26.10.12 PSA DOT Bus PurchasePO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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STATE OF COLORADO AMENDMENT (2)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Agreement Performance Beginning Date
February 20, 2024
Subrecipient
Town of Avon
Current Agreement Expiration Date
July 31, 2028
Original Subaward Agreement Number
24-HTR-ZL-00264
Current Fund Expenditure End Date
July 31, 2028
Amendment Subaward Agreement Number
24-HTR-ZL-00264-M0002
Subaward Agreement Amount
Initial Term Original Agreement $970,000.00
Amendment #1 – Extension $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
Town of Avon
By: ________________________
Eric Heil, Town Manager
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: Keith Stefanik P.E., Chief Engineer
Date: __________________
2nd State or Subrecipient Signature if needed
By: ___________________________
Name: ________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement 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: 5CFEB328-52E8-890E-8233-A5501304681B
10/12/2026 10/12/2026
10/12/2026
PO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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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 in 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 to July 31, 2028, 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 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 is hereby deleted and replaced with the Current Fund
Expenditure End Date on the Signature and Cover Page for this Amendment.
C. Exhibit A.1 is hereby deleted in its entirety and replaced with Exhibit A.2.
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: 5CFEB328-52E8-890E-8233-A5501304681B
PO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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Exhibit A.2 – STATEMENT OF WORK AND BUDGET
Project
Description*
2023 FTA 5339a_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 July 31, 2028
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.
**If the FAIN and/or Federal Award Date are not available at the time of execution of this Subaward
Agreement, the information will be maintained in COTRAMS, CDOT’s transit awards management
system, as well as at https://www.codot.gov/programs/grants, and will be provided there to Town of
Avon once obtained. If the FAIN and/or Federal Award Date are provided above, the information will
also be made available at https://www.codot.gov/programs/grants.
***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 vehicle(s) (Capital Asset(s))::
ALI QTY Fuel Type Description FTA Amount
11.12.02 1 Hybrid STD Bus_ 35 FT $776,000
The Capital Asset(s) being purchased is/are replacing the following existing fleet vehicles:
VIN Fleet ID COTRAMS
Inventory Year Model Make
15GGB301471077856 855 INV-00004797 2007 LF35 HEV (G30B) GIL - Gillig
Corporation
Docusign Envelope ID: 5CFEB328-52E8-890E-8233-A5501304681B
PO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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B. Performance Standards
1. Project Milestones
2. Town of Avon shall attend a Post-award Kick-off Meeting with CDOT staff. The CDOT
Project Manager will schedule the Post-award Kick-off Meeting to be held no later than
thirty (30) calendar days after the Effective Date of this Subaward Agreement. The
Post-award Kick-off Meeting will include, at a minimum, the following:
a. Review of this Subaward Agreement, including project milestones and
performance standards;
b. Discussion of anticipated procurement(s), including required federal clauses
and certifications; and
c. Discussion of relevant federal requirements, including, but not limited to, Buy
America Act (BAA), Americans with Disabilities Act (ADA), Title VI, and
Disadvantaged Business Enterprise.
3. 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.
4. Performance will be reviewed throughout the duration of this Subaward Agreement.
Town of Avon shall report 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.
5. 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.
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
01/13/2026
Submit Procurement Authorization (PA) and solicitation docs CDOT Project
Manager for Approval
02/03/2026
Take Delivery of (First) Vehicle/Equipment/Project Property 04/30/2028
Take Delivery of and Accept All Vehicles/Equipment/Project Property 04/30/2028
Submit Reimbursement Request in COTRAMS 06/30/2028
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: July 31, 2028.
Docusign Envelope ID: 5CFEB328-52E8-890E-8233-A5501304681B
PO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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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 Subaward 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.
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)
for each procurement to be undertaken in this project.
2. The second step, and prior to soliciting a vendor, will be to obtain Procurement Concurrence
Request (PCR) approval from the CDOT Project Manager through COTRAMS for each
procurement to be undertaken in this project. The request for PCR approval must include a
copy of the proposed solicitation documents and the ICE.
3. The third step, and prior to entering into a purchasing agreement or contract with the
selected vendor, will be to obtain Purchase Authorization (PA) approval from the CDOT Project
Manager through COTRAMS for each procurement to be undertaken in this project. The request
for PA approval must include a copy of the final solicitation documents (e.g. documented
quote, quick bid, response(s) to RFP/IFB). 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 approved 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 shall contact the vendor to resolve any defects and notify CDOT.
5. Town of Avon shall be responsible for reimbursing the selected vendor(s) within forty-five (45)
calendar days after acceptance of the Capital Asset(s).
E. Allowable Costs
Town of Avon shall agree to adhere to the provisions for allowable and unallowable costs cited in the
following regulations: 2 CFR 200.420 through 200.476; Chapter VI of FTA Circular 5010.1 Master
Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102. Other applicable requirements for cost
allowability not cited previously shall also be considered.
Docusign Envelope ID: 5CFEB328-52E8-890E-8233-A5501304681B
PO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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F. 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 within the period of
performance of this Subaward Agreement.
Accepted reimbursement packets will include the following completed documents:
• Invoice
• Proof of Payment
• 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
• Post Delivery Certifications
Town of Avon shall submit the final request for reimbursement within forty-five (45) 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 receipt of the final reimbursement payment from CDOT.
G. 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 useful life in years refers to total time in transit revenue
service, not time spent stockpiled or otherwise unavailable for regular transit use. The 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 vehicles, higher cost of fuel, and changes in local law limiting where
vehicles can be operated are not exemptions from useful life requirements.
Minimum useful life is the minimum number of years or miles, whichever comes first, that must be
accumulated in revenue service before the Capital Asset(s) can be disposed of, in accordance with
Chapter IV of FTA Circular 5010.1.
FTA maintains its share of the federal interest of the Capital Asset(s) both before the minimum useful
life has been met and for a fair market value greater than $10,000 after the minimum useful life has
been met, per the provisions of Chapter IV of FTA Circular 5010.1. Federal interest in the Capital
Asset(s) is maintained until the Capital Asset(s) is permanently removed from revenue service and/or
disposed of.
Town of Avon shall not dispose of or otherwise release the Capital Asset(s) to any other party while
there is federal interest in the Capital Asset(s) without prior approval from the CDOT Project 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 to allow
CDOT to process the disposition and the release of any lien(s).
CDOT and Town of Avon will work in conjunction with the Department of Revenue to ensure any lien(s)
is released according to state rules.
H. Training
To enhance transit safety, Town of Avon and any subrecipients and contractors shall make a good faith
effort to ensure that appropriate training of agency and contracted personnel is occurring and that
personnel are up to date on 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.
Docusign Envelope ID: 5CFEB328-52E8-890E-8233-A5501304681B
PO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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I. Safety Data
Town of Avon and any subrecipients shall maintain and submit, as requested, data related to bus
safety. 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.
J. Restrictions on Lobbying
Town of Avon is certifying that it complies with 2 CFR 200.450 by entering into this Subaward
Agreement.
K. 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 shall permit CDOT and their auditors to have access to Town of Avon’s
records and financial statements as necessary, with reasonable advance notice.
3. Town of Avon shall comply with the record retention requirements outlined in 2 CFR
200.334 and FTA Circular 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 shall not 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 shall 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.
8. Town of Avon shall advertise its service as available to the general public and shall not
explicitly limit service by trip purpose or client type.
9. Town of Avon shall comply with FTA Drug and Alcohol Regulations, to include on time
submission to FTA’s Drug and Alcohol Management Information System (DAMIS).
10. Town of Avon shall ensure subrecipients and/or contractors (if any) comply with FTA
Drug and Alcohol Regulations.
11. Town of Avon shall comply with and accept all applicable terms and conditions
contained in the U.S. Department of Transportation FTA Master Agreement dated
November 26, 2025 (Master Agreement), or any amendments thereto.
12. 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.
13. 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 FTA Circular 4702.1, “Title
VI Requirements and Guidelines for FTA Recipients.” Town of Avon shall also facilitate
FTA’s compliance with Executive Order 14173, “Ending Illegal Discrimination and
Restoring Merit-Based Opportunity.”
Docusign Envelope ID: 5CFEB328-52E8-890E-8233-A5501304681B
PO# / SRM#: 491003548
Amendment Routing #: 24-HTR-ZL-00264-M0002
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14. Town of Avon shall 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.
15. Town of Avon shall ensure that it does or 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 develop and maintain an Americans with Disabilities Act (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.
17. Town of Avon shall agree to maintain documentation that supports compliance with the
ADA and produce said documentation to CDOT upon request.
18. Town of Avon shall adopt a Transit Asset Management Plan that complies with
regulations implementing 49 U.S.C. § 5326(d). Town of Avon shall maintain and report
annually to the National Transit Database (NTD) all required financial, service, and/or
performance data related to the Capital Asset(s).
19. 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.
20. Town of Avon agrees that any incidental use (e.g. meal or package delivery) of the
Capital Asset(s) shall not reduce the quality or availability of its regular public
transportation service.
Docusign Envelope ID: 5CFEB328-52E8-890E-8233-A5501304681B