HomeMy WebLinkAboutbocc.res.107.2010 CONTRACT # .0 - --;a/o
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, AUTHORIZING AN AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION, CONERNING ADDITIONAL FUNDING FOR THE STABILIZATION
AND RESTORATION OF THE HISTORIC REDSTONE CO E OVENS
RESOLUTION NO. /67 -2010
WHEREAS the Board of County Commissioners of Pitkin County (BOCC) is committed to the
preservation of the historic Redstone Coke Ovens; and
WHEREAS Pitkin County and consulting engineering firm, JVA, Inc., have prepared final
Drawings and Project Specifications for the Redstone Coke Ovens Stabilization and Restoration
Project; this project entails the Stabilization of 45 -51 and Restoration of three of the historic
Redstone Coke Ovens, at an estimated total cost of $788,469 to $866,367 (depending on the
number of ovens stabilized).
WHEREAS Pitkin County applied for and was awarded a National Scenic Byways Grant from
the Federal Highways Administration (FHWA) to help fund the Restoration portion of the
project; this grant requires a 20% local match. These funds break down as follows:
• $113,100 National Scenic Byway grant
• $25,428 is cash match by Pitkin County
• $3,700 is in -kind match by Pitkin County
• $500 is cash match by the West Elk Loop Scenic and Historic Byway
WHEREAS the BOCC has already entered into an Intergovernmental Agreement with the
Colorado Department of Transportation (CDOT) to use Transportation Enhancement
Grant funds (also awarded by FHWA) for the Stabilization portion of this project; this
grant requires a 20% local match. These funds break down as follows:
• $413,000 is Transportation Enhancement grant
• $103,250 is cash match by the County
WHEREAS the County has also been offered $143,089 in federal American Recovery and
Reinvestment Act (ARRA) funds, which will be administered via IGA with CDOT; this
grant does not require a local match.
WHEREAS the property owner, Pitkin County, along with the Pitkin County Historic
Preservation Officer, the Aspen Valley Land Trust, the Colorado Department of
Transportation, the Redstone Historical Society, and the Redstone Caucus are in full
support of this project; and
WHEREAS the BOCC has already authorized expenditure of Park Dedication Fees to meet the
required cash matches for this project.
NOW THEREFORE BE IT RESOLVED:
The BOCC approves Contract Amendment #1 to the Intergovernmental Agreement between the
County and CDOT regarding funding for the Redstone Coke Ovens Stabilization and Restoration
Project.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON August 11, 2010.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON August
15, 2010
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON August 25, 2010
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON - S - 76/D.
ATTE`T: BOARD OF COUNTY COMMISSIONERS
I
B ' I. / _ By - 4 _
Jean - e ones / George Newma , Chai
Dep (1 County Clerk
Date: F /j„13Ia.Gl v
APPROVED AS TO FORM: MANAGER APPROVAL
-1 - 'a
Jo 3 E , Co • • ttorney Hilary Fl her, County Manager
STATE OF COT ,OR ADO
COLORADO DEPARTMENT OF TRANSPORTATION
Contracts ann M
d Market rket Branch
Analysis Branch
�..+ David A. Wells, Contracting Officer
4201 East Arkansas Avenue, 4 Floor West
Denver, Colorado 80222
Telephone: (303) 757 -9480
September 8, 2010
Pitkin County
Attn: Crystal Yates - White— Land Manager
76 Service Center Road.
Aspen, CO 81611
Subject: Amendment #1 to add ARRA Funds of $143,090.01
ARRA Federal Stimulus Project IGA Project # ES3 C570 -017 (17493)
Redstone Coke Ovens Project Original Contract # 10 HA3 07097
AMD #1 Routing # 11 HA3 20092 (PO# to be determined after Fed Authorization)
Dear Crystal,
Enclosed, please find one (1) "original" copy of the above referenced IGA AMD #1 bringing in
the ARRA Funds and County Overmatch.
Federal Authorization of the 80 % Participating Enhancement Funds, and 100% ARRA funds
are not yet authorized, and as such, the Purchase Order to encumber funds will be added via
Option Letter in the very near future.
On behalf of CDOT, thank you to Pitkin County and especially to you Crystal for all of your
support in the execution of this project.
Please call me at (303) 757 -9480 if you have any questions or if I can be of further assistance.
Best R;:. ds,
I ,l / i"
David . Wells,
CDOT Contracting Officer
g
(FMLAWRK)
PROJECT ES3 C570 -017 (17493) AMD #1 ROUTING # 11 HA3 20092
REGION 3 / (DAW) PO # 331000300
CONTRACT AMENDMENT #1
THIS CONTRACT made thisj`' day of 040 ,t�10, by and between the State of Colorado for the
use and benefit of the Colorado Department of Transportation hereinafter referred to as the State, and,
PITION COUNTY, 76 Service Center Rd, Aspen, Colorado 81611 CDOT Vendor # 2000077 hereinafter referred
to as the "Contractor" or the "Local Agency."
FACTUAL RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for this Project as set forth below; and,
2. Required approval, clearance, and coordination has been accomplished from and with appropriate agencies;
and,
3. The Parties entered into the original contract dated January 21, 2010, Contract Routing Number
10 HA3 07097 known hereafter as "the Basic Contract ";
4. The Basic Contract is an Intergovernmental Agreement between the State and the Local Agency
on former Project # STE 570 -017 (17493) consisting of the construction and rehabilitation of the Coke
Ovens near the Town of Redstone in Pitkin County Colorado as more specifically described in the original
contract Exhibit A, CDOT Form 463, referred to as the "Project" or the "Work." Such Work will be
performed in Pitkin County, Colorado; and,
5. The Basic Contract is still in effect and provides for changes to its terms and conditions by written
supplement or contract amendment; and,
6. The Parties also now desire to amend the Basic Contract by adding additional Federal ARRA Funding in the
amount of $143,089.00 and Local Agency Overmatching Funds in the amount of $133,482.00 to the
Construction Phase by replacing Section 4 Project Funding Provisions to the Basic Contract, and replacing
EXHIBIT C of the Basic Contract, (Pages 1 and 2 ) in their entirety, with the revised EXHIBIT C -1
FUNDING PROVISIONS for a new estimated encumbrance amount of $792,821.00 and to add ARRA
provisions with the attached Exhibit K, ARRA Provisions; and
7. The Parties enter into this Amendment pursuant to the provisions of Colorado Revised Statutes
Sections 24 -30 -1401 et seq., Section 43 -1 -106, and Section 43 -1 -110, as amended.
Page 1 of 3
NOW THEREFORE, it is hereby agreed that:
�... Consideration for this Amendment consists of the payments that shall be made pursuant to this Amendment and the
promises and agreements herein set forth.
1. This Amendment is supplemental to the Basic Contract, which is, by this reference, incorporated herein and
made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are
to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein.
2. The Basic Contract is and shall be modified, altered, and changed in the following respects only:
Total funds for this contract are hereby increased by $143,089.00 in Federal ARRA Funding and increased by
$133,482.00 in Local Agency Overmatching Funds as referenced in the Exhibit C -1 attached hereto and incorporated
herein by this reference.
a. Recital 1 is hereby modified to read:
RECITAL I
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available
and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency
costs in Fund Number: 400, Functions: 3301, GL Acct: 231200011, WBS Element: 17493.20.10
Contract Encumbrance Amount: $792,821.00
b. Section 4 Project Funding Provisions is hereby modified to read:
Section 4. Project Funding Provisions
The maximum amount payable to the Local Agency under this contract shall be $556,089.00.
The Local Agency has estimated the total cost of the Work and is prepared to provide its match share of the cost, as
evidenced by an appropriate ordinance/resolution or other authority letter which expressly authorizes the Local Agency
the authority to enter into this contract and to expend its match share of the Work. A copy of such ordinance/resolution
or authority letter is attached to the original contract as Exhibit B.
The funding provisions for the Project are attached hereto as Exhibit C -1. The Local Agency shall provide its share
of the funds for the Project as outlined in Exhibit C -1.
c. Exhibit C of the original basic contract is hereby replaced by the Exhibit C -1 attached hereto and
incorporated herein by this Amendment #1.
d. Exhibit K, ARRA Provisions are hereby added to the original Basic Contract, which is attached
hereto, and incorporated herein by this Amendment #1.
The total contract value to include all previous amendments & option letters shall not exceed $792,821.00
Page 2 of 3
SIGNATURE PAGE
*we THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
STATE OF COLORADO:
LOCAL AGENCY: BILL RITTER, JR., GOVERNOR
BY: 4.1,1A0-16 416- I (o--
PITIZLN COUNTY for the Executive Director
Legal Name of Contracting Entity Colorado Department of Transportation
2000077
CDOT Vendor Code
/ '/ A oC r LEGAL REVIEW:
}yl i a' JOFLN W. SUTIIERS, ATTORNEY GENERAL
S cure of Authoriz Officer Y/
7 4 e/i • l: C� By " !� • ‘ekl t
Print Name & Title of Authonzed Officer
LOCAL AGENCY: t
(A Local Agency kti., tation is ream ed.)
d( SEAL R
r-
Attest (Seal) By: / _ G • . _ & ter' o�:A °.
Tow I /City / Count Clerk (Place Loca Agency Seal here, if available.)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins
prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
DAVID RMOTT, CPA
By:
Date: 14 N
Page3of3
EXHIBIT C - FUNDING PROVISIONS ES3 0570 -017 (11493)
A. The Local Agency has estimated the total cost the Work to be $792,821.00 which is to be
funded as follows:
1 BUDGETED FUNDS
a. Federal Funds Enhancement $413,000.00
(80% of Participating Costs)
Local Agency Matching Funds Enhancement
b. (20% of Participating Costs) $103,250.00
Total Participating Funds $516,250.00
c. Federal ARRA Funding (100 %) $143,089.00
d. Local Agency Overmatch $133,482.00
TOTAL BUDGETED FUNDS $792,821.00
2 ESTIMATED CDOT- INCURRED COSTS
a. Federal Share $0.00
(80% of Participating Costs)
b. Local Share $0.00
(20% of Participating Costs)
Local Agency Share of Participating Costs $0.00
Non- Participating Costs (Including Non -
N ' Participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT- INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (la) + (1c) $556,089.00
b. Less Estimated Federal Share of CDOT- Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $556,089.00
FOR CDOT ENCUMBRANCE PURPOSES
a. Federal Funds Budgeted (la) + (1c) $556,089.00
b. L A Matching Funds Enhancement (1 b) $103,250.00
c, LA Overmatching Funds $133,482.00
Total Encumbrance Amount 792,821.00
Net to be encumbered as follows: $o.00
WBS Element 17492.10.30 Design 3020 $o.00
WBS Element 17492.20.10 Const 3301 $792,821.00
.Y•
Total Encumbrance This Contract $792,821.00
Exhibit C -1 — Page 1 of 2 1
B. The matching Enhancement Funds ratio for the federal participating funds for this project is
80% Federal -Aid funds to 20% Local Agency funds, it being understood that such ratio
applies only to the $516,250.00 that is eligible for federal participation, it being further
understood that all non - participating costs are borne by the Local Agency at 100 %.
ARRA Funding is 100% Federal funds, in the amount of $143,089.00
If the total participating cost of performance of the Work exceeds $516,250.00, and
additional Enhancement federal funds are made available for the project, the Local Agency
shall pay 20% of all such Enhancement 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 $516,250.00, then the amounts of Local Agency and Federal -Aid
participating funds will be decreased in accordance with the funding ratio described herein.
The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be $556,090.01
(For CDOT accounting purposes, the federal Enhancement funds of $413,000.00 and Federal
ARRA funds of $143,089.00, local Enhancement matching funds of $103,250.00, and Local
%sr Overmatch of $133,482.00 will be encumbered for a total encumbrance of $792,821.00),
unless such amount is increased by an appropriate written modification to this contract
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 contract, 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.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency sources,
as applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur
as a result of such termination.
s
Exhibit C -1 — Page 2 of 2
EXHIBIT K
American Recovery and Reinvestment Act of 2009 (ARRA) Provisions
A. Reporting
The Local Agency will report to CDOT on a monthly basis on the 1 of every month as identified on the
FHWA ARRA website at:
http: / /www.fhwa. dot .gov /economicrecovery /index.htm and
http: / /www.fhwa. dot. gov/ economicrecovery /guidancelist.htm
The Local Agency shall use FHWA Form 1589 and report on the following categories:
• Contractors and Subcontractors including Utility Companies, on project by name
• Contractor and Subcontractor including Utility Companies ARRA information
• Number of Contractor's, Subcontractor's and Utility's Employees
• Consultants and Subconsultants on project by name
• Consultant and Sub - consultant ARRA Information
• Number of Consultant's and Sub - consultant's Employees
• Number of hours for all Local Agency, Contractor / Subcontractor, Consultant / Sub - consultant,
Utilities employees and total number of hours worked per month
• Hourly "unloaded" Payroll totals for each Local Agency, Contractor / Sub - contractor, Consultant /
Sub - consultant and Utilities employees for the month
The Local Agency will review all ARRA project reporting information for reasonableness, and copy submitted
reports monthly to the CDOT Regional Local Agency Coordinator: Tim Frazier tim .a.frazieradot.state.co.us ,
and to the CDOT Programs Unit, attn: Janie Valdez at : Programs.ProiectAnalysisdot.state.co.us
dot.state.co.us
rrr B. CDOT has identified additional specifications and guidance on the CDOT ARRA website at
http: / /www.dot.state.co.us /arra The Local Agency shall receive directions on all applicable ARRA
specifications by the CDOT Project Manager identified in Section 16 of this agreement.
C. All billing must be completed by September 30, 2015 to be eligible for the Federal ARRA reimbursement.
It is strongly suggested by CDOT that the Local Agency submits all bills for the Federal ARRA funds by
April 30, 2015.
D. The Local Agency is encouraged by CDOT to use the ARRA information signs. Contact the Project
Manager identified in Section 16 for details.
E. All general questions about the Federal ARRA not related to a specific project should be directed to Janie
Valdez in the Contracts & Market Analysis Branch at Programs. ProjectAnalysis (c�dot.state.co.us
Project specific questions should be directed to the CDOT Project Manager identified in Section 16 of this
agreement. (Representatives & Notice)
F. Guidance for Congressman Oberstar's Committee on Transportation and Infrastructure reporting can be
found in the "Transparency & Accountability Guidance" section at: http: / /transportation.house.gov
Page 1 of 5
EXHIBIT K
Supplemental Provisions for
Contracts, Grants, and Purchase Orders Using Funds
Provided under the
American Recovery and Reinvestment Act of 2009
As of 8 -21 -09
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with
ARRA 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. "ARRA" means the American Recovery and Reinvestment Act of 2009, (Public Law 111 -5).
1.2. "ARRA Funds" means any funds that are expended or obligated from appropriations made under ARRA.
1.3. "ARRA Project" means a project or program funded directly by or assisted, in whole or in part, by ARRA Funds.
1.4. "Contract" means the contract to which these Supplemental Provisions are attached and includes a grant contract or a loan
contract.
1.5. "Contracting Entity" means a Prime Recipient, a Sub - recipient, or a Recipient Vendor.
1.6. "Contractor" means the party or parties to the Contract other than the Prime Recipient and includes a grantee, sub - grantee,
or a borrower. For purposes of ARRA reporting, Contractor is either a Sub - recipient or a Recipient Vendor under this
Contract.
vi, 1.7. "Entity" means a governmental body; legally recognized for profit or nonprofit business organization, such as a
corporation, limited liability company, or partnership; or sole proprietor and excludes individual recipients of Federal
assistance.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282).
1.9. "Prime Recipient" means a Colorado State Agency or Institution of Higher Education that receives ARRA Funds d
from a Federal Agency in the form of a grant, loan, or cooperative agreement.
1.10. "Subcontractor" means an Entity engaged by Contractor to provide goods or perform services in connection with this
contract.
1.11. "Sub - recipient" means a non - Federal Entity receiving ARRA Funds through a Prime Recipient to support the performance
of the ARRA Project for which the ARRA Funds were awarded. A Sub - recipient is subject to the terms and conditions of
the Federal award to the Prime Recipient, including program compliance requirements. The term "Sub - recipient" includes
and may be referred to as Sub - grantee.
1.12. "Supplemental Provisions" means these Supplemental Provisions for Contracts and Grants Using 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 Agency or Institution of Higher Education.
1.13. "Vendor" means a dealer, distributor, merchant or other seller providing goods or services required for a project or
program funded by ARRA. A Vendor is not subject to all the terms and conditions of the Federal award, and all program
compliance requirements do not pass through to a Vendor. However, a Vendor may be subject to selected program
compliance requirements. See §22 of these Supplemental Provisions.
.0a 1.13.1 "Recipient Vendor" means a Vendor that receives ARRA Funds from a Prime Recipient.
1.13.2 "Sub- recipient Vendor" means a Vendor that receives ARRA Funds from a Sub - recipient.
Page 2 of 5 /0
EXHIBIT K
2. Compliance. Contractor shall comply with all applicable provisions of ARRA 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. ARRA Contracts and Subcontracts. Contractor shall include these Supplemental Provisions in all of its contracts and
subcontracts using ARRA Funds, in whole or in part, and shall provide written notification of revisions hereto to all parties to such
contracts or subcontracts in accordance with §2 above. Contractor shall ensure that all subcontractors comply with applicable
provisions of ARRA.
4. Debarred or Suspended Entities. Contractor shall not enter into any contract or subcontract in connection with this Contract with
a party that has been debarred or suspended from contracting with the Federal Government or the State of Colorado. See
Excluded Parties List System at https: / /www.epls.eov /.
5. Conflict of Laws. In the event of a conflict between the laws of the State of Colorado or these Supplemental Provisions and
ARRA, ARRA shall control.
6. Whistle Blower Protection. ARRA §1553. Contractor shall not discharge, demote or otherwise discriminate against an employee as a
reprisal for disclosures by the employee of information that the employee reasonably believes is evidence of: (a) gross mismanagement
of a contract or grant relating to ARRA Funds; (b) a gross waste of ARRA Funds; (c) a substantial and specific danger to public health
or safety related to the implementation or use of ARRA Funds; (d) an abuse of authority related to implementation or use of ARRA
Funds; or (e) a violation of law, rule, or regulation related to a contract, including the competition for or negotiation of a contract or
grant, awarded or issued relating to ARRA Funds. Contractor shall post a notice of the rights and remedies available to employees under
ARRA § 1553 in all workplaces where employees perform work that is funded in whole or in part by money authorized under the
ARRA. A sample notice can be found at www. recovery .eov / ?o= content/whistleblower- information. Contractor specifically
acknowledges that Contractor and its employees are aware of and shall abide by the provisions of ARRA § 1553. Contractor shall
include the language and requirements of this subsection ( "Whistleblower Protection under § 1553 of the ARRA ") in all of its contracts
++� and agreements with employees, subcontractors and anyone else who performs work on behalf of Contractor.
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7. False Claims Act. 31 U.S.C. § 0729 -3733. Contractor shall refer promptly to an appropriate Federal Inspector General any
credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor or other person has committed a false
claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving ARRA funds.
8. Reporting of Fraud, Waste, and Abuse. Contractor shall also refer promptly to the Colorado Office of the State Controller
(OSC) any credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor, or other person has
committed a criminal or civil violation of laws pertaining to fraud, waste, and abuse involving ARRA Funds. The OSC shall report
such incidents of misconduct to the appropriate State Agency and appropriate Federal authority. Contact information for reporting
fraud, waste, and abuse to the OSC is located at http : / /www.colorado.eov /dna/dfp /sco /contracts /ARRA/ARRA Main Paee.htm
9. Inspection of Records. ARRA § §902, 1515. Contractor shall permit the United States Comptroller General and his or her
representatives or any representative of an appropriate Inspector General appointed under §3 or §8G of the Inspector General Act
of 1978, as amended (5 U.S.C. App.) to: (a) examine any records of the Contractor or any of its Subcontractors that directly
pertain to, and involve transactions relating to this Contract or any contract or subcontract using ARRA Funds; and (b) interview
any officer or employee of Contractor or any of its Subcontractors regarding such transactions. Contractor shall permit the State of
Colorado, the Federal Government or any other duly authorized agent of a governmental agency with jurisdiction to audit, inspect,
examine, excerpt, copy and/or transcribe Contractor's or such Subcontractor's records during the term of this Contract and for a
period of three years following termination of this Contract or final payment hereunder, whichever is later, to assure compliance
with these terms or to evaluate Contractor's performance hereunder.
10. Wage Rate Requirements — Davis -Bacon Wage Determinations. ARRA §1606. Contractor and its Subcontractors shall pay all
laborers and mechanics employed on ARRA Projects by Contractor or any of its Subcontractors at wage rates not Tess than those
•• prevailing on projects of a character similar in the locality, as determined by the United States Secretary of Labor in accordance
with Subchapter IV of Chapter 31 of Title 40 of the United States Code. The Secretary of Labor's determination regarding the
prevailing wages applicable in Colorado is available at htt p:// www.epo.eov /davisbacon/co.html.
Page 3 of 5
EXHIBIT K
•
11. Job Opportunity Posting Requirements. Governor's Executive Order D 01409. Contractor shall post notice of job openings
created by ARRA funded projects on the Colorado Department of Labor and Employment job website,
http : / /www.connectingcolorado.com. In the performance of this duty, Contractor and any of its Subcontractors shall post jobs on
Connecting Colorado Job Site that clearly designates the job opening as an ARRA job in a form and manner prescribed by the
Colorado Department and Labor and Employment.
12. Buy American Requirement - Construction. ARRA §1605. All iron, steel and manufactured goods used in any ARRA Project
for the construction, alteration, maintenance, or repair of a public building or public work shall be produced in the United States in
a manner consistent with United States obligations under international agreements. This requirement can be waived only by the
awarding Federal Agency in limited situations.
13. Environmental and Preservation Requirements. ARRA §1609. Contractor shall comply with all applicable Federal, State, and
Local environmental and historic preservation requirements and shall provide any information requested by the awarding Federal
Agency to ensure compliance with applicable laws, including National Environmental Policy Act, as amended (42 U.S.C. 4321-
4347) and National Historic Preservation Act (16 U.S.C. 470 et seq.).
14. Non - discrimination. Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000d et
seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), Title IX of the Education Amendments of 1972 (20
U.S.C. 1681 - 1688), the Age Discrimination Act of 1975 (42 U.S.C.6101- 6107), and other civil rights laws applicable to recipients
of Federal fmancial assistance.
15. Identification and Registration Information. If Contractor is a Sub - recipient, Contractor shall obtain a Dun & Bradstreet DUNS
number (or update the existing DUNS record), and register with the Central Contractor Registration (CCR), the primary registrant
database for the Federal government.
16. Fixed Price — Competitively Bid. ARRA §1554. Contractor, to the maximum extent possible, shall award subcontracts as fixed -
price subcontracts under this Contract using competitive bid procedures. Contractor shall provide to its Contracting Entity a
summary of any contract or subcontract awarded using ARRA Funds that is not fixed -price or not awarded using competitive
procedures.
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17. Publication. Contractor shall include the Colorado Recovery logo on all project signage, and is encouraged, to the maximum
extent possible, to use the logo on all other publications in connection with the activities funded by the Prime Recipient that use
ARRA funds.
18. Prohibition on Use of Funds. ARRA §1604. ARRA funds shall not be used for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
19. Enforceability. If Contractor fails to comply with all applicable Federal and State requirements governing the use of ARRA
funds, the State of Colorado may withhold or suspend, in whole or in part, funds awarded under the ARRA project, or recover
misspent funds following an audit pursuant to §9, above. The remedy under this provision shall be in addition to all other remedies
provided to the State of Colorado for recovery of misspent funds available under all applicable State and Federal laws.
20. One Time Funding. Contractor acknowledges and understands that ARRA Projects will not be continued with funds appropriated
by the State of Colorado after ARRA Funds are expended or are no longer available.
21. Segregation of Costs. Contractor shall segregate obligations with respect to and expenditures of ARRA Funds from other sources
of funding. ARRA Funds shall not be comingled with any other funds or used for a purpose other than the payment of costs
allowable under ARRA.
22. Reporting. §1512, FFATA §2. Contractor shall report to its Contracting Entity the data elements required in §23 if Contractor is
a Sub - recipient or in §24 if Contractor is a Recipient Vendor. 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 § §23 and 24 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.
Page4of5 /9-
EXHIBIT K
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 as well as reporting templates for Subrecipients and
Recipient Vendors at: httn : / /www.colorado.vov /dpadfp /sco /contracts /ARRA/ARRA Main Page.htm
23. Sub - recipient Reporting If Contractor is a Sub - recipient, Contractor shall report to its Contracting Entity as set forth below.
23.1 Initial Reporting. A Sub - recipient shall report the following data elements to its Contracting Entity upon the effective date
of the contract:
23.1.1 Sub - recipient DUNS Number
23.1.2 Congressional District of Sub - recipient
23.1.3 Primary Place of Performance Information, including: Street Address, State, Country, City, Zip code + 4
23.1.4 Sub - recipient Officers' Names (Top 5) if all three criteria are met:1) 80% or more of Sub - recipient's annual gross
revenue is from Federal contracts, 2) Sub - recipient's annual gross revenue from Federal contracts is $25 million or
more, and 3) Sub - recipient's officer names are not publicly available. See page 19 of Recipient Reporting Data Model
V3.0 for Quarter Ending September 30, 2009 at
http: / /www.colorado.gov /dpa/dfp /sco/ contracts /ARRA/ARRA_Main_Page.htm.
23.1.5 Sub - recipient Officers' Total Compensation (Top 5) if criteria in §23.1.4 met
23.2 Monthly Reporting. A Sub- recipient shall report to its Contracting Entity no later than the 25` day of each
month the following inception -to -date data elements as of the end of the prior month:
23.2.1 Job Creation Narrative for both the Sub - recipient and the Sub - recipient's Vendors
23.2.2 Number of Jobs Created or Retained for both the Sub - recipient and the Sub - recipient's Vendors
23.2.3 Sub -Award number or other identifying number assigned by the Sub - recipient to each Sub - recipient Vendor (this
number cannot be a personal identifying number such as a social security number or federal employer identification
number)
23.2.4 Vendor name and Zip code + 4 of Vendor's Headquarters for each Sub - recipient Vendor; the Sub - recipient Vendor's
DUNS number may also be provided if available
23.2.5 Sub - recipient shall establish reporting deadlines for its Sub - recipient Vendors.
ir• 24. Recipient Vendor Reporting A Recipient Vendor shall report to its Contracting Entity no later than the 25' day of each month
the following inception -to -date data elements as of the end of the prior month:
24.1.1 Job Creation Narrative •
24.1.2 Number of Jobs Created or Retained
25. 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 remedy will be in addition to any other remedy available to the State of Colorado
under the Contract, at law or in equity.
26. Reporting Framework — see chart below.
Federal
Prime Recipient
Sub-recipient /_ Recipient Vendor
Sub- recipiint Vendor
END OF ARRA PROVISIONS
Page 5 of 5
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IGA OPTION LETTER # 1
Ite: /64 State Fiscal Option Letter No. 1 CLIN Routing # 11 HA3 23143
( f� 2010 Year: 2011 PO # 271001257
Local Agency Name: PITKIN COUNTY CDOT Vendor #2000077
ARRA PROJECT # ES3 C570 -017 (17493)
Redstone Coke Ovens Restoration
A. SUBJECT: OPTION TO UPDATE FUNDING
1. The State hereby exercises the option to add construction phasing to encumber funding.
Exhibit C -2 is attached with this option letter and is labeled Exhibit C -2.
(Future changes for this option shall be labeled as follows: C -3, C -4 etc.)
B. REQUIRED PROVISIONS.
In accordance with the terms of the original basic contract # 10 HA3 07097 executed on
January 21, 2010, and Amendment #1 Routing # 11 HA3 20092 executed on September 8, 2010
between CDOT and Pitkin County, the State hereby exercises the option to add construction
phasing as specified in Section 25. OPTION LETTERS Exhibit E, of the original contract.
The Exhibit C -2 is made part of the original contract and replaces Exhibits C and C -1.
The current Fiscal Year contract amount from Amendment #1 is now encumbered via this
Option Letter for a new encumbrance amount of $792,821.00. The new contract value of
$792,821.00 to satisfy services/goods ordered under the contract for the current fiscal year 2011.
Recital 1 is hereby modified accordingly.
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project
and Local Agency costs in Fund Number 400, Function 3301, GL Acct. 4231200011,
WBS Element 17493.20.10,
Contract Encumbrance Amount: $792,821.00
Section 4 Project Funding Provisions is hereby modified accordingly:
Section 4. Project Funding Provisions
The maximum amount payable to the Local Agency under this contract shall be $556,089.00
The total contract value to include all previous amendments, option letters, etc. is $792,821.00
Page 1 of 2 Pages
/y
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is
later.
APPROVALS:
State of Colorado:
Bill Ritt Jr., loverTL
By: croak
For The Executive Director
Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED 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. McD ott, CPA
By:
Date: I (4 //O
Page 2 of 2 Pages
A. The Local Agency has estimated the total cost the Work to be $792,821.00 which is to be
funded as follows:
1 BUDGETED FUNDS
a. Federal Funds Enhancement $413,000.00
(80% of Participating Costs)
Local Agency Matching Funds Enhancement
b . (20% of Participating Costs) $103,250.00
Total Participating Funds $516,250.00
c. Federal ARRA Funding (100 %) $143,089.00
d. Local Agency Overmatch $133,482.00
TOTAL BUDGETED FUNDS $792,821.00
2 ESTIMATED CDOT- INCURRED COSTS
a. Federal Share $0.00
(80% of Participating Costs)
b. Local Share $0.00
(20% of Participating Costs)
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
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (la) + (1c) $556,089.00
b. Less Estimated Federal Share of CDOT- Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $556,089.00
FOR CDOT ENCUMBRANCE PURPOSES
a. Federal Funds Budgeted (1 a) + (lc) $556,089.00
b. L A Matching Funds Enhancement (1b) $103,250.00
c. LA Overmatching Funds $133,482.00
Total Encumbrance Amount 792,821.00
Net to be encumbered as follows: $0.00
WBS Element 17492.10.30 Design 3020 Moo
WBS Element 17492.20.10 Const 3301 $792,821.00
Total Encumbrance This Contract $792,821.00
Exhibit C - Page 1 of 2 Pages
/6
.
B. The matching Enhancement Funds ratio for the federal participating funds for this project
is 80% Federal -Aid funds to 20% Local Agency funds, it being understood that such ratio
applies only to the $516,250.00 that is eligible for federal participation, it being further
understood that all non - participating costs are borne by the Local Agency at 100 %.
ARRA Funding is 100% Federal funds, in the amount of $143,089.00
If the total participating cost of performance of the Work exceeds $516,250.00, and
additional Enhancement federal funds are made available for the project, the Local
Agency shall pay 20% of all such Enhancement 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 $516,250.00, then the amounts of Local Agency
and Federal -Aid participating funds will be decreased in accordance with the funding
ratio described herein. The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be
$556,090.01 (For CDOT accounting purposes, the federal Enhancement funds of
$413,000.00 and Federal ARRA funds of $143,089.00, local Enhancement matching
funds of $103,250.00, and Local Overmatch of $133,482.00 will be encumbered for a
total encumbrance of $792,821.00), unless such amount is increased by an appropriate
written modification to this contract 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 contract, 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.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency
sources, as applicable. Should these sources, either federal or Local Agency, fail to
provide necessary funds as agreed upon herein, the contract may be terminated by either
party, provided that any party terminating its interest and obligations herein shall not be
relieved of any obligations which existed prior to the effective date of such termination or
which may occur as a result of such termination.
Exhibit C -2 Page 2 of 2 Pages
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