HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2011 - RESOLUTION 2011-040 AUTHORIZING THE MAYOR TO EXECU DATE: May 3, 2011 '
STAFF: Rick Richter • • •
Resolution 2011-040 Authorizing the Mayor to Execute an Amendment with the Town of Windsor and The Colorado
Department of Transportation to Add Funding to the Design of the Interstate 25/State Highway 392 Interchange
Project.
EXECUTIVE SUMMARY
The City of Fort Collins and the Town of Windsor have collaborated to plan and design the 1-25/SH-392 Interchange
Project. Amending the Intergovernmental Agreement (IGA) will allow for the completion of the final design phase,
moving the project into the construction phase to be managed by the Colorado Department of Transportation(CDOT).
This Resolution approves an amendment to the IGA, adding $92,000 to the original $1,768,523 approved in the
contract. CDOT will then reimburse the City for these expenditures.
BACKGROUND/ DISCUSSION
The Fort Collins City Council and the Windsor Town Board held five joint work sessions to discuss the 1-25 and State
Highway 392 Interchange Improvements, System Level Study(1601 Process), and design. The System Level Study
for this interchange was approved by the CDOT Transportation Commission on January 21, 2009. This approval,
along with a signed IGA, has allowed the Project to move into the final design phase. The accelerated design process
for this Project was completed in January 2010. The accelerated design process made this Project"shovel ready,"
thereby enhancing the possibility of obtaining funding for construction.
The design followed the intent of the guiding principles adopted by the City Council and the Town Board in August
2008; specifically the community character guiding principle that states: "The 1-25/392 Interchange is an important
gateway feature for both Fort Collins and Windsor. It is viewed as Fort Collins' southern gateway and the main
gateway into the Town of Windsor. The design of the interchange, sensitivity to viewsheds and associated land
development shall enhance the gateway concept."
The total construction and right-of-way cost for the Project is estimated at $27.5 million. On May 20, 2010, the
Colorado Transportation Commission authorized the allocation of$20 million for the construction of the Interchange.
CDOT had previously identified$2.5 million of state FASTER funds to be used for right of way acquisition. The funding
gap of$5 million has been met by the local communities.
In February 2009, City Council and the Windsor Town Board approved an IGA with CDOT, indentifying $1,768,523
for the design of the Interchange. The City and the Town of Windsor contracted with AECOM Consultants to complete
the design of the Interchange. CDOT has identified an additional $92,000 to complete the required bid documents
and support the bidding process. This Council action will amend this IGA by adding the additional funds.
Construction of the Interchange is planned to begin in July 2011.
FINANCIAL / ECONOMIC IMPACTS
The final design is being completed and funds have been identified for construction. The approval of the amendment
to the IGA will allow the final design elements to be completed and the project will be ready for construction. The
additional design funding in the amount of$92,000 is available from CDOT, subsequent to the signed amendment to
the IGA. The total cost of the design will be funded by CDOT; no local match is required.
May 3, 2011 -2- ITEM 20
ENVIRONMENTAL IMPACTS
One of the guiding principles adopted by Council in 2008 (Resolution 2008-080), states:
Environmental Sustainability/Resource Protection:Ensure that interchange improvements occur
in such a way that it minimizes environmental impacts to the greatest extent possible and protects
the physical and natural environment in and around the interchange including but not limited to the
Fossil Creek Reservoir Area.
Subsequently, the City of Fort Collins and Town of Windsor have jointly agreed that the Project will mitigate wetland
impacts at a 3:1 ratio, this meaning that the estimated 0.4 acres of impacts from the Project will be mitigated with the
creation of 1.2 acres of new wetlands. The cost of the mitigation will be borne by the City. The City will be reimbursed
for up to$165,000 of that cost from PIF revenues.
The Project will have a positive impact on long-term air quality. The Design Team has estimated that adding sidewalks
and bike lanes and improving the traffic flow will increase the number of people walking and biking and reduce delays
along SH-392 (Carpenter Road).
The utility portion of the Project includes improvements to stormwater quality with the installation of facilities to remove
suspended solids and hydrocarbon contaminants from roadway drainage prior to discharge into receiving waters.
The Interchange improvement will result in congestion reduction of 15 million fewer vehicle hours of travel resulting
in $168 million in savings through 2035. Over 14 million gallons of fuel will be saved through year 2035 as a result of
improved traffic flow.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
ATTACHMENTS
1. Location map
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RESOLUTION 2011 -040
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF WINDSOR
AND THE COLORADO DEPARTMENT OF TRANSPORTATION
TO ADD FUNDING TO THE DESIGN OF THE
INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE PROJECT
WHEREAS , the Interstate 25/State Highway 392 Interchange ("Interchange") , located at
Exit 262 , borders the western limits of the Town of Windsor ("Town") and the southeastern limits
of the City of Fort Collins ("City") ; and
WHEREAS , the City and the Town have worked cooperatively to finalize the design plan
for improvements to the Interchange (the "Plan") and to identify sufficient funding to finance the
construction of those improvements ; and
WHEREAS , on February 3 , 2009, the City Council adopted Resolution 2009-010 approving
an intergovernmental agreement between the City, the Town, and CDOT that identified the scope
of work for the design and designated how the design contract will be managed (the "Design IGA") ;
and
WHEREAS , the City Council has previously appropriated funds, from a CDOT grant, in the
amount of $ 1 ,768 ,523 with $ 1 ,692, 104 allocated for the engineering work on the Design IGA and
$75 ,000 allocated for staff time managing the engineering work (the "Staff Management Share") ;
and
WHEREAS, the City, the Town, and CDOT have, at the request of CDOT, subsequently
increased the scope of work, resulting in an increase of $92 ,000 to the cost of the Design IGA; and
WHEREAS , the City Council has appropriated an additional $70 ,000 for the implementation
of the Design IGA through the adoption of Ordinance No . 116 , 2010 , which funding was provided
to the City by CDOT to pay for the increased scope of work in the Design IGA; and
WHEREAS , the additional $22 ,000 will be available through savings in the staff
Management Share ; and
WHEREAS , the City, the Town, and CDOT have negotiated a proposed amendment to the
Design IGA (the "Amendment") a copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference ; and
WHEREAS , the City Council has determined that it is in the best interests of the City to
amend the original Design IGA.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute an amendment to the original Design IGA
to add $92,000 in funding to be provided by CDOT in the support of the Plan.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of May A.D. 2011.
Mayor
ATTEST:
City Clerk
EXHIBIT A
CONTRACT AMENDMENT
Amendment #1 Original Contract CMS #09 HA4 00078 CMS # 11 HA4 29252
Project # IM 392A-012 16639 PO# 271000945
1) PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is
entered into by and between The City of Fort Collins, CDOT Vendor#2000023 and The Town of
Windsor, CDOT Vendor#2000340 (hereinafter called "The Local Agency"), and the STATE OF
COLORADO (hereinafter called the "State") acting by and through the Department of Transportation,
(hereinafter called "CDOT").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado
State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to
pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or
expenses incurred, or be bound by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Original Basic Contract#09 HA4 00078 dated February 171h, 2009
to provide engineering services to the City of Fort Collins and the Town of Windsor for the SH 392/1-
25 interchange reconstruction. Design funds totaling $1,768,523.00 have been encumbered under the
Basic Contract. The parties now desire to add FY 11 Federal and State Participating funds increasing
the total contract value by $92,000.00 to a new contract total of $1,860,523.00.
4) CONSIDERATION-COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other good
and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree
to replacing the Colorado Special Provisions with the most recent version (if such have been updated
since the Contract and any modification thereto were effective) as part consideration for this
Amendment. If applicable, such Special Provisions are attached hereto and incorporated by reference
herein .
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto, if any, remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS.
The Amendment and all prior amendments thereto, if any, are modified as follows:
a. Exhibit C-1
Exhibit C to the Basic Contract shall be removed and replaced in its entirety by Exhibit C-1
attached hereto and incorporated herein by this reference. All references in the Basic Contract
to Exhibit C shall be removed and replaced by Exhibit C-1.
b. Section 19 Modification and Amendment
Section 19 Modification and Amendment to the original Basic Contract shall be removed and
Replaced in its entirety by the Section 19—Option Letters Modification hereto and
incorporated herein by this reference.
Option Letters may be used to extend Agreement terms, change the level of service within the current
term due to unexpected overmatch, add a phase without increasing contract dollars, or increase or
decrease the amount of funding. These options are limited to the specific scenarios listed below. The
Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate.
Following are the applications for the individual options under the Option Letter form:
Page 1 of 10
Option 1- Level of service change within current term due to unexpected overmatch
in an overbid situation only.
In the event the State has contracted all project funding and the Local Agency's construction bid is
higher than expected, this option allows for additional Local Overmatch dollars to be provided by
the Local Agency to be added to the contract. This option is only applicable for Local Overmatch
on an overbid situation and shall not be intended for any other Local Overmatch funding. The State
may unilaterally increase the total dollars of this contract as stipulated by the executed Option
Letter (Exhibit D), which will bring the maximum amount payable under this contract to the amount
indicated in Exhibit C-1 attached to the executed Option Letter (future changes to Exhibit C shall
be labeled as C-2, C-3, etc, as applicable). Performance of the services shall continue under the
same terms as established in the contract. The State will use the Financial Statement submitted by
the Local Agency for "Concurrence to Advertise" as evidence of the Local Agency's intent to award
and it will also provide the additional amount required to exercise this option. If the State exercises
this option, the contract will be considered to include this option provision.
Option 2—Option to add overlapping phase without increasing contract dollars.
The State may require the Local Agency to begin a phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to
Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions
stated in the original contract with the contract dollars remaining the same. The State may exercise
this option by providing a fully executed option to the Local Agency within thirty (30) days before
the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the
State exercises this option, the contract will be considered to include this option provision.
Option 3 - To update funding (increases and/or decreases) with a new Exhibit C.
This option can be used to increase and/or decrease the overall contract dollars (state, federal,
local match, local agency overmatch) to date, by replacing the original funding exhibit (Exhibit C)
in the Original Contract with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be
labeled C-2, C-3, etc). The State may have a need to update changes to state, federal, local match
and local agency overmatch funds as outlined in Exhibit C-1, which will be attached to the option
form. The State may exercise this option by providing a fully executed option to the Local Agency
within thirty (30) days after the State has received notice of funding changes, in a form
substantially equivalent to Exhibit D. If the State exercises this option, the contract will be
considered to include this option provision.
c. Exhibit K
FFATA Federal Provisions attached hereto and incorporated herein by this reference are hereby
added to the Basic Contract.
Supplemental Federal Provisions will be to the Basic Contract by adding the following:
Section 24 Federal Requirements
The 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 listing of certain
Page 2 of 10
federal and state laws that may be applicable are described in Exhibit J (Section 37) and Exhibit K
(Section 38 - Supplemental Federal Provisions).
d. Section 25
Special Provisions dated January 1, 2009 attached hereto and incoporated herein by
this reference are hereby added to the Basic Contract.
e.Section 26
Statewide Contract Management System — hereto and incorporated herein by this reference is
hereby added to the Basic Contract.
-STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either
on the Effective Date or at anytime thereafter, this §21 applies.
The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-
206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on
state agreements/contracts and inclusion of agreement/contract performance information in a statewide
contract management system.
The Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms
and conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules,
Policies and Guidance. Evaluation and Review of the Local Agency's performance shall be part of the
normal Agreement administration process and the Local Agency's performance will be systematically
recorded in the statewide Agreement Management System. Areas of Evaluation and Review shall
include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the
performance of the Local Agency's obligations under this Agreement shall be determined by the specific
requirements of such obligations and shall include factors tailored to match the requirements of the Local
Agency's obligations. Such performance information shall be entered into the statewide Contract
Management System at intervals established herein and a final Evaluation, Review and Rating shall be
rendered within 30 days of the end of the Agreement term. The Local Agency shall be notified following
each performance Evaluation and Review, and shall address or correct any identified problem in a timely
manner and maintain work progress.
Should the final performance Evaluation and Review determine that the Local Agency demonstrated a
gross failure to meet the performance measures established hereunder, the Executive Director of the
Colorado Department of Personnel and Administration (Executive Director), upon request by CDOT, and
showing of good cause, may debar the Local Agency and prohibit the Local Agency from bidding on
future Agreements. The Local Agency may contest the final Evaluation, Review and Rating by: (a) filing
rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-
102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided
in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and
reinstatement of the Local Agency, by the Executive Director, upon showing of good cause.
7) START DATE
This Amendment shall take effect upon the date of the State Controller's Signature.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction
between the provisions of this Amendment and any of the provisions of the Contract, the provisions of
this Amendment shall in all respects supersede, govern, and control. The most recent version of the
Special Provisions incorporated into the Contract or any amendment shall always control other
provisions in the Contract or any amendments.
9) AVAILABLE FUNDS
Page 3 of 10
Financial obligations of the state payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, or otherwise made available.
Section 25 SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL.CBS§24-301202(1).This contract shall not be valid until it has been approved by the Colorado State Controller or
designee. •
2. FUND AVAILABILITY.CRS§24-30.202(5.5).Financial obligations of the Slate payable after the current fiscal year are contingent upon funds for
that purpose being appropriated,budgeted,and otherwise made available.
3. GOVER-NAIENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the
immunities,nghts,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act,CRS§24-10-101 et seq.,or the Federal Tort Claims
Act,28 U.S.C.§§l346(b)and 2671 et seq.,as applicable now or hereafter amended.
4. 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 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.Unemployment insurance benefits will be available to Contractor and its employees and agents only if such
coverage is made available by Contractor or a third party.Contractor shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this contract 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 shall(a)provide and keep in force workers'compensation and unemployment compensation
insurance in the amounts required by law,(b)provide proof thereof when requested by the State,and(e)be solely responsible for its acts and those of its
employees and agents.
5. COMPLIANCE WITH LAW.Contractor shall strictly 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.
6. CHOICE OF LAW.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.Any
provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or
available in any action at law,whether by way of complaint,defense,or otherwise.Any provision rendered null and void by the operation of this provision
shall not invalidate the remainder of this contract,to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.The State of Colorado does not agree to binding arbitration by any extra-judicial body or person.Any
provision to the contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00.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 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.
9. EMPLOYEE FINANCIAL LNTEREST/CONFLICT OF INTEREST.CRS§§24-18-201 and 24-50.507.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.
10. VENDOR OFFSET.CRS§§24.30-202(])and 24-30-202.4.[Not Applicable to intergovernmental agreements/Subject to CRS§24-30-202.4(3.5),the State
Controller may withhold payment under the State's vendor offset intercept systern for debts owed to State agencies for:(a)unpaid child support debts or child support
arrearages;(b)unpaid balances of tar,accrued interest,or other charges specified in CRS§39-21-101,et seq.:(e)unpaid loans due to the Student Loan Division of the
Department of Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State as a result of
final agency determination orjudieial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS§8-17.5-101. [Not Applicable to agreements relating to the offer,issuance,or sale of securities,investment
advisory services or fund management services,sponsored projects,intergovernmental agreements,or information technology services or products and services/
Contractor certifies,warrants.and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm
the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract.through participation in the E-
Venfy Program or the Department program established pursuant to CRS§8-17.5-102(5)(c).Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract.Contractor(a)shall not use E-Verifv Program or Department program procedures to undertake pre-
employment screening of jab applicants while this contract is being performed.(b)shall notify the subcontractor and the contracting State agency within three days if
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,(e)shall terminate the subcontract if
a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply,with reasonable requests
made in the course of an investigation,undertaken pursuant to CRS§8-1 Z5402(5),by the Colorado Department of labor and Employment.If Contractor participates in
the Department program, Contractor shall deliver to the contracting State agency, Institution of,Higher Education or political subdivision a written, notarized
affirmation, affirming that Contractor has examined the legal work status of such employee,and shall comply with all of the other requirements of the Department
program If Contractorfiails to comply with anv requirement of this provision or CRS§8-17.5-101 et seq.,the contracting State agency,institution of higher education or
political subdivision may terminate this contract for breach and,if so terminated.Contractor shall be liable for damages.
Page 4 of 10
12. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-765-10t.Contractor,if a natural person eighteen(18)years of age or older,hereby swears
and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the
provisions of CRS§24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS§24-76.5-103 prior to the effective date of this contract.
Revised 1.1-09
Signature Page— Project No. IM 392A-012/(16639)
Town of Windsor STATE OF COLORADO
John W. H Hickenlooper, GOVERNOR
By: Department of Transportation
Title:
By:
Pamela Hutton,CDOT Chief Engineer
City of Fort Collins
By:
Title:
Leqal Review
John W. Suthers, Attorney General
By:
Signature — Attorney General's Office
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract 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 Contractor begins performing prior thereto, the State of Colorado is not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By:
Department of Transportation
Date:
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EXHIBIT C— 1 FUNDING PROVISIONS
Cost of Work Estimate
The Local Agency-has estimated the total cost the Work to be $1,860,523.00 which is to be funded
as follows:
1 BUDGETED FUNDS
a. Federal Funds $1,437,878.00
(91.21% of Participating Costs)
b. State Matching Funds $138,570.00
(8.79% of Participating Costs)
c•'Overmatching State Contribution (100%) $284,075.00
TOTAL BUDGETED FUNDS $1,860,523.00
2 ESTIlVIATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(10%of Participating Costs)
b. Local Agency
Local Agency Share of Participating Costs $0.00
Non-Participating Costs (Including Non-
Participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
c
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal & State Participating Funds $1,576,448.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
c. State Contributions (100%) $284,075.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,860,523.00
FOR CDOT ENCUMBRANCE PURPOSES
$0.00
$0.00
Net to be encumbered as follows: $1,860,523.00
WBS Element 1663= Design 13020 $1,860,523.00
WBS Element 16639.20.101 Const 13301 $0.00
Page 6 of 10
Matching Funds
The matching ratio for the federal participating funds for this Work is 91.21% federal-aid funds
(CFDA #20 2050) and 8.79% State Funds, it being understood that such ratio applies only to the
$1,437,878.00 that is eligible for federal participation, it being further understood that all
non-participating costs are borne by the Local Agency at 100%. If the total participating cost of
performance of the Work exceeds $1,437,878.00 and additional federal funds are made available
for the Work, the Local Agency shall pay 0% of all such costs eligible for federal participation and
100% of all non-participating costs; if additional federal funds are not made available, the Local
Agency shall pay all such excess costs. If the total participating cost of performance of the Work is
less than $1,437,878.00 then the amounts of State and federal-aid funds will be decreased in
accordance with the funding ratio described herein.
Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $1,860,523.00
(For.CDOT accounting purposes, the federal funds of $1,437,878.00 Local Agency matching funds
of $0, and State funds of $138,570.00 and State Overmatching Contribution of $284,075.00 will be
encumbered for a total encumbrance of $1,860,523.00), unless such amount is increased by an
appropriate written modification to this Agreement executed before any increased cost is incurred.
It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore
is the best estimate available, based on the design data as approved at the time of execution of
this Agreement, and that such cost is subject to revisions (in accord with the procedure in the
previous sentence) agreeable to the parties prior to bid and award.
Single Audit Act Amendment
All state and local government and non-profit organization Sub-The Local Agencys receiving more
than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act
Amendment purposes, shall comply with the audit requirements of OMB Circular A-133 (Audits of
States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R. 18.20 through
18.26. The Single Audit Act Amendment requirements applicable to Sub-The Local Agencys
receiving federal funds are as follows:
Expenditure less than $500,000
If the Sub-The Local Agency expends less than $500,000 in Federal funds (all federal sources,
not just Highway funds) in its fiscal year then this requirement does not apply.
Expenditure exceeding than$500,000-Highway Funds Only
If the Sub-The Local Agency expends more than $500,000 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.
Expenditure exceeding than $500,000-Multiple Funding Sources
If the Sub-The Local Agency expends more than $500,000 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.
Independent CPA
Single Audit shall onlv be conducted by an independent CPA, not by an auditor on staff.An
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EXHIBIT K
State of Colorado
Supplemental Provisions for
Contracts, Grants, and Purchase Orders for Federal Funds received
pursuant to the Federal Funding Accountability and Transparency Act (FFATA) of 2006
and 2008 Amendments As of October 1, 2010
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in
whole or in part, with 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 does not include cooperative research and development agreements
(CRDA)pursuant to the Federal Technologv Transfer Act of 1986.as amended(15 U.S.C. 3710a)).
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,or
1.1.10. Other financial assistance transactions that authorize the non-Federal Entities' expenditure of Federal
Funds.
Award does not include:
1.1.11. Technical assistance, which provides services in lieu of money;
1.1.12. A transfer of title to Federally-owned property provided in lieu of money,even if the award is called a
grant:
1.1.13. Anv classified award;or
1.1.14. 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(Pub. L. 111-5)
1.2. "Central Contractor Registration(CCR)"means the Federal repository into which an Entity must provide
information required for the conduct of business as a recipient.
1.3. "Data Universal Numbering Svstem(DUNS)Number" means the nine-digit number established and assigned by
Dun and Bradstreet,Inc.to uniquely identify business entities.
1.4. "Entity"means all of the following as defined at 2 CFR part 25.subpart C;
1.4.1. A governmental organization,which is a State,local government,or Indian Tribe,
1.4.2. A foreign public entity,
1.4.3. A domestic orforeien non-profit organization.
1.4.4. A domestic or foreign for-profit organization,and
1.4.5. A Federal Agency,but only a subrecipient under an award or subaward to a non-Federal entity.
1.5. "Subaward"means a legal instrument to provide support for the performance of any portion of the substantive
project or program funded by federal funds to a Prime Recipient that a Prime Recipient awards to a Subrecipient.
1.6. "Contract"means the contract to which these Supplemental Provisions are attached and includes all award tvves in
1.7. "Contractor"means the party or parties to the Contract other than the Prime Recipient and includes a grantee,
subgrantee, Subrecipient,or a borrower. For purposes of FFATA reporting,Contractor is either a Subrecipient or a
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Vendor under this Contract.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006(Public Law 109-282) Also
referred to as the"Transparency Act."
1.9. "Prime Recipient"means a Colorado State Agencv or Institution of Higher Education that receives federal funds
directly from a Federal Agencv in the form of an award in &1.1.
1.10. "Subrecipient" means a non-Federal Entitv 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 Sub rae ntee.
1.11. "Supplemental Provisions"means these Supplemental Provisions for Contracts.Grants, and Purchase Orders
using Federal funds except those funds provided under the American Recovery and Reinvestment Act of 2009.as
may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado Agencv or Institution
of Higher Education.
1.12. "Total Compensation"means the cash and noncash dollar value earned by the executive during the Prime
Recipient's or Subrecipient's preceding fiscal Year and includes the followin;
1.12.1. Salary and bonus,
1.12.2. Awards of stock.stock options,and stock appreciation rights. This amount shall equal 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,
1.12.3. Earnings for services under non-equity incentive plans. This does not include group life,health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are
available generally to all salaried employees.
1.12.4. Change in pension value,this amount shall equal the change in present value of defined benefit and
actuarial pension plans,
1.12.5. Above-market earnings on deferred compensation which is not tax-qualified,and
1.12.6. 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.
"Vendor"means a dealer,distributor, merchant or other seller providing goods or services required for a project or
program funded by Federal funds. A Vendor is not subiect to all the terms and conditions of the Federal award, and
all program compliance requirements do not pass through to a Vendor.
2. Compliance.Contractor shall comply with all applicable provisions of the Transparence 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. Central Contractor Registration(CCR)and Data Universal Numbering System(DUNS)Requirements.
3.1. CCR-Contractor shall maintain the currency of its information in the CCR until the Contractor submits the
final financial report required under this award or receives final payment, whichever is later. Contractor
shall review and update the CCR 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 its information
in Dun&Bradstreet at least annually after the initial registration,and more frequently if required by
changes in its information.
4. Total Compensation—Contractor shall include total compensation in CCR for each of its five most highly compensated
executives for the preceding completed fiscal year if:
4.1. the total Federal funding authorized to date under this award is$25.000 or more,and
4.2. in the preceding fiscal year.Contractor received:
4.2.1. 80 percent or more of its annual gross revenues from Federal procurement contracts and
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subcontracts and Federal financial assistance 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 Federal financial assistance subject to the Transparency Act, and
4.3. the ublic does not have access to information about the compensation of the 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 section 6104 of the Internal Revenue Code of 1986.
5. Reporting.Contractor shall include data elements in its CCR and report to its Prime Recipient Entitv the data elements
required in §7 if Contractor is a Subrecipient for the award types of grants,contracts,and cooperative agreements(which
does not include cooperative research and development agreements(CRDA)pursuant to the Federal Technology Transfer
Act of 1986. as amended(15 U.S.C. 3710a). No direct payment shall be made to Contractor for providing any reports
required under these Supplemental Provisions,as the cost of producing such reports shall be deemed included in the
Contract price. The reporting requirements in §7 are based on guidance from the US Office of Management and Budget
(OMB), and as such are subiect 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. The State may provide written
notice to Contractor of any such change in accordance with§2 above,but such notice shall not be a condition precedent to
Contractor's duty to comply with revised OMB reporting requirements.The Colorado Office of the State Controller shall
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 reporting requirements in §7 apply for new Federal grants,
contracts,and cooperative agreements(except CRDA)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
subiect 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 continues to be
subiect to the reporting requirements.
7. Subrecipient Reporting Requirements.If Contractor is a Subrecipient,Contractor shall report as set forth below.
7.1 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR:
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 Officers' Names of top 5 highly compensated officials if the criteria in§4 are met. _
7.1.6 Subrecipient Officers'Total Compensation of top 5 highly compensated officials if criteria in
§4 met
7.2 To Prime Contractor. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
contract, the following data elements:
7.2.1 Primary Place of Performance Information, including:Street Address,City,State,Country, Zip code+4,
and Congressional District.
8. Vendor—There are no Transparencv Act reporting requirements for vendors.
9. 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 notice period.This remedv will be in addition to anv other remedv available to
the State of Colorado under the Contract.at law or in equity.
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