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25.06.01-IGA CDOTPO# / SRM#: 491003548 Amendment Routing #: 24-HTR-ZL-00264-M0001 Page 1 of 7 STATE OF COLORADO AMENDMENT (1) SIGNATURE AND COVER PAGE State Agency Department of Transportation Agreement Performance Beginning Date February 20, 2024 Subrecipient Town of Avon Current Agreement Expiration Date June 30, 2027 Original Subaward Agreement Number 24-HTR-ZL-00264 Current Fund Expenditure End Date June 30, 2027 Amendment Subaward Agreement Number 24-HTR-ZL-00264-M0001 Subaward Agreement Amount Initial Term Original Agreement $970,000.00 Amendment #1 $0.00 Total for All Agreement Terms $970,000.00 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. Subrecipient Signature Town of Avon By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ 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. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Department of Transportation Effective Date:_____________________ Docusign Envelope ID: F8B6F3BD-F672-4419-89BC-9D789E10B41A Mayor 6/11/2025 Tamra N. Underwood Chief Engineer Keith Stefanik 6/11/2025 6/11/2025 PO# / SRM#: 491003548 Amendment Routing #: 24-HTR-ZL-00264-M0001 Page 2 of 7 1) PARTIES This Amendment (the “Amendment”) to the Original Subaward shown on the Signature and Cover Page for this Amendment (the “Subaward”) is entered into by and between the Subrecipient, and the State. 2) TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined i n the Subaward shall be construed and interpreted in accordance with the Subaward. 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 Subrecipient for any Work performed or expense incurred under this Amendment either before or after of 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 Subaward 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 Subaward. 4) PURPOSE The purpose for this Amendment is to extend the agreement and to revise the Statement of Work and Budget as described in Section 5 below. 5) MODIFICATIONS The Subaward and all prior amendments thereto, if any, are modified as follows: A. The Initial Agreement Expiration Date on the Grant Agreement’s Cover Page is hereby deleted and replaced with the Current Agreement Expiration Date shown on the Signature and Cover Page for this Amendment. B. The Fund Expenditure End Date on the Grant Agreement’s Cover Page is hereby deleted and replaced with the Current Fund Expenditure End Date shown on the Signature and Cover Page for this Amendment. C. Exhibit A of the Grant Agreement is hereby deleted and replaced with the attached Exhibit A.1. 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Subaward, and the Subaward and all prior amendments or other modifications to the Subaward, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Subaward, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Subaward or any prior modification to the Subaward, 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 Subaward to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Docusign Envelope ID: F8B6F3BD-F672-4419-89BC-9D789E10B41A PO# / SRM#: 491003548 Amendment Routing #: 24-HTR-ZL-00264-M0001 Page 3 of 7 EXHIBIT A.1, STATEMENT OF WORK AND BUDGET Project Description* 2023 FTA 5339R_Town of Avon_1 Bus Replace Federal Awarding Agency Federal Transit Administration (FTA) Federal Regional Contact Cindy Terwilliger Federal Award Date** To Be Determined Project End Date June 30,2027 FAIN** To Be Determined CFDA # 20.526 CFDA Title Bus and Bus Facilities Grants Program Subrecipient Town of Avon UEID # R9Q7L4C1QKK5 Contact Name James Shoun Vendor # 2000101 Address 100 Mikaela Way PO Box 975 Avon, CO 81620-0975 Phone # (970) 949-1338 Email jshoun@avon.org Indirect Rate N/A WBS*** 23-39-08033.AVON.111 ALI 11.12.02 Total Project Budget $970,000.00 Federal FTA-5339 Funds (at 80% or less) $776,000.00 Local Funds (at 20% or more) $194,000.00 Total Project Amount Encumbered via this Subaward Agreement $970,000.00 *This is not a research and development grant. **The Federal Award Date and FAIN are not available at the time of execution of this Subaward Agreement. This information will be maintained in COTRAMS, CDOT’s transit awards management system, and will be available upon request. *** The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Project Description Town of Avon shall use 2023 FTA-5339 funds, along with local matching funds, to purchase 1 bus as more fully described below. The purchase will support the goals of the Statewide Transit Plan. Town of Avon shall use capital funds to purchase the following ADA compliant vehicle: ALI QTY Fuel Type Description FTA Amount 11.12.02 1 Hybrid STD Bus_ 35 FT $776,000 The Capital Asset being purchased is replacing the following existing fleet vehicle: VIN Fleet ID COTRAMS Inventory Year Model Make 15GGB301471077856 855 INV-00004797 2007 LF35 HEV (G30B) GIL - Gillig Corporation Docusign Envelope ID: F8B6F3BD-F672-4419-89BC-9D789E10B41A PO# / SRM#: 491003548 Amendment Routing #: 24-HTR-ZL-00264-M0001 Page 4 of 7 B. Performance Standards 1. Project Milestones 2. Town of Avon shall use the Capital Asset(s) purchased in its transit operations and shall perform regularly recurring maintenance with specific performance measures tied to Town of Avon’s written maintenance plans, including manufacturer’s recommendations and warranty program(s). Town of Avon will measure whether this project is successful and improves the efficiency, effectiveness, and safety of transportation. 3. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Avon shall repo rt to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 4. Town of Avon must comply and submit all reimbursements and reports associated, including the assignment of “Colorado Department of Transportation” as the lienholder on the Capital Asset(s), as a condition of project closeout. C. Project Budget 1. The Total Project Budget is $970,000.00. CDOT will pay no more than 80% of the eligible, actual project costs, up to the maximum amount of $776,000.00. CDOT will retain any remaining balance of the federal share of FTA-5339 Funds. Town of Avon shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of $776,000.00 (80%) and matching Local Funds of $194,000.00 (20%), will be encumbered for this Subaward Agreement. 2. No refund or reduction of the amount of Town of Avon’s share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 3. Town of Avon may use eligible federal funds for the Local Funds share, but those funds cannot be from other Federal Department of Transportation (DOT) programs. Town of Avon’s share, together with the Federal Funds share, must be enough to ensure payment of the Total Project Budget. 4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this project. CDOT will administer Federal Funds for this project under the terms of this Suba ward Agreement, provided that the federal share of FTA funds to be administered by CDOT are made available and remain available. Town of Avon shall initiate and prosecute to completion all actions necessary to enable Town of Avon to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget. Milestone Description Original Estimated Completion Date Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for Approval 07/30/2025 Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager for Approval 08/30/2025 Take Delivery of (First) Vehicle/Equipment/Project Property 05/01/2027 Take Delivery of and Accept All Vehicles/Equipment/Project Property 05/01/2027 Submit Reimbursement Request in COTRAMS 06/01/2027 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must be completed no later than the expiration date of this Subaward Agreement: June 30, 2027. Docusign Envelope ID: F8B6F3BD-F672-4419-89BC-9D789E10B41A PO# / SRM#: 491003548 Amendment Routing #: 24-HTR-ZL-00264-M0001 Page 5 of 7 D. Procurement Procurement of the Capital Asset(s) will comply with state procurement procedures, the DTR Quick Procurement Guide, as well as FTA’s requirements and 2 CFR 200.320. In addition to the state requirements outlined below, state and FTA procedures (where applicable) for purchase of the Capital Asset(s) must be followed and will be outlined prior to purchase. 1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE). 2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project Manager through COTRAMS. 3. Prior to entering into a purchasing agreement with the selected vendor, Town of Avon shall request a Purchase Authorization (PA), and submit a vendor quote for the Capital Asset(s) in COTRAMS. The PA must identify a manufacturer found on the FTA’s certified transit vehicle manufacturer (TVM) list. Only those TVM’s listed on FTA’s TVM list, or that have submitted a goal methodology to FTA that has been approv ed or has not been disapproved, at the time of solicitation are eligible to bid on FTA funded vehicle procurements. 4. Upon delivery, Town of Avon shall be responsible for having the Capital Asset(s) inspected and accepted within fifteen (15) calendar days of delivery. If defects prevent acceptance of the Capital Asset(s), Town of Avon will contact the vendor to resolve any defects and notify CDOT. 5. Town of Avon shall be responsible for reimbursing the selected vendor within forty-five (45) calendar days after acceptance of the Capital Asset(s). E. Reimbursement Eligibility Requests for reimbursement for eligible project costs will be paid to Town of Avon upon submission of a complete reimbursement packet in COTRAMS for those eligible costs incurred during the Suba ward Agreement effective dates. Accepted reimbursement packets will include the following completed documents: ● Independent Cost Estimate (ICE) ● Procurement Concurrence Request (PCR) ● Purchase Authorization (PA) ● Signed Notice of Acceptance (NA) ● Signed Security Agreement (SA) ● Application for Title showing “Colorado Department of Transportation” as the lienholder ● Invoice ● Proof of Payment ● Post Delivery Certifications Town of Avon must submit the final invoice within sixty (60) calendar days of acceptance of the Capital Asset(s), and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement payment. F. Federal Interest-Service Life The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehic les, higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from minimum useful life requirements. Docusign Envelope ID: F8B6F3BD-F672-4419-89BC-9D789E10B41A PO# / SRM#: 491003548 Amendment Routing #: 24-HTR-ZL-00264-M0001 Page 6 of 7 FTA maintains its share of the remaining federal interest upon disposition of federally assisted property b efore the end of its useful life or for a value greater than $5,000 after the useful life has been met, according to the provisions of FTA C 5010.E1 Chapter IV(4)(o)(1). Minimum useful life is determined by years of service or accumulation of miles, whiche ver comes first, in accordance with FTA C. 5010.E1 Chapter IV(4)(f)(2). Town of Avon shall not dispose or otherwise release the Capital Asset(s) to any other party while there is federal interest in the Capital Asset(s) without approval from the CDOT Proje ct Manager. Town of Avon is responsible for making the request to the CDOT Project Manager in a timely manner, providing appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process the release of a lien. CDOT and Town of Avon will work in conjunction with Department of Revenue (DOR) to assure the lien is released according to state rules. G. Training In an effort to enhance transit safety, Town of Avon and any subrecipients and subcontractors shall make a g ood faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriate certifications. In particular, Town of Avon shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting older adults and individuals with disabilities. H. Safety Data Town of Avon and any subrecipients shall maintain and submit, as requested, data related to bus safe ty. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents, injuries, and incidents. I. Restrictions on Lobbying Town of Avon is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement. J. Special Conditions 1. Town of Avon will comply with all requirements imposed by CDOT on Town of Avon so that the federal award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award. 2. Town of Avon must permit CDOT and their auditors to have access to Town of Avon’s records and financial statements as necessary, with reasonable advance notice. 3. Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010.1. 4. Except as provided in this Subaward Agreement, Town of Avon shall not be reimbursed for any purchase, issued purchase order, or leased capital equipment prior to the execution of this Subaward Agreement. 5. Town of Avon cannot request reimbursement for costs on this project from more than one Federal Awarding Agency or other federal awards (i.e., no duplicate billing). 6. Town of Avon must obtain CDOT approval, in writing, if FTA funds are intended to be used for payment of a lease or for third-party contracts. 7. Town of Avon shall document any loss, damage, or theft of FTA- or state-funded property, equipment, or rolling stock in COTRAMS. Docusign Envelope ID: F8B6F3BD-F672-4419-89BC-9D789E10B41A PO# / SRM#: 491003548 Amendment Routing #: 24-HTR-ZL-00264-M0001 Page 7 of 7 8. If receiving FTA 5311 funding, Town of Avon shall advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 9. If receiving FTA 5311 funding, Town of Avon shall mainta in and report annually all information required by the National Transit Database (NTD) and any other financial, fleet, or service data. 10. If receiving FTA 5311 or 5339 funding, Town of Avon will ensure subcontractors and subrecipients comply with FTA Drug and Alcohol Regulations. 11. Town of Avon shall ensure that it does 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 in accordance with Title VI of the Civil Rights Act of 1964. 12. Town of Avon shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development, and public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration Recipients.” 13. Town of Avon will provide transportation services to persons with disabilities in accordance with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. 14. Town of Avon shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients. 15. Town of Avon shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Avon shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. 16. Town of Avon shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. 17. Town of Avon shall provide CDOT with an equity analysis if the project involves choosing a site or location of a facility in accordance with FTA Circular 4702.1B. 18. Town of Avon shall update its Agency Profile in COTRAMS with any alterations to existing construction or any new construction in accordance with FTA Circular 4710.1. 19. Town of Avon will adopt a Transit Asset Management Plan that complies with regulations implementing 49 U.S.C. § 5326(d). 20. Town of Avon shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR Part 26, and CDOT’s DBE program. 21. Meal delivery must not conflict with providing public transportation service o r reduce service to public transportation passengers. Docusign Envelope ID: F8B6F3BD-F672-4419-89BC-9D789E10B41A