HomeMy WebLinkAboutPACKET Town Board 2025-08-12Note - The Town Board reserves the right to consider other appropriate items not
available at the time the agenda was prepared.
Town Board of Trustees Regular Meeting
Tuesday, August 12, 2025, 7:00 p.m.
Town Hall Board Room, 170 MacGregor Ave, Estes Park
Accessibility Statement
The Town of Estes Park is committed to providing equitable access to our services.
Contact us if you need any assistance accessing material at 970-577-4777 or
townclerk@estes.org.
Meeting Participation
This meeting will be streamed live & available on the Town YouTube page. Click on the
following links for more information on Digital Accessibility, Meeting Translations, &
Public Comment.
The Town Board reserves the right to consider other appropriate items not available at
the time the agenda was prepared.
Agenda
Pledge of Allegiance
Agenda Approval
Public Comment
Town Board Comments and Liaison Reports
Town Administrator Report
Consent Agenda
1.Expenditure Approval Lists – Bills
2.Town Board Meeting & Study Session Minutes dated July 22, 2025
3.Town Board and Estes Valley Fire Protection District Joint Study Session dated
July 15, 2025
4. Resolution 77-25 Intergovernmental Agreement with the Colorado Department of
Transportation (CDOT) for Fiscal Year 2025 Certifications and Assurances as
required by the Federal Transit Administration (FTA) as Recipients of FTA
Funding for Public Transportation
5.Resolution 78-25 Amended and Restated Intergovernmental Agreement with
CDOT for Multimodal Transportation and Mitigation Options Fund (MMOF)
and Transportation Alternatives Program (TAP) Grants for Final Segment of
the Fall River Trail,$4,793,076. Budgeted
6.Overdose Awareness Day Presented by The North Colorado Health Alliance
Permit Application for use of Bond Park
Action Items
1.Revised Policy 1101 Delegation of Contract Signature Authority
Proposed adjustments to the list of types of contracts which may be approved by
Town staff.
2.Resolution 79-25 Intergovernmental Agreement (IGA) with Larimer County
for the 2025 Coordinated Election
Consider the Larimer County IGA for the Town’s participation in the upcoming
Coordinated Election on November 4, 2025 placing two citizen-initiated
ordinances on the ballot.
Reports & Discussion Items
1.Wind Sign Code Review
Adjourn
Town of Estes Park, Larimer County, Colorado, July 22, 2025
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 22nd day of July, 2025.
Present: Gary Hall, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Bill Brown
Kirby Hazelton
Frank Lancaster
Mark Igel
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Younglund) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Melissa Wood/County resident questioned why the Town Board has not upheld its code
of conduct policy as it related to direct attacks Trustee Igel made towards the former
Transportation Advisory Chair Morris.
John Guffey/Town resident outlined a vision that would allow individuals to be heard and
understood on issues facing the Town. Consensus building should be used in making
decisions.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: noted success of the Rooftop
Rodeo this year; the League of Women Voters Recycling committee provided recycling
at this year’s rodeo; and VEP meeting would consider the negotiations for the interim
CEO contract, finalize the personnel issue, and discuss the permanent CEO search.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek provided a policy governance monitoring report for policies
3.3, 3.12, and 3.13 and stated full compliance.
CONSENT AGENDA:
1.Bills
2.Town Board Meeting & Study Session Minutes dated July 8, 2025
3.Estes Park Planning Commission Appointment of Julie Phares to complete the term
of Jeff Robbins expiring March 31, 2026
4.Estes Park Board of Adjustment Appointment of Colin Godsey for a three-year term
expiring March 31, 2028
DRA
F
T
Board of Trustees – July 22, 2025 – Page 2
5. Resolution 29-25 Amendment to an Agreement with AE2S LLC to add General
Services for the Spruce Knob and Carriage Hills Water Systems Improvement
Project $219,930 - Budgeted
6. Resolution 75-25 Intergovernmental Agreement with Colorado Department of
Transportation for Fiscal Year 2020 State of Colorado Senate Bill 267 Grant Funding
to Redesign the Visitor Center Parking Lot (CDOT PO #491003941) $136,845 -
Budgeted
7. Acceptance of Town Administrator Policy Governance Monitoring Report
It was moved and seconded (Cenac/Igel) to approve the Consent Agenda Items 1-4
and 6-7, and it passed unanimously.
Consent Item 5 - Resolution 29-25 Amendment to an Agreement with AE2S LLC to
add General Services for the Spruce Knob and Carriage Hills Water Systems
Improvement Project $219,930 – Budgeted. Manager Wesley stated staff requires
general services support for the project and best practice consists of retaining the design
firm for the construction support due to their understanding of the design and project.
Trustee Igel questioned the additional $200,000 in project cost and why the funding was
not approved in the initial contract with AE2S. Manager Wesley noted the level of effort
needed was not fully known until the bids were opened and a contractor was selected to
complete the project. It was moved and seconded (Igel/Cenac) to approve Consent
Agenda Item 5, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. BASE FUNDING REPORT: VIA MOBILITY SERVICES. Director of Operations Lisa
Bitzer provided an overview of the program and thanked the Board for the ongoing
base funding that assists in funding mobility services to the community.
ACTION ITEMS:
1. ORDINANCE 14-25 ACTING BY AND THROUGH ITS WATER ACTIVITY
ENTERPRISE, AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST
AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND NOTE, SERIES
2022A AND OTHER DOCUMENTS RELATED THERETO IN CONNECTION WITH
REBUILDING AND IMPROVING THE WATER DISTRIBUTION SYSTEM OF THE
FORMER PROSPECT MOUNTAIN WATER COMPANY; AND DECLARING AN
EMERGENCY. Mayor Hall opened the public hearing. Director Zimmerman reviewed
an emergency ordinance that would extend the maturity of the CoBank Construction
Loan Note, Series 2022A, to allow additional time from refinancing through the United
States Department of Agriculture – Rural Development Direct Loan proceeds. The
first amendment to the original loan for the reconstruction of the Prospect Mountain
Water system approved by Ordinance 15-22 would allow the refinancing to be
completed, avoid loan default, and protect the Town’s cash reserves and
creditworthiness of the utility. The current due date of August 1, 2025 would be
extended to February 1, 2026. CoBank has agreed to continue the variable interest
rate terms and allow early repayment without penalty. Mayor Hall closed the public
hearing. It was moved and seconded (Hazelton/Younglund) to approve Ordinance
14-25, and it passed unanimously.
2. RESOLUTION 76-25 SUNSETTING THE TRANSPORTATION ADVISORY BOARD.
Town Administrator Machalek noted the Town Board discussed sunsetting the
Transportation Advisory Board (TAB) at their July 8, 2025 meeting. The Board further
discussed the Town’s ongoing commitment to address transportation and
acknowledged the talent and dedication of the TAB members past and present. The
Board further discussed methods other than advisory boards to solicit community
input, including focus groups.
DRA
F
T
Board of Trustees – July 22, 2025 – Page 3
John Guffey/Town resident stated the TAB provided an opportunity for the residents
to understand transportation issues. He acknowledged the ongoing need for more
communication related to transportation and its impact on the community. He would
support maintaining TAB.
Board comments and questions were heard and summarized: noted the importance
of public input on transportation and the need to move from a standing committee to
focus groups on specific projects to increase input from the citizens; focus groups
would provide more flexibility and more public participation; current staff time could be
used more effectively; commented on the need to consider term limits for all appointed
committees, boards, and commissions; concerned TAB was receiving emails from the
community that were not provided to the Town Board in their decision making process;
TAB has been an active functioning group with a change in tone over the years;
determine how focus groups are chosen, determine the impact to staff, and how
liaison roles may work for task forces or focus groups; and acknowledged the current
TAB members who are willing to be engaged and put in the work to support
transportation issues, concerns, and future projects.
It was moved and seconded (Lancaster/Hazelton) to approve Resolution 76-25
noting appreciation of all the current and past members of the Transportation
Advisory Board, and it passed unanimously.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Cenac/Igel) to enter executive session to discuss
purchase, acquisition, lease, transfer or sale of any real, personal, or other property
interest – authorized under Section 24-6-402(4)(a), C.R.S. and for a conference with
an attorney for the Board for the purposes of receiving legal advice on specific
legal questions - authorized under Section 24-6-402(4)(b), C.R.S. – Potential
Locations and Real Property Transaction Alternatives for Relocation of the Police
Department, and it passed unanimously, and it passed unanimously.
The Board entered executive session at 8:11 p.m. and concluded the executive session
at 9:10 p.m.
Whereupon Mayor Hall adjourned the meeting at 9:12 p.m.
Gary Hall, Mayor
Jackie Williamson, Town Clerk DRA
F
T
Town of Estes Park, Larimer County, Colorado July 22, 2025
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 22nd day of July, 2025.
Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown,
Hazelton, Igel, Lancaster, and Younglund
Attending: All
Also Attending: Town Administrator Machalek, Town Attorney Kramer, and
Deputy Town Clerk Beers
Absent: Deputy Town Administrator Damweber
Mayor Hall called the meeting to order at 3:40 p.m.
CURB AND GUTTER PHILOSOPHY. Engineer Wittwer provided history and the
current approach to installing concrete curb and gutter in Estes Park. Staff voiced
preference in continuing to install concrete curb and gutter on future street
reconstruction projects to provide an adequate runoff conveyance system. Historically,
asphalt curb was primarily installed during paving operations in locations where it was
determined necessary to control stormwater runoff. He stated asphalt was not a long-
lasting material and would require more frequent maintenance and/or replacement. A
large amount of asphalt curb and gutter exists throughout Estes Park. Citizen
complaints regarding stormwater runoff has increased in recent years due to water
entering driveways from streets. The Estes Park Development Code (EPDC) requires
concrete curb and gutter installation on new or redevelopment projects, which has only
been enforced for the last 8-10 years. Project costs in 2024 were reviewed for Graves
Avenue, Pine Knoll Drive, the Reclamation Neighborhood and Matthew Circle which
would be completed in 2025. Staff spoke regarding the life expectancy for asphalt and
how proper road compaction maintenance and material can increase the life of the curb
and gutter. Staff requested Board direction on the future vision of residential streets
regarding an urban versus rural or mountainous aesthetic.
Board comments and questions have been summarized: questioned if staff have
reviewed the number of streets lacking curb and gutter or were comprised of asphalt
and if those areas would be reviewed; the approximate life span of a street without curb
and gutter or comprised of asphalt material; questioned if there were any concerns with
redirecting water and the benefits of using permeable material; if staff have considered
impacts to properties which may rely on the water runoff for irrigation purposes; should
different approaches be used for development projects; questioned if grant
requirements have influenced the requirements or mandated material for certain
projects; and requested clarification as to what entity would be required to maintain curb
and gutter along the state highway system within Estes Park. The Board stated support
in handling each road on a case-by-case basis and avoiding asphalt when possible.
THE FUTURE OF ESTES PARK’S WATER SYSTEM SERVICE AREA POPULATION
& DEMANDS. Ed Harvey/Principal and Susan Walker/Partner and Director with Harvey
Economics reviewed population and water demand projections for the Estes Park water
system service area. Demand drivers for the data included: permanent and seasonal
population growth, post COVID work patterns, residential development including ADU’s
and workforce housing; commuting and remote workers; commercial development
including accommodations; RMNP and Estes Park visitation; conservation activities and
outdoor water demands; and climate change. The evaluation covered a 20-year period
from 2026 through 2045 to support future water infrastructure planning. Information for
the report was compiled from CDOT, the Colorado State Demography Office, Colorado
Water Conversation Board, GIS Analysis, the United States Census Bureau and
DRA
F
T
Town Board Study Session – July 22, 2025 – Page 2
additional studies and reports related to remote working, climate change, conservation,
and economic activity. Year-round and seasonal resident permanent population
reflected a little less than 1% growth each year. The population of year-round residents
has continued to decrease over time while seasonal growth rates have increased.
Vacancy rates increased from about 30% in 2018 to almost 37% in 2024. Based on the
data collected, the 2045 vacancy rate was assumed to increase to 50%. RMNP
anticipates future visitation numbers would be similar to 2023 and 2024 at 4.1 million
visits per year. Visit Estes Park Placer AI software tracks mobile phone data which
depicted total visits at 6.1 million visitor days. She reviewed the future visitation
influences across the state and region which impact visitation to Estes Park and
reviewed day and overnight visitor transient population projections. Community
workforce and future commuting levels were projected at 2% for the higher growth and
1.4% lower growth scenarios.
Water demand projections were based on: application of assumed growth rates to
Utilities customer accounts; assumed water use rates to account projections; inclusion
of dispenser/fill station and bleeders; assumed distribution loss (20%) and treatment
loss (2%) and peaking factor (1.95) which were reflected in a higher and lower growth
scenario. Projected customer account average annual growth reflected a 1.2% high
growth scenario and 0.7% lower growth scenario. The residential consumption
decreases were identified due to the increasing percentage of seasonal residents. The
YMCA demands reflected a stable projection. Bulk water demands reflected a growth of
0.4% per year and dispenser/fill station demands would grow at 0.5% per year. The
distribution and treatment loss reflected a 4.2 million gallons for peak day demand in the
high scenario and 3.8 million gallons in the low scenario.
Board comments and questions have been summarized: requested clarification to the
reference of “vacancy rate”; how the use of water was quantified related to the impacts
to the community; questioned if there was any data on the number of commuters
traveling outside of Estes Park; noted homes which are not lived in year round have an
impact on the community and utility rates; interest was heard in identifying opportunities
to have more people living within the community full-time, ways to project the impact of
increasing the workforce in the community, and any available related data; questioned
how staff plan for a water storage and whether it was influenced by seasons or local
events; questioned the current water capacity and when the last population study was
conducted; and questioned if the data reflected assumptions the service area would not
expand beyond its current state.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
It was requested and determined the Business Use of Golf Carts on Trails would be
added to Approved/Unscheduled, and Updates to Policy 208 – Naming of Town Owned
Parks, Open Spaces, and Facilities would be scheduled for September 23, 2025.
Mayor Hall brought forward a citizen request to review the Town sign regulations. Board
discussion has been summarized: questioned if the sign code would be considered in
the development code re-write; concerns were heard related to discussing a specific
issue or business at a study session; signage requirements outside town limits and the
temporary lift in restrictions during COVID has caused confusion throughout the
community; and noted value in and overview of how the code has been enforced.. The
Board consensus was to hear an overview of the sign code and high level options on
specific wind signs.
There being no further business, Mayor Hall adjourned the meeting at 6:43 p.m.
Bunny Victoria Beers, Deputy Town Clerk
DRA
F
T
Town of Estes Park, Larimer County, Colorado July 15, 2025
Minutes of a Joint Study Session meeting of the TOWN BOARD and
ESTES VALLEY FIRE PROTECTION DISTRICT of the Town of Estes
Park, Larimer County, Colorado. Meeting held at Town Hall in the Board
Room in said Town of Estes Park on the 15th day of July, 2025.
Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown,
Hazelton, Igel, Lancaster, and Younglund
Fire Board President Sandra Smith, Vice President Scott Dorman,
Treasurer Ryan Leahy, Jeff Robbins, and Jon Smith
Attending: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown,
Hazelton, Igel, Lancaster, and Younglund
President Sandra Smith, Vice President Scott Dorman, Jeff
Robbins, and Jon Smith
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Attorney Kramer, Police Chief Stewart
Absent: Fire District Treasurer Ryan Leahy
Mayor Hall called the meeting to order at 3:00 p.m.
DISCUSSION OF TOWN SALES TAX SUPPORT FOR THE ESTES VALLEY FIRE
PROTECTION DISTRICT. Town Administrator Machalek stated the discussion began
with exploring ways to address the Town’s need to fund the construction of a new police
department facility. He provided an overview of the current intergovernmental
agreement between the two entities which provides 7% of the Town’s 4% sales tax
collected annually for the operation of the district. The agreement was established with
the formation of the district in 2009. Prior to 2024 the district was limited to levying
property tax as a revenue source. He noted the legislature has expanded the ability of
fire districts to levy a voter proved sales tax to fund the district which would eliminate the
need for Town funding. If a fire district sales tax was approved by the voters, the Town
would use the current funds allocated to the district to fund the debt service of a new
police facility.
Discussion followed and has been summarized: questioned if the voters approved the
current funding model for the fire district through the election that formed the district;
confirmed the 7% does not impact the 1A sales tax; the timing of the discussion would
likely lead the Town to consider a ballot question to fund the police facility in January,
prior to the district considering a sales tax, with a contingency to eliminate the Town’s
funding to the fire district upon approval by the voters of a new sales tax to fund the
district; noted the property tax question in April 2025 was narrowly defeated, therefore,
a sales tax would likely pass; a sales tax funding of the district would be fair for all
citizens in the valley; questioned how the sell of the Stanley Hotel may impact the
overall collection of sales tax and property tax; concern was raised on the two entities
requesting funding from the voters at separate elections; noted the importance of
working together to support both the new police facility and the ongoing funding of the
fire district; noted the Town has begun work with the County to determine the sales tax
needed to fund the district at the current level provided by the intergovernmental
agreement; expressed the importance of addressing how to fund the district today and
the future needs of the district; noted the district would have levied a sales tax during
the formation in 2009 if it had been an option; questioned if there were any other fire
DRA
F
T
Town Board Study Session – July 15, 2025 – Page 2
districts that have levied a sales tax; and stated the requirement to inform the voters on
the need of a new police facility, address the voters concern with an increase in taxes,
and educate on how the funds would be used to create effective emergency response
by both police and fire.
Town Administrator Machalek stated the following items would be reviewed further
through ongoing discussions: 1) Consideration of whether the two entities should bring
questions at the same election; 2) Provide additional information on the original election
forming the district, and how it was changed with the senate bill in 2024 that allows the
district to levy a sales tax; and 3) Determine the sales tax rate the district would have to
impose to collect the same revenue provided by the 7% sales tax from the Town. He
noted information would be collected and provided to both boards.
There being no further business, Mayor Hall adjourned the meeting at 4:30 p.m.
Jackie Williamson, Town Clerk
DRA
F
T
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, CPP, CCTM, Parking & Transit Manager
David Greear, PE, Public Works Director
Department: Public Works
Date: August 12, 2025
Subject: Resolution 77-25 Intergovernmental Agreement with the Colorado
Department of Transportation for fiscal year 2025 certifications and
assurances as required by the Federal Transit Administration (FTA) for
recipients of FTA funding for public transportation
Type: Resolution
Objective
Consider adoption of Resolution 77-25, approving an Intergovernmental Agreement
(IGA) with the Colorado Department of Transportation (CDOT) for Fiscal Year (FY)
2025 Certifications and Assurances required by the Federal Transit Administration
(FTA) for recipients of FTA funding for public transportation.
Present Situation:
Before the FTA may award federal assistance for public transportation in the form of a
federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre
award agency (Town) Certifications and Assurances are required. CDOT has requested
that each agency (Town) review the Certifications and Assurance overview and select
those categories that will apply to any application for which the agency (Town) might
seek or receive federal assistance from FTA during the fiscal year listed (FY 2025).
Because of FTA’s annual Certification and Assurance overview contains various
agreements and commitments, it requires Town Board approval as an IGA under Town
Policy 1101.
Proposal:
Public Works staff propose that the Town Board authorize the Parking and Transit
Manager to complete and submit the FY 2025 Certifications and Assurances, as
required by the FTA, using CDOT’s online document management portal COTRAMS.
Advantages:
By completing the requested FY2025 Certifications and Assurances, the Town will
ensure that it remains in compliance with State and Federal requirements for agencies
that receive grant funding for public transportation projects.
Completing the requested FY2025 Certifications and Assurances secures Town
eligibility to receive FTA grant funding for reimbursement for several existing projects
and allows the Town to receive the FY 2025 FTA 5311 funds.
Disadvantages:
Accepting and processing Federal grants adds administrative workload to several
departments, including Public Works, Internal Services and Finance; however, these
staff teams are well-versed at managing FTA grant funding of this type.
Action Recommended:
Public Works staff recommend approval of Resolution 77-25.
Finance/Resource Impact:
This item does not require funding or resources from the Town.
Level of Public Interest:
Public interest in the item is low.
Sample Motion:
I move for the approval of Resolution 77-25.
Attachments:
1. Resolution 77-25
2. FY 2025 FTA Certification and Assurances Form and Checklist
RESOLUTION 77-25
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2025 FEDERAL
CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION
ASSISTANCE PROGRAMS
WHEREAS, the Town Board desires to enter into the intergovernmental
agreement referenced in the title of this resolution for the purpose of receiving FY 2025
grant funding for public transportation in Estes Park from the Federal Transit
Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Town Board approves, and authorizes the Town Administrator or designee to
sign, the intergovernmental agreement referenced in the title of this resolution in
substantially the form now before the Town Board.
DATED this day of , 2025.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Certifications and Assurances :: Page 1 of 4
Overview
Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards.
Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative
agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read
each Certification and Assurance and select those that will apply to any application for which you might seek federal
assistance from FTA during the fiscal year listed.
Please review the full list of Certifications and Assurances by before completing this form.clicking here
DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements
of persons who have a disability. If you require an alternative version of the files provided on this page, please contact
.FTAWebAccessibility@dot.gov
Certifications and Assurances
FEDERAL CERTIFICATIONS AND ASSURANCES FOR
FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS
(Signature pages alternative to providing Certifications and Assurances in TrAMS)
Agency:
Estes Park, Town of
Federal Fiscal Year:
2025
The Applicant agrees to comply with applicable provisions of Categories 01-20:
(check this box and click Save to select all of the Categories listed below)
All Applicable Provisions:
The Applicant agrees to comply with applicable provisions of the Categories it has selected:
(select all of the Categories that apply)
Attachment 2
Certifications and Assurances :: Page 2 of 4
CATEGORY 1. Certifications and Assurances Required of Every
Applicant:
CATEGORY 2. Public Transportation Agency Safety Plans:
CATEGORY 3. Tax Liability and Felony Convictions:
CATEGORY 4. Private Sector Protections:
CATEGORY 5. Transit Asset Management Plan:
CATEGORY 6. Rolling Stock Buy America Reviews and Bus
Testing:
CATEGORY 7. Urbanized Area Formula Grants Program:
CATEGORY 8. Formula Grants for Rural Areas:
CATEGORY 9. Fixed Guideway Capital Investment Grants and
the Expedited Project Delivery for Capital Investment Grants Pilot
Program:
CATEGORY 10. Grants for Buses and Bus Facilities and Low or
No Emission Vehicle Deployment Grant Programs:
CATEGORY 11. Enhanced Mobility of Seniors and Individuals
with Disabilities Programs:
CATEGORY 12. State of Good Repair Grants:
CATEGORY 13. Infrastructure Finance Programs:
CATEGORY 14. Alcohol and Controlled Substances Testing:
CATEGORY 15. Rail Safety Training and Oversight:
CATEGORY 16. Demand Responsive Service:
Certifications and Assurances :: Page 3 of 4
CATEGORY 17. Interest and Financing Costs:
CATEGORY 18. Cybersecurity Certification for Rail Rolling Stock
and Operations:
CATEGORY 19. Public Transportation on Indian Reservations
Formula and Discretionary Program (Tribal Transit Programs):
CATEGORY 20. Emergency Relief Program:
Affirmation
:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws,
regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and
Assurances as indicated on the foregoing page applicable to each application its Authorized Representative
makes to the Federal Transit Administration (FTA) in federal fiscal year 2025, irrespective of whether the
individual that acted on his or her Applicant's behalf continues to represent it.
Authorized Representative:
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and
any other statements made by me on behalf of the Applicant are true and accurate.
True and Accurate Statement:
Authorized Representative
Name:Date Signed:
Certifications and Assurances :: Page 4 of 4
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, CPP, CCTM, Parking & Transit Manager
David Greear, PE, Public Works Director
Department: Public Works
Date: August 12, 2025
Subject: Resolution 77-25 Intergovernmental Agreement with the Colorado
Department of Transportation for fiscal year 2025 certifications and
assurances as required by the Federal Transit Administration (FTA) for
recipients of FTA funding for public transportation
Type: Resolution
Objective
Consider adoption of Resolution 77-25, approving an Intergovernmental Agreement
(IGA) with the Colorado Department of Transportation (CDOT) for Fiscal Year (FY)
2025 Certifications and Assurances required by the Federal Transit Administration
(FTA) for recipients of FTA funding for public transportation.
Present Situation:
Before the FTA may award federal assistance for public transportation in the form of a
federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre
award agency (Town) Certifications and Assurances are required. CDOT has requested
that each agency (Town) review the Certifications and Assurance overview and select
those categories that will apply to any application for which the agency (Town) might
seek or receive federal assistance from FTA during the fiscal year listed (FY 2025).
Because of FTA’s annual Certification and Assurance overview contains various
agreements and commitments, it requires Town Board approval as an IGA under Town
Policy 1101.
Proposal:
Public Works staff propose that the Town Board authorize the Parking and Transit
Manager to complete and submit the FY 2025 Certifications and Assurances, as
required by the FTA, using CDOT’s online document management portal COTRAMS.
Advantages:
By completing the requested FY2025 Certifications and Assurances, the Town will
ensure that it remains in compliance with State and Federal requirements for agencies
that receive grant funding for public transportation projects.
Completing the requested FY2025 Certifications and Assurances secures Town
eligibility to receive FTA grant funding for reimbursement for several existing projects
and allows the Town to receive the FY 2025 FTA 5311 funds.
Disadvantages:
Accepting and processing Federal grants adds administrative workload to several
departments, including Public Works, Internal Services and Finance; however, these
staff teams are well-versed at managing FTA grant funding of this type.
Action Recommended:
Public Works staff recommend approval of Resolution 77-25.
Finance/Resource Impact:
This item does not require funding or resources from the Town.
Level of Public Interest:
Public interest in the item is low.
Sample Motion:
I move for the approval of Resolution 77-25.
Attachments:
1. Resolution 77-25
2. FY 2025 FTA Certification and Assurances Form and Checklist
RESOLUTION 77-25
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2025 FEDERAL
CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION
ASSISTANCE PROGRAMS
WHEREAS, the Town Board desires to enter into the intergovernmental
agreement referenced in the title of this resolution for the purpose of receiving FY 2025
grant funding for public transportation in Estes Park from the Federal Transit
Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Town Board approves, and authorizes the Town Administrator or designee to
sign, the intergovernmental agreement referenced in the title of this resolution in
substantially the form now before the Town Board.
DATED this day of , 2025.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Certifications and Assurances :: Page 1 of 4
Overview
Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards.
Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative
agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read
each Certification and Assurance and select those that will apply to any application for which you might seek federal
assistance from FTA during the fiscal year listed.
Please review the full list of Certifications and Assurances by before completing this form.clicking here
DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements
of persons who have a disability. If you require an alternative version of the files provided on this page, please contact
.FTAWebAccessibility@dot.gov
Certifications and Assurances
FEDERAL CERTIFICATIONS AND ASSURANCES FOR
FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS
(Signature pages alternative to providing Certifications and Assurances in TrAMS)
Agency:
Estes Park, Town of
Federal Fiscal Year:
2025
The Applicant agrees to comply with applicable provisions of Categories 01-20:
(check this box and click Save to select all of the Categories listed below)
All Applicable Provisions:
The Applicant agrees to comply with applicable provisions of the Categories it has selected:
(select all of the Categories that apply)
Attachment 2
Certifications and Assurances :: Page 2 of 4
CATEGORY 1. Certifications and Assurances Required of Every
Applicant:
CATEGORY 2. Public Transportation Agency Safety Plans:
CATEGORY 3. Tax Liability and Felony Convictions:
CATEGORY 4. Private Sector Protections:
CATEGORY 5. Transit Asset Management Plan:
CATEGORY 6. Rolling Stock Buy America Reviews and Bus
Testing:
CATEGORY 7. Urbanized Area Formula Grants Program:
CATEGORY 8. Formula Grants for Rural Areas:
CATEGORY 9. Fixed Guideway Capital Investment Grants and
the Expedited Project Delivery for Capital Investment Grants Pilot
Program:
CATEGORY 10. Grants for Buses and Bus Facilities and Low or
No Emission Vehicle Deployment Grant Programs:
CATEGORY 11. Enhanced Mobility of Seniors and Individuals
with Disabilities Programs:
CATEGORY 12. State of Good Repair Grants:
CATEGORY 13. Infrastructure Finance Programs:
CATEGORY 14. Alcohol and Controlled Substances Testing:
CATEGORY 15. Rail Safety Training and Oversight:
CATEGORY 16. Demand Responsive Service:
Certifications and Assurances :: Page 3 of 4
CATEGORY 17. Interest and Financing Costs:
CATEGORY 18. Cybersecurity Certification for Rail Rolling Stock
and Operations:
CATEGORY 19. Public Transportation on Indian Reservations
Formula and Discretionary Program (Tribal Transit Programs):
CATEGORY 20. Emergency Relief Program:
Affirmation
:
BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws,
regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and
Assurances as indicated on the foregoing page applicable to each application its Authorized Representative
makes to the Federal Transit Administration (FTA) in federal fiscal year 2025, irrespective of whether the
individual that acted on his or her Applicant's behalf continues to represent it.
Authorized Representative:
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and
any other statements made by me on behalf of the Applicant are true and accurate.
True and Accurate Statement:
Authorized Representative
Name:Date Signed:
Certifications and Assurances :: Page 4 of 4
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
Through: Town Administrator Machalek
From: Trevor Wittwer, PE, Town Engineer
Department: Public Works Department
Date: August 12, 2025
Subject: Resolution 78-25 Amended and Restated Intergovernmental Agreement
with Colorado Department of Transportation for Multimodal Transportation
and Mitigation Options Fund (MMOF) and Transportation Alternatives
Program (TAP) Grants for Final Segment of the Fall River Trail,
$4,793,076. Budgeted.
Type: Resolution
Objective:
Public Works staff seek Town Board approval for this Amended and Restated
Intergovernmental Agreement (IGA) with the Colorado Department of Transportation
(CDOT) which effectively terminates the TAP IGA and transfers those funds into the
MTF IGA for the construction of the Fall River Trail Final Segment. The purpose for this
consolidation of funds is to reduce the administrative burden of operating with two
separate grant agreements.
Present Situation:
The Town Board supported Public Works staff to submit for two separate CDOT grant
applications which were awarded:
1.Multimodal Options Fund (MMOF aka MTF) is state funds. Award amount:
$1,438,557. Local cost share amount: $479,519.
2.Transportation Alternatives Program (TAP) is federal funds. Award amount:
$2,300,000. Local cost share amount: $575,000.
The Fall River Trail project is a high priority trail outlined in the Estes Valley Master
Trails Plan. As such, Town staff have worked diligently to research grant opportunities
and submit applications.
This work will consist of multimodal trail construction along Fall River Road (US 34)
starting at the current trail terminus east of Fall River Court. The proposed construction
will follow US 34 west for approximately 0.70 miles and connect to the existing trail
section along Fish Hatchery Road.
The design phase of this work was completed to a 90% phase in 2017 through a
Federal Transit Administration Sarbanes Alternative Transportation in Parks and Public
Lands Grant. Final 100% design efforts concluded in June 2025, supported with Town
funds.
Following execution of this IGA, the Town will solicit bids for construction. The
construction phase of the project is estimated to begin in fall/winter 2025 and estimated
completion for this trail segment will be spring 2026.
Proposal:
Public Works staff recommend Town Board approval of the grant amendment with
CDOT for TAP and MTF grants to construct the Fall River Trail Final Segment. Town
Engineer Wittwer will manage the project.
Advantages:
• Town staff strategically applied for these CDOT funds for this specific trail segment
because it is on their highway system (US 34) and because this is a particularly
challenging area because of the proposed trail alignment to the road and river bank.
• These funds support completing a trail that will connect historic downtown Estes
Park with Rocky Mountain National Park (RMNP).
• When completed, this will be the first multimodal trail that connects with RMNP.
• This project supports the Estes Valley Master Trails Plan.
• This trail extension will provide added safety to residents and visitors that walk and
bike this heavily trafficked stretch of Fall River Road (US 34).
Disadvantages:
• As most all grants, there is a required cost share; however, funds have been
allocated for this project through the 1A Trail Expansion Funds.
• Construction activity will be disruptive, especially to motorists along Fall River Road;
however, traffic control will be provided and construction will primarily be conducted
during the slower months.
Action Recommended:
Public Works staff respectfully request that the Board authorize execution of the
proposed grant amendment with CDOT for the purpose of accepting the transfer of TAP
funds into MTF funds to complete construction of the Fall River Trail Final Segment.
Finance/Resource Impact:
The financial impact to the Town is as follows:
TAP Grant (federal funds): $ 2,300,000
TAP Grant (local match – budgeted): $ 575,000
MTF Grant (state funds): $ 1,438,557
MTF Grant (local match – budgeted): $ 479,519
Total Town Cost: $1,054,519
The Town’s local match has been identified in Trails Expansion 1A (Fund 244).
Current Impact: 244-3400-434.36-60 1A Trails, $1,054,519 expenditure,
$3,836,652 available budget as of 7-22-25.
Future Ongoing Impacts: Future ongoing expenditures on the construction of this
trail will consist of minimal maintenance items.
Future One Time Impacts: This is not expected to significantly impact future one
time costs.
Level of Public Interest:
Public interest in this item is moderate at this time, but will likely increase as
construction begins.
Sample Motion:
I move for the approval/denial of Resolution 78-25.
Attachments:
1.Resolution 78-25
2.CDOT IGA Amendment - TAP
3.CDOT IGA Amendment - MTF
RESOLUTION 78-25
APPROVING AMENDMENTS TO INTERGOVERNMENTAL AGREEMENTS WITH
THE COLORADO DEPARTMENT OF TRANSPORATION FOR TRANSPORTATION
ALTERNATIVES PROGRAM (TAP) AND MULTIMODAL OPTIONS FUND (MTF)
GRANT FUNDS TO COMPLETE CONSTRUCTION OF THE FALL RIVER TRAIL
FINAL SEGMENT
WHEREAS, the Town Board desires to enter the intergovernmental agreement
amendment referenced in the title of this resolution for the purpose of accepting TAP
and MTF grant funding to complete the construction of the Fall River Trail Final
Segment; and
WHEREAS, the project will support the goals of the Statewide Transit Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreements referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2025.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 1 of 31
STATE OF COLORADO AMENDMENT
AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
Amendment and Restatement No. 1 Project #: MTF M405-027 (25483)
SIGNATURE AND COVER PAGE
Department of Transportation
Amendment and Restatement Routing
Number
24-HA4-XC-00036-M0001
TOWN OF ESTES PARK 24-HA4-XC-00036
$4,793,076.00
November 4, 2024
Original Agreement Expiration Date
March 6, 2034
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment and Restatement No. 1 represents and warrants that he or she is duly
authorized to execute this Amendment and Restatement No. 1 and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
TOWN OF ESTES PARK
________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment and Restatement No. 1 is not valid until signed and dated
below by the State Controller or an authorized delegate.
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Amendment and Restatement No. 1 Execution Date:_____________________
Attachment 2
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 2 of 31
1)PARTIES
This Amendment and Restatement No. 1 to the Original Agreement shown on the Signature and Cover Page for
this Amendment and Restatement No. 1 is entered into by and between the Local Agency and the State.
2)TERMINOLOGY
All terms used in this Amendment and Restatement that are defined shall be construed and interpreted in
accordance with this Amendment and Restatement.
3)PURPOSE AND MODIFICATION
A.History
On November 4, 2024 the Parties executed an Intergovernmental Agreement, in the amount of
$1,918,076.00.
B.The Parties are amending and restating the Original Agreement through this Amended and Restated
Intergovernmental Agreement while retaining the Original Agreement Execution Date shown on the
Signature and Cover Page, and all Option Letters (if applicable), and Amendments (if applicable) to the
Original Agreement, and the Original Agreement Expiration Date shown on the Signature and Cover Page.
C.The Parties hereby revoke all provisions of the Original Agreement in its entirety, except for the Original
Agreement Execution Date and Expiration Date and the Amendments and Option Letters referenced in §3.A.
above. This Amendment and Restatement No. 1 without reference to those provisions revoked, shall hereafter
constitute the Intergovernmental Agreement as amended and restated.
4)TERM AND EFFECTIVE DATE
A.This Amendment and Restatement No. 1 shall not be valid or enforceable until signed and dated by the State
Controller or an authorized delegate. The Execution Date of the Original Agreement remains unchanged.
The State shall not be bound by any provision of this Amendment and Restatement before this Amendment
and Restatement No. 1 is executed by the State Controller or an authorized delegate and shall have no
obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment and
Restatement either before or after the Amendment and Restatement No. 1 term shown in §3.C of this
Amendment and Restatement No. 1.
B.The Parties’ respective performances under this Amendment and Restatement No. 1 and the changes to the
Original Agreement contained herein shall continue from the Original Agreement Execution Date shown on
the Signature and Cover Page and shall terminate on the Original Agreement Expiration Date shown on the
Signature and Cover Page.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 3 of 31
TABLE OF CONTENTS
1.PARTIES ................................................................................................................................................. 3
2.TERM AND EFFECTIVE DATE ........................................................................................................... 3
3.AUTHORITY .......................................................................................................................................... 5
4.PURPOSE ................................................................................................................................................ 5
5.DEFINITIONS ........................................................................................................................................ 5
6.SCOPE OF WORK ................................................................................................................................. 8
7.PAYMENTS .......................................................................................................................................... 12
8.REPORTING - NOTIFICATION ......................................................................................................... 17
9.LOCAL AGENCY RECORDS ............................................................................................................. 17
10.CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... 18
11.CONFLICTS OF INTEREST ................................................................................................................ 19
12.INSURANCE ........................................................................................................................................ 20
13.BREACH ............................................................................................................................................... 22
14.REMEDIES ........................................................................................................................................... 22
15.DISPUTE RESOLUTION ..................................................................................................................... 24
16.NOTICES AND REPRESENTATIVES ............................................................................................... 24
17.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 25
18.GOVERNMENTAL IMMUNITY ........................................................................................................ 26
19.STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................... 26
20.GENERAL PROVISIONS .................................................................................................................... 26
21.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 29
22.FEDERAL REQUIREMENTS ............................................................................................................. 31
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 31
EXHIBIT A, SCOPE OF WORK (Currently A-1)
EXHIBIT B, SAMPLE OPTION LETTER (Currently B-1)
EXHIBIT C, FUNDING PROVISIONS (Budget) (Currently C-1)
EXHIBIT D, LOCAL AGENCY RESOLUTION (Currently D-1)
EXHIBIT E, LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST (Currently E-1)
EXHIBIT F, CERTIFICATION FOR FEDERAL-AID AGREEMENTS
EXHIBIT G, DISADVANTAGED BUSINESS ENTERPRISE
EXHIBIT H, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
EXHIBIT I, FEDERAL-AID AGREEMENT PROVISIONS FOR CONSTRUCTION AGREEMENTS
EXHIBIT J, ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT K, FFATA SUPPLEMENTAL FEDERAL PROVISIONS
EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT FORM
EXHIBIT M, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
EXHIBIT N, FEDERAL TREASURY PROVISIONS
EXHIBIT O, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
EXHIBIT P, SLFRF SUBRECIPIENT QUARTERLY REPORT
EXHIBIT Q, SLFRF REPORTING MODIFICATION FORM
EXHIBIT R, APPLICABLE FEDERAL AWARDS
EXHIBIT S, PII CERTIFICATION
EXHIBIT T, CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
1.PARTIES
This Agreement is entered into by and between Local Agency named on the Signature and Cover Page for this
Agreement (“Local Agency”), and the STATE OF COLORADO acting by and through the State agency named
on the Signature and Cover Page for this Agreement (the “State” or “CDOT”). Local Agency and the State agree
to the terms and conditions in this Agreement.
2.TERM AND EFFECTIVE DATE
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 4 of 31
A.Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be
expended within the dates shown in Exhibit C for each respective phase (“Phase Performance Period(s)”).
The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have
no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date
of this original Agreement; except as described in §7.D; 2) before the encumbering document for the
respective phase and the official Notice to Proceed for the respective phase; or 3) after the Final Phase
Performance End Date, as shown in Exhibit C. Additionally, the State shall have no obligation to pay Local
Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required
billing deadline specified in §7.B.i.e., or the expiration of “Special Funding” if applicable, whichever is
sooner. The State’s obligation to pay Agreement Funds exclusive of Special Funding will continue until the
Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no
payments will be made after expiration of Agreement Funds.
B.Initial Term and Extension
The Parties’ respective performances under this Agreement shall commence on the Agreement Effective
Date shown on the Signature and Cover Page for this Agreement and shall terminate on March 6, 2034 as
shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended in
accordance with the terms of this Agreement. Upon request of Local Agency, the State may, in its sole
discretion, extend the term of this Agreement by Option Letter pursuant §7.E.iv. If the Work will be
performed in multiple phases, the period of performance start and end date of each phase is detailed under
the Project Schedule in Exhibit C.
C.Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, and this ARPA Award is not appropriated, or otherwise become unavailable to fund this ARPA Award
the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply
to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by
§14.A.i.
i.Method and Content
The State shall notify Local Agency by providing written notice to Local Agency of the termination and
be in accordance with §16. The notice shall specify the effective date of the termination and whether it
affects all or a portion of this Agreement.
ii.Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject
to §14.A.i.a
iii.Payments
If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the
uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement
shall not exceed the maximum amount payable to Local Agency hereunder. This subsection shall not
apply to a termination of this ARPA Award by the State for breach by Local Agency.
D.Local Agency Termination Under Federal Requirements
Local Agency may request termination of the ARPA Award by sending notice to the State, which includes
the effective date of the termination. If this ARPA Award is terminated in this manner, then Local Agency
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 5 of 31
shall return any advanced payments made for work that will not be performed prior to the effective date of
the termination.
3.AUTHORITY
Authority to enter into this Agreement exists in the law as follows:
A.Federal Authority
Pursuant to Title I, Subtitle A, of the “Fixing America’s Surface Transportation Act” (FAST Act) of 2015,
and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23
of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the
“Federal Provisions”), certain federal funds have been and are expected to continue to be allocated for
transportation projects requested by Local Agency and eligible under the Surface Transportation
Improvement Program that has been proposed by the State and approved by the Federal Highway
Administration (“FHWA”).
Pursuant to Title VI of the Social Security Act, Section 602 of the “Coronavirus State and Local Fiscal
Recovery Funds”, a part of the American Rescue Plan, provides state, local and Tribal governments with the
resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable
economy during the recovery.
B.State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for
the general administration and supervision of performance of projects in the Program, including the
administration of federal funds for a Program project performed by a Local Agency under a contract with the
State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-
101(4)(c) and 43-2-104.5.
4.PURPOSE
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship
Agreement with the FHWA and/or USDT as shown in Exhibit C.
5.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.“Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B.“Agreement Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Agreement.
C.“ARPA” means American Rescue Plan Act, funded by the US Department of the Treasury (“USDT”). See
“SLFRF” below.
D.“Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
E. “Budget” means the budget for the Work described in Exhibit C.
F.“Business Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S..
G. “Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or
her authority pursuant to §24-102-202 to procure or supervise the procurement of all supplies and services
needed by the State.
H.“CJI” means criminal justice information collected by criminal justice agencies needed for the performance
of their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 6 of 31
Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-
72-302, C.R.S.
I.“Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product.
J. “Contractor” means the general construction contractor hired by Local Agency to construct the Work.
K.“CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
L. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature and Cover Page for this Agreement.
M.“Evaluation” means the process of examining Local Agency’s Work and rating it based on criteria
established in §6, Exhibit A and Exhibit E.
N.“Exhibits” means the following exhibits attached to this Agreement:
i.Exhibit A, Scope of Work.
ii.Exhibit B, Sample Option Letter.
iii.Exhibit C, Funding Provisions
iv.Exhibit D, Local Agency Resolution
v.Exhibit E, Local Agency Contract Administration Checklist
vi.Exhibit F, Certification for Federal-Aid Contracts
vii.Exhibit G, Disadvantaged Business Enterprise
viii.Exhibit H, Local Agency Procedures for Consultant Services
ix.Exhibit I, Federal-Aid Contract Provisions for Construction Contracts
x.Exhibit J, Additional Federal Requirements
xi.Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA)
Supplemental Federal Provisions
xii.Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form
xiii.Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”)
xiv.Exhibit N, Federal Treasury Provisions
xv.Exhibit O, Agreement with Subrecipient of Federal Recovery Funds
xvi.Exhibit P, SLFRF Subrecipient Quarterly Report
xvii.Exhibit Q, SLFRF Reporting Modification Form
xviii. Exhibit R, Applicable Federal Awards
xix.Exhibit S, PII Certification
xx.Exhibit T, Checklist of Required Exhibits Dependent on Funding Source
O.“Expiration Date” means the date on which this Agreement expires, as shown on the Signature and Cover
Page for this Agreement.
P. “Extension Term” means the period of time by which the ARPA Expiration Date is extended by the State
through delivery of an updated ARPA Letter.
Q.“Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under
the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also
means an agreement setting forth the terms and conditions of the Federal Award. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
R.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The US
Department of the Treasury is the Federal Awarding Agency for the Federal Award, which may be the
subject of this Agreement.
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 7 of 31
S.“FHWA” means the Federal Highway Administration, which is one of the twelve administrations under the
Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides
stewardship over the construction, maintenance and preservation of the Nation’s highways and tunnels.
FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement.
T. “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Local Agency in
connection with the Services.
U.“Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access or disclosure of State Confidential Information or of the unauthorized modification,
disruption, or destruction of any State Records.
V.“Initial Term” means the time period defined in §2.B.
W. “Local Funds” means the funds provided by the Local Agency as their obligated contribution to the federal
and/or State Awards to receive the federal and/or State funding.
X.“Notice to Proceed” means the letter issued by the State to the Local Agency stating the date the Local
Agency can begin work subject to the conditions of this Agreement.
Y.“OMB” means the Executive Office of the President, Office of Management and Budget.
Z. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA.
AA. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency.
BB. “PCI” means payment card information including any data related to credit card holders’ names, credit card
numbers, or the other credit card information as may be protected by state or federal law.
CC. “PHI” means any protected health information, including, without limitation any information whether oral
or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition
of an individual; the provision of health care to an individual; or the past, present or future payment for the
provision of health care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is
not limited to, any information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
DD.“PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as
name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any
other information that is linked or linkable to an individual, such as medical, educational, financial, and
employment information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S. “PII” shall also mean “personal identifying information” as
set forth at § 24-74-102, et. seq., C.R.S.
EE. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award.
FF. “Services” means the services to be performed by Local Agency as set forth in this Agreement and shall
include any services to be rendered by Local Agency in connection with the Goods.
GG. “SLFRF” means State and Local Fiscal Recovery Funds, provided by ARPA, funded by the US Treasury
Department.
HH. “Special Funding” means an award by Federal agency or the State which may include but is not limited to
one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main
Streets, Safer Main Streets, Stimulus Funds, Coronavirus Response and Relief Supplemental Funds, ARPA,
SLFRF, or COVID Relief.
II.“State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to, PII and State personnel records not subject
to disclosure under CORA.
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 8 of 31
JJ. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a).
KK. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on
June 30 of the following calendar year. If a single calendar year follows the term, then it means the State
Fiscal Year ending in that calendar year.
LL. “State Purchasing Director” means the position described in the Colorado Procurement Code and its
implementing regulations.
MM. “State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
NN. “Sub-Award” means this Award by the State to Local Agency funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and
conditions of the Federal Award specifically indicate otherwise.
OO. “Subcontractor” means third parties, if any, engaged by Local Agency to aid in performance of the Work.
PP. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of
a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient
may also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
QQ. “Tax Information” means Federal and State of Colorado tax information including, without limitation,
Federal and State tax returns, return information, and such other tax-related information as may be protected
by Federal and State law and regulation. Tax Information includes but is not limited to all information
defined as Federal tax Information in Internal Revenue Service Publication 1075.
RR. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
Audit Act follow-up.
SS. “USDT” The United States Department of the Treasury (USDT) is the national treasury and finance
department of the federal government of the United States where it serves as an executive department. The
USDT funds ARPA.
TT. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s
Local Agency Manual described in this Agreement.
UU. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs,
negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
any other results of the Work. “Work Product” does not include any material that was developed prior to
the Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined
in that Exhibit.
6. SCOPE OF WORK
Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the
delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement.
Work may be divided into multiple phases that have separate periods of performance. The State may not
compensate for Work that Local Agency performs outside of its designated phase performance period. The
performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or
Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time,
at its sole discretion, to extend the Agreement Expiration Date and/or to extend the period of performance for a
phase of Work authorized under this Agreement. To exercise these options to extend the Agreement Expiration
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 9 of 31
Date and/or to update the phase performance period extension option, the State will provide written notice to
Local Agency in a form substantially equivalent to Exhibit B. The State’s unilateral extension of the Agreement
Expiration Date and/or the phase performance periods will not amend or alter in any way the funding provisions
or any other terms specified in this Agreement, notwithstanding the options listed under §7.E
A. Local Agency Commitments
i. Design
If the Work includes preliminary design, final design, design work sheets, or special provisions and
estimates (collectively referred to as the “Plans”), Local Agency shall ensure that it and its Contractors
comply with and are responsible for satisfying the following requirements:
a. Perform or provide the Plans to the extent required by the nature of the Work.
b. Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
c. Prepare provisions and estimates in accordance with the most current version of the State’s Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local
Agency specifications if approved by the State.
d. Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e. Stamp the Plans as produced by a Colorado registered professional engineer.
f. Provide final assembly of Plans and all other necessary documents.
g. Ensure the Plans are accurate and complete.
h. Make no further changes in the Plans following the award of the construction contract to Contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in
writing by CDOT, and when final, they will be deemed incorporated herein.
ii. Local Agency Work
a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA)
42 U.S.C. § 12101, et. seq., and applicable federal regulations and standards as contained in the
document “ADA Accessibility Requirements in CDOT Transportation Projects”.
b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any
changes in the Plans that are directed by the State to comply with FHWA requirements.
c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans
and/or construction administration. Provided, however, if federal-aid funds are involved in the cost
of such Work to be done by such Consultant, such Consultant contract (and the performance
provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R.
Part 172 and with any procedures implementing those requirements as provided by the State,
including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work:
1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract,
subject to the State’s approval. If not approved by the State, Local Agency shall not enter into
such Consultant contract.
2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract has
been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 10 of 31
3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from Local Agency’s attorney/authorized
representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d).
6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between Local Agency and the State (which is incorporated herein by this
reference) for the design/construction of the project. The State is an intended third-party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
(c) The consultant shall review the construction Contractor’s shop drawings for conformance
with the contract documents and compliance with the provisions of the State’s publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
iii. Construction
If the Work includes construction, Local Agency shall perform the construction in accordance with the
approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing construction Contractor claims;
construction supervision; and meeting the quality control requirements of the FHWA/CDOT
Stewardship Agreement, as described in Exhibit E.
a. The State may, after providing written notice of the reason for the suspension to Local Agency,
suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct
conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
b. Local Agency shall be responsible for the following:
1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures, as defined in the CDOT Local Agency Manual
(https://www.codot.gov/business/designsupport/bulletins_manuals/2006-local-agency-
manual).
2) For the construction Services, advertising the call for bids, following its approval by the State,
and awarding the construction contract(s) to the lowest responsible bidder(s).
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 11 of 31
(a) All Local Agency’s advertising and bid awards pursuant to this Agreement shall comply
with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and
C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local
Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim,
into any subcontract(s) for Services as terms and conditions thereof, as required by 23
C.F.R. 633.102(e).
(b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on
which competitive bids have been received. Local Agency must accept or reject such bids
within three (3) working days after they are publicly opened.
(c) If Local Agency accepts bids and makes awards that exceed the amount of available
Agreement Funds, Local Agency shall provide the additional funds necessary to complete
the Work or not award such bids.
(d) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the
State.
(e) The State (and in some cases FHWA) must approve in advance all Force Account
Construction, and Local Agency shall not initiate any such Services until the State issues a
written Notice to Proceed.
iv. Right of Way (ROW) and Acquisition/Relocation
a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency
shall convey the ROW to CDOT promptly upon the completion of the project/construction.
b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and
regulations, including but not limited to, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24),
CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c. The Parties’ respective responsibilities for ensuring compliance with acquisition, relocation and
incidentals depend on the level of federal participation as detailed in CDOT’s Right of Way Manual
(located at http://www.codot.gov/business/manuals/right-of-way); however, the State always
retains oversight responsibilities.
d. The Parties’ respective responsibilities at each level of federal participation in CDOT’s Right of
Way Manual, and the State’s reimbursement of Local Agency costs will be determined pursuant the
following categories:
1) Right of way acquisition (3111) for federal participation and non-participation;
2) Relocation activities, if applicable (3109);
3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of
way – 3114).
v. Utilities
If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company that may become involved in the Work. Prior to the Work being advertised for bids,
Local Agency shall certify in writing to the State that all such clearances have been obtained.
vi. Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, Local Agency shall make timely application to the Public
Utilities Commission (“PUC”) requesting its order providing for the installation of the proposed
improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC’s
order. Local Agency shall also establish contact with the railroad company involved for the purpose of
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 12 of 31
complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects
involving railroad facilities, and:
a. Execute an agreement with the railroad company setting out what work is to be accomplished and
the location(s) thereof, and which costs shall be eligible for federal participation.
b. Obtain the railroad’s detailed estimate of the cost of the Work.
c. Establish future maintenance responsibilities for the proposed installation.
d. Proscribe in the agreement the future use or dispositions of the proposed improvements in the event
of abandonment or elimination of a grade crossing.
e. Establish future repair and/or replacement responsibilities, as between the railroad company and the
Local Agency, in the event of accidental destruction or damage to the installation.
vii. Environmental Obligations
Local Agency shall perform all Work in accordance with the requirements of current federal and State
environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
viii. Maintenance Obligations
Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall
conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and
regulations pertaining to maintaining such improvements. The State and FHWA may make periodic
inspections to verify that such improvements are being adequately maintained.
ix. Monitoring Obligations
Local Agency shall respond in a timely manner to and participate fully with the monitoring activities
described in §7.F.vi.
B. State’s Commitments
i. The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any Work constituting
major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E.
7. PAYMENTS
A. Maximum Amount
Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in
Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the
Agreement Maximum set forth in Exhibit C.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in
Exhibit C.
b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Local Agency and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 13 of 31
of any invoice is not correct, then Local Agency shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables
provided under the Agreement.
e. If a project is funded in part with Federal or State special funding there may be an expiration date
for the funds. The expiration date applies to grants and local funds used to match grants. To receive
payment or credit for the match, Work must be completed or substantially completed, as outlined in
the terms of the grant, prior to the expiration date of the special funding and invoiced in compliance
with the rules outlined in the award of the funding. The acceptance of an invoice shall not constitute
acceptance of any Work performed or deliverables provided under the Agreement.
ii. Interest
Amounts not paid by the State within 45 days after the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest
to be paid and the interest rate.
iii. Payment Disputes
If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Local Agency and may make changes to its
determination based on this review. The calculation, determination, or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
a. The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the
appropriation and continuing availability of Agreement Funds in any subsequent year (as provided
in the Colorado Special Provisions). If federal funds or funds from any other non-State funds
constitute all or some of the Agreement Funds, the State’s obligation to pay Local Agency shall be
contingent upon such non-State funding continuing to be made available for payment. Payments to
be made pursuant to this Agreement shall be made only from Agreement Funds, and the State’s
liability for such payments shall be limited to the amount remaining of such Agreement Funds. If
State, federal or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part,
without incurring further liability. The State shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.C.
b. If the agreement funds are terminated, the State can terminate the contract early. Payment due for
work done to the date of termination will be processed in a manner consistent with §2.C.
v. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Local Agency in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds
received by Local Agency. The State may recover such payments by deduction from subsequent
payments under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Local Agency, or by any other appropriate method for collecting debts
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 14 of 31
owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to
disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period (as defined below in §9.A.).
vi. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Local Agency Funds
Local Agency shall provide their obligated contribution funds as outlined in §7.A. and Exhibit C. Local
Agency shall have raised the full amount of their funds prior to the Effective Date and shall report to the
State regarding the status of such funds upon request. Local Agency’s obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s
treasury. Local Agency represents to the State that the amount designated “Local Agency Funds” in Exhibit
C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid
into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other
authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match
share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit
D if applicable. Local Agency does not by this Agreement irrevocably pledge present cash reserves for
payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of
Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes, or
penalties of any nature, except as required by Local Agency’s laws or policies.
D. Reimbursement of Local Agency Costs
The State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount
described in Exhibit C and §7. However, any costs incurred by Local Agency prior to the Effective Date
shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award
funding is retroactive. The State shall pay Local Agency for costs or expenses incurred or performance by
the Local Agency prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Local
Agency. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance
with the provisions of this Agreement. The applicable principles described in 2 C.F.R. Part 200 shall govern
the State’s obligation to reimburse all costs incurred by Local Agency and submitted to the State for
reimbursement hereunder, and Local Agency shall comply with all such principles. The State shall reimburse
Local Agency for the federal-aid share of properly documented costs related to the Work after review and
approval thereof, subject to the provisions of this Agreement and Exhibit C. Local Agency costs for Work
performed prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs
and indication that the Federal Award funding is retroactive. Local Agency costs for Work performed after
any Performance Period End Date for a respective phase of the Work, is not reimbursable. Allowable costs
shall be:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency
that reduce the cost actually incurred).
E. Unilateral Modification of Agreement Funds Budget by State Option Letter
The State may, at its discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in
the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such
Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub-sections B and C of
the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized
delegate. This is NOT a Notice to Proceed. Modification of Exhibit C by unilateral Option Letter is
permitted only in the specific scenarios listed below. The State will exercise such options by providing Local
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 15 of 31
Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B. Such Option Letters
will be incorporated into this Agreement. This applies to the entire Scope of Work.
i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount
The State may require by Option Letter that Local Agency begin a new Work phase that may include
Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not
include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option
Letters may not modify the other terms and conditions stated in this Agreement and must decrease the
amount budgeted and encumbered for one or more other Work phases so that the total amount of
budgeted Agreement Funds remains the same. The State may also change the funding sources so long
as the amount budgeted remains the same and the Local Agency contribution does not increase. The
State may also issue a unilateral Option Letter to increase and/or decrease the total encumbrance amount
of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains
the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1
(with subsequent exhibits labeled C-2, C-3, etc.).
ii. Option to Transfer Funds from One Phase to Another Phase.
The State may require or permit Local Agency to transfer Agreement Funds from one Work phase
(Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase
as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit
(Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3,
etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another
are subject to the same terms and conditions stated in the original Agreement with the total budgeted
Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a
fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date
of the Work phase, in a form substantially equivalent to Exhibit B.
iii. Option to Exercise Options i and ii.
The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and
transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in
the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled
C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer
of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with
the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option
by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted
start date of the Work phase, in a form substantially equivalent to Exhibit B.
iv. Option to Extend Agreement/Phase Term and/or modify the OMB Uniform Guidance. The State, at its
discretion, shall have the option to extend the term of this Agreement and/or update a Work Phase
Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined
in Exhibit C. Any updated version of Exhibit C shall be attached to any executed Option Letter as
Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). In order to exercise this option, the State
shall provide written notice to the Local Agency in a form substantially equivalent to Exhibit B.
F. Accounting
Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
i. Local Agency Performing the Work
If Local Agency is performing the Work, it shall document all allowable costs, including any approved
Services contributed by Local Agency or subcontractors, using payrolls, time records, invoices,
contracts, vouchers, and other applicable records.
ii. Local Agency-Checks or Draws
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 16 of 31
Checks issued or draws made by Local Agency shall be made or drawn against properly signed vouchers
detailing the purpose thereof. Local Agency shall keep on file all checks, payrolls, invoices, contracts,
vouchers, orders, and other accounting documents in the office of Local Agency, clearly identified,
readily accessible, and to the extent feasible, separate and apart from all other Work documents.
iii. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. Local Agency
shall reimburse the State for the costs of any such services from the budgeted Agreement Funds as
provided for in Exhibit C. If FHWA Agreement Funds are or become unavailable, or if Local Agency
terminates this Agreement prior to the Work being approved by the State or otherwise completed, then
all actual incurred costs of such services and assistance provided by the State shall be reimbursed to the
State by Local Agency at its sole expense.
iv. Local Agency-Invoices
Local Agency’s invoices shall describe in detail the reimbursable costs incurred by Local Agency for
which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and Local
Agency shall not submit more than one invoice per month.
v. Invoicing Within 60 Days
The State shall not be liable to reimburse Local Agency for any costs invoiced more than 60 days after
the date on which the costs were incurred, including costs included in Local Agency’s final invoice. The
State may withhold final payment to Local Agency at the State’s sole discretion until completion of final
audit. Any costs incurred by Local Agency that are not allowable under 2 C.F.R. Part 200 shall be Local
Agency’s responsibility, and the State will deduct such disallowed costs from any payments due to Local
Agency. The State will not reimburse costs for Work performed after the Performance Period End Date
for a respective Work phase. The State will not reimburse costs for Work performed prior to Performance
Period End Date, but for which an invoice is received more than 60 days after the Performance Period
End Date.
vi. Risk Assessment & Monitoring
Pursuant to 2 C.F.R. 200.331(b), – CDOT will evaluate Local Agency’s risk of noncompliance with
federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete
a Risk Assessment Form (Exhibit L) when that may be requested by CDOT. The risk assessment is a
quantitative and/or qualitative determination of the potential for Local Agency’s non-compliance with
the requirements of the Federal Award. The risk assessment will evaluate some or all of the following
factors:
• Experience: Factors associated with the experience and history of the Subrecipient with the same or
similar Federal Awards or grants.
• Monitoring/Audit: Factors associated with the results of the Subrecipient’s previous audits or
monitoring visits, including those performed by the Federal Awarding Agency, when the
Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single
audit, where the specific award being assessed was selected as a major program.
• Operation: Factors associated with the significant aspects of the Subrecipient’s operations, in which
failure could impact the Subrecipient’s ability to perform and account for the contracted goods or
services.
• Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with
financial requirements of the Federal Award.
• Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting
errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable
and timely financial and management information, and ensuring adherence to its policies and plans.
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 17 of 31
• Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the
overall success of the program objectives.
• Program Management: Factors associated with processes to manage critical personnel, approved
written procedures, and knowledge of rules and regulations regarding federal-aid projects.
Following Local Agency’s completion of the Risk Assessment Tool (Exhibit L), CDOT will determine
the level of monitoring it will apply to Local Agency’s performance of the Work. This risk assessment
may be re-evaluated after CDOT begins performing monitoring activities.
G. Close Out
Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. If
SLFRF Funds are used the Local Agency shall close out that portion of the Award within 45 days after the
ARPA Award Expiration Date. Close out requires Local Agency’s submission to the State of all deliverables
defined in this Agreement, and Local Agency’s final reimbursement request or invoice. The State will
withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State
as substantially complete. If FHWA or US Treasury has not closed this Federal Award within one (1) year
and 90 days after the Final Phase Performance End Date due to Local Agency’s failure to submit required
documentation, then Local Agency may be prohibited from applying for new Federal Awards through the
State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §19 or pursuant to any exhibit, for any contract having a term
longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress
made for each specified performance measure and standard in this Agreement. Such progress report shall be
in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than ten (10) Business Days following the end of each calendar quarter or at such time
as otherwise specified by the State. If SLFRF Funds are used the report must be in the format of Exhibit P.
B. Litigation Reporting
If Local Agency is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s principal representative identified in §16.
C. Performance and Final Status
Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar
days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an
Evaluation of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal
or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award.
Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321).
9. LOCAL AGENCY RECORDS
A. Maintenance
Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period
(the “Record Retention Period”) pursuant to the requirements of the funding source and for a minimum of
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 18 of 31
three (3) years following the date of submission to the State of the final expenditure report, whichever is
longer, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly
or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration
of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit
findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal
Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local
Agency in writing that the Record Retention Period shall be extended. For records for real property and
equipment, the Record Retention Period shall extend three (3) years following final disposition of such
property.
B. Inspection
Records during the Record Retention Period. Local Agency shall make Local Agency Records available
during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two (2) Business Days’ notice from the State, unless the State
determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures
as determined by the State. The State shall monitor Local Agency’s performance in a manner that does not
unduly interfere with Local Agency’s performance of the Work. Local Agency shall allow the State to
perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Local Agency.
The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at
any time during the term of this Agreement. The State shall monitor Local Agency’s performance in a
manner that does not unduly interfere with Local Agency’s performance of the Work. If Local Agency enters
into a subcontract with an entity that would also be considered a Subrecipient, then the subcontract entered
into by Local Agency shall contain provisions permitting both Local Agency and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
D. Final Audit Report
Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on
Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
by Local Agency or a third party. Additionally, if Local Agency is required to perform a single audit under
2 CFR 200.501, et seq., then Local Agency shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State
Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the
State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to
disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the
State, use for Local Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit
the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise
stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information
in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable
laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or
demand for State Records to the State’s principal representative. If Local Agency or any of its Subcontractors
will or may receive the following types of data, Local Agency or its Subcontractors shall provide for the
security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information
attached to this Award as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard
from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 19 of 31
the HIPAA Business Associate Agreement attached to this Award, if applicable. Local Agency shall
immediately forward any request or demand for State Records to the State’s principal representative.
B.Other Entity Access and Nondisclosure Agreements
Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary
to perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Local
Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements
with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are
in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon
request.
C.Use, Security, and Retention
Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information wherever located. Local
Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for
purposes of inspecting and monitoring access and use of State Confidential Information and evaluating
security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall
return State Records provided to Local Agency or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or
destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of,
and cease to use, such State Confidential Information.
D.Incident Notice and Remediation
If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns,
or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing, and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E.Safeguarding Personally Identifying Information “PII”
If Local Agency or any of its Subcontracts will or may receive PII under this agreement, Local Agency shall
provide for the security for such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Local Agency shall be a “Third Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq.,
C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the
purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration
enforcement. If Contractor is given direct access to any State databases containing PII, Contractor shall
execute, on behalf of itself and its employees, the certification attached hereto as Exhibit S on an annual
basis Contractor’s duty and obligation to certify as set forth in Exhibit S shall continue as long as Contractor
has direct access to any State databases containing PII. If Contractor uses any Subcontractors to perform
services requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the
Subcontractor has access to State databases containing PII.
11.CONFLICTS OF INTEREST
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 20 of 31
A. Actual Conflicts of Interest
Local Agency shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of
interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
Officers, employees, and agents of Local Agency may neither solicit nor accept gratuities, favors or anything
of monetary value from contractors or parties to subcontracts.
B. Apparent Conflicts of Interest
Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Local Agency’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the
appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting
forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or
to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this
Agreement.
12. INSURANCE
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies with an AM Best
rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements
Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA,
maintains at all times during the terms of this Agreement, such liability insurance, by commercial policy or
self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall
ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all
times during the terms of this Agreement all of the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all Local Agency or Subcontractor employees acting within the course and scope of their
employment.
ii. General Liability
Commercial general liability insurance written on an Insurance Services Office occurrence form,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 21 of 31
d.$50,000 any 1 fire.
iii.Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
iv.Protected Information (this insurance requirement only applies if the Subcontractor has or will have
access to State Confidential Information)
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows:
a.$1,000,000 each occurrence; and
b.$2,000,000 general aggregate.
v.Professional Liability Insurance (this insurance requirement only applies if the Subcontractor is
providing professional services including but not limited to engineering, architectural, landscape
architectural, professional surveying, industrial hygiene services, or any other commonly understood
professional service)
Professional liability insurance covering any damages caused by an error, omission or any negligent act
with minimum limits as follows:
a.$1,000,000 each occurrence; and
b.$1,000,000 general aggregate.
vi.Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a.$1,000,000 each occurrence; and
b.$1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability
Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach
management exposure, and any loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right
to privacy rights through improper use or disclosure of protected consumer data protection law,
confidentiality or other legal protection for personal information, as well as State Confidential
Information with minimum limits as follows:
a.$1,000,000 each occurrence; and
b.$2,000,000 general aggregate.
C.Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Local
Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier
shall provide at least 10 days prior written notice to CDOT.
D.Primacy of Coverage
Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Local Agency or the State.
E.Cancellation
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 22 of 31
All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except
for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency
and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local
Agency’s receipt of such notice.
F.Subrogation Waiver
All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation
to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under
subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers,
agents, employees, and volunteers.
G.Certificates
For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall
provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement
within seven (7) Business Days following the Effective Date. Local Agency shall provide to the State
certificates evidencing Subcontractor insurance coverage required under this Agreement within seven (7)
Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of
the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local Agency’s execution
of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s
coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage.
At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within
seven (7) Business Days following the request by the State, supply to the State evidence satisfactory to the
State of compliance with the provisions of this §12.
13.BREACH
A.Defined
The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part
or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any bankruptcy,
insolvency, reorganization, or similar law, by or against Local Agency, or the appointment of a receiver or
similar officer for Local Agency or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach.
B.Notice and Cure Period
In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice,
the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision
of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and
may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement
in order to protect the public interest of the State.
14.REMEDIES
A.State’s Remedies
If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §13.B, shall have all of the remedies listed in this §14.A. in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i.Termination for Breach
In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any
part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not
terminated, if any.
a.Obligations and Rights
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 23 of 31
To the extent specified in any termination notice, Local Agency shall not incur further obligations
or render further performance past the effective date of such notice and shall terminate outstanding
orders and subcontracts with third parties. However, Local Agency shall complete and deliver to the
State all Work not canceled by the termination notice and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State
all of Local Agency's rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Local Agency shall take timely, reasonable, and necessary action to protect and
preserve property in the possession of Local Agency but in which the State has an interest. At the
State’s request, Local Agency shall return materials owned by the State in Local Agency’s
possession at the time of any termination. Local Agency shall deliver all completed Work Product
and all Work Product that was in the process of completion to the State at the State’s request.
b.Payments
Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Local
Agency was not in breach or that Local Agency's action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the rights and obligations of the Parties
shall be as if this Agreement had been terminated in the public interest under §2.C.
c.Damages and Withholding
Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the
State for any damages sustained by the State in connection with any breach by Local Agency, and
the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages
until such time as the exact amount of damages due to the State from Local Agency is determined.
The State may withhold any amount that may be due Local Agency as the State deems necessary to
protect the State against loss including, without limitation, loss as a result of outstanding liens and
excess costs incurred by the State in procuring from third parties replacement Work as cover.
ii.Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a.Suspend Performance
Suspend Local Agency’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Local Agency to an adjustment in price
or cost or an adjustment in the performance schedule. Local Agency shall promptly cease
performing Work and incurring costs in accordance with the State’s directive, and the State shall
not be liable for costs incurred by Local Agency after the suspension of performance.
b.Withhold Payment
Withhold payment to Local Agency until Local Agency corrects its Work.
c.Deny Payment
Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot
be performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d.Removal
Demand immediate removal from the Work of any of Local Agency’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by
the State to be contrary to the public interest or the State’s best interest.
e.Intellectual Property
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 24 of 31
If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right,
Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or
Local Agency; (b) replace the Work with non infringing Work or modify the Work so that it
becomes non infringing; or, (c) remove any infringing Work and refund the amount paid for such
Work to the State.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency,
following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies
available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Local
Agency for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Contractor
shall submit any alleged breach of this Contract by the State to the Procurement Official of CDOT as
described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, 24-
109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-109-501
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any
decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the executive
director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes
before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this
Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations.
C. Questions of Fact
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department
of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar
days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes
to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal
proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence
in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently
with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of
the Executive Director or his duly authorized representative for the determination of such appeals shall be
final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of
questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall
be construed as making final the decision of any administrative official, representative, or board on a question
of law.
16. NOTICES AND REPRESENTATIVES
Each individual identified below shall be the principal representative of the designating Party. All notices required
or permitted to be given under this Agreement shall be in writing and shall be delivered (i) by hand with receipt
required, (ii) by certified or registered mail to such Party’s principal representative at the address set forth below
or (iii) as an email with read receipt requested to the principal representative at the email address, if any, set forth
below. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party
has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand
with receipt required or by certified or registered mail to such Party’s principal representative at the address set
forth below. Either Party may change its principal representative or principal representative contact information
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 25 of 31
by notice submitted in accordance with this §16 without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
For the State
Colorado Department of Transportation (CDOT)
Armando Ochoa, E/PST II Local Agency Coordinator
CDOT - R4
10601 10th St
Greeley, CO 80634
970-652-1668
armando.ochoa@state.co.us
For the Local Agency
TOWN OF ESTES PARK
Trevor Wittwer, Civil Engineer
170 MacGregor Ave
Estes Park, CO 80517
970-577-3724
twittwer@estes.org
yyyyyyy 17.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A.Work Product
Local Agency hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and
otherwise exploit all intellectual property created by Local Agency or any Subcontractors. Local Agency
assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of
action, either in law or in equity, for past, present, or future infringement of intellectual property rights related
to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or
not Local Agency is under contract with the State at the time, Local Agency shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire.
i.Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered works
made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and
interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating
the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work
Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights
or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency
cannot make any of the assignments required by this section, Local Agency hereby grants to the State a
perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer,
distribute, sell, and create derivative works of the Work Product and all works based upon, derived from,
or incorporating the Work Product by all means and methods and in any format now known or invented
in the future. The State may assign and license its rights under this license.
ii. Patents
In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on
behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make,
have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 26 of 31
and propagate the contents of the Work Product. Such license applies only to those patent claims
licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the
combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
Whether or not the Local Agency is under Agreement with the State at the time, Local Agency shall
execute applications, assignments, and other documents, and shall render all other reasonable assistance
requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual
property rights related to the Work Product. The Parties intend the Work Product to be works made for
hire. Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest
in and to all causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived from, or
incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials,
data, and information shall be the exclusive property of the State (collectively, “State Materials”). Local
Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any
purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written
consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Local Agency
Local Agency retains the exclusive rights, title, and ownership to any and all pre-existing materials owned
or licensed to Local Agency including, but not limited to, all pre-existing software, licensed products,
associated source code, machine code, text images, audio and/or video, and third-party materials, delivered
by Local Agency under this Agreement, whether incorporated in a Deliverable or necessary to use a
Deliverable (collectively, “Local Agency Property”). Local Agency Property shall be licensed to the State as
set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this
Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open
source software, the license terms set forth in the applicable open source license agreement.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the
provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the
State’s risk management statutes, §§24-30-1501, et seq. C.R.S. The following applies through June 30, 2022: no
term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply
with the provisions of §24-106-103, §24-102-206, §24-106-106, §24-106-107 C.R.S. regarding the monitoring
of vendor performance and the reporting of contract performance information in the State’s contract management
system (“Contract Management System” or “CMS”). Local Agency’s performance shall be subject to evaluation
and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
20. GENERAL PROVISIONS
A. Assignment
Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 27 of 31
consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement
B.Subcontracts
Local Agency shall not enter into any subcontract in connection with its obligations under this Agreement
without the prior, written approval of the State. Local Agency shall submit to the State a copy of each such
subcontract upon request by the State. All subcontracts entered into by Local Agency in connection with this
Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.
C.Binding Effect
Except as otherwise provided in §20.A. all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D.Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E.Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F.Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G.Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Contract by reference.
H.Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
I.Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
J.Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than contract amendments, shall conform to the policies promulgated by the Colorado State Controller.
K.Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 28 of 31
L.Order of Precedence
In the event of a conflict or inconsistency between this Agreement and any exhibits or attachment such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
i.The provisions of the other sections of the main body of this Agreement.
ii.Exhibit N, Federal Treasury Provisions.
iii.Exhibit F, Certification for Federal-Aid Contracts.
iv.Exhibit G, Disadvantaged Business Enterprise.
v.Exhibit I, Federal-Aid Contract Provisions for Construction Contracts.
vi.Exhibit J, Additional Federal Requirements.
vii.Exhibit K, Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental
Federal Provisions.
viii.Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form.
ix.Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”).
x.Exhibit O, Agreement with Subrecipient of Federal Recovery Funds.
xi.Exhibit R. Applicable Federal Awards.
xii Colorado Special Provisions in the main body of this Agreement.
xiii.Exhibit A, Scope of Work.
xiv.Exhibit H, Local Agency Procedures for Consultant Services.
xv.Exhibit B, Sample Option Letter.
xvi.Exhibit C, Funding Provisions.
xvii.Exhibit P, SLFRF Subrecipient Quarterly Report.
xviii.Exhibit Q, SLFRF Reporting Modification Form.
xix.Exhibit D, Local Agency Resolution.
xx.Exhibit E, Local Agency Contract Administration Checklist.
xxi.Exhibit S, PII Certification.
xxii.Exhibit T, Checklist of Required Exhibits Dependent on Funding Source.
xxiii.Other exhibits in descending order of their attachment.
M.Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of the Agreement.
N.Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the
Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other
Party.
O.Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §20.C, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not
create any rights for such third parties.
P.Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q.CORA Disclosure
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 29 of 31
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107 C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Local Agency shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Local Agency’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors
secure and maintain at all times during the term of their employment, agency or subcontract, all license,
certifications, permits and other authorizations required to perform their obligations in relation to this
Agreement.
T. Compliance with State and Federal Law, Regulations, and Executive Orders
Local Agency shall comply with all State and Federal law, regulations, executive orders, State and Federal
Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of
this Agreement.
U. Accessibility
i. Local Agency shall comply with and the Work Product provided under this Agreement shall be in
compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability, as established by the Governor’s Office of Information
Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Local Agency shall also comply with
all State of Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii. Each Party agrees to be responsible for its own liability incurred as a result of its participation in and
performance under this Agreement. In the event any claim is litigated, each Party will be responsible for
its own attorneys’ fees, expenses of litigation, or other costs. No provision of this Agreement shall be
deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of liability
provided to either the Local Agency or the State by the Colorado Governmental Immunity Act, C.R.S.
§ 24-10-101, et seq. and Article XI of the Colorado Constitution. Nothing in the Agreement shall be
construed as a waiver of any provision of the State Fiscal Rules.
iii. The State may require Local Agency’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the State to attest to Local Agency’s Work Product and software
is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with
a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
V. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the state imposes such taxes on Local Agency. Local Agency shall be
solely responsible for any exemptions from the collection of excise, sales or use taxes that Local Agency may
wish to have in place in connection with this Agreement.
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to Local Agency and Contract refers to
Agreement.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 30 of 31
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(19), then this
Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S., applicable Local Agency law, rule or regulation.
Financial obligations of the Parties payable after the current State Fiscal Year or fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (ii) provide
proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the Parties to indemnify or hold Contractor harmless; requires
the Parties to agree to binding arbitration; limits Contractor’s liability for damages resulting from death,
bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void
ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S.
Any term included in this Contract that limits Contractor’s liability that is not void under this section shall
apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be
interpreted as being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor
OLA #: 331003318
Routing #: 24-HA4-XC-00036-M0001
LA.IGA.AMR_11.7.22
Document Builder Generated
Page 31 of 31
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate termination of
this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Contractor’s services and Contractor shall not employ any person having such known interests.
22.FEDERAL REQUIREMENTS
Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of
this Agreement strictly adhere to, and comply with, all applicable federal and State laws, and their implementing
regulations, as they currently exist and may hereafter be amended. A summary of applicable federal provisions
are attached hereto as Exhibit F, Exhibit I, Exhibit J, Exhibit K, Exhibit M, Exhibit N and Exhibit O are
hereby incorporated by this reference.
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Local Agency will comply with all requirements of Exhibit G and Exhibit E, Local Agency Contract
Administration Checklist, regarding DBE requirements for the Work, except that if Local Agency desires to use
its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this
Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the
execution of this Agreement. If Local Agency uses any State- approved DBE program for this Agreement, Local
Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and
other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of Local Agency’s DBE program does not waive
or modify the sole responsibility of Local Agency for use of its program.
Exhibit A-1 - Page 1 of 1
EXHIBIT A-1
SCOPE OF WORK
Name of Project: Fall River Trail II
Project Number: MTF M405-027
SubAccount #: 25483
The Colorado Department of Transportation (“CDOT”) will oversee the Town of Estes Park when
the Town completes the Fall River Trail II project. (Hereinafter referred to as “this work”) CDOT
and the Town of Estes Park believe it will be beneficial to perform this work to improve the safety
of pedestrians and cyclists. The Town has completed the necessary preliminary studies to
implement this proposal. All work will conform to the MUTCD.
This work will consist of a multimodal trail construction project. The design phase of this work
is scheduled to begin during federal fiscal year 2024. The design phase will identify more exact
requirements, qualities, and attributes for this work. (Herein after referred to as “the exact work”).
The exact work shall be used to complete the construction phase of the project. The construction
phase of the project is estimated to begin in federal fiscal year 2025 and shall finish as soon as
reasonably possible.
This work will conform to the parameters articulated in the Colorado Department of Transportation
Standard Specifications for Road and Bridge Construction, AASHTO “A Policy on Geometric
Design of Highways and Streets”, AASHTO “Roadside Design Guide”, and the CDOT Project
Development Manual, CDOT M&S Standards, CDOT Design Guide, CDOT Construction
Manual, Manual on Uniform Traffic Control Devices, Highway Capacity Manual, along with all
applicable State and Federal guidelines
If ARPA funds are used all ARPA funds must be encumbered by
December 31, 2024. All work funded by ARPA must be completed by
December 31, 2026 and all bills must be submitted to CDOT for payment
by January 31, 2027. These bills must be paid by CDOT by March 31,
2027.
If this project is funded with Multimodal Transportation & Mitigation
Options Funding (MMOF) these funding expenditures must be invoiced
by June 1st of the year they expire.
EXHIBIT B-1
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design, Construction, Environmental,
Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and
to unilaterally transfer funds from one phase to another phase.
Option to unilaterally extend the term of this Agreement and/or update a Work
Phase Performance Period and/or modify OMB Guidance.
Option A
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to authorize the Local Agency to add a phase and to encumber
funds for the phase based on changes in funding availability and authorization. The
total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to transfer funds based on variance in actual phase costs and
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber
funds for the phase based upon changes in funding availability and authorization;
and 3) to transfer funds from phases based on variance in actual phase costs and
Exhibit B-1 - Page 1 of 2
Exhibit B-1 - Page 2 of 2
original phase estimates. A new Exhibit C-1 is made part of the original Agreement
and replaces Exhibit C.
Option D
In accordance with the terms of the original Agreement between the State of Colorado,
Department of Transportation and the Local Agency, the State hereby exercises the option
extend the term of this Agreement and/or update a Work Phase Performance Period and/or
modify information required under the OMB Uniform Guidance, as outlined in Exhibit
C.This is made part of the original Agreement and replaces the Expiration Date shown on
the Signature and Cover Page. Any updated version of Exhibit C shall be attached to any
executed Option Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.).
The effective date of this option letter is upon approval of the State Controller or delegate.
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By: ___________________________________________
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _________________________________________
ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is
not valid until signed and dated below by the State Controller or delegate. Contractor is not
authorized to begin performance until such time. If the Local Agency begins performing prior
thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for
any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:__________________________________
Fed $ LA $ State $ LA Work
Exhibit C-1 - Page 1 of 3
EXHIBIT C-1 - FUNDING PROVISIONS
TOWN OF ESTES PARK - MTF M405-027 (25483) A.Cost of Work EstimateThe Local Agency has estimated the total cost of the Work to be $4,793,076.00, whichis to be funded as follows:1.FUNDINGa.Federal Funds(80% of TAP Award) $2,300,000.00 b.Local Agency Funds(20% of TAP Award) $575,000.00
c.State Funds(75% of MMO Award) $1,438,557.00 d.Local Agency Funds(25% of MMO Award) $479,519.00
____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $4,793,076.00 ______________________________________________________________________ 2.OMB UNIFORM GUIDANCE
a.Federal Award
Identification Number (FAIN): TBD
b.Name of Federal Awarding Agency:FHWA
c.Local Agency Unique Entity Identifier KNMKSMB6JNW5
d.Assistance Listing #
Highway Planning and Construction ALN 20.205
e.Is the Award for R&D? No
f.Indirect Cost Rate (if applicable) N/A
g.Amount of Federal Funds Obligated by this Action: $0.00
h.Amount of Federal Funds
Obligated to Date (including this Action): $0.00 ______________________________________________________________________ 3. ESTIMATED PAYMENT TO LOCAL AGENCYa. Federal Funds Budgeted $2,300,000.00
b. State Funds Budgeted $1,438,557.00
c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
______________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 78% $3,738,557.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 22% $1,054,519.00
TOTAL PROJECT ESTIMATED FUNDING 100.00% $4,793,076.00 ______________________________________________________________________ 4.FOR CDOT ENCUMBRANCE PURPOSESTAP Fundsa.Total Encumbrance Amount(Federal funds + Local Agency funds) $2,875,000.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 MMO Fundsa.Total Encumbrance Amount(Only State funds are encumbered) $1,438,557.00
Exhibit C-1 - Page 2 of 3
b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
______________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $4,313,557.00 ______________________________________________________________________
Note: No funds are currently available. Design and Construction funds will become
available after execution of an Option letter (Exhibit B) or formal Amendment. ______________________________________________________________________ TAP Funds Design 3020 WBS Element 25483.10.30 Performance Period Start*/End Date $0.00 TBD-TBD Const. 3301 WBS Element 25483.20.10 Performance Period Start*/End Date $0.00 TBD-TBD MMO Funds Design 3020 WBS Element 25483.10.30 Performance Period Start**/End Date $0.00 N/A-N/A Const. 3301 WBS Element 25483.20.10 Performance Period Start**/End Date $0.00 N/A-N/A
______________________________________________________________________
*The Local Agency should not begin work until all three (3) of the following are in place:
1) Phase Performance Period Start Date; 2) the execution of the document encumbering
funds for the respective phase; and 3) Local Agency receipt of the official Notice to
Proceed. Any work performed before these three (3) milestones are achieved will not be
reimbursable.
**The Local Agency should not begin work until both of the following are in place: 1) the
execution of the document encumbering funds for the respective phase; and 2) Local
Agency receipt of the official Notice to Proceed. Any work performed before these two (2)
milestones are achieved will not be reimbursable.
B.Funding Ratios
The funding ratio for the federal & State funds for this Work is 78% federal & State funds
to 22% Local Agency funds, and this ratio applies only to the $4,793,076.00 that is eligible
for federal & State funding. All other costs are borne by the Local Agency at 100%. If the
total cost of performance of the Work exceeds $4,793,076.00, and additional federal &
State funds are not available, the Local Agency shall pay all such excess costs. If the
total cost of performance of the Work is less than $4,793,076.00, then the amounts of
Local Agency and federal & State funds will be decreased in accordance with the funding
ratio described in A1. This applies to the entire scope of Work.
C.Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be
$3,738,557.00. For CDOT accounting purposes, the federal funds of $2,300,000.00,
State funds of $1,438,557.00 and the Local Agency funds of $575,000.00 will be
encumbered, but the Local Agency funds of $479,519.00 will NOT be encumbered for a
total encumbrance of $4,313,557.00. The total budget of this project is $4,793,076.00,
unless this amount is increased by an executed amendment before any increased cost
is incurred. The total cost of the Work is the best estimate available, based on the design
data as approved at the time of execution of this Agreement, and that any cost is subject
to revisions agreed to by the parties prior to bid and award. This applies to the entire
scope of Work.
Exhibit C-1 - Page 3 of 3
D.Single Audit Act Amendment
All state and local government and non-profit organizations receiving $750,000 or more
from all funding sources defined as federal financial assistance for Single Audit Act
Amendment purposes shall comply with the audit requirements of 2 CFR part 200,
subpart F (Audit Requirements) see also, 49 CFR 18.20 through 18.26. The Single Audit
Act Amendment requirements applicable to the Local Agency receiving federal funds
are as follows:
i.Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal
sources, not just Highway funds) in its fiscal year then this requirement does
not apply.
ii.Expenditure of $750,000 or more-Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only
received federal Highway funds (Catalog of Federal Domestic Assistance,
CFDA 20.205) then a program specific audit shall be performed. This audit will
examine the “financial” procedures and processes for this program area.
iii.Expenditure of $750,000 or more-Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the
Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single
Audit Act applies, which is an audit on the entire organization/entity.
iv.Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor
on staff. An audit is an allowable direct or indirect cost.
Exhibit D-1 - Page 1 of 1
EXHIBIT D-1
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
COLORADO DEPARTMENT OF TRANSPORTATION LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No. STIP No. Project Code Region
Project Location Date
Project Description
Local Agency Local Agency Project Manager
CDOT Resident Engineer CDOT Project Manager
This checklist shall be used to establish the contractual administrative responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency Agreement. Section numbers (NO.) correspond to the applicable
chapters of the CDOT Local Agency Desk Reference (Local Agency Manual). LAWR numbers correspond to the applicable
flowchart in the Local Agency Web Resource.
The checklist shall be prepared by placing an X under the responsible party, opposite each of the tasks. The X denotes the party
responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the
Local Agency is responsible for a task, not applicable (NA) shall be noted. In addition, # will denote that CDOT must concur or
approve.
Tasks that will be performed by Headquarters staff are indicated with an X in the CDOT column under Responsible Party. The
Regions, in accordance with established policies and procedures, will determine who will perform all other tasks that are the
responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in
LA
WR NO. DESCRIPTION OF TASK
2.1 Review Project to ensure it is consistent with Statewide Plan and amendments thereto
4.1 Authorize funding by phases (Requires FHWA concurrence/involvement if Federal-
aid Highway funded project.). Please write in "NA", if Not Applicable. x
1 5.1 Prepare Design Data - CDOT Form 463
5.2 Determine Delivery Method
5.3 Prepare Local Agency/CDOT Inter-Governmental Agreement (see also Chapter 3)
2 5.4 Conduct Consultant Selection/Execute Consultant Agreement
•Project Development
•
Conduct Public Involvement (If applicable)
Exhibit E-1
Local Agency Contract Administration Checklist
Exhibit E-1 - Page 1 of 5
LA
WR NO. DESCRIPTION OF TASK PARTY
3 5.7 Conduct Field Inspection Review (FIR)
4 5.8 Conduct Environmental Processes (may require FHWA concurrence/involvement)
5 5.9 Acquire Right-of-Way (may require FHWA concurrence/involvement)
3 5.10 Obtain Utility and Railroad Agreements
3 5.11 Conduct Final Office Review (FOR)
3A 5.12 Justify Force Account Work by the Local Agency
3B 5.13 Justify Proprietary, Sole Source, or Local Agency Furnished Items
3 5.14 Document Design Exceptions - CDOT Form 464
5.15 Seek Permission for use of Guaranty and Warranty Clauses
3 5.18 Prepare Plans, Specifications, Construction Cost Estimates and Submittals
5.19 Comply with Requirements for Off-and On-System Bridges & Other Structural Work
5.20 Update Approvals on PS&E Package if Project Schedule Delayed
5.21 Ensure Authorization of Funds for Construction
5.22 Use Electronic Signatures
5.23 File Project Development Records/Documentation in ProjectWise
3 6.1 Set Disadvantaged Business Enterprise (DBE) Goals for Consultant and Construction
Contracts (CDOT Region Civil Rights Office).
x
6.2 Determine Applicability of Davis-Bacon Act
This project ☐ is ☐ is not exempt from Davis-Bacon requirements as determined
by the functional classification of the project location (Projects located on local roads
and rural minor collectors may be exempt.)
x
"NA", if Not Applicable x
☐☐
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included
ADVERTISE, BID AND AWARD of CONSTRUCTION PROJECTS
Federal Project (use 7.1 series in Chapter 7) ☐ Non-Federal Project (Use 7.2 series in Chapter 7) ☐
Please write in "NA", if Not Applicable) x
Evaluate CDOT Form 1416 - Good Faith Effort Report and determine if the Contractor
has made a good faith effort when the low bidder does not meet DBE goals. "NA", if Not Applicable.
x
Submit required documentation for CDOT award concurrence
Concurrence from CDOT to Award
Approve Rejection of Low Bidder
7,8 Award Contract (federal)
Exhibit E-1 - Page 2 of 5
LA
WR NO. DESCRIPTION OF TASK PARTY
8 Provide “Award” and “Record” Sets of Plans and Specifications (federal)
CONSTRUCTION MANAGEMENT
8 Intro File Project Construction Records/Documentation in ProjectWise or as directed x
8 8.1 Issue Notice to Proceed to the Contractor
8 8.2 Project Safety
8 8.3 Conduct Conferences:
Pre-construction Conference (Appendix B)
•Fabrication Inspection Notifications
Pre-survey
•Construction staking
•Monumentation
Partnering (Optional)
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) (If applicable)
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) (If applicable)
HMA Pre-Paving (Agenda is in CDOT Construction Manual) (If applicable)
8 8.4 Develop and distribute Public Notice of Planned Construction to media and local
residents
9 8.5 Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be “in responsible
charge of construction supervision.”
_____________________________________________ _________________
or CDOT Resident Engineer
Fabrication Inspection and documentation (If applicable)
9 8.6 Review and Approve Shop Drawings
9 8.7 Perform Traffic Control Inspections
9 8.8 Perform Construction Surveying
9 8.9 Monument Right-of-Way
9,9A 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates. Collect and
review CDOT Form 1418 (or equivalent) or use compliance software system.
Provide the name and phone number of the person authorized for this task.
_____________________________________________ ____________________
Local Agency Representative Phone number
xx
x
Provide the name and phone number of the person responsible for this task.
_____________________________________________ ____________________
x
x
Exhibit E-1 - Page 3 of 5
LA
WR NO. DESCRIPTION OF TASK PARTY
9,9C 9.1 Discuss Materials at Pre-Construction Meeting
•Buy America documentation required prior to installation of steel
9,9C 9.2 Complete CDOT Form 250 - Materials Documentation Record
•Generate form, which includes determining the minimum number of required tests
and applicable material submittals for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
9C 9.3 Perform Project Acceptance Samples and Tests
9C 9.4 Perform Laboratory Acceptance Tests
9C 9.6 Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
9C 9.6 Approve Sources of Materials
9C 9.7 Independent Assurance Testing (IAT)
Local Agency Procedures ☐ CDOT Procedures ☐
•Generate IAT schedule
•Schedule and provide notification
•
•Concrete
•
CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
Application Approval Request. Review & sign completed forms, or review/approve in
compliance software system, as applicable, & submit to Region Civil Rights Office.
•Complete CDOT Form 1337 – Contractor Commitment to Meet OJT
Requirements.
•Complete CDOT Form 838 – OJT Trainee / Apprentice Record.
•
x
FINALS
x
Exhibit E-1 - Page 4 of 5
LA
WK NO. DESCRIPTION OF TASK
RESPONSIBLE
PARTY
11 11.7 Check Material Documentation and Accept Final Material Certification (See Chapter 9)
11.8 Review CDOT Form 1419
11.9 Submit CDOT Professional Services Closeout Report Form
11.10 Complete and Submit CDOT Form 1212 LA – Final Acceptance Report (by CDOT)
11 11.11 Process Final Payment
11.12 Close out Local Project
11.13 Complete and Submit CDOT Form 950 - Project Closure
11 11.14 Retain Project Records
11 11.15 Retain Final Version of Local Agency Contract Administration Checklist
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region Civil Rights Office
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
Exhibit E-1 - Page 5 of 5
Exhibit F - Page 1 of 1
EXHIBIT F
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best of its
knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any Federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any
Federal contract, Agreement, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer of Congress,
or an employee of a Member of Congress in connection with this Federal contract,
Agreement, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal
that he or she shall require that the language of this certification be included in
all lower tier subcontracts, which exceed $100,000 and that all such sub-
recipients shall certify and disclose accordingly.
Exhibit G- Page 1 of 1
EXHIBIT G
DISADVANTAGED BUSINESS ENTERPRISES
SECTION 1. Policy
It is the policy of the Colorado Department of Transportation (CDOT) that Disadvantaged
Business Enterprises (DBEs) shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this
agreement, pursuant to 49 CFR Part 26. Accordingly, CDOT’s federally approved DBE
Program Plan shall apply to this agreement.
SECTION 2. Subrecipient and Participant Obligation.
The Local Agency and its subrecipients agrees to ensure that DBEs certified through the
Colorado Unified Certification Program have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part with Federal
funds provided under this agreement.
All participants on contracts and subcontracts financed in whole or in part with Federal
funds provided under this Agreement shall take all necessary and reasonable steps in
accordance with the CDOT’s federally approved DBE Program Plan to ensure that DBEs
have the maximum opportunity to compete for and perform contracts.
Local Agency subrecipients and their contractors shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of CDOT and federally
assisted contracts.
SECTION 3. DBE Program.
The Local Agency subrecipient shall be responsible for complying with CDOT’s FHWA-
approved DBE Program Plan.
Local Agency requirements can be found at:
https://www.codot.gov/business/civilrights
Exhibit H - Page 1 of 3
EXHIBIT H
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded
Local Agency project agreement administered by CDOT that involves
professional consultant services. 23 CFR 172.1 states “The policies and
procedures involve federally funded contracts for engineering and design
related services for projects subject to the provisions of 23 U.S.C. 112(a) and
are issued to ensure that a qualified consultant is obtained through an equitable
selection process, that prescribed work is properly accomplished in a timely
manner, and at fair and reasonable cost” and according to 23 CFR 172.5 “Price
shall not be used as a factor in the analysis and selection phase.” Therefore,
local agencies must comply with these CFR requirements when obtaining
professional consultant services under a federally funded consultant contract
administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and
the related operations guidebook titled "Obtaining Professional Consultant
Services". This directive and guidebook incorporate requirements from both
Federal and State regulations, i.e., 23 CFR 172 and CRS §24-30-1401 et seq.
Copies of the directive and the guidebook may be obtained upon request from
CDOT's Agreements and Consultant Management Unit. [Local agencies should
have their own written procedures on file for each method of procurement that
addresses the items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the
guidebook are quite lengthy, the subsequent steps serve as a short-hand guide
to CDOT procedures that a Local Agency must follow in obtaining professional
consultant services. This guidance follows the format of 23 CFR 172. The steps
are:
1.The contracting Local Agency shall document the need for obtaining
professional services.
2.Prior to solicitation for consultant services, the contracting Local
Agency shall develop a detailed scope of work and a list of evaluation
factors and their relative importance. The evaluation factors are those
identified in C.R.S. 24-30-1403. Also, a detailed cost estimate should be
prepared for use during negotiations.
3.The contracting agency must advertise for contracts in conformity with
the requirements of C.R.S. 24-30- 1405. The public notice period, when
such notice is required, is a minimum of 15 days prior to the selection of
the three most qualified firms and the advertising should be done in one
or more daily newspapers of general circulation.
4.The Local Agency shall not advertise any federal aid contract without
prior review by the CDOT Regional Civil Rights Office (RCRO) to
determine whether the contract shall be subject to a DBE contract goal. If
Exhibit H - Page 2 of 3
the RCRO determines a goal is necessary, then the Local Agency shall
include the goal and the applicable provisions within the advertisement.
The Local Agency shall not award a contract to any Contractor or
Consultant without the confirmation by the CDOT Civil Rights and
Business Resource Center that the Contractor or Consultant has
demonstrated good faith efforts. The Local Agency shall work with the
CDOT RCRO to ensure compliance with the established terms during the
performance of the contract.
5.The Local Agency shall require that all contractors pay subcontractors
for satisfactory performance of work no later than 30 days after the receipt
of payment for that work from the contractor. For construction projects, this
time period shall be reduced to seven days in accordance with Colorado
Revised Statute 24-91-103(2). If the Local Agency withholds retainage
from contractors and/or allows contractors to withhold retainage from
subcontractors, such retainage provisions must comply with 49 CFR
26.29.
6.Payments to all Subconsultants shall be made within thirty days of
receipt of payment from [the Local Agency] or no later than ninety days
from the date of the submission of a complete invoice from the
Subconsultant, whichever occurs first. If the Consultant has good cause to
dispute an amount invoiced by a Subconsultant, the Consultant shall notify
[the Local Agency] no later than the required date for payment. Such
notification shall include the amount disputed and justification for the
withholding. The Consultant shall maintain records of payment that show
amounts paid to all Subconsultants. Good cause does not include the
Consultant’s failure to submit an invoice to the Local Agency or to deposit
payments made.
7.The analysis and selection of the consultants shall be done in accordance
with CRS §24-30-1403. This section of the regulation identifies the criteria
to be used in the evaluation of CDOT pre-qualified prime consultants and
their team. It also shows which criteria are used to short-list and to make a
final selection.
The short-list is based on the following evaluation factors:
a.Qualifications,
b.Approach to the Work,
c.Ability to furnish professional services.
d.Anticipated design concepts, and
e.Alternative methods of approach for furnishing the professional
services.
Evaluation factors for final selection are the consultant's:
a.Abilities of their personnel,
Exhibit H - Page 3 of 3
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
8. Once a consultant is selected, the Local Agency enters into negotiations
with the consultant to obtain a fair and reasonable price for the anticipated
work. Pre-negotiation audits are prepared for contracts expected to be
greater than $50,000. Federal reimbursements for costs are limited to
those costs allowable under the cost principles of 48 CFR 31. Fixed fees
(profit) are determined with consideration given to size, complexity,
duration, and degree of risk involved in the work. Profit is in the range of
six to 15 percent of the total direct and indirect costs.
9. A qualified Local Agency employee shall be responsible and in charge
of the Work to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of the
contract. At the end of Work, the Local Agency prepares a performance
evaluation (a CDOT form is available) on the consultant.
CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND
P.D. 400.1, PROVIDE ADDITIONAL DETAILS FOR COMPLYING
WITH THE PRECEEDING EIGHT (8) STEPS.
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
Exhibit I- Page 1 of 14
EXHIBIT I
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2.EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4.Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c.The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
Exhibit I- Page 2 of 14
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6.Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c.The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c.The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b.The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c.The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
Exhibit I- Page 3 of 14
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a.Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b.Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
Exhibit I- Page 4 of 14
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c.Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d.Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e.Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f.Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a.Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b.Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
Exhibit I- Page 5 of 14
2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1)A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3)A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4)A contractor's assignee(s);
(5)A contractor's successor(s); or
(6)A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a.Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
(2)Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(3)Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
(4)Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b.Certified payroll requirements (1) Frequency and method
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(2)Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3)Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(i)That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(ii)That each laborer or mechanic (including each helper
and apprentice) working on the contract during the payroll
period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii)That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
(4)Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
Exhibit I- Page 6 of 14
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent
must be an original handwritten signature or a legally valid
electronic signature.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
(2) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
Exhibit I- Page 7 of 14
the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
Exhibit I- Page 8 of 14
mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
Exhibit I- Page 9 of 14
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
Exhibit I- Page 10 of 14
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
Exhibit I- Page 11 of 14
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
* * * * *
3.Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
Exhibit I- Page 12 of 14
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1)is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2)is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(3)is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
Exhibit I- Page 13 of 14
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Exhibit I- Page 14 of 14
Exhibit J - Page 1 of 11
EXHIBIT J
ADDITIONAL FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded
in excess of $10,000 by the Local Agencies and their contractors or the Local Agencies).
Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or
repair).
Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the
Local Agencies and the Local Agencies when required by Federal Agreement program
legislation. This act requires that all laborers and mechanics employed by contractors or
sub-contractors to work on construction projects financed by federal assistance must be paid
wages not less than those established for the locality of the project by the Secretary of
Labor).
Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by the Local Agency’s in excess of $2,000, and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers).
Clean Air Act
Standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
sub-Agreements of amounts more than $100,000).
Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Pub. L. 94-163).
OMB Circulars
Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person
or organization involved in the administration of federally assisted programs.
Nondiscrimination
The Local Agency shall not exclude from participation in, deny the benefits of, or subject
to discrimination any person in the United States on the ground of race, color national origin,
sex, age or disability. Prior to the receipt of any Federal financial assistance from CDOT, the
Local Agency shall execute the attached Standard DOT Title VI assurance. As appropriate,
the Local Agency shall include Appendix A, B, or C to the Standard DOT Title VI assurance
Exhibit J - Page 2 of 11
in any contract utilizing federal funds, land, or other aid. The Local Agency shall also include
the following in all contract advertisements:
The [Local Agency], in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure
that any contract entered into pursuant to this advertisement, DBEs will be
afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for any award.
ADA
In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall
require the federal- aid recipient or contractor to provide a statement of written assurance
that they will comply with Section 504 and not discriminate on the basis of disability.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91- 646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the
contractor is acquiring real property and displacing households or businesses in the
performance of the Agreement).
Drug-Free Workplace Act The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45
C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended,
and implementing regulation 45 C.F.R. Part 84.
23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts".
23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973.
The requirements for which are shown in the Nondiscrimination Provisions, which are
attached hereto and made a part hereof.
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of
the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees, and
successors in interest, agree as follows:
i.Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to
as the "Regulations"), which are herein incorporated by reference and made a part of
this Agreement.
ii.Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to
Exhibit J - Page 3 of 11
completion of the contract work, will not discriminate on the ground of race, color,
sex, mental or physical handicap or national origin in the selection and retention of
Subcontractors, including procurement of materials and leases of equipment. The
Contractor will not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix C of the Regulations.
iii.Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor
for work to be performed under a subcontract, including procurement of materials or
equipment, each potential Subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or
national origin.
iv.Information and Reports
The Contractor will provide all information and reports required by the Regulations,
or orders and instructions issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined
by the State or the FHWA to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of the
Contractor is in the exclusive possession of another who fails or refuses to furnish
this information, the Contractor shall so certify to the State, or the FHWA as
appropriate and shall set forth what efforts have been made to obtain the information.
v.Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions
of this Agreement, the State shall impose such contract sanctions as it or the FHWA
may determine to be appropriate, including, but not limited to: a. Withholding of
payments to the Contractor under the contract until the Contractor complies, and/or
b.Cancellation, termination or suspension of the contract, in whole or in part.
Incorporation of Provisions §22
The Contractor will include the provisions of this Exhibit J in every subcontract, including
procurement of materials and leases of equipment, unless exempt by the Regulations, orders,
or instructions issued pursuant thereto. The Contractor will take such action with respect to
any subcontract or procurement as the State or the FHWA may direct as a means of enforcing
such provisions including sanctions for noncompliance; provided, however, that, in the event
the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or
supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the
FHWA to enter into such litigation to protect the interests of the United States.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit J - Page 4 of 11
SAMPLE
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances for Local Agencies
DOT Order No. 1050.2A
The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving
any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department
of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and
Federal Aviation Administration (FAA), is subject to and will comply with the following:
Statutory/Regulatory Authorities
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin);
•49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of
Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
•28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA,
or FAA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other
Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and
requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally
assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs:
1.The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of
49 C.F.R. § 21 will be (with regard to an "activity") facilitated or will be (with regard to a "facility") operated or
will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to
the Acts and the Regulations.
2.The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work,
or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
3."The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full and fair opportunity
Exhibit J - Page 5 of 11
4. to submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award."
5. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement
subject to the Acts and the Regulations.
6. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Recipient.
7. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,
the Assurance will extend to the entire facility and facilities operated in connection therewith.
8. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real
property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
property.
9. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a
covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered
into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project,
or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved
under the applicable activity, project, or program.
10. That this Assurance obligates the Recipient for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is in the form of,
personal property, or real property, or interest therein, or structures or improvements thereon, in which case
the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
11. The Recipient will provide for such methods of administration for the program as are found by the Secretary
of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee
that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
12. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also
recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted
by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review
Exhibit J - Page 6 of 11
upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed
in program guidance.
[Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts,
agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date
hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE
is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded
programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.
(Name of Recipient)
by
(Signature of Authorized Official)
DATED
Exhibit J - Page 7 of 11
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, FHWA, as they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the [Local Agency], CDOT or FHWA to be
pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and will
set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination
provisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWA
may determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Exhibit J - Page 8 of 11
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or
improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the
[Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of
Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and
the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local
Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit
A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject,
however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in
effect for the period during which the real property or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding
on the [Local Agency] its successors and assigns.
The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and
agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,]
[and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and
Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions,
the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land
and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation
and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear
the purpose of Title VI.)
Exhibit J - Page 9 of 11
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the
[Local Agency] pursuant to the provisions of Assurance 7(a):
A.The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the
case of deeds and leases add "as a covenant running with the land"] that:
1.In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,
license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or
program is extended or for another purpose involving the provision of similar services or benefits, the (grantee,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds
of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B.With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination
covenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter,
and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never
been made or issued. *
C.With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency]
will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities
will there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
Exhibit J - Page 10 of 11
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by
[Local Agency] pursuant to the provisions of Assurance 7(b):
A.The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the
case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under
such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will
be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed
by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B.With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination
covenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued. *
C.With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency]
will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and its
assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
Exhibit J - Page 11 of 11
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations
at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low- Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
Exhibit K - Page 1 of 6
EXHIBIT K
FFATA SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA),
As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions
are attached has been funded, in whole or in part, with an Award of Federal
funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any attachments or exhibits
incorporated into and made a part of the contract, the provisions of these
Supplemental Provisions shall control.
1.Definitions. For the purposes of these Supplemental Provisions, the
following terms shall have the meanings ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-
Federal Entity receives or administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative
research and development agreements (CRDA) pursuant to
the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the
expenditure of Federal funds by non- Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in
lieu of money; even if the award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery
funds, as defined in section 1512 of the American
Recovery and Reinvestment Act (ARRA) of 2009 (Public
Law 111-5).
1.2. “Contract” means the contract to which these Supplemental
Exhibit K - Page 2 of 6
Provisions are attached and includes all Award types in §1.1.1 through
1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in
whole or in part, with Federal financial assistance, other than the Prime
Recipient, and includes grantees, subgrantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor
does not include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the
nine-digit number established and assigned by Dun and Bradstreet,
Inc. to uniquely identify a business entity. Dun and Bradstreet’s
website may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or
Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.6. “Executive” means an officer, managing partner or any other employee in a
management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award
number assigned by a Federal agency to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109- 282), as amended by §6202
of Public Law 110-252. FFATA, as amended, also is referred to as the
“Transparency Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher
education that receives an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime
Recipient of Award funds awards all or a portion of such funds to a
Subrecipient, in exchange for the Subrecipient’s support in the
performance of all or any portion of the substantive project or program
for which the Award was granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency
under an Award or Subaward to a non- Federal Entity) receiving
Federal funds through a Prime Recipient to support the performance of
the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance
requirements. The term “Subrecipient” includes and may be referred to
as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient
Exhibit K - Page 3 of 6
parent organization’s 9-digit Data Universal Numbering System
(DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders subject to the
Federal Funding Accountability and Transparency Act of 2006, As
Amended, as may be revised pursuant to ongoing guidance from the
relevant Federal or State of Colorado agency or institution of higher
education.
1.14. “System for Award Management (SAM)” means the Federal
repository into which an Entity must enter the information required
under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value
earned by an Executive during the Prime Recipient’s or Subrecipient’s
preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation
rights, using the dollar amount recognized for financial
statement reporting purposes with respect to the fiscal year
in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2005) (FAS 123R), Shared
Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not
including group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried
employees;
1.15.4. Change in present value of defined benefit and actuarial pension
plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value
of life insurance paid on behalf of the employee, perquisites
or property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282), as amended by §6202
of Public Law 110-252. The Transparency Act also is referred to as
FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller
providing property or services required for a project or program funded
by an Award. A Vendor is not a Prime Recipient or a Subrecipient and
is not subject to the terms and conditions of the Federal award.
Program compliance requirements do not pass through to a Vendor.
Exhibit K - Page 4 of 6
2.Compliance. Contractor shall comply with all applicable provisions of the
Transparency Act and the regulations issued pursuant thereto, including but
not limited to these Supplemental Provisions. Any revisions to such
provisions or regulations shall automatically become a part of these
Supplemental Provisions, without the necessity of either party executing any
further instrument. The State of Colorado may provide written notification
to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3.System for Award Management (SAM) and Data Universal Numbering System
(DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in
SAM until the Contractor submits the final financial report required
under the Award or receives final payment, whichever is later.
Contractor shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes
in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime
Recipient, and shall update Contractor’s information in Dun &
Bradstreet, Inc. at least annually after the initial registration, and more
frequently if required by changes in Contractor’s information.
4.Total Compensation. Contractor shall include Total Compensation in SAM
for each of its five most highly compensated Executives for the preceding
fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more;
and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal
financial assistance Awards or Subawards subject to the
Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal
financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation
of such Executives through periodic reports filed under section 13(a)
or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d) or § 6104 of the Internal Revenue Code of 1986.
5.Reporting. Contractor shall report data elements to SAM and to the Prime
Recipient as required in §7 below if Contractor is a Subrecipient for the
Award pursuant to the Transparency Act. No direct payment shall be made
to Contractor for providing any reports required under these Supplemental
Exhibit K - Page 5 of 6
Provisions and the cost of producing such reports shall be included in the
Contract price. The reporting requirements in §7 below are based on
guidance from the US Office of Management and Budget (OMB), and as such
are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of
Contractor’s obligations under this Contract, as provided in §2 above. The
Colorado Office of the State Controller will provide summaries of revised
OMB reporting requirements at
http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6.Effective Date and Dollar Threshold for Reporting. The effective date of
these Supplemental Provisions apply to new Awards as of October 1, 2010.
Reporting requirements in §7 below apply to new Awards as of October 1,
2010, if the initial award is $25,000 or more. If the initial Award is below
$25,000 but subsequent Award modifications result in a total Award of
$25,000 or more, the Award is subject to the reporting requirements as of the
date the Award exceeds $25,000. If the initial Award is $25,000 or more, but
funding is subsequently de- obligated such that the total award amount falls
below $25,000, the Award shall continue to be subject to the reporting
requirements.
7.Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor
shall report as set forth below.
7.1 To SAM. A Subrecipient shall register in SAM and report the
following data elements in SAM for each Federal Award
Identification Number no later than the end of the month following the
month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds
transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City,
State, Country, Zip + 4, and Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives
if the criteria in §4 above are met; and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly
compensated Executives if criteria in
§4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime
Recipient, upon the effective date of the Contract, the following
dataelements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including:
Street Address, City, State, Country, Zip code + 4, and
Exhibit K - Page 6 of 6
Congressional District.
8.Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who
receives an Award as a natural person, unrelated to any business or
non-profit organization he or she may own or operate in his or her
name.
8.2 A Contractor with gross income from all sources of less than $300,000
in the previous tax year is exempt from the requirements to report
Subawards and the Total Compensation of its most highly
compensated Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant,
cooperative agreement, or other arrangement as defined in Section 1.1
of these Special Provisions. On future dates “Award” may include
other items to be specified by OMB in policy memoranda available at
the OMB Web site; Award also will include other types of Awards
subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall
constitute an event of default under the Contract and the State of Colorado may
terminate the Contract upon 30 days prior written notice if the default remains
uncured five calendar days following the termination of the 30 day notice
period. This remedy will be in addition to any other remedy available to the
State of Colorado under the Contract, at law or in equity.
Exhibit L - Page 1 of 3
EXHIBIT L
SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT
Exhibit L - Page 2 of 3
Exhibit L - Page 3 of 3
Exhibit M - Page 1 of 6
EXHIBIT M
OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
Subject to
The Office of Management and Budget Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”), Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance Supplemental Provisions are attached
has been funded, in whole or in part, with an award of Federal funds. In the event of a
conflict between the provisions of these Supplemental Provisions, the Special Provisions,
the agreement or any attachments or exhibits incorporated into and made a part of the
agreement, the provisions of these Uniform Guidance Supplemental Provisions shall
control. In the event of a conflict between the provisions of these Supplemental Provisions
and the FFATA Supplemental Provisions, the FFATA Supplemental Provisions shall
control.
1.Definitions. For the purposes of these Supplemental Provisions, the following termsshall have the meanings ascribed to them below.
1.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. 2 CFR §200.38
1.2. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
1.3.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. 2CFR §200.37
1.4. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252.
1.5. “Grant” or “Grant Agreement” means an agreement setting forth the terms and conditions of an Award. The term does not include an agreement that provides only direct Federal cash assistance to an individual, a subsidy, a loan, a loan guarantee, insurance, or acquires property or services for the direct benefit of use of the Federal Awarding Agency or Recipient. 2 CFR§200.51.
1.6. “OMB” means the Executive Office of the President, Office of Management and Budget.
1.7. “Recipient” means a Colorado State department, agency or institution of higher education that receives a Federal Award from a Federal Awarding Agency to carry out an activity under a Federal program. The term does not include Subrecipients. 2 CFR §200.86
1.8. “State” means the State of Colorado, acting by and through its departments, agencies and institutions of higher education.
Exhibit M - Page 2 of 6
1.9. “Subrecipient” means a non-Federal entity receiving an Award from a Recipient to carry out part of a Federal program. The term does not include an individual who is a beneficiary of such program.
1.10. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
1.11. “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from relevant Federal agencies or the Colorado State Controller.
2.Compliance. Subrecipient shall comply with all applicable provisions of the UniformGuidance, including but not limited to these Uniform Guidance SupplementalProvisions. Any revisions to such provisions automatically shall become a part of theseSupplemental Provisions, without the necessity of either party executing any furtherinstrument. The State of Colorado may provide written notification to Subrecipient ofsuch revisions, but such notice shall not be a condition precedent to the effectivenessof such revisions.
3.Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall use its own documentedprocurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation,
§§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
4.Access to Records. Subrecipient shall permit Recipient and auditors to have access toSubrecipient’s records and financial statements as necessary for Recipient to meet therequirements of §200.331 (Requirements for pass through entities), §§200.300(Statutory and national policy requirements) through 200.309 (Period of performance),and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5).
5.Single Audit Requirements. If Subrecipient expends $750,000 or more in FederalAwards during Subrecipient’s fiscal year, Subrecipient shall procure or arrange for asingle or program-specific audit conducted for that year in accordance with the
Exhibit M - Page 3 of 6
provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501.
5.1 Election. Subrecipient shall have a single audit conducted in accordance withUniform Guidance §200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with §200.507 (Program-specific audits). Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit.
5.2 Exemption. If Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office.
5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit Requirements.
6.Contract Provisions for Subrecipient Contracts. Subrecipient shall comply withand shall include all of the following applicable provisions in all subcontractsentered into by it pursuant to this Grant Agreement.
6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFRPart 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
“During the performance of this contract, the contractor agrees as follows:
(1)The contractor will not discriminate against any employee or applicant foremployment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Exhibit M - Page 4 of 6
contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2)The contractor will, in all solicitations or advertisements for employeesplaced by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
(3)The contractor will send to each labor union or representative of workerswith which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments
under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4)The contractor will comply with all provisions of Executive Order 11246of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5)The contractor will furnish all information and reports required byExecutive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6)In the event of the contractor's non-compliance with the nondiscriminationclauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw.
(7)The contractor will include the provisions of paragraphs (1) through (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.”
6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be
Exhibit M - Page 5 of 6
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is other wise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection
Exhibit M - Page 6 of 6
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
7.Certifications. Unless prohibited by Federal statutes or regulations, Recipient mayrequire Subrecipient to submit certifications and representations required by Federalstatutes or regulations on an annual basis. 2CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted.
7.1 Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity.
8.Effective Date. The effective date of the Uniform Guidance is December 26, 2013. 2CFR §200.110. The procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014.
9.Performance Measurement. The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses onoutcomes, as related to the Federal Award Performance Goals that awarding Federalagencies are required to detail in the Awards.
Section 200.301 provides guidance to Federal agencies to measure performance in away that will help the Federal awarding agency and other non-Federal entities toimprove program outcomes.
The Federal awarding agency is required to provide recipients with clear performancegoals, indicators, and milestones (200.210). Also, must require the recipient to relatefinancial data to performance accomplishments of the Federal award.
Exhibit N- Page 1 of 15 Version 1.31.23
Exhibit N
Federal Treasury Provisions
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict between the provisions of these Federal
Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits
incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall
control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including
ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and
Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient),
must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or
administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a management
position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US
Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds” report available at www.treasury.gov.
Exhibit N- Page 2 of 15 Version 1.31.23
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal
Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under
an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the
Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar
value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding
fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the
following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
Exhibit N- Page 3 of 15 Version 1.31.23
fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal
Award specifically indicate otherwise.
2.1.18. “Unique Entity ID” means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home.
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award Any revisions to
such provisions or regulations shall automatically become a part of these Federal Provisions,
without the necessity of either party executing any further instrument. The State of Colorado,
at its discretion, may provide written notification to Grantee of such revisions, but such notice
shall not be a condition precedent to the effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information in Sam.gov at least annually.
5.TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
Exhibit N- Page 4 of 15 Version 1.31.23
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements
and Subcontractors and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price. The
reporting requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de-obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements. If the total
award is below $30,000 no reporting required; if more than $30,000 and less than $50,000
then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8.SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit P to report to the State Agency within ten (10) days following each quarter ended
September, December, March and June. Additional information on specific requirements
are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance
and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
Exhibit N- Page 5 of 15 Version 1.31.23
EC 1 – Public Health
All Public Health Projects
a)Description of structure and objectives
b) Description of relation to COVID-19
c)Identification of impacted and/or disproportionately impacted communities
d)Capital Expenditures
i.Presence of capital expenditure in project
ii. Total projected capital expenditure
iii.Type of capital expenditure
iv.Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a)Amount of total project used for evidence-based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non-Profits (1.9)
a) Number of non-profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a)Sector of employer
b) Purpose of funds
EC 2 – Negative Economic Impacts
All Negative Economic Impacts Projects
a)Description of project structure and objectives
b)Description of project’s response to COVID-19
c)Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence-based programs and description of evaluation
plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e)Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h)Capital Expenditures
i.Presence of capital expenditure in project
ii. Total projected capital expenditure
iii.Type of capital expenditure
iv.Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a)Number of households served
Exhibit N- Page 6 of 15 Version 1.31.23
b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
c)Number of affordable housing units preserved or developed (2.2 & 2.5 only) (Federal
guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a)Number of children served by childcare and early learning (Federal guidance may change
this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a)National Center for Education Statistics (“NCES”) School ID or NCES District ID
b) Number of students participating in evidence-based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a)Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non-Profits (2.34)
a) Number of non-profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36)
a)Sector of employer
b) Purpose of funds
c)If other than travel, tourism and hospitality (2.36) – description of hardship
EC 3 – Public Health – Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a)Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a)Number of FTEs rehired by governments
EC 4 – Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if beyond
those listed in the final rule
b) Numbers of workers served
c)Employer sector for all subawards to third-party employers
d) Written narrative justification of how premium pay is responsive to essential work during
the public health emergency for non-exempt workers or those making over 150 percent of
the state/county’s average annual wage
Exhibit N- Page 7 of 15 Version 1.31.23
e) Number of workers to be served with premium pay in K-12 schools
EC 5 – Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local impact
report
ii. Project labor agreement certification or project workforce continuity plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with the
Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed 100
Mbps download speed and between at least 20 Mbps and 100 Mbps upload
speed, and be scalable to a minimum of 100 Mbps download speed and 100
Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance, including, but
not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and those
not on Tribal lands) that have gained increased access to broadband meeting
the minimum speed standards in areas that previously lacked access to service
of at least 25 Mbps download and 3 Mbps upload, with the number of
households with access to minimum speed standard of reliable 100 Mbps
symmetrical upload and download and number of households with access to
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) that have projected increased access to
broadband meeting the minimum speed standards in areas that previously
Exhibit N- Page 8 of 15 Version 1.31.23
lacked access to service of at least 25 Mbps download and 3 Mbps upload, in
each of the following categories: business, small business, elementary school,
secondary school, higher education institution, library, healthcare facility, and
public safety organization, with the number of each type of institution with
access to the minimum speed standard of reliable 100 Mbps symmetrical
upload and download; and number of each type of institution with access to
the minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed, miles of
fiber, cost per mile, cost per passing, number of households (broken out by
households on Tribal lands and those not on Tribal lands) projected to have
increased access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, number of households with access to minimum speed standard
of reliable 100 Mbps symmetrical upload and download, number of
households with access to minimum speed standard of reliable 100 Mbps
download and 20 Mbps upload, and number of institutions and businesses
(broken out by institutions on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload, in each of the following categories: business,
small business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization. Specify
the number of each type of institution with access to the minimum speed
standard of reliable 100 Mbps symmetrical upload and download; and the
number of each type of institution with access to the minimum speed standard
of reliable 100 Mbps download and 20 Mbps upload.
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later than
five days after the end of the month following the month in which the Subaward was
made.
8.1.2.1. Subrecipient Unique Entity ID;
8.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.2.3. Subrecipient parent’s organization Unique Entity ID;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
Exhibit N- Page 9 of 15 Version 1.31.23
8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following
data elements:
8.1.3.1. Subrecipient’s Unique Entity ID as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See
the "Project Demographic Distribution" section in the "Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based interventions and
the evidence base. See the “Use of Evidence” section in the “Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov. See section 8.1.1 for relevant Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts
of COVID-19. This requirement is applicable to Expenditure Categories 1 and 2.
For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-
2.12), also provide the sector of employer, purpose of funds, and if not travel,
tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number
of workers expected to be served. For groups of workers (e.g., an operating unit,
a classification of worker, etc.) or, to the extent applicable, individual workers,
other than those where the eligible worker receiving premium pay is earning (with
the premium pay included) below 150 percent of their residing state or county’s
average annual wage for all occupations, as defined by the Bureau of Labor
Statistics Occupational Employment and Wage Statistics, whichever is higher,
OR the eligible worker receiving premium pay is not exempt from the Fair Labor
Standards Act overtime provisions, include justification of how the premium pay
or grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not include
personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), or capital expenditures in any expenditure
category, narrative identifying the projected construction start date (month/year),
projected initiation of operations date (month/year), and location (for broadband,
geospatial location data). For projects over $10 million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates not less
Exhibit N- Page 10 of 15 Version 1.31.23
than those prevailing, as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States Code (commonly
known as the "Davis-Bacon Act"), for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the Agreement work in
the civil subdivision of the State (or the District of Columbia) in which the work
is to be performed, or by the appropriate State entity pursuant to a corollary State
prevailing-wage-in-construction law (commonly known as "baby Davis-Bacon
Acts"). If such certification is not provided, a recipient must provide a project
employment and local impact report detailing (1) the number of employees of
Contractors and sub-contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3) the
wages and benefits of workers on the project by classification; and (4) whether
those wages are at rates less than those prevailing. Recipients must maintain
sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a project
labor agreement, meaning a pre-hire collective bargaining agreement
consistent with section 8(f) of the National Labor Relations Act (29 U.S.C.
158(f)). If the recipient does not provide such certification, the recipient must
provide a project workforce continuity plan, detailing: (1) how the Subrecipient
will ensure the project has ready access to a sufficient supply of appropriately
skilled and unskilled labor to ensure high-quality construction throughout the
life of the project; (2) how the Subrecipient will minimize risks of labor
disputes and disruptions that would jeopardize timeliness and cost-
effectiveness of the project; and (3) how the Subrecipient will provide a safe
and healthy workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will receive
wages and benefits that will secure an appropriately skilled workforce in the
context of the local or regional labor market; and (5) whether the project has
completed a project labor agreement.
8.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a description
of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US
Treasury, Governor’s Office and Office of the State Controller. The State of Colorado may
need additional reporting requirements after this agreement is executed. If there are
additional reporting requirements, the State will provide notice of such additional reporting
requirements via Exhibit Q – SLFRF Reporting Modification Form.
Exhibit N- Page 11 of 15 Version 1.31.23
9.PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non-Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all Agreements and purchase orders for work or products under
this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its Contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10.ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart
F-Audit Requirements of the Uniform Guidance.
11.SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s
fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
Exhibit N- Page 12 of 15 Version 1.31.23
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-
specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits).
The Subrecipient may elect to have a program-specific audit if Subrecipient expends
Federal Awards under only one Federal program (excluding research and development)
and the Federal program’s statutes, regulations, or the terms and conditions of the Federal
award do not require a financial statement audit of Prime Recipient. A program-specific
audit may not be elected for research and development unless all of the Federal Awards
expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that
year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records
shall be available for review or audit by appropriate officials of the Federal agency, the
State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit
required by Uniform Guidance Subpart F-Audit Requirements.
12.GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all Subcontractors
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that
meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
and implementing regulations at 41 CFR part 60, Office of Federal Agreement
Compliance Programs, Equal Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction, alteration
and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-
3148).
Exhibit N- Page 13 of 15 Version 1.31.23
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Agreements and Cooperative Agreements,” and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and
the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Agreement, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the Enemy”
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in support
of a contingency operation in which members of the Armed Forces are actively engaged
in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to
2 CFR 200.216.
Exhibit N- Page 14 of 15 Version 1.31.23
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this Agreement (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.
C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations,
31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or
agreement.
13.CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with
Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State
Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently
if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or the
level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
15.EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30-day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
Exhibit N- Page 15 of 15 Version 1.31.23
15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-
Federal Entity, in which case the two parties must agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass-through Entity determines in the case
of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its
entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
Exhibit O - Page 1 of 9
EXHIBIT O
AGREEMENT WITH SUBSUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of
the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury. This agreement is
between your organization and the State and your organization is signing and certifying the
same terms and conditions included in the State’s separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name __________________________________
Authorized Representative: _______________________________
Title: __________________________________
Signature: ___________________________
Exhibit O - Page 2 of 9
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a.Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c) of the Social Security Act (the Act) and
Treasury’s regulations implementing that section and guidance.
b.Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof
and ends on December 31, 2026. As set forth in Treasury’s implementing regulations,
Subrecipient may use award funds to cover eligible costs incurred during the period that
begins on March 3, 2021, and ends on December 31, 2024.
Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor’s Office and Office of the State Controller.
Maintenance of and Access to Records
a.Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b.The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c.Records shall be maintained by Subrecipient for a period of five (5) years after all funds
have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued
by the Governor’s Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
Exhibit O - Page 3 of 9
is applicable to each activity funded under this award. Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §
200.112. The Office of the State Controller shall disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations.
a.Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance
issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b.Federal regulations applicable to this award include, without limitation, the following:
i.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F – Audit
Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii.Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
iii.Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv.OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31
C.F.R. Part 19.
v.Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
vi.Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii.New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
Exhibit O - Page 4 of 9
ix.Generally applicable federal environmental laws and regulations.
c.Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i.Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii.The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability;
iii.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv.The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v.Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of the
Act, other applicable laws, Treasury’s implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act
(5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy
available by law.
Exhibit O - Page 5 of 9
Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by
federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
Debts Owed the Federal Government.
a.Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b.Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient. A debt is delinquent if it has not been paid by the date specified in
Treasury’s initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
Disclaimer.
a.The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement, or Subcontractor under
this award.
b.The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
Protections for Whistleblowers.
a.In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b.The list of persons and entities referenced in the paragraph above includes the following:
i.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
Exhibit O - Page 6 of 9
iii.The Government Accountability Office;
iv.A Treasury employee responsible for Agreement or grant oversight or
management;
v.An authorized official of the Department of Justice or other law enforcement
agency;
vi.A court or grand jury; or
vii.A management official or other employee of Subrecipient, Contractor, or
Subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c.Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
1.Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors
to adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Exhibit O - Page 7 of 9
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance
may include federal grants, loans and Agreements to provide assistance to the Subrecipient’s
beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing
assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance,
regulated programs, licenses, procurement Agreements by the Federal government at market value,
or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any
portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1.Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2.Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient’s programs, services, and activities.
3.Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
Exhibit O - Page 8 of 9
4.Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors, transferees, and assignees for the period in which such assistance is
provided.
5.Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6.Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7.Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Subrecipient shall comply with information requests, on-site
compliance reviews and reporting requirements.
8.Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9.Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
discrimination, the Subrecipient must provide documentation of the settlement. If
Subrecipient has not been the subject of any court or administrative agency finding of
Exhibit O - Page 9 of 9
discrimination, please so state.
10.If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
EXHIBIT P
SLFRF SUBRECIPIENT QUARTERLY REPORT
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be
submitted to the State Agency within ten (10) days following each
quarter ended September, December, March and June. The SLFRF
Subrecipient Quarterly Report Workbook can be found at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF
Grant Agreement Templates tab)
Exhibit P - Page 1 of 1
Exhibit Q - Page 1 of 1
EXHIBIT Q
SAMPLE SLFRF REPORTING MODIFICATION FORM
Local Agency: Agreement No:
Project Title: Project No:
Project Duration: To: From: State Agency: CDOT
This form serves as notification that there has been a change to the reporting
requirements set forth in the original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as
necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
By signing this form, the Local Agency agrees to and acknowledges the changes to
the reporting requirements set forth in the original SLFRF Grant Agreement. All
other terms and conditions of the original SLFRF Grant Agreement, with any
approved modifications, remain in full force and effect. Grantee shall submit this
form to the State Agency within 10 business days of the date sent by that Agency.
_________________ __________________ Local Agency Date
___________________ __________________ CDOT Program Manager Date
Exhibit R APPLICABLE FEDERAL AWARDS
Exhibit R - Page 1 of 1
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Office US Department of the Treasury
Grant Program Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number 21.027
Federal Award Number SLFRP0126
Federal Award Date * May 18, 2021
Federal Award End Date December 31, 2024
Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is
not the amount of this grant agreement)
$3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in
§2 and §5 below.
Exhibit S- Page 1 of 1
EXHIBIT S
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
EXHIBIT T
CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
Exhibit T - Page 1 of 2
Checklist for required exhibits due to funding sources. Required Exhibits are dependent on the source of funding.
This is a guide to assist in the incorporation and completion of Exhibits in relation to funding sources.
Exhibit Funding only from
FHWA
Funding only
from ARPA
FHWA and ARPA Funding
EXHIBIT A,
EXHIBIT B
SAMPLE OPTION
EXHIBIT C,
EXHIBIT D,
LOCAL AGENCY
RESOLUTION (IF
EXHIBIT E,
LOCAL AGENCY
AGREEMENT
ADMINISTRATION
EXHIBIT F,
CERTIFICATION FOR
FEDERAL-AID
EXHIBIT G,
DISADVANTAGED
BUSINESS ENTERPRISE
EXHIBIT H,
LOCAL AGENCY
PROCEDURES FOR
CONSULTANT
EXHIBIT I,
FEDERAL-AID
AGREEMENT
PROVISIONS FOR
CONSTRUCTION
EXHIBIT J,
ADDITIONAL FEDERAL
Exhibit T - Page 2 of 2
EXHIBIT K,
FFATA
SUPPLEMENTAL
EXHIBIT L,
SAMPLE
SUBRECIPIENT
MONITORING AND
RISK ASSESSMENT
EXHIBIT M,
OMB UNIFORM
GUIDANCE FOR
EXHIBIT N,
FEDERAL TREASURY
EXHIBIT O,
AGREEMENT WITH
SUBRECIPIENT OF
FEDERAL RECOVERY
EXHIBIT P,
SLFRF SUBRECIPIENT
EXHIBIT Q,
SLFRF REPORTING
EXHIBIT R,
APPLICABLE FEDERAL
EXHIBIT S,
PII CERTIFICATAION
EXHIBIT T,
CHECKLIST OF
REQUIRED EXHIBITS
DEPENDENT ON
OLA #: 331003362
Routing #: 24-HA4-XC-00070-M0001
Document Builder Generated Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: TAP M405-028 (25932)
SIGNATURE AND COVER PAGE
Department of Transportation 24-HA4-XC-00070-M0001
TOWN OF ESTES PARK
Original Agreement Routing Number
24-HA4-XC-00070
Agreement Maximum Amount Agreement Performance Beginning Date
October 08, 2024
Agreement expiration date
The earlier of the Amendment Effective Date
or May 13, 2034
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
___________________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
TOWN OF ESTES PARK
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
(2nd Signature if Necessary)
___________________________________________
Signature
___________________________________________
By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Amendment Effective Date:_____________________
Attachment 3
OLA #: 331003362
Routing #: 24-HA4-XC-00070-M0001
Document Builder Generated Page 2 of 2
1)PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State.
2)TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3)EFFECTIVE DATE AND ENFORCEABILITY
A.Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B.Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
The parties entered into the Agreement for the Fall River Trail Final Segment. The parties now agree to
terminate the Agreement.
5)MODIFICATIONS
a) The Agreement was executed on October 8, 2024, to fund $2,875,000.00 for the above purpose. No
money is encumbered and no money has been used for the project. The parties now request to terminate the
Agreement. Pursuant to the request, the Agreement is now
terminated.
b) Decrease Agreement Maximum Amount from $ $2,875,000.00 to $0.00.
6)LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Rob Hinkle, Events & Visitor Services Director
Department: Events & Visitor Services
Date: August 12, 2025
Subject: Request for use of Bond Park for an event - Overdose Awareness Day
Presented by The North Colorado Health Alliance
Type: Other: Event Request
Objective:
To receive Town Board approval to use Bond Park for a new event called “Overdose
Awareness Day Presented by The North Colorado Health Alliance”.
Present Situation:
North Colorado Health Alliance submitted a permit application for the use of Bond Park
to host an “Overdose Awareness” event on September 3, 2025 from 4 p.m to 7 p.m.
This would be a free event for all to attend. The organization would be speaking directly
to Estes Park Community members impacted by, passionate about, or seeking
information regarding reducing the stigma and ending overdose. This event will bring
together a host of community resource organizations, speakers, naloxone distribution
and education, music, food, activities, and shared stories of recovery and remembrance
in festival/booth layout.
Proposal:
After applying for a special event permit for a new event in Bond Park, the event is
submitting this information to the Town Board for review and approval.
Advantages:
This event will honor those lost to overdose, support individuals and families affected by
substance abuse and raise awareness about the opioid crisis.
Disadvantages:
None
Action Recommended:
Approval of the use of Bond Park for the “Overdose Awareness Day Presented by The
North Colorado Health Alliance” on September 3, 2025.
Finance/Resource Impact:
N/A
Level of Public Interest:
Low Level of Interest
Sample Motion:
I move for the approval of North Colorado Health Alliance’s use of Bond Park for the
“Overdose Awareness Day Presented by The North Colorado Health Alliance” on
September 3, 2025.
Attachments:
1.Permit Application (Pages 1-3)
2.Map
Special Event Permit Application
Event Information
EVENT INFORMATION
*Applications may be submitted at any time, but will not be reviewed for acceptance more than 180 days before the event date on the
application.
**Please make sure to have the following documents ready to upload along with your application. You will not be able to complete the application
without these documents:
Map of the park you are requesting with your detailed layout overlaid, event logo for advertising, map of route if parade/race/marathon.
If you are applying for a new event you must apply at least 120 days prior to the event, to allow time for Town Agencies and Town Board approvals.
If you are applying for an existing event, you must apply at least 60 days prior to the event.
Your application is not complete until you have finished All pages and signed the form.
The venues available for Special Event Permits are for public events only. No private events are permit.
Event Name *
Overdose Awareness Day Presented by The North Colorado Health Alliance
Event Start Date *
If set up is the day before, do not include the set up date.
2025-09-03
New or Existing Event?*
New (requires 120 days for review)
Existing (requires 60 days for review)
Event hours *
Do not include set up & tear down hours. If events is over multiple days list the hours for each day.
Wednesday, September 3rd 4-7pm
Example: Friday 4-7pm or Saturday and Sunday 9am-9pm
Frequency *
One Day Multi-Day Weekly Monthly
**If your set up day preceeds the event start date, please be aware that there are additional charges for venue rental and parking space usage.
Set Up Date *
Not event start date unless it's the same day.
2025-09-03
Set Up Hours *
i.e. 11am - 2pm
1pm-4pm
Tear Down Date *
Select a date from the calendar
2025-09-03
Tear Down Hours *
Example: Friday 4-7pm or Saturday and Sunday 9am-9pm
7-9pm
Type of Event *
Concert Craft/Art Fair
Demonstration Festival
Parade Race
Attachment 1
Rally Road Closure
Other
Group Type *
Local Non-Profit
Locally Sponsored
Other
* To be considered for a local non-profit rate, you must be registered with the Secretary of State as a non-profit organization and 80% of membership must reside in the Estes
Valley.
Description of Event *
The purpose of this event is to honor those lost to overdose, support individuals and families affected by substance use, and raise awareness
about the opioid crisis. Our goal is to reduce stigma, promote prevention and recovery resources, and foster a compassionate and informed
community response. The event will bring together a host of community resource organizations, speakers, naloxone distribution and education,
music, food, activities, and shared stories of recovery and remembrance in a festival/booth layout.
What is your target market for your event?*
Estes Locals! The event will be free to attend.
How will this event involve the Estes Park Community *
We will hopefully be speaking directly to Estes Park Community members impacted by, passionate about, or seeking information regarding
reducing stigma and ending overdose.
Select the Parks and Open Space Area to be used for the Event
*There are fees associated with the use of these locations.
Desired Location *
Bond Park (new events require Board approval)
Performance Park
Riverside Plaza
Other
New Benefit
NEW BENEFIT!
Expand on your event for free! When you reserve Bond Park for
your special event we would like to offer, free of charge, the use
of Performance Park and/or Riverside Plaza as an opportunity
for you to extend your event through Town. (Upon availability).
Are you interested in using any or all of these other venues?
If so, which venue(s)
Performance Park
Riverside Plaza
Please upload a detailed map under Supporting Documents
Estimated total number of participants *
staff, vendors, and volunteers
35
Estimated number of spectators *
Attendance / Participants
50
Alcohol being served?*
Yes No
Alcohol being sold?*
Yes No
Is food being served or sold?*
Yes No
All vendors and food trucks selling time/temperature control for safety need to have a current Colorado Retail Food Permit or a Larimer County
Temporary Event Food Vendor Permit. Colorado Retail Food Licenses issued by other counties are acceptable. Nonprofits and charitable organizations
operating temporary event food services MAY be exempt from Food Permitting. Cottage Food Vendors must meet requirements of the Colorado
Cottage Foods Act and may not need a Retail Food or Temporary Event Food Vendor Permit.
Please send in the completed Food Vendor list 30 days before the event. This includes a list of all food and beverage vendors, including Cottage Food
and Temporary Vendors,. Please include the permit status of each vendor and which jurisdiction issued the permit.
The Food Vendor List can be emailed to EH@co.larimer.co.us or attached to this application.
Food Safety Guidance is available here: https://www.larimer.gov/health/environmental-health/food-safety-program
Please contact LCDHE at 970-498-6700 or at eh@larimer.org if you would like additional assistance.
Parking spaces or lot closures?*
There is a cost associate with using parking spaces/lots (Mid May - Mid Oct)
Yes No
PARKING FEES 2024: (market rate $756)
$550/day (For-profit)
$225/day (Non-profit)
Road closures?*
Yes No
Increased Traffic?*
Yes No
Traffic control needed?*
Yes No
Request for security?*
Any overnight events & events selling or serving alcohol require security
Yes No
Tents or canopies set up?*
Yes No
Electricity required?*
Yes No
Commercial Vendor booths?
Not including concession vendors
Yes No
Concession vendor(s)?*
Any event with food or alcohol requires trash service
Yes No
Live music or DJ?*
Yes No
Irrigation off?*
Yes No Not Applicable (races, etc.)
______________________________________________________________________________________________________________________________________
~ Estes Valley Fire Protection District Notice ~
Special Events, Exhibits & Trade Shows; Outdoor Assembly Events
$100.00 per event in a permanent facility or site; or oudoor assembly event with 1,000 persons or more. This fee is required to obtain a permit
for special events as defined in Section 105.5.15 & 105.5.38 of the adopted Fire Code which requires a fire inspection.
*A separate fee may apply for tents or membrane structures.
Attachment 2
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
From: Dan Kramer, Town Attorney
Department: Town Attorney’s Office
Date: August 12, 2025
Subject: Revisions to Policy 1101: Delegation of Contract Signature Authority
Type: Policy
Objective:
Update Policy 1101 to reflect evolving needs and practices.
Present Situation:
Policy 1101, first adopted in 2020, clarifies which Town employees are authorized to
approve various sorts of contracts, and which contracts require approval by the Board.
The Policy has worked generally well, but staff have identified areas where they believe
contracts are being brought to the Board unnecessarily. The Executive Leadership
Team has discussed these concerns at length and proposes a few adjustments for the
Board’s consideration.
Proposal:
In addition to a few clarifications throughout the document, staff propose the following
substantive revisions to Policy 1101:
• Allow the Police Chief to enter the Town into memoranda of understanding
related to law enforcement operations with partner agencies.
• Allow the Town Administrator to commit the Town as a lessee of property owned
by others, for a period of one year or less.
• Allow the Town Administrator to enter the Town into memoranda of
understanding with nonprofit organizations for the ongoing support of Town
operations (such as with the Friends of the Museum).
Advantages:
Staff expects these changes to streamline the Town’s ability to enter these sorts of
contracts.
Disadvantages:
The Board would have less oversight and control of these particular contracts.
Action Recommended:
Approve the revisions to Policy 1101.
Finance/Resource Impact:
None
Level of Public Interest:
Low
Sample Motion:
I move to approve the revisions to Policy 1101 as presented.
Attachments:
1.Redline revisions to Policy 1101.
Document Title Policy 1101 – Delegation of Contract Signature Authority 7/14/208/12/2025
Revisions: Town of Estes Park, Town Attorney Page 1 of 4
Effective Period: Until Superseded
Review Schedule: Annually
Effective Date: 7/14/2020
References:
TOWN ATTORNEY
1101
Delegation of Contract Signature Authority
1. PURPOSE
The purpose of the policy is to systematize the delegation of contract signature
authority.
2. POLICY
The Town hereby delegates to the following Town officials authority to sign the
properly authorized written contracts described herein.
3. PROCEDURE FOR DELEGATED SIGNATURE AUTHORITY
The Mayor, Town Administrator, each Department Director, and their subordinate
staff listed below may sign properly authorized contracts, approved as to form by the
Town Attorney or an attorney designated by the Town Attorney, listed under their
respective titles, including those listed under their subordinates’ titles. The Assistant
Town Administrator may sign any contract that any Department Director may sign.
Contract signature authority may also be delegated by specific action of the Town
Board. Additional authority also derives from the Town’s adopted purchasing
policies. Staff may enter into contracts for goods, services, or construction as
delegated in Policy 601 and within such spending limits.
a. RESERVED AUTHORITY
The Town Board reserves to itself the authority to approve the following contracts, for
signature by the Mayor:
i.contracts requiring Town Board approval under applicable law
i.
ii.agreements with other governmental entities, except (1) as specifically described
below and (2) with the exception of standard agreements applicable to these entities
only in their proprietary capacity, that fall under the delegated authority below
Attachment 1
Document Title Policy 1101 – Delegation of Contract Signature Authority 7/14/208/12/2025
Revisions: Town of Estes Park, Town Attorney Page 2 of 4
ii.
iii. memoranda of understanding with nonprofit organizations for the ongoing
support of Town operations
iv.iii. deeds of dedication of rights of way and other property to the Town
v.iv. acceptance of grants and donations
vi.v. other contracts not listed below
b. TOWN ADMINISTRATOR
agreements and releases on personnel and employment matters
insurance agreements
grants by the Town of licenses and easements for the use of Town property
memoranda of understanding with nonprofit organizations for the ongoing support of
Town operations
leases for use by the Town of property for one year or less
development agreements arising from application of the development code, including
improvement agreements and restrictive covenants
i. DIRECTOR OF FINANCE
1) banking and investment agreements
2) credit agreements
ii. DIRECTOR OF EVENTS AND VISITOR SERVICES
1) special use agreements for events on Town property
2) agreements for temporary use of the Fairgrounds
3) agreements to allow catering services at the Events Complex
i. SALES AND MARKETING MANAGER
a. contracts for the use of Mrs. Walsh’s Garden, the O’Connor
Pavilion, and the Events Center and Pavilion
iii. DIRECTOR OF UTILITIES
1) access agreements to maintain Town-owned utility infrastructure
Document Title Policy 1101 – Delegation of Contract Signature Authority 7/14/208/12/2025
Revisions: Town of Estes Park, Town Attorney Page 3 of 4
2) surge protector agreements
3) internet service level agreements
4) multiple dwelling unit right of entry agreements
5) utility service agreements
i. UTILITIES COORDINATOR or LINE SUPERINTENDENT
a. acceptance of utility easements
b. pole attachment agreements
c. interconnection agreements
iv. DIRECTOR OF PUBLIC WORKS
1) agreements for Town rights of entry to access non-Town properties
2) revocable licenses to access (but not use) Town property and hold the Town
harmless
i. PROJECT MANAGERS, for their projects, or ENGINEERING
MANAGERTOWN ENGINEER
a. encroachment and right-of-way permits and agreements
b. acceptance of temporary easements for construction or other
public works infrastructure, facilities and purposes
c. acceptance of permanent easements for public works
infrastructure, facilities and purposes
v. DIRECTOR OF COMMUNITY DEVELOPMENT
1) contracts for releases and reductions to improvement guarantees
vi. MUSEUM DIRECTOR
1) agreements for acceptance of museum donations and loans
vii. POLICE CHIEF
1) agreements and memoranda of understanding with other law enforcement,
criminal justice, emergency services, and victim assistance agencies, as
pertains to law enforcement operations, whether or not such agencies are
governmental
Document Title Policy 1101 – Delegation of Contract Signature Authority 7/14/208/12/2025
Revisions: Town of Estes Park, Town Attorney Page 4 of 4
c. Litigation Settlement Agreement Authority
The Town Attorney, with the concurrence of the Town Administrator, shall have authority to
settle threatened or pending litigation for the Town on terms they deem in the best interests
of the Town.
Approved:
Wendy KoenigGary Hall, Mayor
Date
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Department: Town Clerk
Date: August 12, 2025
Subject: Resolution 79-25 Intergovernmental Agreement for 2025 Coordinated
Election
Type: Resolution
Objective:
Staff will present the Larimer County intergovernmental agreement (IGA) for the Town’s
participate in the upcoming Coordinated Election on November 4, 2025 placing two
citizen-initiated ordinances on the ballot.
Present Situation:
The Town Board was presented with two citizen-initiated ordinance petitions at their July
8, 2025 meeting and approved Ordinance 11-25 and 12-15 to place each ordinance on
the upcoming Coordinated Election on November 4, 2025.
The Town Clerk’s office has been in conversations with the County to participate in the
upcoming election. A letter was sent to the Larimer County Election Office on July 14,
2025 notifying the County of the Town’s intent to participate in the November election.
Proposal:
Pursuant to C.R.S. 1-7-116(2), an IGA is required between a political subdivision
(Town) and the County Clerk and Recorder to participate in the upcoming coordinated
election. This agreement places all election responsibilities on the County Clerk and
Recorder for the preparation and conduct of the coordinated election and provides for
the appropriate election costs to be paid by the Town pursuant to the IGA.
The agreement also outlines the duties of the Town as the public entity which include
providing the County Clerk and Recorder with verification of the street locator and
setting the ballot language.
Advantages:
The IGA would allow the Town to participate in the upcoming election.
Disadvantages:
None.
Action Recommended:
Staff would recommend the approval of the IGA.
Finance/Resource Impact:
The current estimated cost of the election is approximately $7,000. Funds have been
budgeted in account #101-1400-414-22-98.
Level of Public Interest:
Medium. There has been an increase interest in development related issues as well as
engagement from Preserve Estes Park.
Sample Motions:
I move to approve/deny Resolution 79-25.
Attachments:
1. Resolution 79-25
2. Larimer County IGA
RESOLUTION 79-25
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE LARIMER
COUNTY CLERK AND RECORDER FOR THE 2025 COORDINATED ELECTION
WHEREAS, by Resolutions 70-25 and 71-25, the Town has referred two initiated
ordinances for election on November 4, 2025; and
WHEREAS, the Town Board desires to enter into the intergovernmental
agreement referenced in the title of this resolution for the purpose of coordinating the
November 4, 2025 election with Larimer County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Town Board approves, and authorizes the Mayor to sign, the
intergovernmental agreement referenced in the title of this resolution in substantially the
form now before the Town Board.
DATED this day of , 2025.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
INTERGOVERNMENTAL AGREEMENT FOR 2025 COORDINATED ELECTION
This Intergovernmental Agreement (“Agreement”) is entered into by and between the Larimer County
Clerk and Recorder (“County Clerk”) and the ____________________________________________ (“Entity”).
Agreement is made effective upon the signature of Entity and County Clerk.
WHEREAS, County Clerk and Entity are authorized to conduct elections as provided by law; and
WHEREAS, County Clerk will conduct an election on November 4, 2025 as a “Mail Ballot Election,” (the
“Election”) as such term is defined in the Uniform Election Code of 1992, C.R.S. Title 1, as amended
(“Code”) and the current Colorado Secretary of State Election Rules, as amended (“Rules”); and
WHEREAS, Entity has certain ballot race(s), ballot question(s) and/or ballot issue(s) to present to its
eligible electors and desires to coordinate with County Clerk; and
WHEREAS, pursuant to C.R.S. §1-7-116(2), as amended, County Clerk and Entity shall enter into an
agreement for the administration of their respective duties concerning the conduct of the
coordinated election, and said agreement must be executed no less than 70 days prior to the Election
which is August 26, 2025.
NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which
is hereby acknowledged, County Clerk and Entity agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
A.Goal.
The purpose of Agreement is to set forth the respective tasks in order to conduct Election and to
allocate the cost thereof.
B.Coordinated Election Official.
County Clerk shall act as the Coordinated Election Official (“CEO”) in accordance with Code and
Rules and shall conduct Election for Entity.
County Clerk designates as the primary liaison (“Contact Officer”) between County Clerk and Entity:
Name: Michele Mihulka
Phone: 970.498.7932
Email: electioncoordination@larimer.gov
Contact Officer shall act under the authority of County Clerk and shall have primary responsibility for
the coordination of Election with Entity.
Attachment 2
C.Designated Election Official.
Entity designates as its Designated Election Official (“DEO”) to act as the primary liaison between Entity
and Contact Officer:
Name:
Phone:
Email:
DEO shall have primary responsibility for Election procedures to be handled by Entity. DEO shall act in
accordance with Code and Rules. DEO shall be readily available and accessible during regular
business hours, and at other times when notified by Contact Officer in advance, for the purposes of
consultation and decision-making on behalf of Entity. In addition, DEO is responsible for receiving and
timely responding to inquiries made by its voters or others interested in Entity’s election.
D.Jurisdictional Limitation.
Entity encompasses territory within Larimer County, Colorado. Agreement shall be construed to apply
only to that area of Entity situated within Larimer County.
E.Term.
The term of Agreement shall be through December 31, 2025 and shall apply only to Election.
ARTICLE II
DUTIES OF COUNTY CLERK
A.Voter Registration.
Supervise, administer, and provide necessary facilities and forms for all regular voter registration sites.
B.Ballot Preparation.
1.Lay out the text of the ballot in a format that complies with Code and Rules. As authorized
by Colorado Secretary of State Rule 4.1.2(c), County Clerk requires that each ballot question
and ballot issue be not more than 250 words. Additional costs incurred for ballot language
length exceeding 250 words are referenced in Article IV(A).
2. Assign the letter and/or number of Entity's ballot question(s) or ballot issue(s) which will
appear on the ballot and provide this assignment to Entity.
3.Provide ballot printing layouts and text for Entity’s review and signature. If Entity fails to
provide approval by the required deadline, the content is to be considered approved.
4.Certify the ballot content to the printer(s).
5.Contract for ballots.
C.Voter Lists.
Upon request of Entity, create and certify a list of registered voters containing the names and
addresses of each elector registered to vote in Entity.
D.Property Owners.
Only applicable to Elections conducted under titles in which property owners are eligible to vote.
Automatically mail property owner ballots to active, registered voters who own (or lease, if appliable)
property within the district boundaries of Entity and are certified as eligible by the DEO. See Article
III(G)(3).
E.Election Judges.
Appoint and compensate a sufficient number of election judges to conduct Election.
F.Mail Ballot.
1.Mail ballot packets to every active registered elector and conduct Election in accordance
with C.R.S. Title 1, Article 7.5.
2.Establish drop boxes in accordance with C.R.S. §1-5-102.9(5) for the purposes of allowing
electors to drop-off their completed mail ballots.
G.Voter Service and Polling Center (“VSPC”) sites.
1.Establish VSPC sites in accordance with C.R.S. §1-5-102.9, coordinate the location and
operation of the VSPC sites, and conduct all accessibility site surveys.
2.Obtain and provide all ballots, forms, equipment and supplies necessary for mail and
accessible voting.
3.Obtain and provide all ballots, forms, equipment and supplies necessary to verify and issue
ballots to property owners who are registered to vote in the State of Colorado but who do
not reside in Entity. Only applicable to Elections conducted under titles where owning
property in the political subdivision is a requirement for voting in Election.
4.Provide all necessary Election personnel to conduct Election.
H.Voting Jurisdiction.
Pursuant to C.R.S. §1-5-303 and subject to Entity providing the information referenced in Article III(C)(1),
County Clerk shall provide an Address Library Report from the Statewide Colorado Voter Registration
and Election database (“Address Library Report”) no later than August 9, 2025, which will list the street
addresses located in both Entity and Larimer County according to the statewide voter registration
system. In order to create Address Library Report, County Clerk must first receive from Entity the
information referenced in Article III(C)(1).
I.Election Day Preparation.
1.Provide, no later than twenty days before Election, notice by publication of a mail ballot
election. Such notice shall satisfy the publication requirement for all entities participating in
Election pursuant to C.R.S. §1-5-205(1.4).
2.Prepare and conduct pre-election logic and accuracy testing in accordance with C.R.S.
§1-7-509 and Rules.
3.Provide necessary electronic voting equipment together with personnel and related
computer equipment for pre-election logic and accuracy testing and Election Day needs.
4.Prepare and conduct a risk-limiting audit in accordance with C.R.S. §1-7-515 and Rules.
J.TABOR Notice.
1.Coordinate the printing and labeling of the TABOR notice and mail it to all registered voters
within Entity not less than thirty days prior to Election in compliance with Article X, Section 20
of the Colorado Constitution and any applicable Code and Rules.
2.Charge Entity for all expenses associated with printing, labeling, and mailing (postage) for
the TABOR notice. Said expenses shall be prorated among all Entities participating in the
TABOR notice. Such proration shall be based, in part, upon the number of addresses where
one or more active registered voters of Entity reside.
3.Determine the least cost method for mailing the TABOR notice and address the TABOR
notice to “All Registered Voters” at each address in Larimer County where one or more
active registered voters of Entity reside.
4.Nothing herein shall preclude County Clerk from sending the TABOR notice of Entity to
persons in addition to the electors of Entity if such sending arises from County Clerk’s efforts
to mail the TABOR notice at the least cost.
K.Counting Ballots.
1.Conduct and oversee the ballot counting process and report the results for each race and
measure.
2.Establish backup procedures and backup sites for ballot counting should counting
equipment and/or building facilities fail. In such event, counting procedures will be moved
to a predetermined site.
L.Certifying Results.
1.Convene the Board of Canvassers.
2.Certify the results of Entity’s Election within the time required by law and provide Entity with
a copy of all Election statements and certificates required under Code and Rule.
3.Conduct a recount (if called for) in accordance with Code and Rule.
M.Recordkeeping.
1.Retain all Election records as required by C.R.S. §1-7-802.
2.Keep an accurate account of all Election costs.
N.No Expansion of Duties.
Nothing contained in Agreement is intended to expand the duties of County Clerk beyond those set
forth in Code or Rules.
ARTICLE III
DUTIES OF ENTITY
A.Authority.
Provide County Clerk with a copy of the ordinance or resolution stating that Entity will participate in
Election in accordance with the terms and conditions of Agreement. The ordinance or resolution shall
further authorize the presiding officer of Entity or other designated person to execute Agreement.
B.Call and Notice.
Publish all notices relative to Election which Entity is required to provide pursuant to Code, Rules,
Entity’s Charter and any other statute, rule, or regulation.
C.Voting Jurisdiction – Certifying Entity Address Boundaries.
1.If Entity is not already identified by a tax authority code in the County Assessor’s records,
Entity must:
•Provide County Clerk with a legal description, map and listing of street addresses
located within Entity in Larimer County, no later than 5:00 p.m. on August 1, 2025.
o This information must be provided to County Clerk in Microsoft Excel.
•Certify the accuracy of such information.
2.If Entity has annexed any properties into Entity since January 1, 2025, Entity must:
•Provide County Clerk with a legal description, map and listing of street addresses for
all properties annexed into Entity in Larimer County, no later than 5:00 p.m. on August
1, 2025.
o This information must be provided to County Clerk in Microsoft Excel.
•Certify the accuracy of such information.
3.Review all information in Address Library Report referenced in Article II(H) and ensure that
Address Library Report is an accurate representation of the streets contained within Entity’s
legal boundaries.
4.Indicate on Address Library Report Sign-Off Form (“Sign-Off Form”) whether any changes
are needed, or whether Address Library Report is complete and accurate.
•If Entity requests any changes to Address Library Report on Sign-Off Form, County
Clerk will make the requested changes and return the amended Address Library
Report to Entity along with a second Sign-Off Form, no later than 5:00 p.m. on
August 22, 2025.
5. Return the final certified Sign-Off Form to County Clerk, no later than 5:00 p.m. on August
26, 2025.
D.Petitions, Preparation and Verification.
Perform all responsibilities required to certify any candidate, initiative petition, question, or issue to the
ballot.
E.Ballot Preparation.
1.Determine whether a ballot race, ballot question, or ballot issue is properly placed before
the voters.
2.Prepare a list of candidates and the ballot title and text for each ballot question and ballot
issue. County Clerk requires that each ballot question and ballot issue be not more than 250
words as authorized by Colorado Secretary of State Rule 4.1.2(c). Additional costs incurred
for ballot language length exceeding 250 words are referenced in Article IV(A).
Each ballot contest must include the term and the number of candidates to "vote for" in the
following format:
•X-Year Term
•Vote for X (single winner contest) or Vote for Not More Than X (multi-winner contest)
County Clerk may correct formatting errors in the term or "vote for" language, so long as
those corrections do not change or otherwise impact the meaning of Entity's certified
content.
Each ballot issue or ballot question submitted shall be followed by the words "yes/for" and
"no/against".
3. Provide a certified copy of the ballot content [race(s), question(s) and issue(s)] to County
Clerk no later than 5:00 p.m. on September 5, 2025, pursuant to C.R.S. §1-5-203(3)(a). Entity
must submit certified ballot content to the County Clerk using the form provided by the
County Clerk.
The ballot content must be certified exactly in the order in which it is to be printed on the
ballot pages and sample ballots.
The certified list of ballot race(s), ballot question(s) and/or ballot issue(s) submitted by Entity
shall be final.
4.Proofread and approve Entity’s ballot content for printing immediately upon receipt from
County Clerk. Due to time constraints, DEO must be available for proofing and approving
ballot content from 8:00 a.m. to 7:00 p.m. from September 9, 2025 until September 12, 2025,
or until final approval of printing of ballots has been reached. County Clerk agrees to keep
DEO informed of ballot printing status.
Once approval has been received, County Clerk will not make any changes to the ballot
content. If Entity fails to provide approval by the required deadline, the content will be
considered approved.
5.Ensure that Entity’s certified candidates file all Campaign and Political Finance forms
required by the Colorado Secretary of State Rules Concerning Campaign and Political
Finance with the appropriate filing office. Candidates required to file with the Secretary of
State must file electronically using the online campaign finance reporting system, TRACER:
http://tracer.sos.colorado.gov.
Candidates in municipal elections file with the municipal clerk.
6.Provide (or ensure that Entity’s certified candidates provide) an audio pronunciation of all
candidates’ names as they have been certified to County Clerk, no later than 5:00 p.m. on
September 5, 2025. See Exhibit C for details.
7.Defend and resolve at Entity’s sole expense all challenges relative to the ballot race(s),
ballot question(s) and/or ballot issue(s) as certified to County Clerk for inclusion in Election.
F.Election Participation and Contingency Planning.
If requested by County Clerk, provide person(s) to participate and assist in Election process. The
person(s) provided by Entity must be registered to vote in the State of Colorado.
In the event of the loss of a VSPC location within Entity’s boundaries, collaborate with County Clerk to
establish a contingency location for voting.
G.Property Owners.
Only applicable to Elections conducted under titles where owning property in the political subdivision
is a requirement for voting in Election.
1.Notify and provide information and materials to property owners regarding the location(s)
which an eligible elector may vote at any VSPC site.
2.Obtain a list of Entity’s property owners from the County Assessor's office in accordance with
C.R.S. §1-5-304. Property owners listed in the County Assessor’s property records may not
be eligible electors of Entity. Entity must review and verify the eligibility of property owners
to receive Entity’s ballots.
3.No later than October 9, 2025, certify to County Clerk a list of eligible electors who:
•Own (or lease, if applicable – consult legal counsel) property within the district
boundaries of Entity;
•Are registered to vote in the State of Colorado and whose voter records are active
(not inactive, incomplete, or cancelled);
•Are or will be at least 18 years of age as of November 4, 2025; and
•Are not already registered to vote within the district boundaries of Entity.
The list must be in Excel (.xls/.xlsx) format and must include the following columns:
Each eligible elector must be listed as a separate entry.
Exclude Trusts, LLC, Corporations and Entities if ineligible to vote – consult legal counsel.
4.Between October 10 and October 27, 2025, provide to County Clerk the names of newly
eligible electors, if any, who meet the same criteria (and in the same format) as in Article
III(G)(3).
H.TABOR Notice.
1.Prepare the language for the TABOR notice [for any ballot issue(s) that require a TABOR
notice] in compliance with Article X, Section 20 of the Colorado Constitution and any
pertinent Code and Rules.
Entity shall be solely responsible for timely providing to County Clerk a complete TABOR
notice. County Clerk shall in no way be responsible for Entity’s compliance with TABOR or
the accuracy or sufficiency of any TABOR notice.
2.Receive written comments relating to ballot issue(s) and summarize such comments, as
required by TABOR.
3.Certify and submit all TABOR notice content, including pro and con summaries and fiscal
information, to County Clerk no later than 5:00 p.m. on September 22, 2025, pursuant to
C.R.S. §1-7-904. Such notice shall be provided to County Clerk as an email attachment to
elections@larimer.gov.
Entity shall be solely responsible for the preparation, accuracy, and contents of its TABOR
notice(s). The certified TABOR notice, including all text, summary of comments and fiscal
information shall be final. County Clerk may correct any spelling, grammar or formatting
errors identified in Entity’s certified TABOR notice, so long as those corrections do not
change or otherwise impact the meaning of Entity’s TABOR notice content.
4.Proofread and approve Entity’s TABOR notice content for printing. Due to time constraints,
DEO must be available for proofing and approving TABOR notice content for printing from
8:00 a.m. to 7:00 p.m. from September 22, 2025 until September 26, 2025, or until final
approval of the TABOR notice has been reached. County Clerk agrees to keep all contact
personnel informed of TABOR notice printing status.
Once approval has been received, County Clerk will not make any changes to the TABOR
notice content. If Entity fails to provide approval by the required deadline, the content will
be considered approved.
5.Mail the TABOR notice to each address of one or more active registered electors who own
property but who do not reside within Entity in accordance with C.R.S. §1-7-906(2).
I.Cancellation of Election by Entity.
If Entity resolves not to participate in Election, Entity must immediately deliver to Contact Officer written
notice that it is withdrawing one or more ballot questions or ballot issues; provided, however that Entity
may not cancel after the 25th day prior to Election, October 10, 2025, pursuant to C.R.S. §1-5-208(2).
Entity must reimburse County Clerk for the actual expenses incurred in preparing for Election. If
cancellation occurs after the certification deadline, full election costs may be incurred. Entity must
publish all notices relative to Election which Entity is required to provide pursuant to Code, Rules,
Entity’s Charter and any other statute, rule or regulation.
ARTICLE IV
COSTS
A.Election Costs.
Entity shall be charged and pay for election costs associated with its ballot race(s), question(s),
and/or issue(s). These election costs will include a proportionate share of common election costs
pursuant to Section A(1), and other costs pursuant to Section A(2) (collectively “Election Costs”), as
applicable.
1.Shared Common Election Costs. Entity shall be charged and pay a proportional share of
costs that are not reimbursed by the state pursuant to C.R.S. §1-5-505.5(1)(a), based on
County expenditures relative to Election and the number of eligible electors (including
property owners, if applicable) per Entity, in accordance with C.R.S. §1-7-116(2)(b). Shared
costs include, but are not limited to:
•Election Staff Wages (Overtime/Compensatory Time)
•Temporary Staff Wages
•Election Judge and Canvass Board Wages
•Printing – Ballots, Envelopes, Forms
•Ballot Programming, Insertion, and Mailing Services
•VSPC Location Expenses
•Security Expenses
•Election Notice Printing and Publication
•Mailing Costs (Postage and shipping)
•Contingency Expenses
2.Other Election Costs. In addition to its proportionate share of common election costs, Entity
shall be charged and pay the following, as applicable:
a.Unique Costs. Entity shall pay any additional or unique election costs resulting
from Entity delays and/or special preparations or cancellations relating to Entity’s
participation in Election. Special preparations can include, but are not limited to:
ballot addendums, affidavits, ballot language length exceeding 250 words or
multiple page ballot.
b.Recount Costs. The cost of any recount(s) will be charged to Entity. If more than
one Entity is involved in the recount, the cost will be prorated among the Entities
participating in the recount.
c.TABOR Costs. Entity shall pay a prorated amount for the costs to coordinate, label
and print the TABOR notice, and for the mailing of such notice. Such proration to
be based, in part, on addresses where one or more active registered electors of
Entity reside.
B.Cost Estimate.
Preliminary estimates of Shared Common Election Costs, which are based on different scenarios of
entities that may or may not participate in the Election, and including estimated Ranked Voting Costs
if applicable, are attached to this Agreement as follows:
a.Exhibit A (STATE participates, COUNTY participates)
b.Exhibit B (STATE participates, COUNTY does not participate)
County Clerk will provide an updated cost estimate once all entities have been certified to the ballot.
That update will include estimated TABOR costs if applicable. Estimated Recount costs will be
provided once it is anticipated there will be a recount. Given the nature of Unique costs, estimates
may not be given but the County Clerk will keep Entity reasonably appraised of any such costs if
unique circumstances occur.
C.Invoice. County Clerk shall submit to Entity an invoice for all Election Costs that Entity is
responsible to pay under Agreement, and Entity shall remit to County Clerk the total due upon
receipt. Any amount not paid within 30 days after receipt of the invoice will be subject to an interest
charge at the lesser of 1 ½% per month or the highest rate permitted under law.
D.Funds Appropriated. By signing this Agreement Entity affirms that it has sufficient funds
available in its approved budget to pay its estimated share of Election Costs, including all reasonably
anticipated Unique Costs, Recount Costs, Ranked Voting Costs, and TABOR costs .
ARTICLE V
MISCELLANEOUS
A.Entire Agreement.
Agreement and its Exhibits constitute the entire agreement between County Clerk and Entity as to the
subject matter hereof and supersede all prior or current agreements, proposals, negotiations,
understandings, representations and all other communications, both oral and written.
B.Liability and Immunity.
County Clerk and Entity agree to be responsible for its own acts and omissions, and those of its officers,
agents and employees, to the extent required by law, subject to and without waiving the notice
requirements, immunities, rights, benefits, defenses, limitations, and protections available under the
Colorado Governmental Immunity Act as currently written or hereafter amended.
In the event a court of competent jurisdiction finds Election for Entity was void or otherwise fatally
defective as a result of the sole breach or failure of County Clerk to perform in accordance with
Agreement or laws applicable to Election, Entity shall be entitled to recover expenses or losses caused
by such breach or failure up to the maximum amount paid by Entity to County Clerk under this
Agreement. County Clerk shall in no event be liable for any expenses, damages or losses in excess of
the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the
breach available to Entity.
C.Conflict of Agreement with Law, Impairment.
Should any provision of Agreement be determined by a court of competent jurisdiction to be
unconstitutional or otherwise null and void, it is the intent of County Clerk and Entity hereto that the
remaining provisions of Agreement shall be of full force and effect.
D.Time of Essence.
Time is of the essence in the performance of Agreement. The time requirements of Code and Rules
shall apply to completion of required tasks.
E.No Third Party Beneficiaries.
Enforcement of the terms and conditions of Agreement and all rights of action relating to such
enforcement shall be strictly reserved to County Clerk and Entity, and nothing contained herein shall
give or allow any such claim or right of action by any other person or Entity.
F.Governing Law; Jurisdiction & Venue.
Agreement, the interpretation thereof, and the rights of County Clerk and Entity under it will be
governed by, and construed in accordance with, the laws of the State of Colorado. The courts of the
State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under
Agreement. Venue for any and all legal actions arising shall lie in the District Court in and for the
County of Larimer, State of Colorado.
G.Headings.
The section headings in Agreement are for reference only and shall not affect the interpretation or
meaning of any provision of Agreement.
H.Severability.
If any provision of Agreement is declared by a court of competent jurisdiction to be invalid, void or
unenforceable, such provision shall be deemed to be severable, and all other provisions of
Agreement shall remain fully enforceable, and Agreement shall be interpreted in all respects as if such
provision were omitted.
I.Amendments/Modifications.
As the Election approaches the Secretary of State may adopt new or different election rules that
change or add obligations and procedures relevant to the Election. In such event, the Parties agree
to comply with any such mandatory changes and this IGA shall be deemed automatically amended
to incorporate same. As time allows, the Clerk and Recorder will attempt to circulate any such
election rule changes to Entity and the Parties agree to communicate as necessary to implement
such changes.
Amendments or strikethroughs to this Agreement are not allowed without written consent of both
parties.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the parties hereto have executed Agreement to be effective upon the date
signed by both parties.
COUNTY CLERK
___________________________________ ___________________________________
TINA HARRIS Date
LARIMER COUNTY, COLORADO
CLERK AND RECORDER
ENTITY
___________________________________ ___________________________________
Name of Entity Date
BY:
_________________________________________ _____________________________________
Printed Name of Authorized Representative Signature of Authorized Representative
Signing on behalf of Entity
___________________________________
Title of Authorized Representative
__________________________________
Entity phone number
Households % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs
State of Colorado N/A N/A N/A N/A N/A N/A N/A N/A $491,895.00 $491,895.00
Larimer County 147,394 59.880%$55,389.44 N/A N/A N/A 276,085 37.748%$226,940.92 $282,330.36
City of Fort Collins 65,415 26.576%$24,582.41 118,041 100.00%$114,500.00 118,041 16.139%$97,029.30 $236,111.71
City of Loveland 33,338 13.544%$12,528.14 N/A N/A N/A 61,169 8.363%$50,280.71 $62,808.85
Poudre School R-1 N/A N/A N/A N/A N/A N/A 161,189 22.039%$132,496.80 $132,496.80
Thompson School R2-J N/A N/A N/A N/A N/A N/A 105,561 14.433%$86,770.78 $86,770.78
Estes Park School R-3 N/A N/A N/A N/A N/A N/A 8,731 1.194%$7,176.85 $7,176.85
St. Vrain Valley School RE-1J N/A N/A N/A N/A N/A N/A 596 0.081%$489.91 $489.91
Weld County School RE-5J N/A N/A N/A N/A N/A N/A 12 0.002%$9.86 $9.86
Aims Community College N/A N/A N/A N/A N/A N/A 12 0.002%$9.86 $9.86
246,147 100%$92,500.00 118,041 100%$114,500.00 731,396 100%$1,093,100.00 $1,300,100.00
The State reimburses the county for forty-five percent of election costs ($491,895.00). Coordinating entities share only those election costs that are not reimbursed by the State ($601,205.00).
LARIMER COUNTY
2025 COORDINATED
ELECTION
ENTITY BILLING
$92,500.00 $1,093,100.00
Cost - TABOR Cost - Election
TOTAL
COST
$114,500.00
EXHIBIT A
Households % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs
State of Colorado N/A N/A N/A N/A N/A N/A N/A N/A $491,895.00 $491,895.00
City of Fort Collins 65,415 66.157%$33,078.64 118,041 100.00%$114,500.00 118,041 25.900%$155,710.65 $303,289.29
City of Loveland 33,338 33.716%$16,858.15 N/A N/A N/A 61,169 13.421%$80,689.46 $97,547.61
Poudre School R-1 N/A N/A N/A N/A N/A N/A 161,189 35.367%$212,628.18 $212,628.18
Thompson School R2-J N/A N/A N/A N/A N/A N/A 105,561 23.161%$139,247.99 $139,247.99
Estes Park School R-3 N/A N/A N/A N/A N/A N/A 8,731 1.916%$11,517.27 $11,517.27
St. Vrain Valley School RE-1J N/A N/A N/A N/A N/A N/A 596 0.131%$786.20 $786.20
Weld County School RE-5J N/A N/A N/A N/A N/A N/A 12 0.003%$15.83 $15.83
Aims Community College N/A N/A N/A N/A N/A N/A 12 0.003%$15.83 $15.83
Larimer County PID # 1 75 0.076%$37.93 N/A N/A N/A 250 0.055%$329.78 $367.71
Larimer County PID # 2 50 0.051%$25.28 N/A N/A N/A 200 0.044%$263.82 $289.11
98,878 100%$50,000.00 118,041 100%$114,500.00 455,761 100%$1,093,100.00 $1,257,600.00
The State reimburses the county for forty-five percent of election costs ($491,895.00). Coordinating entities share only those election costs that are not reimbursed by the State ($601,205.00).
LARIMER COUNTY
2025 COORDINATED
ELECTION
ENTITY BILLING
TOTAL
COST
$50,000.00 $114,500.00 $1,093,100.00
EXHIBIT B
EXHIBIT C
Audio
In accordance with Rule 4.6.2, all candidates shall provide an audio recording of their name to County
Clerk no later than the last day upon which Entity certifies the ballot content (September 5, 2025),
pursuant to C.R.S. §1-5-203(3)(a).
It is the responsibility of Entity to ensure an audio pronunciation is provided for each candidate as it is
certified to County Clerk. The purpose of the audio recording is to be compliant with disability and
accessibility laws providing voting equipment pursuant to C.R.S. §1-5-704.
To be in compliance with the above Code and Rule, County Clerk’s office is providing a voice mailbox
at 970.498.7946 that candidates are required to call to provide the correct pronunciation of their
name.
Upon calling the voice mailbox, they will receive instructions on recording their information, as well as
options for listening, deleting, re-recording and saving their message. Please inform candidates within
your district of the necessity of recording the correct pronunciation of their name.
County Clerk’s office will contact Entity if pronunciation guidelines on any ballot race(s), ballot
question(s) and/or ballot issue(s) are needed.
Please contact County Clerk’s office at 970.498.7820 if you have any questions or need additional
information.
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Report
To: Honorable Mayor Hall & Board of Trustees
From: Town Administrator Machalek
Department: Town Administrator’s Office
Date: August 12, 2025
Subject: Wind Sign Code Review
Objective:
Town Board discussion of the prohibition of wind signs in the current Estes Park
Municipal Code.
Present Situation:
Section 17.66.060(8) of the Municipal Code states that wind signs shall not be
permitted, erected, or maintained in the Town. Wind signs are defined as “…a sign
consisting on [sic] one (1) or more pennants, ribbons, spinners, streamers or captive
balloons, or other objects or materials fastened in such a manner as to move upon
being subjected to pressure by wind or breeze, but does not include flags, supplemental
or special event temporary signs (Section 17.66.040). A visual list of wind sign
examples is attached for reference.
At least two businesses in Town have requested that the Town Board review this
prohibition, citing the efficacy of wind signs in attracting business (feather flags in
particular).
The Town’s sign regulations are part of the Development Code Update’s scope of work.
Proposal:
Options for Board discussion include:
• Eliminate the prohibition on wind signs in the Municipal Code.
• Allow wind signs on a temporary basis under the Temporary Signs regulations of
the Municipal Code (Section 17.66.070(c)).
• Leave the wind sign prohibition as currently written and reevaluate through the
Development Code Update process.
• Modify the Municipal Code to permit wind signs with certain restrictions, such as:
o Permitting wind signs only in non-residential zoning districts outside of the
Commercial Downtown (CD) zoning district.
o Allowing only one wind sign per property.
o Requiring that wind signs be located at least 10 feet away from any public
road or public sidewalk.
o Allowing only certain types of wind signs, like feather flags and/or regular
flags.
Advantages:
• Relaxing the rules prohibiting wind signs would give businesses more advertising
opportunities.
Disadvantages:
• Wind signs can be visually impactful and distracting. The level of impact can be
mitigated with thoughtful regulations on allowed signs (e.g. limiting the number of
signs per property, requiring those signs to be located a certain distance outside
of the public right of way, and/or prohibiting wind signs in certain high-density
zoning districts like the Commercial Downtown zone).
Action Recommended:
Town Board discussion of the options listed above.
Finance/Resource Impact:
None.
Level of Public Interest:
High
Attachments:
1. Wind Sign Examples
Wind Sign Examples
Feather Flags
Flags
Attachment 1
Inflatables/Air Dancers
Sign with Balloons
Standing Sign with Spring Base
To The Estes Park Town Board of Trustees,
I am writing to request the removal and modification of the prohibition on wind signs as outlined
in the current Municipal Code. Allowing wind signage for businesses under certain
circumstances would be beneficial in attracting customers and enhancing visibility.
The economic impact of past construction projects has been significant, and many businesses are
still struggling to recover. By removing the prohibition on wind signage, the Town would
demonstrate its support for local businesses during this challenging time.
Delaying the review of the wind sign prohibition until the new Development Code Update is
completed would be a mistake. This process could take too long and would not adequately
address the immediate needs of our community. The proposed change regarding wind signage is
a specific issue that has been initiated by local businesses and deserves prompt consideration and
modification.
I believe that allowing wind signs is a sensible and practical approach to support our local
economy.
Thank you for your attention to this matter.
Sincerely,
Brian Denning,
PUBLIC COMMENT RECEIVED ON 8/12/2025