HomeMy WebLinkAbout02-23-26 City Council Agenda PacketCITY OF WHEAT RIDGE, COLORADO
CITY COUNCIL ORIENTATION SESSION
Monday, February 23, 2026
5:00 p.m. – 6:30 p.m.
Location: Municipal Building, 7500 West 29th Avenue, Wheat Ridge, CO
Lobby Conference Room – In Person Only
NOTICE
This orientation session is for newly elected City Council members.
A quorum may be present.
No public business will be discussed, and no formal action will be taken.
This session is informational only.
AGENDA
1. Parks & Recreation Department Overview
2. Questions & Informal Discussion
3. Adjournment
Councilmembers will proceed to the Regular City Council Meeting at 6:30 p.m.
AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
Monday, February 23, 2026
6:30 p.m.
This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th
Avenue, Municipal Building, Council Chambers.
City Council members and City staff members will be physically present at the
Municipal building for this meeting. The public may participate in these ways:
1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to
speak upon arrival.
2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon
on February 23, 2026)
3. Virtually attend and participate in the meeting through a device or phone:
Click here to pre-register and provide public comment by Zoom (You must
preregister before 5:00 p.m. on February 23, 2026
4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or
YouTube Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings
sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary
aids and services leading to effective communication for people with disabilities,
including qualified sign language interpreters, assistive listening devices, documents
in Braille, and other ways of making communications accessible to people who have
speech, hearing, or vision impairments. To request auxiliary aid, service for effective
communication, or document in a different format, please use this form or contact
ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as
soon as possible, preferably 7 days before the activity or event.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
Study Session Notes, February 2, 2026
City Council Meeting Minutes, February 9, 2026
Special Study Session Notes, February 9, 2026
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
None
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the agenda for a maximum of 3 minutes
under Publics’ Right to Speak. Please speak up to be heard when directed by the
mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution, or Motion may speak when directed by the mayor at the conclusion
of the staff report for that specific agenda item.
c. Members of the Public may comment on any agenda item in writing by noon on
the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on
Wheat Ridge Speaks are considered part of the public record.
1. CONSENT AGENDA
a. Resolution No. 10-2026 – a resolution amending the 2026 Fiscal Year Open
Space Fund budget to reflect the approval of the supplemental budget
appropriation in the amount of $213,470 for the purpose of accepting grant
funds from the Urban Sustainability Directors Network
b. Resolution No. 11-2026 – a resolution amending the Fiscal Year 2026 Budget to
reflect the approval of a supplemental budget appropriation for the re-
appropriation and re-encumbrance of 2025 Fiscal Year encumbered funds in the
amount of $10,360,392
c. Resolution No. 12-2026 – a resolution authorizing the Mayor to execute an
Intergovernmental Agreement with the City of Arvada outlining management of a
Clear Creek Trail segment near Otis Street
d. Resolution No. 13-2026 – a resolution approving an Intergovernmental
Agreement (IGA) between the City of Wheat Ridge and the Colorado Department
of Transportation for the Tabor Street Multimodal Improvement project
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 03-2026 – an ordinance repealing Article IV of Chapter 11 of the
Wheat Ridge Code of Laws concerning amusement arcades and amusement
centers
3. Council Bill No. 04-2026 – an ordinance amending Chapter 7 of the Wheat Ridge
Code of Laws concerning write in candidate affidavits
ORDINANCES ON FIRST READING
None
DECISIONS, RESOLUTIONS, AND MOTIONS
4. Motion to approve appointments to Boards, Commissions, and Committees
5. Resolution No. 14-2024 – a resolution declaring City of Wheat Ridge support for
human dignity and civil rights for all
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURN TO SPECIAL STUDY SESSION
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CITY OF WHEAT RIDGE, COLORADO
STUDY SESSION NOTES
Hybrid Meeting
Monday, February 2, 2026
The study session was held both in person and virtually at 7500 West 29th
Avenue, Municipal Building, Council Chambers. Councilmembers and City
staff were present in the Council Chambers. Members of the public were
able to observe and participate either in person or virtually.
CALL TO ORDER
Mayor Korey Stites called the City Council Special Study Session of February 2, 2026, to
order at 6:30 p.m.
ATTENDANCE
Councilmembers present: Rachel Hultin, Dan Larson, Kathleen Martell, Scott Ohm, Mike
Okada, Patrick Quinn, Jenny Snell, and Susan Wood.
Also present: City Manager Patrick Goff, Deputy City Manager Marianne Schilling, City
Attorney Gerald Dahl, Community Development Director Lauren Mikulak, Planning
Manager Janna Easley, Senior Management Analyst Cole Haselip, and Interim Deputy City
Clerk Onorina Maloney.
PUBLIC COMMENTS ON AGENDA ITEMS
In person
Steve Shinn from Outfront Media, which owns seven of the 15 existing billboards along
the I-70 corridor, expressed interest in learning more about the proposed lottery process,
maximum height requirements, number of allowable conversions, and concerns about
the recommended one-mile spacing between billboards.
Page 2 of 7
Marcus Daniel from Mile High Outdoor supported the Colorado Department of
Transportation's (CDOT) spacing guidelines, which he described as fair but stringent. He
also expressed interest in the lottery system and suggested an alternative approach in
which each company could select one location.
Cliff Moak, General Manager of Lamar Advertising, echoed support for the previous
speakers' comments and expressed interest in hearing more about the lottery process.
Via Zoom
Jacob Aragon had signed up online to speak; however, he was not in attendance.
Wheat Ridge
No comments were submitted.
1. City Clerk Interviews
City Manager Goff explained that the City Clerk position has been vacant since the
previous clerk, Steve Kirkpatrick, passed away in 2025. A ballot measure to eliminate the
elected City Clerk position failed in the November election. The city received one
application for the position from Janeece Hoppe.
Ms. Hoppe provided a brief presentation explaining that she applied for the position to
ensure the City Clerk's office is set up for future success. She noted that the City Clerk
position is the only staff position mandated by state statute. She explained that while
most municipalities hire trained professionals with certifications like Certified Municipal
Clerk (CMC) or Master Municipal Clerk (MMC), Wheat Ridge is unique in having an
elected City Clerk.
Ms. Hoppe outlined her goals for the position over the next year and nine months:
1. Solidify roles between the City Clerk, Senior Deputy Clerk, and Deputy Clerk
2. Work with City Council on the future of the office
3. Set up professional firewalls to maintain the office's integrity
She emphasized her deep knowledge of the city, consensus-building skills, and
experience creating standard operating procedures. She stated her commitment to
ensuring the clerk's office would be fair, honest, and helpful to the community.
During questions, Ms. Hoppe clarified that her concept of "firewalls" involved creating
clear separation between elected and operational roles to ensure appropriate grievance
Page 3 of 7
processes for community members. She also discussed her interest in working with
high school seniors to engage them in the election process.
Council will vote on Ms. Hoppe's appointment at next Monday's regular meeting.
2. Digital Billboards and General Sign Code Amendments
Janna Easley, Planning Manager, presented on two related topics: digital billboards and
local sign amendments.
Digital Billboards
Janna Easley, Planning Manager, provided background on billboard regulation in Wheat
Ridge, noting that prior to 1991, billboards were unregulated. Currently, there are 15
static billboards in the city, with digital billboards prohibited. The billboard industry had
requested reconsideration of the digital billboard prohibition.
Ms. Easley showed maps of existing billboards along I-70 and I-76, including digital
billboards in neighboring Arvada. She presented information about modern digital
billboard technology, including light mitigation and automatic dimming capabilities. She
also explained spacing considerations, showing that the city's existing billboards are
clustered in four groups approximately one mile apart.
The lottery process was discussed as the most equitable method for selecting which
companies could convert their billboards to digital, given past legal challenges.
Council members raised several concerns and considerations:
• Potential light pollution near residential areas
• Visual distraction for drivers on highways
• Spacing requirements between digital billboards
• Potential benefits to the city, such as emergency notifications and public
messaging
After extensive discussion, Council reached consensus on allowing digital billboards
with the following parameters:
• 2,500-foot minimum distance between digital billboards, including
measurements from existing digital signage in adjacent jurisdictions
• Maximum of 4 single-sided conversions (no new billboards)
• 10-second minimum message hold time
• Regulations for light adjustment in residential-adjacent neighborhoods
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• 30-day period for billboard operators to negotiate an equitable distribution of
licenses before implementing a lottery system
• Some form of public benefit requirement to be researched by staff
General Sign Code Amendments
Ms. Easley presented five areas for sign code amendments to provide more flexibility
for local businesses:
1. Wall signs: Allow signs to face any direction rather than only public streets or
major internal drives, while maintaining the maximum total square footage.
2. Painted murals: Allow murals that include business-related imagery, addressing
content neutrality requirements.
3. Roof signs: Allow roof signs in cases where there is no other practical alternative
for signage.
4. Window signage: Allow window signs on exterior glass for spandrel windows that
cannot be accessed from inside.
5. Changeable copy signs: Clarify regulations for signs showing time, temperature,
fuel prices, and lottery amounts.
Council reached consensus to move forward with all of staff's recommendations on
these sign code amendments.
3. Draft 2026 Resident Survey
Haselip and Schilling presented the draft 2026 Resident Survey. Haselip explained this
would be the city's ninth resident survey and emphasized it's just one of many
community engagement opportunities the city provides.
The survey consists of two parts: a "consumer report card" section that remains
consistent year to year, allowing comparison with previous results and other
communities, and policy questions that change with each survey.
The survey's scientific methodology was explained, including random sampling, neutral
questions, representative data weighting, and transparency in reporting. The timeline
includes sending pre-survey postcards in March, surveys shortly after, and reminder
postcards in April, with results to be presented to Council in July—August.
Staff requested Council input on:
1. Whether to increase the sample size from 4,500 to 5,000 households
2. The proposed policy questions about capital funding priorities
Page 5 of 7
Council provided feedback on the survey, including:
• Flipping the order of the two proposed policy questions
• Breaking out Anderson Pool as a separate item in the capital projects question
• Consolidating sidewalks and American with Disabilities Act (ADA) accessibility
options
• Reordering the capital project options based on priorities
• Adding stormwater infrastructure to the project options
• Reviewing language in question number 21 about "promoting" efforts
Council reached consensus to increase the survey size to 5,000 households and to
implement all the suggested changes to the policy questions.
4. STAFF REPORTS
Housing-related zoning code amendments
Mr. Goff briefly noted that housing-related zoning code amendments will be coming
forward for first and second reading at upcoming Council meetings. These
amendments are necessary to comply with state laws and qualify for Department of
Local Affairs (DOLA) funding for housing projects, including an application for the Ridge
Road project with Foothills Regional Housing.
City Attorney Dahl also mentioned two other upcoming ordinances:
1. An amendment to the Model Traffic Code regarding vehicle registration
requirements, allowing the police to continue ticketing expired plates as
municipal offenses.
2. An ordinance requiring write-in candidates to file an affidavit of intent at least 64
days before an election, which would simplify the election process and vote
counting.
5. ELECTED OFFICALS’ REPORTS
Mayor Pro Tem Hultin reported on legislative committee activities and her appointment
to the National League of Cities Transportation and Infrastructure Services Committee.
She and Councilmember Snell announced a Community Safety Information Fair on
February 11 at the Wheat Ridge Recreation Center.
Page 6 of 7
Councilmember Okada announced that he’ll be joining Councilmember Larson for a
District 4 meeting at the Makerspace on Tuesday, February 17 at 6 p.m.
Councilmember Larson reported on attending the Colorado Business Roundtable's
Annual Legislative Preview session and the Denver Press Club's legislative preview.
Councilmember Quinn reported on a District 3 meet and greet with Councilmember
Wood, noting good discussions about speed cameras, red light cameras, and business
openings.
Councilmember Snell recognized the homeless navigation program and volunteers who
participated in the point-in-time count. She and Councilmember Martell announced
office hours on the first and third Tuesdays at Mountain Milk Coffee.
Councilmember Martell shared the Grange chili cook-off fundraiser and the city's winter
mental health and wellness series with Jefferson Center, including a book club at the
Active Adult Center.
Mayor Stites announced Wheat Ridge High School Key Club's bingo fundraiser every
Tuesday in February at 4:30 p.m. in the cafeteria. The event, organized by Citizen Hoppe,
requires a $10 buy-in with proceeds supporting the Key Club. He also reflected on the
District 3 meeting, praising the passionate discussions and reinforcing the importance
of real-world community dialogue versus social media interactions, emphasizing
community care and local purchases.
ADJOURNMENT
Mayor Stites adjourned the February 2, 2026, Special Study Session at 9:07 p.m. with a
reminder that the next City Council Meeting would be Monday, February 9, 2026, with
the following Monday off for Presidents Day.
_____________________________
Rachel Hultin, Mayor Pro Tem
Page 7 of 7
__________________________________________________
Onorina Z. Maloney, Interim Senior Deputy City Clerk
Page 1 of 8
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
Monday, February 9, 2026
The meeting was held in a hybrid format, with Councilmembers, City staff,
and members of the public participating either in person at the Municipal
Building (7500 W. 29th Avenue, Wheat Ridge, Colorado) or virtually.
CALL TO ORDER
Mayor Stites called the regular City Council meeting to order on February 9, 2026, at
6:30 p.m. Prior to the Pledge of Allegiance, Mayor Stites reflected on the meaning of the
pledge, emphasizing that it represents allegiance to the ideals the country was founded
on rather than to any political party, president, or individual.
PLEDGE OF ALLEGIANCE
Those present stood, if able, and recited the Pledge of Allegiance.
ROLL CALL OF MEMBERS
Councilmembers Present: Rachel Hultin, Dan Larson, Scott Ohm, Mike Okada, Patrick
Quinn, Jenny Snell, Susan Wood.
A quorum was established.
APPROVAL OF MINUTES
Council approved the City Council Meeting Minutes of January 26, 2026, without
changes.
APPROVAL OF AGENDA
Councilmember Snell moved to amend the agenda to move item number 5, the
appointment of the City Clerk, to immediately after public comment.
Second: Councilmember Quinn
Vote: 8 ayes; 0 nays
Motion carried
PROCLAMATIONS AND CEREMONIES
Page 2 of 8
1. Proclamation - Black History Month
Mayor Stites read a proclamation recognizing February as Black History Month,
honoring the achievements and contributions of Black Americans. The proclamation
reaffirmed the City’s commitment to addressing racial injustice through initiatives
including the Wheat Ridge Race and Equity Task Force and the Inclusion, Diversity,
Equity, and Accessibility Committee.
Matthew Walton, representing IBEW Local 111 and the Electrical Workers Minority
Caucus Denver Chapter, accepted the proclamation and encouraged Council to support
the proclamation with meaningful action, uphold its resolution that racism and hate
have no place in Wheat Ridge, and continue working with community organizations to
promote equity and inclusion.
PUBLICS' RIGHT TO SPEAK
In person
Marta Hedde, representing the Wheat Ridge Historical Society, invited council members
to attend an upcoming tea and fashion show at the Baugh House on February 14, 2026,
from 10 a.m. to 2 p.m., featuring historical clothing and fashions from days gone by.
Via Zoom:
There were no participants who signed up to speak via Zoom
Wheat Ridge Speaks:
No comments were submitted through Wheat Ridge Speaks
DECISIONS, RESOLUTIONS, AND MOTIONS
5. Motion to make an appointment to fill the City Clerk Vacancy, Term ending
November 8, 2027.
ISSUE:
City Clerk Kirkpatrick tragically passed in February of 2025. An initiative was added to
the ballot at the November 4, 2025, election to have both the City Clerk and City
Treasurer positions appointed following the completion of the term. This ballot
initiative failed, and therefore it is necessary to appoint a City Clerk to finish out the term
ending in November of 2027.
Wheat Ridge City Charter Section 3.11 (c) states that “If a vacancy occurs in the office
of the City Clerk or City Treasurer, no special election shall be called but such vacancy
shall be filled by appointment by the council for the remainder of the term”. After
advertising the vacancy, one qualified application was received from an interested
candidate for the vacant seat. An interview was conducted by City Council at the Study
Page 3 of 8
Session on February 2 and an appointment will be considered at the regular meeting on
February 9.
Councilmember Okada read the title and issue into the record.
Council expressed gratitude that such a qualified candidate was willing to step into the
role, noting that former Councilmember Hoppe had earned the public's trust through her
ten years of service on City Council.
Motion: Councilmember Okada moved to appoint Janeece Hopee as City Clerk, term to
expire November 8, 2027.
Second: mayor Pro Tem Hultin.
Vote: 8 ayes; 0 nays.
Motion carried.
Judge Jonathan Lucero administered the Oath of Office to newly appointed City Clerk
Janeece Hoppe.
1. CONSENT AGENDA
Councilmember Snell introduced the following consent agenda items:
a. Resolution No. 07-2026 - A resolution approving an Intergovernmental Agreement
between the Cities of Wheat Ridge and Edgewater concerning regional homeless
navigator services.
ISSUE:
The City of Wheat Ridge is committed to regional homeless navigation efforts between
Jefferson County and the cities therein to address the increasing number of individuals
experiencing homelessness. A previous Intergovernmental Agreement (IGA) included
the cities of Wheat Ridge, Golden and Edgewater. Golden has since left the IGA
and hired its own Homeless Navigator. This Intergovernmental Agreement, in
partnership with the City of Edgewater, reflects this change as well as the
corresponding payment obligation update between the two cities.
Councilmember Snell read the title and issue into the record.
b. Resolution No. 08-2026 - A resolution amending the Fiscal Year 2025 General Fund
budget to reflect the approval of a supplemental budget appropriation in the amount of
$423,775 for automated vehicle identification services.
ISSUE:
During the October 28, 2024, City Council Meeting, City Council approved the service
Page 4 of 8
agreement with Altumint, Incorporated to provide automated vehicle identification
services (AVIS). The fee structure guarantees that the City never incurs direct costs to
Altumint, however, for financial auditing purposes, the City must capture the total
expense to implement the program in the budget. This budget supplemental of
$423,775 is offset by total revenues of $499,586.
Councilmember Snell read the title and issue into the record.
c) Resolution No. 09-2026 - A resolution of support for an application to the Colorado
Energy Office Local IMPACT Accelerator grant.
ISSUE:
The City is applying for grant funding from the Colorado Energy Office for the Local
IMPACT Accelerator Grant. The grant would support a zoning code audit, housing-
supportive code amendments, and financial incentives for accessory dwelling units
(ADUs), multi-unit, and affordable housing. A resolution and letter of support from the
City Council are required to apply for this grant program.
Councilmember Snell read the title and issue into the record.
Motion: Councilmember Snell moved to approve items 1a, 1b, and 1c.
Second: Councilmember Okada.
Vote: 8 ayes; 0 nays.
Motion carried.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 02-2026 - an ordinance amending Chapter 13 of the Wheat Ridge
Code of Laws concerning vehicle muffler requirements.
ISSUE:
Noise produced by motor vehicles with noncompliant, altered, or missing mufflers is
injurious to the public health and welfare. This ordinance adopts muffler-specific Code
requirements to better address vehicular exhaust noise and its control.
Councilmember Larson read the title and issue in the record.
City Attorney Dahl presented the ordinance, explaining that it defines compliant mufflers
as factory-installed or replacement mufflers conforming to original factory
specifications, prohibits operation of a vehicle without a compliant muffler, and
establishes minimum fines for violations.
Council discussion addressed enforcement standards, applicability to classic and
vintage vehicles, use of engine brake systems, and the relationship between
unreasonable noise and muffler compliance. Clarification was provided regarding
Page 5 of 8
officer discretion, evidentiary standards in municipal court, and the intent to focus
enforcement on egregiously loud vehicles impacting quality of life.
Motion: Councilmember Larson moved to approve Council Bill 02-2026, an ordinance
amending Chapter 13 of the Wheat Ridge Code of Laws concerning vehicle muffler
requirements, ordered published, to take effect immediately upon adoption and
signature by the Mayor.
Second: Councilmember Okada.
Vote: 8 ayes; 0 nays.
Motion carried.
ORDINANCES ON FIRST READING
3. Council Bill No. 03-2026 - an ordinance repealing Article IV of Chapter 11 of the
Wheat Ridge Code of Laws concerning amusement arcades and amusement centers
ISSUE:
This ordinance repeals the licensing procedures for amusement arcades. It
has become apparent that this section of the Code of Laws is outdated and no longer
necessary for the protection of the public health, safety or welfare of the residents of
Wheat Ridge.
Councilmember Quinn read the title and issue into the record.
Motion: Councilmember Quinn moved to approve Council Bill No. 03-2026, an
ordinance repealing Article IV of Chapter 11 of the of the Wheat Ridge Code of Laws
concerning amusement arcades and amusement centers, order it published and public
hearing set for February 23, 2026 in City Council Chambers, and if adopted on second
reading to take effect 15 days after final publication as required by the charter.
Second: Councilmember Ohm.
Vote: 8 ayes; 0 nays.
Motion carried.
4. Council Bill No. 04-2026 – An ordinance amending Chapter 7 of the Wheat Ridge
Code of Laws concerning write-in candidate affidavits
ISSUE
This ordinance requires that write-in candidates for any elective office must file an
affidavit of intent with the City Clerk prior to 64 days before the election.
Councilmember Martell read the title and issue into the record.
Motion: Councilmember Martell moved to approve Council Bill No. 04-2026, an
ordinance amending Chapter 7 of the Wheat Ridge Code of Laws concerning write in
candidate affidavits, order it published, public hearing set for Monday February 23,
Page 6 of 8
2026, at 6:30 p.m., as a virtual meeting and in City Council Chambers, 7500 West
29th Avenue, and that it takes effect fifteen (15) days after final publication, as provided
by Section 5.11 of the Charter.
Second: Councilmember Snell.
Vote: 8 ayes; 0 nays.
Motion carried.
*5. Motion to make an appointment to fill the City Clerk Vacancy, Term ending
November 8, 2027. Councilmember Snell moved to amend the agenda to move item
number 5, the appointment of the City Clerk, to immediately after public comment.
See above
DECISIONS, RESOLUTIONS, AND MOTIONS
6. Motion proposing adopting the 2026 Legislative Agenda
ISSUE:
The Legislative Committee has recommended that the City Council consider the
adoption of the 2026 Legislative Agenda.
Mayor Pro Tem Hultin read the title and issue into the record.
Motion: Mayor Pro Tem Hultin moved to adopt the 2026 Legislative Agenda.
Second: Councilmember Ohm
Vote: 8 ayes; 0 nays
Motion carried.
Councilmember Hultin highlighted two updates to the agenda: the addition of
governance to the home rule section to address legislative matters affecting the city's
governance abilities, and the addition of special districts and utilities as a standalone
issue area.
EXECUTIVE SESSION
At 7:29 p.m., Councilmember Ohm moved to go into executive session for conference
with the City Manager, City Attorney, and the appropriate staff under Charter Section
5.7B1 and CRS 24-6-402(4)(b) for legal advice and specific legal questions regarding
federal grant conditions, and to return to the open meeting at the conclusion of the
executive session.
Second: Mayor Pro Tem Hultin.
Vote: 8 ayes; 0 nays.
Motion carried.
Page 7 of 8
Executive Session commenced at 7:35 p.m. and concluded at 8:40 pm. Council returned
to the open meeting at 8:46 p.m.
Mayor Stites called the meeting to order at 8:46 p.m.
CITY MANAGER'S MATTERS
The City Manager had no matters to report and deferred to the study session.
CITY ATTORNEY'S MATTERS
No matters were presented.
ELECTED OFFICIALS' MATTERS
Councilmember Okada noted that he and Councilmember Larson would hold a District 4
meeting on February 17th at 6 PM at the Anderson Building. He also expressed
gratitude for his council work.
Councilmember Larson mentioned the upcoming District 4 meeting would coincide with
Mardi Gras.
Councilmember Wood announced she would attend the Wheat Ridge Business
Association breakfast.
Councilmember Quinn thanked the Electrical Worker Minority Caucus for accepting the
Black History Month proclamation, noting his 30-year involvement with the union and
how participation in the caucus had changed his life.
Councilmember Martell mentioned upcoming ribbon cuttings and the Community
Safety Meeting.
Councilmember Snell highlighted the Community Safety Information Fair on
Wednesday from 5-7 PM at the Wheat Ridge Recreation Center, featuring community
partners providing information about safety resources.
Councilmember Hultin announced a District 2 meeting on February 28th at 3 PM at
Stylus and Crate. She also shared that DRCOG received significant funding from the
Climate Pollution Reduction Grant, including a $600,000 subgrant for Wheat Ridge to
support staff in examining building efficiency and greenhouse gas emission reduction
through building policy and code updates. She noted that funding for Area Agency on
Aging services had been drastically reduced.
Page 8 of 8
Mayor Stites thanked the IBEW crew for attending the Black History Month
proclamation. He mentioned upcoming business events including the Business
Association meeting, Business District meeting about the Wadsworth grant, ribbon
cuttings on Wednesday and Thursday, and Coffee with the Mayor on Saturday at Stylus
of Crate at 9 AM.
ADJOURNMENT
There being no further business to come before Council, Mayor Stites adjourned the
Regular Council Meeting at 8:52 p.m.
_____________________________________
Rachel Hultin, Mayor Pro Tem
___________________________________________
Onorina Z. Maloney, Senior Deputy City Clerk
Page 1 of 4
CITY OF WHEAT RIDGE, COLORADO
SPECIAL STUDY SESSION NOTES
Hybrid Meeting
Monday, February 9, 2026
The study session was held both in person and virtually at 7500 West 29th
Avenue, Municipal Building, Council Chambers. Councilmembers and City
staff were present in the Council Chambers. Members of the public were
able to observe and participate either in person or virtually.
CALL TO ORDER
Mayor Korey Stites called the City Council Special Study Session of February 9, 2026, to
order at 8:58 p.m.
ATTENDANCE
Councilmembers Present: Rachel Hultin, Dan Larson, Kathleen Martell, Scott Ohm, Mike
Okada, Patrick Quinn, Jenny Snell, Susan Wood.
Also present: City Manager Patrick Goff, City Attorney Gerald Dahl, Community
Development Director Lauren Mikulak, and Senior Deputy City Clerk Onorina Maloney.
PUBLIC COMMENTS ON AGENDA ITEMS
In person
No one signed up to speak.
Via Zoom
No one signed up online to speak.
Via Wheat Ridge Speaks
Kelly Blynn
Page 2 of 4
Thanks for the thoughtful approach on how to move forward with the Wilmore Davis and
Kullerstrand properties. Regarding Wilmore Davis, I wanted to share a few thoughts as a
nearby neighbor of the site. The site is already quite actively used by neighbors (for
soccer practice, playground, informal dog park, etc.), and with open space being
reduced at Lutheran/more density being built and potentially more homes being built on
this site, it may be worth considering if there is an opportunity to keep more of the site
as a park than what is currently contemplated in the RFI. Maintaining more of what is
currently recreational space than what is outlined would allow the site to serve multiple
neighborhood uses for the long term as the neighborhood grows incrementally more
dense. Perhaps a question or scenario in the RFI could gauge whether the city allowing
more moderate density on the site than current zoning could enable maintaining more
park space (maybe in addition to definitively waiving park dedication fees)? This
direction already seems contemplated with the city’s comp plan and future code
updates, and there is already a townhome development bordering one side of the site
and additional townhomes and small apartments around the corner, so additional
townhomes or small scale apartments would fit in well. Perhaps more clearly stating
this direction and demonstrating council's support could foster additional creative
responses that might better serve the neighborhood long term. Thanks for the
consideration.
1. Next Steps for Kullerstrand and Wilmore Davis Elementary Schools
City Manager Goff introduced the topic and outlined the intent not to finalize decisions
that night but to explore potential pathways. Community Development Director Lauren
Mikulak presented a draft Request for Interest (RFI) to identify potential development
partners for the properties. The RFI approach allows the city to gauge interest and
feasibility without committing to specific outcomes, while positioning the city to
proceed with the school district's municipal interest process.
No members of the public signed up for comment, and Council began discussing the
agenda item.
Key points raised during the discussion included:
• Parks Department plans for both properties were discussed, with reference to
their integration into community needs and existing uses.
• Naming considerations for any acquired parkland, to potentially honor the
historical figures the schools were named after.
• Challenges in connecting Kullerstrand with the greenbelt were highlighted due to
topography, with ideas for creative solutions like switchbacks being considered.
Page 3 of 4
• Preservation of space adjacent to the Happiness Gardens in the Wilmore Davis
area.
• Councilmember Martell expressed a vision for the Kullerstrand property as a
potential arts and cultural center that could provide space for performing arts,
artists, creative entrepreneurs, cultural gatherings, and community events.
• Potential noise impacts from sports fields were discussed, specifically regarding
how this might impact the surrounding neighborhood.
• Zoning considerations for potential redevelopment, particularly about
accommodating community-driven concepts like market spaces and social
gathering sites.
STAFF REPORTS
Goff encouraged Councilmembers with ideas or contacts relevant to the RFI to come
forward, stressing the importance of having diverse potential partners involved in the
process. Councilmembers were invited to share the RFI with their networks, diversifying
the pool of respondents and proposals.
ELECTED OFFICIALS’ REPORTS
Councilmember Okada announced a District 4 meeting with Councilmember Larson set
for February 17 at 6 p.m., at the Anderson Building, underscoring the need for
community engagement and input.
Councilmember Larson highlighted the confluence of the meeting date with Mardi Gras,
adding humor with an encouragement for costumes and community spirit.
Councilmember Wood shared insights from recent meetings with community
stakeholders, detailing plans to further integrate feedback into policymaking.
Councilmember Quinn expressed gratitude towards the Electrical Worker Minority
Caucus, sharing personal reflections on their impactful presence and importance in his
career.
Page 4 of 4
Councilmember Martell voiced excitement for upcoming community events and safety
forums, emphasizing collaboration with local agencies and organizations.
Councilmember Snell detailed the objectives of the upcoming Community Safety
Information Fair, scheduled to foster stronger ties between citizens and emergency
management teams.
Mayor Pro Tem Hultin provided updates from the Denver Regional Council of
Governments (DRCOG), offering context for Wheat Ridge’s ongoing housing and climate
discussions.
Mayor Stites concluded with upcoming business events and encouraged citizens to
support local, echoing gratitude for communal efforts and participation.
ADJOURNMENT
Mayor Stites adjourned the February 9, 2026, Special Study Session at 9:24 p.m.
_____________________________
Rachel Hultin, Mayor Pro Tem
__________________________________________________
Onorina Z. Maloney, Senior Deputy City Clerk
ITEM NUMBER: 1a
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 10-2026
TITLE: A RESOLUTION AMENDING THE 2026 FISCAL YEAR OPEN
SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $213,470 FOR THE PURPOSE OF ACCEPTING
GRANT FUNDS FROM THE URBAN SUSTAINABILITY
DIRECTORS NETWORK
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
In 2024, the City was awarded $669,073 in federal USDA Urban and Community
Forestry funding as a pass-through partner of the Urban Sustainability Directors
Network (USDN). On April 4, 2025, the City was notified that the USDA had
terminated its grant agreement with USDN, which paused the City’s grant and all
related spending.
In September 2025, USDN informed the City that a federal judge had issued an
injunction blocking the USDA’s termination, allowing the City to resume eligible
grant activities on a reimbursement basis rather than through advance payments.
The proposed supplemental appropriation would increase the forestry budget
within the 2026 Open Space Fund to support planned USDN grant activities
in 2026.
PRIOR ACTION:
Councilmember Ohm, the Wheat Ridge Parks and Recreation Commission, and the
Wheat Ridge Cultural Commission submitted letters of support for this grant proposal in
2023.
At the March 25, 2024 City Council meeting, Council passed Resolution 13-2024,
Council Action Form – Budget Supplemental Appropriation for Forestry Grant
February 23, 2026
Page 2
executing a grant agreement with the Urban Sustainability Directors Network (USDN)
and authorizing a supplemental budget appropriation of $223,025 to increase the Open
Space Fund in conjunction with accepting the USDN advance payment of the same
amount.
At the June 9, 2025 City Council meeting, Council passed Resolution 32-2025
authorizing a supplemental budget appropriation to allocate General Fund dollars
towards forestry work that would later be reimbursed by Colorado State Forest Service
(CSFS) grant funds. Due to the USDN grant being terminated, the CSFS offered to
provide replacement grant funding.
FINANCIAL IMPACT:
This supplemental budget appropriation would increase the 2026 Fiscal Year Open
Space Fund budget by $213,470 and revenue by the same amount due the contractual
reimbursement from the USDN.
BACKGROUND:
In 2023, the City applied for and was later awarded $669,073 in federal Urban and
Community Forestry funding as a pass-through partner of the Urban Sustainability
Directors Network (USDN). The funding was to be paid as advance payment funds
in three even payments in 2024, 2025, and 2026, assuming the City met its
deliverables over the 4-year project period (2024-2027).
The City received its initial advance payment of $223,025 in spring 2024. Through
April 3, 2025, the City had invested $126,127.65 of that advance payment. On April
4, 2025, the City learned that the USDA had terminated their grant agreement with
the USDN, which resulted in the City’s grant agreement with USDN being paused
along with all spending.
In August 2025, the USDN requested that the remainder of the advance payment be
repaid to the USDN, and the City made that $96,896.85 payment back to the USDN
in September 2025.
Also in September 2025, the USDN informed the City that a federal judge had issued
an injunction temporarily blocking the USDA’s termination of their grant to the
USDN. Since September 2025, the City has been eligible to resume investing those
grant funds, but on a reimbursement, basis moving forward (instead of utilizing an
advance payment).
Due to the timing of the termination and injunction decisions and the city budget
proposal process, the Parks and Recreation staff did not request 2026 budget funds
to utilize the USDN grant funds in 2026 as the termination was in effect at budget
Council Action Form – Budget Supplemental Appropriation for Forestry Grant
February 23, 2026
Page 3
proposal time. This proposed supplemental budget appropriation would increase
the forestry budget within the 2026 Open Space Fund to include the planned
spending related to the USDN grant in 2026, which will be reimbursed after the work
is completed.
As of February 2026, the USDA is appealing the injunction. Should the injunction be
reversed by this USDA appeal, the grant would be terminated pending a USDN
appeal. A potential second termination could be immediate, follow an up to 120-day
wrap-up period, or be in effect only if the potential USDN appeal fails.
RECOMMENDATIONS:
Staff recommend passing this Resolution so the reinstated grant funds can be invested
in Wheat Ridge’s urban tree canopy in 2026.
RECOMMENDED MOTION:
“I move to approve Resolution No. 10-2026, a resolution amending the 2026 Fiscal Year
Open Space Fund budget to reflect the approval of a supplemental budget appropriation
in the amount of $213,470 for the purpose of accepting grant funds from the Urban
Sustainability Directors Network.”
Or,
“I move to postpone indefinitely Resolution 10-2026, a resolution amending the 2026
Fiscal Year Open Space Fund budget to reflect the approval of a supplemental budget
appropriation in the amount of $213,470 for the purpose of accepting grant funds from
the Urban Sustainability Directors Network for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Grant and Special Project Administrator
Karen O’Donnell, Parks and Recreation Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 10-2026
2. USDN Forestry Grant Agreement_ Updated Fully
Executed_03.27.24_Updated 01.29.25
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 10-2026
SERIES OF 2026
TITLE: A RESOLUTION AMENDING THE 2026 FISCAL YEAR OPEN SPACE
FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $213,470 FOR THE
PURPOSE OF ACCEPTING GRANT FUNDS FROM THE URBAN
SUSTAINABILITY DIRECTORS NETWORK
WHEREAS, the City of Wheat Ridge was awarded a grant from the United States
Department of Agriculture’s Urban and Community Forestry program in the amount of
$669,073 for tree planting, tree care supplies, and tree monitoring software as a pass-
through recipient of the Urban Sustainability Directors Network; and
WHEREAS, the funding was terminated in April 2025, followed by an injunction
pausing that termination in August 2025; and
WHEREAS, the appropriation of these grant funds was not included in the 2026
Open Space Fund due to the timing of the termination and injunction; and
WHEREAS, this supplemental budget appropriation will be deposited into the Open
Space Fund to cover grant-related expenses in 2026.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Mayor or the City Manager of the City and all appropriate City
officers are hereby authorized and directed to execute and deliver and the City Clerk is
hereby authorized and directed to attest and deliver such other agreements and
certificates and to take such other actions as may be necessary or convenient to carry
out and give effect to the Assignment and this Resolution.
Section 2. Nothing contained in this Resolution, or the Assignment shall
constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other
financial obligation of the City within the meaning of the Constitution or statutes of the
State or the home rule charter of any political subdivision thereof, nor give rise to a
pecuniary liability of the City or a charge against its general credit or taxing powers.
Section 3. If any section, paragraph, clause, or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
ATTACHMENT 1
any such section, paragraph, clause, or provision shall not affect any of the remaining
provisions of this Resolution.
Section 4. This Resolution shall be in full force and effect upon its passage
and approval.
DONE AND RESOLVED this 23rd of February 2026
Korey Stites, Mayor
[SEAL]
ATTEST:
Onorina Maloney, Senior Deputy City Clerk
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
1
GRANT AGREEMENT BETWEEN THE URBAN SUSTAINABILITY DIRECTORS NETWORK AND
THE CITY OF WHEAT RIDGE
This Grant Agreement (“Agreement”), dated March 5, 2024 (“Effective Date”), is between the
Urban Sustainability Directors Network, an Illinois nonprofit with offices at 208 SO Lasalle St,
Suite 814, Chicago, IL 60604-1101 (“USDN” or “Grantor”), and the City of Wheat Ridge, an
incorporated under the laws of the State of Colorado and located at 7500 W. 29th Ave Wheat
Ridge, CO 80033 (“Grantee”) (collectively, the “Parties”).
WHEREAS, the City of Wheat Ridge is charged with the implementation of Expanding the Urban
Tree Canopy in Wheat Ridge; and
WHEREAS, USDN is a nonprofit organization that brings local government sustainability
practitioners together to learn, collaborate, and accelerate the work of local sustainability; and
WHEREAS, USDN’s project The Center for Regenerative Solutions (“CRS”) is charged with
administering the U.S. Forest Service (“USFS”) Investment Recovery Act (“IRA”) Federal Award
Identification Number (FAIN) 24-CA-11132544-016 award to USDN; and
WHEREAS, the City of Wheat Ridge works to improve tree canopy equity by planting 1,000+ trees
in Wheat Ridge, CO with 75%+ being in disadvantaged areas; and
WHEREAS, CRS desires to make a grant of $669,073.00 (the “Grant”) to the City of Wheat Ridge
to support Expanding the Urban Tree Canopy in Wheat Ridge (“Project”), which seeks to
increase the urban tree canopy in public spaces by over 12.5% and help improve the “severe”
EPA-rated air quality in the region, among numerous other benefits; and
NOW, THEREFORE, the Parties seek to enter into this Agreement, subject to the following terms
and conditions:
1.Term.
The Term of this Agreement shall commence on March 5, 2024 and shall continue through
December 1, 2027 (the “Term”). The Term may be extended upon mutual written agreement of
the Parties, subject to the terms set forth in the USDN Award Guidelines and Policies.
2.Scope of Work.
ATTACHMENT 2
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
2
The Parties shall perform the work described in Scope of Work contained in Appendix 1 and 2,
attached hereto and made a part hereof.
3.Payment.
USDN shall provide funding to Grantee in an amount not to exceed $669,073.00, in increments
made according to the Payment Schedule set forth in Appendix A and with sufficient evidence of
scheduled progress in Grantee progress reports.
4.Invoices.
Grantee shall submit to USDN a completed ACH Authorization Form, W-9 Form and Form AD-
1048. USDN processes approved invoices within 30 days of receipt. Grantee shall address
invoices to:
Urban Sustainability Directors Network (USDN)
Reference: CRS13 – Wheat Ridge, CO
Attn: Jamal Brown, USDN Director of Finance, People, and Culture
jamalbrown@usdn.org
5.Prohibited Uses. Grant funds shall not be used for lobbying or equipment purchases.
6.Procurement. All non-Federal entities must follow the procurement standards in §§
200.318 through 200.327.
7.Primary Contacts.
a.USDN: Jamal Brown, USDN Director of Finance, People, and Culture,
jamalbrown@usdn.org
b.Grantee: City of Wheat Ridge
c.Project Manager: Brandon Altenburg, Grant and Special Project Administrator,
4005 Kipling St, Wheat Ridge, CO 80033, (303) 231-1307,
baltenburg@ci.wheatridge.co.us
Secondary Contract: James Roemmelt, Forestry and Open Space Supervisor,
jroemmelt@ci.wheatridge.co.us
8.Entire Agreement.
3
This Agreement and the Appendices herein constitutes the final and entire agreement between
USDN and Grantee. The terms of this Agreement may be modified only by a written amendment
signed by both Parties. If the Grantee proves unable to meet the commitments contained within
this document, USDN will consult with the Grantee and USFS to seek an appropriate solution. If
the default cannot be remedied, USDN retains the right to require a refund of any unobligated
and/or unspent funds within 30 days of prior written notice to the Grantee.
IN WITNESS WHEREOF, the Parties hereby accept and agree to the foregoing terms and
conditions of this Agreement and have executed this Agreement as of the date written below.
City of Wheat Ridge
By: ___________________________________
Bud Starker
Title: Mayor
Date: ___________________________________
URBAN SUSTAINABILITY DIRECTORS NETWORK
By: ____________________________________
Jamal Brown
Title: USDN Director of Finance, People, and Culture
Date: ___________________________________ 3/26/2024
3/26/2024
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
4
Appendix 1. Roles and Responsibilities
This appendix describes partnership roles, deliverables, due dates, and invoicing schedule.
1. Purpose and Scope. The work is described in greater detail in the Final Project Proposal, Appendix 2.
2. Project Term. If more time is required then what is specified in the signed grant agreement, the Lead
Community indicates this to their assigned CRS team member as soon as that is known, so an
extension can be discussed and documented. Please reference the USDN Award Guidelines and
Policies for more information about this process.
3. Responsibilities
a. USDN. CRS/USDN, as Grantor, is responsible for:
i. Funding. USDN provides funding for the project in an amount not to exceed $669,073.00
USD. Payment(s) are made according to the schedule shown in Table 1.
ii. Technical Assistance. USDN contracts directly with Sutherland & Associates (S&A) to
facilitate execution of these award agreements. S&A assists the CRS team with any
decision-making that impacts this MOU or any associated agreements / payments. The
CRS team receives, confirms, and processes all deliverables, quarterly reports, and
invoices throughout the life of the project. They monitor progress and capture the
impacts of the investment.
iii. Payment Processing. USDN processes Grantee invoices upon receipt via the Lead
Community, within 30 days.
• Invoices are submitted to the CRS team.1 Once they approve, invoices are
forwarded to and paid by USDN.
• Project funds are expended per the proposed budget to fulfill the scope of the
final and awarded proposal.
b. City of Wheat Ridge. The Grantee is responsible for:
i. Budget and disadvantaged community confirmations. Confirming that (1) the budget
does not exceed the awarded amount and meets the requirements per the USFS Award
Administration Guide; and (2) the communities being served are represented in the U.S.
Environmental Protection Agency’s (EPA) IRA Disadvantaged Communities Map or a
similar tool.
• If using any other tool, like the EPA Environmental Justice and Screening Mapping
Tool or other agency or state tools, provide proof of disadvantaged status from
those tools.
• Contact the CRS team to discuss use of other tools.
ii. Project Management and Coordination. Providing the project management and
1 To prevent any payment delays, the Grantee lets CRS staff know of any schedule or staffing changes with as much advance notice as possible so
that schedules can be adjusted.
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
5
coordination necessary to complete the project.
iii. Regular Updates. Submitting reports twice a year, following the reporting form(s)
received from the CRS team and in accordance with the schedule in Table 1.
• Federal Impact Reporting Platform. To support consistent and transparent public
access to project outcomes funded through the Inflation Reduction Act, grantees
are required to report quantitative and qualitative project accomplishments for
reporting periods ending June 30 and December 31 to a public-facing Impact
Reporting Platform. Grantees will be provided instructions for project impact
reporting.
iv. Final Products and Reporting. By May 28th, 2027, submitting:
• Project Products / Outputs. All substantial products and outputs produced as
high-quality deliverables, for posting to the USDN website.
• Final Project Report. The final reporting form will be sent via email by the CRS
team with reporting date reminders.
• High Resolution Photos. High resolution .jpg photographs of project work, to
potentially be used in USDN communications.
• Project Budget and Expenditures. A detailed record of project expenditures,
including a comparison of original budget to award expenditures. Please simply
modify and return your proposal budget to show proposed and actual
expenditures.
v. USDN Communications. Grantees may be asked to present project outcomes during a
CRS/USDN virtual or in person meeting, if requested.2
4. Project Participants and Primary Contacts. In addition to the Grantee and Primary Contact specified
in this agreement’s item 6, the project team includes these participants:
a. Project Participant.
i. Mile High Youth Corps, Antonio Barreiro, Chief Operating Officer, 1801 Federal Blvd,
Denver, CO 80204, (303) 433-1206 x4223, kiaa@mhyc.net
Role: Mile High Youth Corps (MHYC) engages young adults, ages 17-24, in crew-based
stewardship projects that benefit the environment, the community, and the youth
themselves. MHYC members earn a bi-weekly stipend and an AmeriCorps education
award, in addition to industry-relevant trainings and networking. Since 2008, MHYC
and Wheat Ridge have partnered on tree plantings, fuel reduction, invasive tree
removal and other habitat restoration projects that have provided our youth with
technical skill building and career development opportunities. MHYC would
appreciate the opportunity to partner with Wheat Ridge by providing two weeks of
conservation crew time per year over five years.
ii. Sustainable Wheat Ridge, Amy DePierre, Co-Chair, 7500 W 29th Ave, Wheat Ridge, CO
80033, (303) 235-2819, amy.depierre@gmail.com
2 This request is subject to USDN’s communications schedule and is not guaranteed to be made.
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
6
Role: Sustainable Wheat Ridge (SWR) is a volunteer, resident-led committee focused
on advancing sustainability. SWR is excited by the possibility of this partnership and
is committed to volunteering and volunteer recruitment efforts for tree planting and
tree care. SWR is committed to engaging with community groups to educate them
about urban forestry and support their active participation. SWR believes there is an
opportunity to engage with senior citizens to educate them on available opportunities
as well as the need to mitigate climate change. SWR will assist with the identification
areas needing additional tree canopy along bicycle routes and at public
transportation stops.
iii. City of Wheat Ridge Public Works Department, Maria D’Andrea, Director of Public
Works, 7500 W 29th Ave, Wheat Ridge, CO 80033, (303) 205-7601,
mdandrea@ci.wheatridge.co.us
Role: The Wheat Ridge Public Works Department maintains the city's infrastructure
including 133 miles of streets and more than 40 miles of storm sewers throughout
the city. Most right-of-way areas in Wheat Ridge include trees and this project
proposal would result in major improvements with filling in areas without trees,
replacing lost trees on public property, and replacing damaged/sick trees throughout
Wheat Ridge. Unfortunately, some improvement projects can result in trees being
removed during construction. However, all capital projects attempt to replace any
removed trees. This funding would help the City more quickly and effectively replace
those trees.
iv. Volunteer with the Wheat Ridge Tree Stewards, Thomas Fitzgerald, Volunteer, 7465
West 48th Circle, Wheat Ridge, CO 80033, (303) 424-1082, casafitz@aol.com
Role: The Wheat Ridge Tree Stewards are a volunteer group that work seasonally
from May-September to assist with watering, maintaining, and inspecting trees
throughout the Wheat Ridge Greenbelt (open space). With the increased tree
plantings through this proposal, the quantity of trees that the Tree Stewards will
increase and we will need increased volunteer hours to adequately care for the trees.
This group goes through annual training, is equipped with tools from the City, and is
an essential resource for the urban tree canopy in Wheat Ridge.
v. Jefferson County Open Space, Tom Hoby, Director, 700 Jefferson Parkway, Golden,
CO 80401, (303) 271-5930, thoby@jeffco.us
Role: Jefferson County Open Space (JCOS) is committed to purchasing approximately
40 native trees at an estimated cost of $400/tree, a total project commitment of
$16,000, for Crown Hill Park as part of this project if funding is awarded. JCOS is
submitting a separate grant request for removing ash trees in one of its three urban
parks and planting native trees in shrubs in all three of those parks. JCOS manages
56,000 acres over 27 open space parks and will work closely with Wheat Ridge staff
to develop a planting plan for Crown Hill Park.
vi. City of Wheat Ridge Community Development Department, Lauren Mikulak, Director,
(303) 235-2845, lmikulak@ci.wheatridge.co.us
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
7
Role: The Wheat Ridge Community Development Department includes both the
Planning and Engineering Divisions and is committed to its role in implementing the
City’s Streetscape Design Manual. The majority of the areas included in the above
projects are heavily urbanized or commercial areas with minimal landscaping and
almost no tree canopy. The Wheat Ridge Community Development Department
currently has several projects within concept, planning, design, and construction
phases that will be under construction during the 2024-2028 timeline.
vii.Jefferson County Food Policy Council, Hallie Nelson, Director, (205) 434-7241,
hallie@jeffcofpc.org
Role: The Jefferson County Food Policy Council is a community-led organization that
aims to build a food secure community. Our vision includes healthy food access for all
residents, a vibrant and equitable farming infrastructure, a healthy ecosystem, and a
thriving local food economy. The City of Wheat Ridge’s application advances our
community towards a healthier ecosystem through local climate solutions to support
the long-term health of our community.
viii.City of Wheat Ridge Parks and Recreation, Karen O’Donnell, Director, (303) 231-1308,
kodonnell@ci.wheatridge.co.us
Role: The Wheat Ridge Parks and Recreation Department is committed to leading this
project. The Forestry team will direct the planting of ~1,000 additional trees in Wheat
Ridge parks, open spaces, right of way areas, and development projects.. Tis project
is also an opportunity to promote the benefits of trees to the community. We already
do this through annual Arbor Day events, a community tree sale, and a grant program
to residents for tree health and maintenance, but could increase community
engagement and education efforts even more through this project.
ix.Jefferson County Public Health; Environmental Health Services, James Rada, Director,
645 Parfet Street, Lakewood, CO 80215, (303) 271-5718, jrada@co.jefferson.co.us
Role: A JCPH priority is to minimize the heat, flooding, pollution, and biodiversity
impacts of development in urban settings by improving natural processes, such as
stormwater treatment and tree canopy coverage. This project will support the
county’s climate action plan, working to mitigate greenhouse gas emissions by
removing carbon dioxide from the atmosphere. It will improve air quality, serve as a
buffer to nuisance noise and through water absorption, and help recharge the ground
water supply. With this project, Wheat Ridge can improve its heat islands and improve
Jefferson County’s understanding of tree canopy impacts on land use and
development planning.
x.Wheat Ridge Parks and Recreation Commission, Cambria Rollo, Commission Chair,
(303) 231-1308, cambria.rollo@gmail.com
Role: The Wheat Ridge Parks and Recreation Commission is a City Council-confirmed,
volunteer, resident committee which serves as a liaison between the department and
the community. The Commission is also tasked with encouraging greater community
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
8
understanding of the value of Parks and Recreation activities and the impact on
quality of life for those who work, play and live in Wheat Ridge. This project proposal
would fund a significant increase in the tree canopy in Wheat Ridge, increase public
awareness of the importance and benefits of trees, and promote urban forestry
careers and local youth corps work.
xi. Foothills Regional Housing, Howard Wright, Construction Manager, 11941 West I-70
Frontage Road North, Wheat Ridge, CO 80033, (720) 682-0705,
hwright@foothillsrh.org
Role: Foothills Regional Housing is committed to the planting of 4 trees at each of the
organization's affordable housing complexes in Wheat Ridge, CO as well as the
replacement of dead trees at its main office as part of this project if funding is
awarded. This project will provide hundreds of low-income and disabled households
with an improved quality of life and more equitable access to green space through
investment in the quality of their outdoor spaces. In total, FRH is requesting 32 trees
across 8 properties, including the main office.
Project Participant Check List:
• Add as needed. Name any CBO partners and state what kind of relationship they have with the
community they are serving.
• Provide CRS staff with any supporting documentation, like a support letter, a task plan for the
CBO, etc. as proof of this.
• Ensure that any contractors noted in the narrative are secured in accordance with federal
procurement guidelines. (All non-Federal entities must follow the procurement standards in §§
200.318 through 200.327)
5. Project Scope: Deliverables, Timeline, Reporting and Payment Schedule. Project activities,
deliverables, and due dates are scheduled below in Table 1.3
Table 1. Schedule of Project Deliverables and Payments
# Activity Deliverables Due Date Payment / Recipient
Agreements: Signed MOU and
other project agreements
Not later than 30 days
after MOU is delivered
Payment 1 upon fully
executed MOU and
associated invoice:
$223,025.00 to City of
Wheat Ridge
Year 1 - 2024
1 Activity 1.
Deliverable 1: Deployed DRG
assessment tools to direct tree
plantings throughout and
Date: May 17, 2024
3 Please add these dates to calendars(s) and proactively notify CRS staff if it is anticipated that any deliverable due dates will shift after this award
agreement is executed. Schedules will be adjusted accordingly. Table 1 becomes the project’s Deliverables Report. Each time a deliverable is
received, it is returned to the Lead Community from CRS with notes/links as a receipt. This method keeps each party clear and aligned on the
status of the work.
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
9
beyond the proposal
timeframe.
Progress Update 1 250-word update PR1: June 1, 2024
2 Activity 2.
Deliverable 2: Planted ~125
trees in parks/open
space/ROW areas and 32 trees
at Foothills Regional Housing
locations.
Date: October 31, 2024
3 Activity 3.
Deliverable 3: Urban tree
canopy equity assessments
and improvements are
included in the draft 2024 City
Comprehensive Plan.
Date: October 31 2024
Progress Update 2 250-word update PR2: December 1, 2024
Year 2 - 2025
Progress Update 3 250-word update PR3: June 1, 2025
4 Activity 4.
Deliverable 4: Completed 65
plantings at the Green at 38th
project, 95 trees within the
Youngfield Beautification
project, 39 trees within the
Ward Transit-Oriented
Development project, 40 trees
at Crown Hill Park, and
planted ~125 trees in
parks/open space/ROW areas.
Date: October 31, 2025
Payment 2 receipt of
deliverable and
associated invoice:
$223,024.00 to City of
Wheat Ridge
5 Activity 5.
Deliverable 5: Urban tree
canopy equity assessments
and improvements are
included in the 2025 Parks and
Recreation Department
Master Plan.
Date: October 31, 2025
Progress Update 4 250-word update PR4: December 1, 2025
Year 3 - 2026
6 Activity 6.
Deliverable 6: Completed 275
tree plantings within the
“Improve Wadsworth” street
and trail project, 30 tree
plantings within the
Wadsworth Trail extension
project, and planted ~125
trees in parks/open
space/ROW areas.
Date: October 31, 2026
Payment 3 upon receipt
of deliverable and
associated invoice:
$223,024.00 to City of
Wheat Ridge
Progress Update 5 250-word update PR5: June 1, 2026
Progress Update 6 250-word update PR6: November 1, 2026
7 Activity 7.
Deliverable 7: Planted ~125
trees in parks/open
space/ROW areas.
Date: December 1, 2026
Final Project Report, Photos,
and Budget Reconciliation
Final project report describing
lessons / impacts, high
resolution photos (.jpg format)
and the final reconciled
budget
Date: May 28 , 2027
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
10
USDN Presentation
Possible scheduling of a presentation to the network:
dependent on the outcomes, audience, and USDN
network communications schedule
Budget Check List. Grantee confirms that:
• The yearly budget breakdown coincides with the project term (e.g.: 3 years max)
• The preferred cadence for fund disbursement works for you (e.g., the total amount of the award
split over 3 years)?
• The budget categories (e.g., personnel, fringe, travel, equipment, supplies, contractual, etc.) does
not include lobbying or equipment purchase.
• They used the 10% de minimis rate or an approved negotiated indirect cost rate agreement
(NICRA) Rate. Indirect costs are not required.
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
11
Appendix 2. Full Project Proposal
1. Project Scope Alignment: This project seeks to address the issues posed by climate change, the “severe”
EPA-rated air quality in the northern Colorado Front Range, threats to water quality, declining urban tree
canopies, declining tree diversity, declining tree health, hazardous trees, stormwater runoff, a lack of
opportunities for paid training and entry level urban forestry jobs, and by the current state of inequitable
environmental justice and urban tree canopies in Wheat Ridge, Colorado. Wheat Ridge is a proud “Tree
City USA” dating back to 1979 and currently manages over 8,000 trees in public spaces.
This project will contribute to the funding opportunity goals by increasing the urban tree canopy in public
spaces by over 12.5%, directing significantly higher forestry investment towards the disadvantaged areas
detailed in #5, providing paid training opportunities for youth, and funding an additional full-time urban
forestry position. The increased urban tree canopy will benefit air quality, water quality, people’s mental
and physical health, the workforce and economy, wildlife and plant habitats, resilience to climate change,
tree diversity, and help mitigate urban temperature increases. Wheat Ridge has disadvantaged areas
detailed in #5 where most of this investment will be directed. 19.8% of the city’s population is over 65
(higher than the state rate of 15.1% and the Jefferson County rate of 17.4%), median household income
is $73,231 (vs.$80,184 and $93,933 respectively), and persons in poverty percentage is 12.1% (vs. 9.7%
and7.3%). (Census Quickfacts)
It aligns with 6 of the 7 goals listed within the MOU on Promoting Equitable Access to Nature in Nature-
Deprived Communities. The proposal identifies nature-deprived communities through the CEJST,
EJScreen, EPA EnviroAtlas Interactive Map, and Opportunity Zones (see #5). It increases access to nature
and its benefits through this federal funding program and increasing the urban tree canopy. It enhances
collaboration through partnerships with Jefferson County Public Health, Jefferson County Open Space,
Mile High Youth Corps, Sustainable Wheat Ridge, the Jeffco Food Policy Council, the volunteer Tree
Stewards program, Foothills Regional Housing, and other city departments. It improves public health and
safety through the numerous health benefits from a larger urban tree canopy. It develops community
leaders and capacity through the volunteer Tree Stewards program, the Mile High Youth Corps (MHYC)
partnership, and involvement from the resident Parks and Recreation Commission and Cultural
Commission. Finally, it builds trust through the detailed partnerships and engagement-efforts.
This project aligns with the “Conserving and Restoring America the Beautiful” report. It improves upon
the 3 problems listed by increasing the urban tree canopy with larger increases in disadvantages areas.
It’s in-step with 6/8 Principles listed (excepting #s 4 & 6). Finally, it implements 4/6 of the
“Recommendations for Early Focus and Progress…” (excepting #s 2 & 5). This project will contribute to
congressional goals as indicated by the 2023 congressionally directed spending decisions. This project is
similar to funded forestry, streetscape, and air and water quality projects funded through the
Departments of Agriculture, Energy, the Interior, the Bureau of Reclamation, the Army Corps of Engineers,
the Environmental Protection Agency, the Forest Service, and the Fish and Wildlife Service. (2023
Congressionally Directed Spending)
This project will contribute to Justice 40 goals primarily because Census Tract 104.06 is a disadvantaged
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
12
area and includes part of the Wheat Ridge Greenbelt (open space with Clear Creek and the Peaks to Plains
Trail running through it), Creekside Park, Harlan St., and Marshall St. Those areas would receive significant
additional tree planting (at least 100 new trees) and an increased urban tree canopy through this project.
This Census Tract is identified as disadvantaged through the CEJST. It meets the associated socioeconomic
threshold and the following burden thresholds: Climate Change (expected building loss rate and expected
population loss rate), Health (asthma), Transportation (traffic proximity and volume), and Water and
wastewater (wastewater discharge).
This project will contribute to 5 of the 6 Colorado State Forest Action Plan themes (goals) that all fall within
the 3 National Action Plan Priorities. It will improve “Forest Conditions” (#1) by increasing positive net
growth of diverse trees in forests, slowing the increase of temperatures by increasing the urban tree
canopy, address afforestation and reforestation by planting ~1,000 native species trees, expanding the
Tree Stewards program which cares for public trees, and will reduce impacts of biological stressors by
mitigating invasive species and reforesting with a more diverse array of tree species better suited to
expected future climate conditions. (Colorado Forest Action Plan pgs. 30-35)
This project will contribute to the “Living with Wildfire” (#2) by supporting the ongoing fire fuel mitigation
efforts in the wildland-urban interface in the Wheat Ridge Greenbelt. It will alter forest structure by
enhancing species and structural diversity and increasing the planting of native tree species to reduce the
risk and severity of wildfire. (CO Action Plan pgs. 36-41)
For “Watershed Protection” (#3), 360 acres of open space, 4 parks, and significant right-of-way areas are
along Clear Creek, Lena Gulch, and 4 small lakes in Wheat Ridge. This watershed eventually connects to
the South Platte River. This project would maintain and enhance water quality by increasing the tree
canopy throughout these areas, which would moderate surface water temperature increases, reduce the
risk of erosion, maintain mature riparian forests, reduce the offloading of nutrients and other pollutants,
enhance the ability to retain water as snowpack, prepare for heavy precipitation events/flooding, improve
stormwater runoff filtering, and restore forest cover in these riparian areas. Improving the health of these
areas through additional tree planting supports ecological functions that forests provide, including air and
water purification, habitat, carbon sequestration and nutrient cycling. (pgs. 42-47)
For “Forest Wildlife” (#4), increasing the tree canopy in Wheat Ridge open spaces through this project will
enhance the limited wildlife habitats in the urban environment, increase native biodiversity, detect, and
mitigate invasive forest species, protect and restore sources of food/water/cover for wildlife, and improve
public engagement around the efforts and importance of wildlife conservation. (pgs. 48-53)
This funding program and the City of Wheat Ridge being in the Denver metro directly align with the “Urban
and Community Forestry” (#5) theme/goal. Details are shown throughout this proposal. (pgs. 54-59) This
project proposal does not address goal #6: “Forest Products.” This project will contribute to all 7 goals of
the Ten-Year Urban and Community Forestry Action Plan. With Goal #1, “Integrate Urban and Community
Forestry Into all Scales of Planning”, this project includes the Wheat Ridge Community Development
Department (which includes the Planning Division) as a key partner. Community Development is including
tree plantings in the planning and design of five major improvement projects, including trees in the City’s
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
13
upcoming Comprehensive Plan update in 2023-2024 (updating the 2009 plan). The Parks and Recreation
Department manages annual public awareness campaigns around the benefits of trees (public Tree Sale),
the importance of tree care (Regenerate Wheat Ridge program), the risks of Emerald Ash Borer (Watch
Your Ash program). This funding would increase urban trees in public space planning, infrastructure, and
private development and would increase the capacity of the other programs and initiatives listed above.
(pgs. 26-32)
With #2, “Promote the Role of Urban and Community Forestry in Human Health and Wellness” this project
would partner with Jefferson County Public Health, Sustainable Wheat Ridge, Jefferson County Open
Space, the Jefferson County Food Policy Council, the Tree Stewards, and other advocacy groups to
promote the importance of forestry to public health. (pgs. 33-40)
With #3, “Cultivate Diversity, Equity, and Leadership Within the Urban Forestry Community” this project
would increase diversity, equity, and accessibility in urban and community forestry by increasing the tree
canopy in underserved areas of Wheat Ridge. It increases workforce development and training
opportunities in the industry by providing opportunities for 5 years of forestry work from the MHYC and
adding a full-time Natural Resources position. (pgs. 41-48)
With #4, “Strengthen Urban and Community Forest Health and Biodiversity for Long-Term Resilience” this
project will increase the biodiversity and health of urban trees by planting a diverse array of species,
treating sick trees, and removing unhealthy trees. It will also improve forests facing climate change
challenges by increasing the urban tree canopy and community food resilience by increasing existing food
forests and community gardens. (pgs. 49-56)
With #5 “Improve Urban and Community Forest Management, Maintenance, and Stewardship” this
project will increase the staff capacity for implementing best practices for forest management and
maintenance in the near term (5-year program timeline) and build support for sustained increased
capacity in the long-term beyond the funding period. (pgs. 57-64)
With #6 “Diversify, Leverage, and Increase Funding for Urban and Community Forestry” this funding would
increase overall investment in urban forestry. The diverse partners involved in this proposal show the
collaboration on this project from partners in related fields and may spur increased forestry investment
from those fields. (pgs. 65-72)
With #7 “Increase Public Awareness and Environmental Education to Promote Stewardship” this project
would expand the existing environmental education programs in Wheat Ridge, support the expansion of
the volunteer Tree Stewards program, and increase the engagement with underserved communities on
urban forestry establishment and stewardship. (pgs. 73-80)
2.Implementation Strategy/Methodology/Timeline: Approach: Wheat Ridge’s approach to this 5-year
project timeline has two primary planting components plus additional support areas. 1) Including 500+
tree plantings in ongoing and upcoming capital project improvements to increase the tree canopy in those
areas (typically from low levels due to construction). This approach also helps to build tree plantings into
the capital projects planning and construction culture and processes within the City. 2) Increase the tree
plantings in Wheat Ridge parks, open spaces, and right-of-way areas by at least 500 trees by 2029. The
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
14
Forestry team will utilize Davey Resource Group (DRG) TreeKeeper, TreeKeeper Canopy, and assessment
tools listed in the budget narrative to identify the strategic locations within these areas that either make
sense for new trees or are needed to replace trees that used to be there. Combined, this work will increase
the urban tree canopy by over 12.5% on Wheat Ridge public lands (from 8,000 to over 9,000 trees).
The support areas include an entry-level, full-time Natural Resources Specialist position to implement
evidence-based forestry management strategies, perform local research, expand the use of the
Treekeeper software programs for forest analysis, planning, inventory, monitoring, assessment, and to
address invasive species. It also includes supplies for initial tree planting and care, MHYC planting weeks,
signage and marketing efforts acknowledging the funding and promoting the value of trees, and support
to expand the city’s volunteer Tree Stewards program to care for the new trees. More details are included
in other sections.
Methodology: The project would deploy assessment tools from DRG to direct tree investment to
underserved areas to improve tree canopy equity and benefits. These tools include Land Cover Mapping
and Metrics, Tree Canopy Benefits, Priority Planting Opportunity Index and Plan, Heat Island and Surface
Temperatures, and a 5-year subscription to TreeKeeper Canopy which incorporates private trees into the
existing public tree tracking. The public-facing tree canopy maps can be used to target efforts to increase
the tree canopy on private lands and to educate the public on the many benefits and value of the urban
tree canopy.
Operations Strategies: Wheat Ridge’s 3-person Forestry crew, Natural Resources Specialist, and Forestry
Supervisor will direct this effort. They will choose the specific trees for each location, select the locations,
plant (or manage the planting of) the trees, and maintain the new trees for their first 3 years using water
bags, wrap, tethers, stakes, mycorrhizae, and compost. The significant increase in plantings in this
proposal results in our team needing additional support. The proposal includes 10 weeks (2 weeks/year)
of MHYC time to assist with getting the trees into the ground. This collaboration also addresses funding
priorities by providing paid on the-job training opportunities, youth employment opportunities, and
workforce development for the industry.
Project Schedule/Timeline with Goals/Milestones:
•2024 year-end: Deployed DRG assessment tools to direct tree plantings throughout and beyond the
proposal timeframe, planted 275 trees in “Improve Wadsworth” street and trail project, planted ~100
trees in parks/open space/ROW areas, hired/trained a full-time Natural Resources Specialist, executed 2
weeks of MHYC work, increased Tree Stewards volunteer hours by 5% from 2022 hours, and, through
broadened community engagement in local urban forest planning, included urban tree canopy equity
assessments and improvements in the 2024 City Comprehensive Plan.
•2025 year-end: Completed 65 plantings at the Green at 38th project, planted ~100 trees in parks/open
space/ROW areas, executed 2 weeks of MHYC work, increased Tree Stewards volunteer hours by 5% from
2024 hours, and, through broadened community engagement in local urban forest planning, included
urban tree canopy equity assessments and improvements in the 2025 Parks and Recreation Department
Master Plan.
•2026 year-end: Completed 39 plantings at the Ward Transit-Oriented-Development, planted ~100 trees
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
15
in parks/open space/ROW areas, executed 2 weeks of MHYC work, and increased Tree Stewards volunteer
hours by 5% from 2025 hours.
•2027 year-end: Completed 95 plantings at the Youngfield Street Beautification project, planted ~100
trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, and maintained 2026 Tree
Stewards hours.
•2028 year-end: Completed 30 plantings at the Wadsworth Trail extension project, planted ~100 trees in
parks/open space/ROW areas, executed 2 weeks of MHYC work, and maintained 2027 Tree Stewards
hours. Finalize budget adjustments to fund Natural Resources Specialist position full-time beyond the
grant period.
Expected Accomplishments and Measurable Outcomes:
•Plant at least 1,000 trees in Wheat Ridge public spaces
•Contract with Mile High Youth Corps for at least 10 weeks of planting work
•Fully fund entry-level, full-time Natural Resources Specialist position following program
•Fund 3 new seasonal forestry positions for 5 years
•Expand Tree Steward volunteer program hours 5% yearly 2024-2026, maintain through 2028
•Deploy DRG assessment tools to track the urban tree canopy, increase tree canopy equity, direct tree
investment, and increase tree maintenance efficiency
•Promote benefits of the urban tree canopy and funding acknowledgement with signage installed on-site
at at least 3 physical project locations annually (15+ locations total) and with at least 12 publications, press
releases, and/or online posts annually (monthly, 60+ total)
•Include tree planting, tree maintenance, and urban canopy approaches and goals in City 2024
Comprehensive Plan update and Department 2025 Master Plan update (y/n outcome)
Project Assessment/Evaluation Methods:
Annually evaluate:
•Are we on track with the above project timeline and expected measurable outcomes?
•Did we meet our milestones for each respective year?
•Are we on track with program expenses and 5-year budget?
o For the 3 above questions, if not, what needs to happen to get back on track?
•Are we ordering and planting an appropriate diversity of trees following the 20/10/5 rule?
o Are we planting trees that will thrive in the selected environmental conditions?
•Is Treekeeper Canopy up to date with the newly planted trees?
•Did the Tree Stewards program increase volunteer hours 5% each year 2024-2026?
End of program (year-end 2028) evaluation:
•Did we complete the total expected accomplishments?
•Did the program justify the Natural Resources Specialist position beyond the grant period?
•Did the program result in urban tree canopy approaches, goals, and metrics being included in
the updated City Comprehensive Plan and Department Master Plan?
•Did the program result in future, large scale city capital projects (beyond 2028) continuing to
incorporate tree plantings in the planning, design, and construction processes?
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
16
3. Capability and Capacity:
City of Wheat Ridge Parks and Recreation Department:
•Andrew McDonald, Forestry and Open Space Supervisor: Manage the planting project, overall budget
tracking, contracting with MHYC and professional crews
•Jim Roemmelt, Forestry Technician: City Forester, manages planting and maintenance crew
•Natural Resources Specialist (new): Inventory, research, assessment, DRG analysis tools
•Susan Bennett, Environmental Interpreter: Liaison with Tree Stewards, leads education
•Benny Paiz, Parks, Forestry, Open Space Manager: Leads 30 FTEs, budget, contractors
•Mark Ruote, Parks Projects Coordinator: 35+ years’ experience, help with large plantings
•Brandon Altenburg, Grant and Special Project Administrator: Grant reporting, budget tracking, metric
tracking, grant communications
•Karen O’Donnell, Parks and Recreation Director: Oversees 53-staff department
•Danielle Moore, Marketing Specialist: Project marketing City of Wheat Ridge Administrative Services
Department:
•Amanda Harrison, Communications Manager: Project marketing
•Mark Colvin, Finance Manager: Project accounting
•Mary Hester, Sustainability Coordinator: Liaison with Sustainable Wheat Ridge
City of Wheat Ridge Community Development Department:
•Lauren Mikulak, Community Development Director: Oversees Planning, Development &
Zoning, Long Range Planning, Engineering, and Building & Inspection Services Divisions
•Mark Westberg, Projects Supervisor: Leads Community Development projects
•Ashley Holland, Neighborhood Engagement Specialist: Leads public engagement efforts
Jefferson County Open Space:
•Julie Liggett, Grants and Special Projects Coordinator: Assist with Crown Hill Open Space
4. Communications Plan:
The City’s communications plan for this proposal includes funding for dedicated signage acknowledging
the funding sources at specific project location where at least 25 trees will be newly planted. These
locations include the following projects: Improve Wadsworth street and trail project, Youngfield
beautification, Ward Station Transit Oriented Development, Wadsworth Trail extension, and the Green at
38th. It will also include acknowledgement signage funding at locations where the existing tree canopy
will be greatly increased, including at minimum: the Wheat Ridge Greenbelt, Creekside Park, Randall Park,
Stites Park, Hayward Park, Boyd’s Crossing Park, Discovery Park, and Lewis Meadows Open Space.
The communications plan also includes funding and project information being distributed through press
releases, the City’s publications including Wheat Ridge Connections and Mayor’s Matters, the
department’s quarterly Activity Guides and monthly e-newsletters, information on the city and
department websites, physical and digital poster assets, social media promotion, and specific outreach
through the networks of project partners including Sustainable Wheat Ridge, Jefferson County Open
Space, the Tree Stewards, Denver Urban Gardens, and the Mile HighYouth Corps.
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
17
There will be significant community engagement throughout this project in partnership with Jeffco Public
Health, Sustainable Wheat Ridge, and the partnering city departments. These groups will promote the
value of the urban tree canopy, encourage increased plantings on private land, and increase the emphasis
on trees in urban forest planning. The project team has the staff and capacity detailed in #3 specifically
for this communications and engagement work.
5. Evidence of Disadvantaged Community Status. This proposal will increase the tree canopy in all
neighborhoods in Wheat Ridge, with a focus on the underserved neighborhoods described below and
noted in the Maps document. Approximately 75% of the trees planted throughout this project will be in
disadvantaged neighborhoods. Within the disadvantaged areas, specific planting locations will be directed
by the analysis from the TreeKeeper Canopy program, the Priority Planting Opportunity Index and Plan,
the Social Equity and Tree Canopy Comparison tool, and via staff expertise on specific tree species and
environmental conditions.
The work in disadvantaged communities from CEJST is covered in #1 of this narrative. From the EPA’s
EJScreen with Environmental Justice Indicators, Socioeconomic Indicators, Health Disparities, Climate
Change Data, and Critical Service Gaps, most Census Tracts within Wheat Ridge have parts in the 80th+
percentile for Ozone and “over age 65”. Parts of Census Tracts 104.06, 107.01, and 107.02 are in the 80th+
percentile for Diesel Particulate Matter, Air Toxics Cancer Risk, Air Toxics Respiratory HI, Traffic Proximity,
Lead Paint, Superfund Proximity, Hazardous Waste Proximity, Underground Storage Tanks, Wastewater
Discharge, Low Income, and Broadband Gaps. Specific Census Tracts are also in the 80%+ for Particulate
Matter 2.5, RMP Facility Proximity, Demographic Index, Supplemental Demographic Index, People of
Color, Unemployment Rate, Limited English Speaking, Less Than High School Education, Under Age 5, Low
Life Expectancy, Asthma, Wildfire Risk, and Medically Underserved.
From the EPA’s EnviroAtlas Interactive Map, Wheat Ridge has multiple Census Block Groups above the
75th percentile for “households below the quality-of-life threshold income” and multiple Groups in the
2nd highest category for “cancer risk per million due to cumulative air toxics.” Census Block Group
0805901042 is currently an Opportunity Zone. Proof of work/tracking showing the various maps is
submitted in section #12 of this application.
The census tracts we will be working in are listed below:
104.02, Census Block Groups 3 & 4
104.03, Census Block Groups 1-4
105.02, Census Block Groups 1-4
105.03, Census Block Groups 1 & 2
104.06, Census Block Group 2
104.05, Census Block Group 1
106.03, Census Block Groups 1-4
106.04, Census Block Groups 1-3
107.01, Census Block Groups 1-3
107.02, Census Block Groups 1-3
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
1
Revised Budget Table.
Total Funds
(requested)
2024 Estimated
Spend
2025 Estimated
Spend
2026 Estimated
Spend
2027 Estimated
Spend
Line Item
Totals
Supplies
(275) Trees within the Wadsworth
Boulevard Project
$110,000.00 $
110,000.00
$
110,000.00
(95) Trees within the Youngfield
Project
$38,000.00 $
38,000.00
$
38,000.00
(39) Trees within the Ward Transit
Oriented Development Project
$15,600.00 $
-
$
15,600.00
$
-
$
-
$
15,600.00
(30) Trees within the Wadsworth
Trail Extension
$12,000.00 $
-
$
-
$
12,000.00
$
-
$
12,000.00
(115) Trees within the Green at
38th
$41,574.00 $
-
$
41,574.00
$
-
$
-
$
41,574.00
(32) Trees at Foothills Regional
Housing Locations (affordable
housing)
$4,800.00 $
4,800.00
$
-
$
-
$
-
$
4,800.00
(40) Trees at Crown Hill Park $16,000.00 $
-
$
16,000.00
$
-
$
-
$
16,000.00
(100) Trees within the Eastern
Wheat Ridge Greenbelt
$40,000.00 $
10,000.00
$
10,000.00
$
10,000.00
$
10,000.00
$
40,000.00
(100) Trees within the Eastern
Wheat Ridge Parks: Creekside,
Randall, Stites, Panorama, Hopper
Hollow, Hayward, Apel-Bacher
$40,000.00
$
10,000.00
$
10,000.00
$
10,000.00
$
10,000.00
$
40,000.00
(100) Trees within the primary
Eastern ROW Areas: Marshall,
Harlan, 38th
$40,000.00 $
10,000.00
$
10,000.00
$
10,000.00
$
10,000.00
$
40,000.00
(200) Trees within the remaining
Wheat Ridge Parks, Open Space,
ROW Areas
$80,000.00 $
20,000.00
$
20,000.00
$
20,000.00
$
20,000.00
$
80,000.00
Supplies for Tree Stewards
Program Expansion
$5,000.00 $
2,000.00
$
1,000.00
$
1,000.00
$
1,000.00
$
5,000.00
Compost $2,000.00 $
500.00
$
500.00
$
500.00
$
500.00
$
2,000.00
Mycorrhizae $4,000.00 $
1,000.00
$
1,000.00
$
1,000.00
$
1,000.00
$
4,000.00
Tools $2,000.00 $
500.00
$
500.00
$
500.00
$
500.00
$
2,000.00
Tree Stakes $6,216.00 $
1,554.00
$
1,554.00
$
1,554.00
$
1,554.00
$
6,216.00
Tree Tethers $800.00 $
200.00
$
200.00
$
200.00
$
200.00
$
800.00
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
2
Tree Wrap $600.00 $
150.00
$
150.00
$
150.00
$
150.00
$
600.00
Water Bags/Gaiters $6,000.00 $
1,500.00
$
1,500.00
$
1,500.00
$
1,500.00
$
6,000.00
Signage/Marketing for Project $10,000.00 $
2,500.00
$
2,500.00
$
2,500.00
$
2,500.00
$
10,000.00
Contractual
Mile High Youth Corps 10 weeks of
Crew Work
$90,000.00 $
18,000.00
$
27,000.00
$
27,000.00
$
18,000.00
$
90,000.00
Davey Resource Group (DRG)
TreeKeeper Software Program 5-
Year Subscription
$10,000.00 $
2,000.00
$
2,000.00
$
2,000.00
$
4,000.00
$
10,000.00
DRG TreeKeeper Canopy Software
Program Launch/Year 1
$4,500.00 $
4,500.00
$
-
$
-
$
-
$
4,500.00
DRG TreeKeeper Canopy Software
Program Web-Based Training
$750.00 $
750.00
$
-
$
-
$
-
$
750.00
DRG TreeKeeper Canopy Software
Program Years 2-4
$6,000.00 $
2,000.00
$
2,000.00
$
2,000.00
$
6,000.00
DRG Land Cover Mapping and
Metrics Tool
$8,480.00 $
8,480.00
$
-
$
-
$
-
$
8,480.00
DRG Tree Canopy Benefits $1,486.00 $
1,486.00
$
-
$
-
$
-
$
1,486.00
DRG Priority Planting Opportunity
Index and Plan
$2,860.00 $
2,860.00
$
-
$
-
$
-
$
2,860.00
DRG Heat Island and Surface
Temperature
$2,574.00 $
2,574.00
$
-
$
-
$
-
$
2,574.00
DRG Social Equity and Tree Canopy
Comparison
$2,530.00 $
2,530.00
$
-
$
-
$
-
$
2,530.00
DRG Tree Canopy Change
Assessement
$4,400.00 $
4,400.00
$
-
$
-
$
-
$
4,400.00
DRG General Health of Tree
Canopy
$1,044.00 $
1,044.00
$
-
$
-
$
-
$
1,044.00
Other (sub-
grants only)
Total Direct
Costs:
$609,214.00 $
113,328.00
$
201,078.00
$
211,904.00
$
82,904.00
$
609,214.00
Indirect
Cost:
$59,859.00 $
14,964.75
$
14,964.75
$
14,964.75
$
14,964.75
$
59,859.00
Total Project
Cost:
$669,073.00 $
128,292.75
$
216,042.75
$
226,868.75
$
97,868.75
$
669,073.00
CRS13 – Wheat Ridge, CO
Project Amount: $669,073
Project Completion Date: December 1, 2027
1
Appendix 3. Original Federal Application Documents for Historical Context
See next page.
Forest Service Use Only
Online Tracking ID: ira-58272
Revision: 0.054 DRAFT
APPLICATION PACKAGE
USDA Forest Service Urban and Community Forestry
Inflation Reduction Act Notice of Funding Opportunity (NOFO)
Proposals are due by June 4th, 2023 11:55 PM EST
APPLICATION SUMMARY
Expanding the Urban Tree Canopy in Wheat Ridge
Brandon Altenburg
baltenburg@ci.wheatridge.co.us
TABLE OF CONTENTS
Cover Sheet 3
Project Narrative 14
Budget 21
Budget Narrative 23
SF-424 39
SF-424A 42
SF-424B 47
Additional Proposal Information 49
Project Partner Support Letter: Antonio Barreiro 55
Project Partner Support Letter: Mr. Michael Bennet 56
Project Partner Support Letter: Maria D'Andrea 57
Project Partner Support Letter: Amy DePierre 58
Project Partner Support Letter: Ms. Monica Duran 59
Project Partner Support Letter: Thomas Fitzgerald 60
Project Partner Support Letter: Patrick Goff 61
Project Partner Support Letter: Tom Hoby 62
Project Partner Support Letter: Ashley Holland 63
Project Partner Support Letter: Kathleen Martell 64
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Project Partner Support Letter: Lauren Mikulak 65
Project Partner Support Letter: Hallie Nelson 66
Project Partner Support Letter: Karen O'Donnell 67
Project Partner Support Letter: Mr. Scott Ohm 68
Project Partner Support Letter: Ms. Brittany Pettersen 69
Project Partner Support Letter: James Rada 70
Project Partner Support Letter: Cambria Rollo 71
Project Partner Support Letter: Howard Wright 72
Page 2 of 72 TOC ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Forest Service Use Only
Online Tracking ID: ira-58272
Revision: 0.054 DRAFT
COVER SHEET
USDA Forest Service Urban and Community Forestry
Inflation Reduction Act Notice of Funding Opportunity (NOFO)
Proposals are due by June 4th, 2023 11:55 PM EST
GRANT CATEGORY
Inflation-Reduction-Act-Urban-and-Community-Forestry: Inflation Reduction Act - Urban and
Community Forestry
PROJECT TITLE
Expanding the Urban Tree Canopy in Wheat Ridge
PROJECT CONTACT INFORMATION
Primary Contact:
Brandon Altenburg
City of Wheat Ridge
Grant and Special Project Administrator
4005 Kipling St
Wheat Ridge, CO 80033
Phone: (303) 231-1307
Email: baltenburg@ci.wheatridge.co.us
Secondary Contact:
Andrew McDonald
City of Wheat Ridge
Forestry and Open Space Supervisor
Email: amcdonald@ci.wheatridge.co.us
Page 3 of 72 Cover Sheet ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
PROPOSAL ABSTRACT
(100 word maximum)
This proposal would improve tree canopy equity by planting 1,000+ trees in Wheat Ridge, CO
with 75%+ being in disadvantaged areas. This would increase the urban tree canopy in public
spaces by over 12.5% and help improve the “severe” EPA-rated air quality in the region, among
numerous other benefits. Additional urban forestry jobs, annual Youth Corps contracts, and new
analysis software programs are included to effectively complete the project. Key partners
include the County Public Health and Open Space departments, Mile High Youth Corps,
Sustainable Wheat Ridge, the, the volunteer Tree Stewards program, Foothills Regional
Housing, and other city departments.
NON-FEDERAL FUNDS MATCH WAIVER
Applicant is not seeking non-federal funds match waiver
FUNDING REQUEST AND MATCH
(Non-Federal Matching Funds MUST be equal to or greater than the Federal Funds Requested
unless the applicant has requested a Non-Federal Funds Match Waiver.)
REQUESTED: $669,073.00 + MATCHING: $669,073.00 = TOTAL PROJECT: $1,338,146.00
REQUESTING ADMINISTRATIVE / TECHNICAL ASSISTANCE
Applicant has not requested to to receive administrative and technical assistance from a
designated Sub-Award Partner.
PASS-THROUGH FUNDING (SUB-AWARDS) PARTNER REQUEST
Applicant has not requested to be considered as a Pass-Through (Sub-Awards) partner.
PROJECT PARTNERS
Page 4 of 72 Cover Sheet ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
1.Barreiro, Antonio
Mile High Youth Corps
Chief Operating Officer
1801 Federal Blvd.
Denver, CO 80204
Phone: (303) 433-1206 x4223
Email: kiaa@mhyc.net
PARTNER INVOLVEMENT:
Mile High Youth Corps (MHYC) engages young adults, ages 17-24, in crew-based
stewardship projects that benefit the environment, the community and the youth
themselves. MHYC members earn a binweekly stipend and an AmeriCorps education
award, in addition to industry-relevant trainings and networking. Since 2008, MHYC and
Wheat Ridge have partnered on tree plantings, fuel reduction, invasive tree removal and
other habitat restoration projects that have provided our youth with technical skill building
and career development opportunities. MHYC would appreciate the opportunity to partner
with Wheat Ridge by providing two weeks of conservation crew time per year over five
years.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
2.Bennet, Mr. Michael
United States Senate
Senator from Colorado
261 Russell Senate Office Building
Washington, DC 20510
Phone: (202) 224-5852
Email: Priscilla_Resendiz@bennet.senate.gov
PARTNER INVOLVEMENT:
This is a general letter of support for this proposal from Colorado Senator Michael
Bennet.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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3.D'Andrea, Maria
City of Wheat Ridge Public Works Department
Director of Public Works
7500 W 29th Ave
Wheat Ridge, CO 80033
Phone: (303) 205-7601
Email: mdandrea@ci.wheatridge.co.us
PARTNER INVOLVEMENT:
The Wheat Ridge Public Works Department maintains the city's infrastructure including
133 miles of streets and more than 40 miles of storm sewers throughout the city. Most
right-of-way areas in Wheat Ridge include trees and this project proposal would result in
major improvements with filling in areas without trees, replacing lost trees on public
property, and replacing damaged/sick trees throughout Wheat Ridge. Unfortunately,
some improvement projects can result in trees being removed during construction.
However, all capital projects attempt to replace any removed trees. This funding would
help the City more quickly and effectively replace those trees.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
4.DePierre, Amy
Sustainable Wheat Ridge
Co-Chair, Sustainable Wheat Ridge
7500 W. 29th Ave
Wheat Ridge, CO 80033
Phone: (303) 235-2819
Email: amy.depierre@gmail.com
PARTNER INVOLVEMENT:
Sustainable Wheat Ridge (SWR) is a volunteer, resident-led committee focused on
advancing sustainability. SWR is excited by the possibility of this partnership and is
committed to volunteering and volunteer recruitment efforts for tree planting and tree
care. SWR is committed to engaging with community groups to educate them about
urban forestry and support their active participation. SWR believes there is an opportunity
to engage with senior citizens to educate them on available opportunities as well as the
need to mitigate climate change. SWR will assist with the identification areas needing
additional tree canopy along bicycle routes and at public transportation stops.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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5.Duran, Ms. Monica
Colorado House of Representatives
Majority Leader
Colorado State Capitol
200 East Colfax Avenue, Room 307
Denver, CO 80203
Phone: (303) 866-5522
Email: monica.duran.house@coleg.gov
PARTNER INVOLVEMENT:
This is a general letter of support for this proposal from Colorado State Representative,
and Majority Leader, Monica Duran.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
6.Fitzgerald, Thomas
Volunteer with the Wheat Ridge Tree Stewards
Volunteer
7465 West 48th Circle
Wheat Ridge, CO 80033
Phone: (303) 424-1082
Email: casafitz@aol.com
PARTNER INVOLVEMENT:
The Wheat Ridge Tree Stewards are a volunteer group that work seasonally from
May-September to assist with watering, maintaining, and inspecting trees throughout the
Wheat Ridge Greenbelt (open space). With the increased tree plantings through this
proposal, the quantity of trees that the Tree Stewards will increase and we will need
increased volunteer hours to adequately care for the trees. This group goes through
annual training, is equipped with tools from the City, and is an essential resource for the
urban tree canopy in Wheat Ridge.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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7.Goff, Patrick
City of Wheat Ridge
City Manager
7500 W 29th Ave
Wheat Ridge, CO 80033
Phone: (303) 235-2805
Email: pgoff@ci.wheatridge.co.us
PARTNER INVOLVEMENT:
This is a letter of support for this proposal from Wheat Ridge’s City Manager Patrick Goff.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
8.Hoby, Tom
Jefferson County Open Space
Director
700 Jefferson Parkway
Golden, CO 80401
Phone: (303) 271-5930
Email: thoby@jeffco.us
PARTNER INVOLVEMENT:
Jefferson County Open Space (JCOS) is committed to purchasing approximately 40
native trees at an estimated cost of $400/tree, a total project commitment of $16,000, for
Crown Hill Park as part of this project if funding is awarded. JCOS is submitting a
separate grant request for removing ash trees in one of its three urban parks and planting
native trees in shrubs in all three of those parks. JCOS manages 56,000 acres over 27
open space parks and will work closely with Wheat Ridge staff to develop a planting plan
for Crown Hill Park.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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9.Holland, Ashley
City of Wheat Ridge
Neighborhood Engagement Specialist
7500 W 29th Ave
Wheat Ridge, CO 80033
Phone: (303) 235-2858
Email: aholland@ci.wheatridge.co.us
PARTNER INVOLVEMENT:
Wheat Ridge has fostered a culture of public participation and increased opportunities for
our residents to share their thoughts and ideas of how to improve our city. The
Neighborhood Engagement Specialist supports these efforts and acts as a voice for our
residents as we plan for the future. In each neighborhood, residents have expressed
interest in preserving and adding to our urban canopy. Residents tout the fact that Wheat
Ridge has the status of Tree City USA. They note the importance of trees in providing
shade, cooling our neighborhoods, and acting as habitat for local wildlife.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
10.Martell, Kathleen
Wheat Ridge Cultural Commission
Commission Chair
4005 Kipling St
Wheat Ridge, CO 80033
Phone: (303) 231-1308
Email: K_martell@comcast.net
PARTNER INVOLVEMENT:
The Wheat Ridge Cultural Commission is a City Council-confirmed, volunteer, resident
committee which works to promote culture and the arts, to oversee public art, and to
provide art enrichment opportunities to benefit the residents of the City. Wheat Ridge has
been an official "Tree City USA" for 43 years, almost since the program's creation, and
trees and their benefits are an essential part of living in Wheat Ridge. Many cultural
experiences, events, and programs benefit from including and/or being adjacent to trees
throughout the City and the Cultural Commission can promote the benefits of trees
through this program.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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11.Mikulak, Lauren
City of Wheat Ridge Community Development Department
Director of Community Development
7500 W. 29th Ave
Wheat Ridge, CO 80033
Phone: (303) 235-2845
Email: lmikulak@ci.wheatridge.co.us
PARTNER INVOLVEMENT:
The Wheat Ridge Community Development Department includes both the Planning and
Engineering Divisions and is committed to its role in implementing the City’s Streetscape
Design Manual. The majority of the areas included in the above projects are heavily
urbanized or commercial areas with minimal landscaping and almost no tree canopy. The
Wheat Ridge Community Development Department currently has several projects within
concept, planning, design, and construction phases that will be under construction during
the 2024-2028 timeline.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
12.Nelson, Hallie
Jefferson County Food Policy Council
Director
4005 Kipling St
Wheat Ridge, CO 80033
Phone: (205) 434-7241
Email: hallie@jeffcofpc.org
PARTNER INVOLVEMENT:
The Jefferson County Food Policy Council is a community-led organization that aims to
build a food secure community. Our vision includes healthy food access for all residents,
a vibrant and equitable farming infrastructure, a healthy ecosystem, and a thriving local
food economy. The City of Wheat Ridge’s application advances our community towards a
healthier ecosystem through local climate solutions to support the long-term health of our
community.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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13.O'Donnell, Karen
City of Wheat Ridge
Director of Parks and Recreation
4005 Kipling St.
Wheat Ridge, CO 80033
Phone: (303) 231-1308
Email: kodonnell@ci.wheatridge.co.us
PARTNER INVOLVEMENT:
The Wheat Ridge Parks and Recreation Department is committed to leading this project.
The Forestry team will direct the planting of ~1,000 additional trees in Wheat Ridge parks,
open spaces, right of way areas, and development projects.. Tis project is also an
opportunity to promote the benefits of trees to the community. We already do this through
annual Arbor Day events, a community tree sale, and a grant program to residents for
tree health and maintenance, but could increase community engagement and education
efforts even more through this project.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
14.Ohm, Mr. Scott
Wheat Ridge City Council
District 2 City Councilmember
7500 W 29th Ave
Wheat Ridge, CO 80033
Phone: (303) 234-5900
Email: sohm@ci.wheatridge.co.us
PARTNER INVOLVEMENT:
District 2 Wheat Ridge City Councilmember Scott Ohm submitted a general letter of
support for this proposal and details its alignment with 7 of the 8 current City Council
strategic priorities. Councilmember Ohm can also promote this initiative and the value of
the urban tree canopy directly to his district.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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15.Pettersen, Ms. Brittany
United States House of Representatives
Member of Congress
1230 Longworth HOB
Washington, DC 20515
Phone: (202) 225-2645
Email: david.clark@mail.house.gov
PARTNER INVOLVEMENT:
This is a general letter of support for this proposal from Colorado Representative Brittany
Pettersen.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
16.Rada, James
Jefferson County Public Health; Environmental Health Services
Director
645 Parfet Street
Lakewood, CO 80215
Phone: (303) 271-5718
Email: jrada@co.jefferson.co.us
PARTNER INVOLVEMENT:
A JCPH priority is to minimize the heat, flooding, pollution, and biodiversity impacts of
development in urban settings by improving natural processes, such as stormwater
treatment and tree canopy coverage. This project will support the county’s climate action
plan, working to mitigate greenhouse gas emissions by removing carbon dioxide from the
atmosphere. It will improve air quality, serve as a buffer to nuisance noise and through
water absorption, and help recharge the ground water supply. With this project, Wheat
Ridge can improve its heat islands and improve Jefferson County’s understanding of tree
canopy impacts on land use and development planning.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
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17.Rollo, Cambria
Wheat Ridge Parks and Recreation Commission
Commission Chair
4005 Kipling St
Wheat Ridge, CO 80033
Phone: (303) 231-1308
Email: cambria.rollo@gmail.com
PARTNER INVOLVEMENT:
The Wheat Ridge Parks and Recreation Commission is a City Council-confirmed,
volunteer, resident committee which serves as a liaison between the department and the
community. The Commission is also tasked with encouraging greater community
understanding of the value of Parks and Recreation activities and the impact on quality of
life for those who work, play and live in Wheat Ridge. This project proposal would fund a
significant increase in the tree canopy in Wheat Ridge, increase public awareness of the
importance and benefits of trees, and promote urban forestry careers and local youth
corps work.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
18.Wright, Howard
Foothills Regional Housing
Construction Manager
11941 West I-70 Frontage Road North
Wheat Ridge, CO 80033
Phone: (720) 682-0705
Email: hwright@foothillsrh.org
PARTNER INVOLVEMENT:
Foothills Regional Housing is committed to the planting of 4 trees at each of the
organization's affordable housing complexes in Wheat Ridge, CO as well as the
replacement of dead trees at its main office as part of this project if funding is awarded.
This project will provide hundreds of low-income and disabled households with an
improved quality of life and more equitable access to green space through investment in
the quality of their outdoor spaces. In total, FRH is requesting 32 trees across 8
properties, including the main office.
PARTNER COMMITMENT LETTER INCLUDED: YES (see appendix)
— End of Cover Sheet —
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Expanding the Urban Tree Canopy in Wheat Ridge Project Narrative
IRA - UCF Project Narrative 2023 - Page 1
1. Project Scope Alignment:
This project seeks to address the issues posed by climate change, the “severe” EPA-rated air
quality in the northern Colorado Front Range, threats to water quality, declining urban tree
canopies, declining tree diversity, declining tree health, hazardous trees, stormwater runoff, a
lack of opportunities for paid training and entry level urban forestry jobs, and by the current state
of inequitable environmental justice and urban tree canopies in Wheat Ridge, Colorado. Wheat
Ridge is a proud “Tree City USA” dating back to 1979 and currently manages over 8,000 trees in
public spaces.
This project will contribute to the funding opportunity goals by increasing the urban tree canopy
in public spaces by over 12.5%, directing significantly higher forestry investment towards the
disadvantaged areas detailed in #5, providing paid training opportunities for youth, and funding
an additional full-time urban forestry position. The increased urban tree canopy will benefit air
quality, water quality, people’s mental and physical health, the workforce and economy, wildlife
and plant habitats, resilience to climate change, tree diversity, and help mitigate urban
temperature increases. Wheat Ridge has disadvantaged areas detailed in #5 where most of this
investment will be directed. 19.8% of the city’s population is over 65 (higher than the state rate
of 15.1% and the Jefferson County rate of 17.4%), median household income is $73,231 (vs.
$80,184 and $93,933 respectively), and persons in poverty percentage is 12.1% (vs. 9.7% and
7.3%). (Census Quickfacts)
It aligns with 6 of the 7 goals listed within the MOU on Promoting Equitable Access to Nature in
Nature-Deprived Communities. The proposal identifies nature-deprived communities through the
CEJST, EJScreen, EPA EnviroAtlas Interactive Map, and Opportunity Zones (see #5). It
increases access to nature and its benefits through this federal funding program and increasing
the urban tree canopy. It enhances collaboration through partnerships with Jefferson County
Public Health, Jefferson County Open Space, Mile High Youth Corps, Sustainable Wheat Ridge,
the Jeffco Food Policy Council, the volunteer Tree Stewards program, Foothills Regional
Housing, and other city departments. It improves public health and safety through the numerous
health benefits from a larger urban tree canopy. It develops community leaders and capacity
through the volunteer Tree Stewards program, the Mile High Youth Corps (MHYC) partnership,
and involvement from the resident Parks and Recreation Commission and Cultural Commission.
Finally, it builds trust through the detailed partnerships and engagement-efforts.
This project aligns with the “Conserving and Restoring America the Beautiful” report. It
improves upon the 3 problems listed by increasing the urban tree canopy with larger increases in
disadvantages areas. It’s in-step with 6/8 Principles listed (excepting #s 4 & 6). Finally, it
implements 4/6 of the “Recommendations for Early Focus and Progress…” (excepting #s 2 & 5).
This project will contribute to congressional goals as indicated by the 2023 congressionally
directed spending decisions. This project is similar to funded forestry, streetscape, and air and
water quality projects funded through the Departments of Agriculture, Energy, the Interior, the
Bureau of Reclamation, the Army Corps of Engineers, the Environmental Protection Agency, the
Forest Service, and the Fish and Wildlife Service. (2023 Congressionally Directed Spending)
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Expanding the Urban Tree Canopy in Wheat Ridge Project Narrative
IRA - UCF Project Narrative 2023 - Page 2
This project will contribute to Justice 40 goals primarily because Census Tract 104.06 is a
disadvantaged area and includes part of the Wheat Ridge Greenbelt (open space with Clear
Creek and the Peaks to Plains Trail running through it), Creekside Park, Harlan St., and Marshall
St. Those areas would receive significant additional tree planting (at least 100 new trees) and an
increased urban tree canopy through this project. This Census Tract is identified as
disadvantaged through the CEJST. It meets the associated socioeconomic threshold and the
following burden thresholds: Climate Change (expected building loss rate and expected
population loss rate), Health (asthma), Transportation (traffic proximity and volume), and Water
and wastewater (wastewater discharge).
This project will contribute to 5 of the 6 Colorado State Forest Action Plan themes (goals) that
all fall within the 3 National Action Plan Priorities. It will improve “Forest Conditions” (#1) by
increasing positive net growth of diverse trees in forests, slowing the increase of temperatures by
increasing the urban tree canopy, address afforestation and reforestation by planting ~1,000
native species trees, expanding the Tree Stewards program which cares for public trees, and will
reduce impacts of biological stressors by mitigating invasive species and reforesting with a more
diverse array of tree species better suited to expected future climate conditions. (Colorado Forest
Action Plan pgs. 30-35)
This project will contribute to the “Living with Wildfire” (#2) by supporting the ongoing fire
fuel mitigation efforts in the wildland-urban interface in the Wheat Ridge Greenbelt. It will alter
forest structure by enhancing species and structural diversity and increasing the planting of
native tree species to reduce the risk and severity of wildfire. (CO Action Plan pgs. 36-41)
For “Watershed Protection” (#3), 360 acres of open space, 4 parks, and significant right-of-way
areas are along Clear Creek, Lena Gulch, and 4 small lakes in Wheat Ridge. This watershed
eventually connects to the South Platte River. This project would maintain and enhance water
quality by increasing the tree canopy throughout these areas, which would moderate surface
water temperature increases, reduce the risk of erosion, maintain mature riparian forests, reduce
the offloading of nutrients and other pollutants, enhance the ability to retain water as snowpack,
prepare for heavy precipitation events/flooding, improve stormwater runoff filtering, and restore
forest cover in these riparian areas. Improving the health of these areas through additional tree
planting supports ecological functions that forests provide, including air and water purification,
habitat, carbon sequestration and nutrient cycling. (pgs. 42-47)
For “Forest Wildlife” (#4), increasing the tree canopy in Wheat Ridge open spaces through this
project will enhance the limited wildlife habitats in the urban environment, increase native
biodiversity, detect and mitigate invasive forest species, protect and restore sources of
food/water/cover for wildlife, and improve public engagement around the efforts and importance
of wildlife conservation. (pgs. 48-53)
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Expanding the Urban Tree Canopy in Wheat Ridge Project Narrative
IRA - UCF Project Narrative 2023 - Page 3
This funding program and the City of Wheat Ridge being in the Denver metro directly align with
the “Urban and Community Forestry” (#5) theme/goal. Details are shown throughout this
proposal. (pgs. 54-59) This project proposal does not address goal #6: “Forest Products.”
This project will contribute to all 7 goals of the Ten-Year Urban and Community Forestry Action
Plan. With Goal #1, “Integrate Urban and Community Forestry Into all Scales of Planning”, this
project includes the Wheat Ridge Community Development Department (which includes the
Planning Division) as a key partner. Community Development is including tree plantings in the
planning and design of five major improvement projects, including trees in the City’s upcoming
Comprehensive Plan update in 2023-2024 (updating the 2009 plan). The Parks and Recreation
Department manages annual public awareness campaigns around the benefits of trees (public
Tree Sale), the importance of tree care (Regenerate Wheat Ridge program), the risks of Emerald
Ash Borer (Watch Your Ash program). This funding would increase urban trees in public space
planning, infrastructure, and private development and would increase the capacity of the other
programs and initiatives listed above. (pgs. 26-32)
With #2, “Promote the Role of Urban and Community Forestry in Human Health and Wellness”
this project would partner with Jefferson County Public Health, Sustainable Wheat Ridge,
Jefferson County Open Space, the Jefferson County Food Policy Council, the Tree Stewards, and
other advocacy groups to promote the importance of forestry to public health. (pgs. 33-40)
With #3, “Cultivate Diversity, Equity, and Leadership Within the Urban Forestry Community”
this project would increase diversity, equity, and accessibility in urban and community forestry
by increasing the tree canopy in underserved areas of Wheat Ridge. It increases workforce
development and training opportunities in the industry by providing opportunities for 5 years of
forestry work from the MHYC and adding a full-time Natural Resources position. (pgs. 41-48)
With #4, “Strengthen Urban and Community Forest Health and Biodiversity for Long-Term
Resilience” this project will increase the biodiversity and health of urban trees by planting a
diverse array of species, treating sick trees, and removing unhealthy trees. It will also improve
forests facing climate change challenges by increasing the urban tree canopy and community
food resilience by increasing existing food forests and community gardens. (pgs. 49-56)
With #5 “Improve Urban and Community Forest Management, Maintenance, and Stewardship”
this project will increase the staff capacity for implementing best practices for forest
management and maintenance in the near term (5-year program timeline) and build support for
sustained increased capacity in the long-term beyond the funding period. (pgs. 57-64)
With #6 “Diversify, Leverage, and Increase Funding for Urban and Community Forestry” this
funding would leverage matching funding to increase overall investment in urban forestry. The
diverse partners involved in this proposal show the collaboration on this project from partners in
related fields and may spur increased forestry investment from those fields. (pgs. 65-72)
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Expanding the Urban Tree Canopy in Wheat Ridge Project Narrative
IRA - UCF Project Narrative 2023 - Page 4
With #7 “Increase Public Awareness and Environmental Education to Promote Stewardship” this
project would expand the existing environmental education programs in Wheat Ridge, support
the expansion of the volunteer Tree Stewards program, and increase the engagement with
underserved communities on urban forestry establishment and stewardship. (pgs. 73-80)
2. Implementation Strategy/Methodology/Timeline:
Approach: Wheat Ridge’s approach to this 5-year project timeline has two primary planting
components plus additional support areas. 1) Including 500+ tree plantings in ongoing and
upcoming capital project improvements to increase the tree canopy in those areas (typically from
low levels due to construction). This approach also helps to build tree plantings into the capital
projects planning and construction culture and processes within the City. 2) Increase the tree
plantings in Wheat Ridge parks, open spaces, and right-of-way areas by at least 500 trees by
2029. The Forestry team will utilize Davey Resource Group (DRG) TreeKeeper, TreeKeeper
Canopy, and assessment tools listed in the budget narrative to identify the strategic locations
within these areas that either make sense for new trees or are needed to replace trees that used to
be there. Combined, this work will increase the urban tree canopy by over 12.5% on Wheat
Ridge public lands (from 8,000 to over 9,000 trees).
The support areas include an entry-level, full-time Natural Resources Specialist position to
implement evidence-based forestry management strategies, perform local research, expand the
use of the Treekeeper software programs for forest analysis, planning, inventory, monitoring,
assessment, and to address invasive species. It also includes supplies for initial tree planting and
care, MHYC planting weeks, signage and marketing efforts acknowledging the funding and
promoting the value of trees, and support to expand the city’s volunteer Tree Stewards program
to care for the new trees. More details are included in other sections.
Methodology: The project would deploy assessment tools from DRG to direct tree investment to
underserved areas to improve tree canopy equity and benefits. These tools include Land Cover
Mapping and Metrics, Tree Canopy Benefits, Priority Planting Opportunity Index and Plan, Heat
Island and Surface Temperatures, and a 5-year subscription to TreeKeeper Canopy which
incorporates private trees into the existing public tree tracking. The public-facing tree canopy
maps can be used to target efforts to increase the tree canopy on private lands and to educate the
public on the many benefits and value of the urban tree canopy.
Operations Strategies: Wheat Ridge’s 3-person Forestry crew, Natural Resources Specialist, and
Forestry Supervisor will direct this effort. They will choose the specific trees for each location,
select the locations, plant (or manage the planting of) the trees, and maintain the new trees for
their first 3 years using water bags, wrap, tethers, stakes, mycorrhizae, and compost.
The significant increase in plantings in this proposal results in our team needing additional
support. The proposal includes 10 weeks (2 weeks/year) of MHYC time to assist with getting the
trees into the ground. This collaboration also addresses funding priorities by providing paid on-
the-job training opportunities, youth employment opportunities, and workforce development for
the industry.
Page 17 of 72 Project Narrative pg. 4 ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Expanding the Urban Tree Canopy in Wheat Ridge Project Narrative
IRA - UCF Project Narrative 2023 - Page 5
Project Schedule/Timeline with Goals/Milestones:
• 2024 year-end: Deployed DRG assessment tools to direct tree plantings throughout and
beyond the proposal timeframe, planted 275 trees in “Improve Wadsworth” street and trail
project, planted ~100 trees in parks/open space/ROW areas, hired/trained a full-time Natural
Resources Specialist, executed 2 weeks of MHYC work, increased Tree Stewards volunteer
hours by 5% from 2022 hours, and, through broadened community engagement in local
urban forest planning, included urban tree canopy equity assessments and improvements in
the 2024 City Comprehensive Plan.
• 2025 year-end: Completed 65 plantings at the Green at 38th project, planted ~100 trees in
parks/open space/ROW areas, executed 2 weeks of MHYC work, increased Tree Stewards
volunteer hours by 5% from 2024 hours, and, through broadened community engagement in
local urban forest planning, included urban tree canopy equity assessments and
improvements in the 2025 Parks and Recreation Department Master Plan.
• 2026 year-end: Completed 39 plantings at the Ward Transit-Oriented-Development, planted
~100 trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, and increased
Tree Stewards volunteer hours by 5% from 2025 hours.
• 2027 year-end: Completed 95 plantings at the Youngfield Street Beautification project,
planted ~100 trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, and
maintained 2026 Tree Stewards hours.
• 2028 year-end: Completed 30 plantings at the Wadsworth Trail extension project, planted
~100 trees in parks/open space/ROW areas, executed 2 weeks of MHYC work, and
maintained 2027 Tree Stewards hours. Finalize budget adjustments to fund Natural
Resources Specialist position full-time beyond the grant period.
Expected Accomplishments and Measurable Outcomes:
• Plant at least 1,000 trees in Wheat Ridge public spaces
• Contract with Mile High Youth Corps for at least 10 weeks of planting work
• Fully fund entry-level, full-time Natural Resources Specialist position following program
• Fund 3 new seasonal forestry positions for 5 years
• Expand Tree Steward volunteer program hours 5% yearly 2024-2026, maintain through 2028
• Deploy DRG assessment tools to track the urban tree canopy, increase tree canopy equity,
direct tree investment, and increase tree maintenance efficiency
• Promote benefits of the urban tree canopy and funding acknowledgement with signage
installed on-site at at least 3 physical project locations annually (15+ locations total) and with
at least 12 publications, press releases, and/or online posts annually (monthly, 60+ total)
• Include tree planting, tree maintenance, and urban canopy approaches and goals in City 2024
Comprehensive Plan update and Department 2025 Master Plan update (y/n outcome)
Project Assessment/Evaluation Methods:
Annually evaluate:
• Are we on track with the above project timeline and expected measurable outcomes?
• Did we meet our milestones for each respective year?
• Are we on track with program expenses and 5-year budget?
o For the 3 above questions, if not, what needs to happen to get back on track?
• Are we ordering and planting an appropriate diversity of trees following the 20/10/5 rule?
Page 18 of 72 Project Narrative pg. 5 ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Expanding the Urban Tree Canopy in Wheat Ridge Project Narrative
IRA - UCF Project Narrative 2023 - Page 6
o Are we planting trees that will thrive in the selected environmental conditions?
• Is Treekeeper Canopy up to date with the newly planted trees?
• Did the Tree Stewards program increase volunteer hours 5% each year 2024-2026?
End of program (year-end 2028) evaluation:
• Did we complete the total expected accomplishments?
• Did the program justify the Natural Resources Specialist position beyond the grant period?
• Did the program result in urban tree canopy approaches, goals, and metrics being included in
the updated City Comprehensive Plan and Department Master Plan?
• Did the program result in future, large scale city capital projects (beyond 2028) continuing to
incorporate tree plantings in the planning, design, and construction processes?
3. Capability and Capacity:
City of Wheat Ridge Parks and Recreation Department:
• Andrew McDonald, Forestry and Open Space Supervisor: Manage the planting project,
overall budget tracking, contracting with MHYC and professional crews
• Jim Roemmelt, Forestry Technician: City Forester, manages planting and maintenance crew
• Natural Resources Specialist (new): Inventory, research, assessment, DRG analysis tools
• Susan Bennett, Environmental Interpreter: Liaison with Tree Stewards, leads education
• Benny Paiz, Parks, Forestry, Open Space Manager: Leads 30 FTEs, budget, contractors
• Mark Ruote, Parks Projects Coordinator: 35+ years’ experience, help with large plantings
• Brandon Altenburg, Grant and Special Project Administrator: Grant reporting, budget
tracking, metric tracking, grant communications
• Karen O’Donnell, Parks and Recreation Director: Oversees 53-staff department
• Danielle Moore, Marketing Specialist: Project marketing
City of Wheat Ridge Administrative Services Department:
• Amanda Harrison, Communications Manager: Project marketing
• Mark Colvin, Finance Manager: Project accounting
• Mary Hester, Sustainability Coordinator: Liaison with Sustainable Wheat Ridge
City of Wheat Ridge Community Development Department:
• Lauren Mikulak, Community Development Director: Oversees Planning, Development &
Zoning, Long Range Planning, Engineering, and Building & Inspection Services Divisions
• Mark Westberg, Projects Supervisor: Leads Community Development projects
• Ashley Holland, Neighborhood Engagement Specialist: Leads public engagement efforts
Jefferson County Open Space:
• Julie Liggett, Grants and Special Projects Coordinator: Assist with Crown Hill Open Space
4. Communications Plan:
The City’s communications plan for this proposal includes funding for dedicated signage
acknowledging the funding sources at specific project location where at least 25 trees will be
newly planted. These locations include the following projects: Improve Wadsworth street and
trail project, Youngfield beautification, Ward Station Transit Oriented Development, Wadsworth
Trail extension, and the Green at 38th. It will also include acknowledgement signage funding at
locations where the existing tree canopy will be greatly increased, including at minimum: the
Page 19 of 72 Project Narrative pg. 6 ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Expanding the Urban Tree Canopy in Wheat Ridge Project Narrative
IRA - UCF Project Narrative 2023 - Page 7
Wheat Ridge Greenbelt, Creekside Park, Randall Park, Stites Park, Hayward Park, Boyd’s
Crossing Park, Discovery Park, and Lewis Meadows Open Space.
The communications plan also includes funding and project information being distributed
through press releases, the City’s publications including Wheat Ridge Connections and Mayor’s
Matters, the department’s quarterly Activity Guides and monthly e-newsletters, information on
the city and department websites, physical and digital poster assets, social media promotion, and
specific outreach through the networks of project partners including Sustainable Wheat Ridge,
Jefferson County Open Space, the Tree Stewards, Denver Urban Gardens, and the Mile High
Youth Corps.
There will be significant community engagement throughout this project in partnership with
Jeffco Public Health, Sustainable Wheat Ridge, and the partnering city departments. These
groups will promote the value of the urban tree canopy, encourage increased plantings on private
land, and increase the emphasis on trees in urban forest planning. The project team has the staff
and capacity detailed in #3 specifically for this communications and engagement work.
5. Evidence of Disadvantaged Community Status for projects requesting Match
Waiver (if applicable):
The City of Wheat Ridge is not requesting a match waiver. This proposal will increase the tree
canopy in all neighborhoods in Wheat Ridge, with a focus on the underserved neighborhoods
described below and noted in the Maps document. Approximately 75% of the trees planted
throughout this project will be in disadvantaged neighborhoods. Within the disadvantaged areas,
specific planting locations will be directed by the analysis from the TreeKeeper Canopy
program, the Priority Planting Opportunity Index and Plan, the Social Equity and Tree Canopy
Comparison tool, and via staff expertise on specific tree species and environmental conditions.
The work in disadvantaged communities from CEJST is covered in #1 of this narrative. From the
EPA’s EJScreen with Environmental Justice Indicators, Socioeconomic Indicators, Health
Disparities, Climate Change Data, and Critical Service Gaps, most Census Tracts within Wheat
Ridge have parts in the 80th+ percentile for Ozone and “over age 65”. Parts of Census Tracts
104.06, 107.01, and 107.02 are in the 80th+ percentile for Diesel Particulate Matter, Air Toxics
Cancer Risk, Air Toxics Respiratory HI, Traffic Proximity, Lead Paint, Superfund Proximity,
Hazardous Waste Proximity, Underground Storage Tanks, Wastewater Discharge, Low Income,
and Broadband Gaps. Specific Census Tracts are also in the 80%+ for Particulate Matter 2.5,
RMP Facility Proximity, Demographic Index, Supplemental Demographic Index, People of
Color, Unemployment Rate, Limited English Speaking, Less Than High School Education,
Under Age 5, Low Life Expectancy, Asthma, Wildfire Risk, and Medically Underserved.
From the EPA’s EnviroAtlas Interactive Map, Wheat Ridge has multiple Census Block Groups
above the 75th percentile for “households below the quality-of-life threshold income” and
multiple Groups in the 2nd highest category for “cancer risk per million due to cumulative air
toxics.” Census Block Group 0805901042 is currently an Opportunity Zone. Proof of
work/tracking showing the various maps is submitted in section #12 of this application.
Page 20 of 72 Project Narrative pg. 7 ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
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Page 21 of 72 Appendix - Budget ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
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Page 22 of 72 Appendix - Budget ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Expanding the Urban Tree Canopy in Wheat Ridge
Budget Narrative; City of Wheat Ridge Proposal
1
Budget Narrative: Expanding the Urban Tree Canopy in Wheat Ridge
All non-federal matching cash funds to be provided by the City of Wheat Ridge except for two
specific line items and planting sites at 1) a Jefferson County Open Space Park and 2) Foothills
Regional Housing locations (affordable housing organization). The City of Wheat Ridge Open
Space Budget is funded by the 0.5% Jefferson County Open Space sales tax and park fee
dedication revenue from new developments. The City 2E Fund is supported by the 0.5%
increase in the local sales tax approved by voters in 2016 to finance specific city improvement
projects. The City Capital Improvement Program budget is funded by a lodging tax,
federal/state/regional/local grants, public improvement fees, and the city’s General Fund. The
City’s General Fund is supported primarily through sales tax with contributions from use taxes,
earned revenue, fee-based services, property taxes, licenses, intergovernmental revenue, and
fines.
All expenses listed in this budget narrative are requested to be 50% funded by this USDA grant
program and would be 50% funded by the City of Wheat Ridge (or Jefferson County and
Foothills Regional Housing) budget listed with each, as detailed in the Budget Table.
Personnel:
Natural Resources Specialist Salary, 50% for 5 Years (New Position):
This would be a new, entry-level, full-time position in the Parks and Recreation Department
focusing on natural resources management, equity analysis and assessment, research,
inventory updates, rehabilitation, invasive species removal, and similar tasks.
Based on the projected position salary grade in the City, the average starting pay determined by
Wheat Ridge Human Resources would be $24/hour. The total salary cost would be $246,600 for
5 years. 50% of this position’s responsibility would be with this proposal’s work with 50%
covering other natural resource areas. 50% of the total salary cost is $124,800. Before 2029, the
Parks and Recreation Department will seek to include the full-time position within the City
budget following the funding period. The City cash match for this position will come from the
City’s General Fund.
For this 5-year period, this position would be 50% dedicated to the forestry work detailed in
this project. $24/hour X 2,080 hours/year X 5 years X 50% project time = $124,800
Forestry Technician Salary, 25% for 5 Years:
The Forestry Technician position will lead the on-site planting work from the Forestry crew and
the Mile High Youth Corps crews. The position will also lead the planning work with specific site
selection, species selection, planting timeframes, and watering and maintenance schedules.
25% of this position’s work time will go towards this project over 5 years. The City cash match
for this position will come from the City’s General Fund.
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For this 5-year period, this position would be 25% dedicated to the forestry work detailed in
this project. $29/hour X 2,080 hours/year X 5 years X 25% project time = $75,400
Forestry Assistant Salaries, 25% for 5 Years X 2 Staff:
The two Forestry Assistant positions, with the Forestry Technician, will complete the tree
plantings in Wheat Ridge parks, open spaces, and rights-of-way areas as detailed in this
proposal. The Assistants will also assist with leading the Mile High Youth Corps crews for two
weeks per year. 25% of the positions’ work time will go towards this project over 5 years. The
City cash match for this position will come from the City’s General Fund.
For this 5-year period, these 2 positions would be 25% dedicated to the forestry work detailed
in this project. $24/hour X 2,080 hours/year X 5 years X 2 staff X 25% project time = $124,800
Seasonal Forestry Staff, 50% of 16 weeks/year for 5 Years X 3 Staff (New Positions):
These would be three new seasonal (May-August, 16 weeks, 40 hours/week) Forestry Seasonal
positions. These three positions would assist the Forestry Technician and Forestry Assistants
with completing the tree plantings in Wheat Ridge parks, open spaces, and rights-of-way areas
as detailed in this proposal. The seasonal positions will also assist with leading the Mile High
Youth Corps crews for two weeks per year. 50% of the positions’ work time will go towards this
project over 5 years with the remaining 50% going towards existing tree care outside of this
project’s scope. The City cash match for this position will come from the City’s General Fund.
For this 5-year period, these 3 positions would be 50% dedicated to the forestry work detailed
in this project. $20/hour X 640 hours/year X 5 years X 3 staff X 50% project time = $96,000
Forestry and Open Space Supervisor Salary, 10% for 5 Years:
The Forestry and Open Space Supervisor manages the Forestry and Open Space teams. The
position will oversee the planning work, manage the tree ordering and project budget, and
assist the crews as needed. 10% of this position’s work time will go towards this project over 5
years. The City cash match for this position will come from the City’s Open Space Fund.
For this 5-year period, this position would be 10% dedicated to the forestry work detailed in
this project. $37/hour X 2,080 hours/year X 5 years X 10% project time = $38,480
Open Space Technicians Salaries, 5% for 5 Years X 2 Staff:
The two Open Space Technicians will assist the Forestry crew and Mile High Youth Corps crews
with the planting in Wheat Ridge open spaces, including the Wheat Ridge Greenbelt and Lewis
Meadows Open Space. Specific tasks include closing trails during forestry work, driving vehicles
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on trails, adding public signage, removing debris, and assisting with city equipment. 5% of this
positions’ work time will go towards this project over 5 years. The City cash match for this
position will come from the City’s Open Space Fund.
For this 5-year period, these 2 positions would be 5% dedicated to the forestry work detailed in
this project. $27/hour X 2,080 hours/year X 5 years X 2 staff X 5% project time = $28,080
Grant and Special Project Administrator Salary, 80 hours/year X 5 Years:
The Grant and Special Project Administrator will manage grant reporting, expense tracking, and
administrative communications between the City and the USDA. It is estimated that this work
will take approximately 80 hours per year of the funding period. The City cash match for this
position will come from the City’s General Fund.
For this 5-year period, this position would spend 80 hours/year on the forestry work and grant
management detailed in this project. $38/hour X 80 hours/year X 5 years = $15,200
Fringe Benefits:
All fringe benefits for City full-time staff use an estimated rate of 30% on top of salary (from the
city’s Human Resources Division). This covers retirement matching, Medicare, medial insurance,
dental insurance, short- and long-term disability insurance, workplace equipment, and training
costs. The match funds for the fringe benefits will come from the same funding sources as the
salaries for each respective position. The staff time percentage dedicated to this project is also
consistent with the salaries section above.
Natural Resources Specialist Fringe Benefits, 50% for 5 Years:
$124,800 (5-year salary allocation above) x 30% = $37,440
Forestry Technician Fringe Benefits, 25% for 5 Years:
$75,400 (5-year salary allocation above) x 30% = $22,620
Forestry Assistant Fringe Benefits, 25% for 5 Years X 2 Staff:
$124,800 (5-year salary allocation above) x 30% = $37,440
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Forestry and Open Space Supervisor Fringe Benefits, 10% for 5 Years:
$38,480 (5-year salary allocation above) x 30% = $11,544
Open Space Technicians Fringe Benefits, 5% for 5 Years X 2 Staff:
$28,080 (5-year salary allocation above) x 30% = $8,424
Grant and Special Project Administrator Fringe Benefits, 80 hours/year X 5 Years:
$15,200 (5-year salary allocation above) x 30% = $4,560
Travel:
No travel costs included in the proposal
Equipment:
No equipment costs included in the proposal
Supplies:
$400/tree is utilized as a wholesale average price for tree purchases and initial planting supplies
included in this proposal. The Foothills Regional Housing plantings used a different estimate of
an average of $150/tree just for purchasing smaller trees (see their partnership letter).
(275) Trees within the Wadsworth Boulevard Project:
This project is reconstructing Wadsworth Boulevard (also CO Highway 121) from W. 35th to I-70
(~1.5 miles). This project will include efficient and safe intersection designs, safer entrances and
exits for vehicles accessing businesses, a continuous sidewalk on the west, and a 10’-12’ wide
bike/pedestrian path on the east side of Wadsworth from 35th Avenue to the Clear Creek Trail.
This project will include 239 trees planted along the new street and new multi-use trail plus 36
trees along intersecting cross-streets totaling 275 trees added. Planting work will be covered by
the project general contractor and those planting costs are not included in this proposal. The
Wheat Ridge Forestry team will maintain and care for the trees after they are planted. The City
cash match for the tree purchases will come from the City’s 2E fund.
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This project improves the urban tree canopy, multi-modal transportation, safety, and the
streetscape in Census Tracts 104.06, 106.03, 10.01, 105.02, 104.03 and near to 104.06. The
evidence of disadvantaged community status/metrics for some of those Census Tracts are
discussed in #1 and #5 of the Narrative and shown in the project maps submitted in #12.
Specific issues from EPA’s EJScreen tool include parts of this area being in the 80th+ percentile
for Diesel Particulate Matter, Air Toxics Cancer Risk, Air Toxics Respiratory HI, Traffic Proximity,
Lead Paint, Superfund Proximity, Hazardous Waste Proximity, Underground Storage Tanks,
Wastewater Discharge, Low Income, and Broadband Gaps. Specific Census Tracts are also in the
80%+ for Particulate Matter 2.5, RMP Facility Proximity, Demographic Index, Supplemental
Demographic Index, People of Color, Unemployment Rate, Limited English Speaking, Less Than
High School Education, Under Age 5, Low Life Expectancy, Asthma, Wildfire Risk, and Medically
Underserved
275 trees @ $400/tree = $110,000
(95) Trees within the Youngfield Street Beautification Project:
This project will identify and implement aesthetic improvements along Youngfield Street
between 30th and 40th Avenues, focusing on the area between Youngfield Street and I-70.
Aesthetic improvements will offer a welcoming gateway to the City of Wheat Ridge, beautify
the corridor, and create spaces that will not only reflect our community values but will also
instill pride in our city. This work will include planting 95 trees in this streetscape. Planting work
will be covered by the project general contractor and those planting costs are not included in
this proposal. The Wheat Ridge Forestry team will maintain and care for the trees after they are
planted. The City cash match for the tree purchases will come from the City’s Capital
Improvement Program fund.
This project improves the urban tree canopy, multi-modal transportation, safety, and the
streetscape in Census Tracts 104.03, 105.03, and 105.04. The evidence of disadvantaged
community status/metrics for some of those Census Tracts are discussed in #1 and #5 of the
Narrative and shown in the project maps submitted in #12. A notable issue in this area is the
elevated “cancer risk per million due to cumulative air toxins” from EnviroAtlas.
95 trees @ $400/tree = $38,000
(39) Trees within the Ward Station Transit Oriented Development Multi-Modal Project:
This project is related to new housing, infrastructure, retail, and amenities around the 2019-
opened Ward Station light rail terminal stop of the Denver Regional Transportation District’s
(RTD) G-Line. Multiple private developers are involved. The City’s remaining components of the
project include a bike/pedestrian bridge connecting the station south over the railroad tracks, a
multi-use trail continuing south from the bridge, and reconstructing W. 52nd Ave, Tabor Street,
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and Ridge Road to include bike/ped facilities and improved vehicle traffic flows. The project
includes 39 trees currently planned at the plazas on either end of the bridge and along the trail.
Planting work will be covered by the project general contractor and those planting costs are not
included in this proposal. The Wheat Ridge Forestry team will maintain and care for the trees
after they are planted. The City cash match for the tree purchases will come from the City’s 2E
fund.
This project improves the urban tree canopy, multi-modal transportation, safety, and the
streetscape in Census Tracts 104.03, 105.03, and 105.04. The evidence of disadvantaged
community status/metrics for some of those Census Tracts are discussed in #1 and #5 of the
Narrative and shown in the project maps submitted in #12. A notable issue in this area is the
elevated “percentage of households below the quality-of-life threshold income” from
EnviroAtlas.
39 trees @ $400/tree = $15,600
(30) Trees within the Wadsworth Trail Extension Project:
This project is in the design phase currently and will move into construction no sooner than
2025 after the Wadsworth Boulevard project is completed in late 2024. This project will extend
the Wadsworth Trail south from W. 35th to W. 32nd Ave for an additional .25 miles of trail. It will
close a critical final sidewalk along Wadsworth Boulevard between 26th Avenue and I-70 result
in providing 2 miles of bike/pedestrian facilities through the heart of Wheat Ridge. This project
will include 30 trees planted along the trail. Planting work will be covered by the project general
contractor and those planting costs are not included in this proposal. The Wheat Ridge Forestry
team will maintain and care for the trees after they are planted. The City cash match for the
tree purchases will come from the City’s Capital Improvement Program fund.
This project area primarily is in Census Tract 107.02 which was covered in the “Wadsworth
Boulevard” project section earlier.
30 trees @ $400/tree = $12,000
(65) Trees within the Green at 38th Project:
This collaborative project between the City and the Jefferson County Public School District will
transform the empty field between Stevens Elementary School and West 38th Avenue (Wheat
Ridge’s “Main Street”) into a brand-new park, public gathering, and event space in Wheat
Ridge. The new park space will include an outdoor stage, play feature, promenade for vendors
and food trucks, lighting, native plantings, shade, a restroom, and a new and improved parking
lot for use by the school and park users.
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Stevens Elementary School (the project site) is in a disadvantaged area with a 2021-2022
free/reduced lunch rate of 68.66%. The school district is also consolidating by closing
elementary schools ahead of the 2023-2024 school year, and Stevens will be accepting students
from the (soon to be closed) Wilmore-Davis Elementary School. Wilmore Davis had a similar
‘21-’22 free/reduced lunch rate of 66.82%.
This project will include 65 trees in the new space. Planting work will be covered by the project
general contractor and those planting costs are not included in this proposal. The Wheat Ridge
Forestry team will maintain and care for the trees after they are planted. The City cash match
for the tree purchases will come from the City’s Open Space fund.
60 trees @ $400/tree = $26,000
(32) Trees at Foothills Regional Housing Residences:
This collaborative project between the City and Foothills Regional Housing (FRH) will add 32
trees at Foothills Regional Housing residence locations in Wheat Ridge. FRH owns and manages
9 housing complexes in Wheat Ridge, which is their highest density area of their housing in
their Jefferson County service area. FRH administers a budget authority comprised of roughly
1,800 Housing Choice Vouchers for the Housing Choice Voucher program. FRH also administers
nearly 250 vouchers for foster youth, veterans, domestic violence survivors, and non-elderly
disabled individuals. FRH’s housing options include income restricted, market rate, and senior-
specific units.
Planting work will be covered by FRH and those planting costs are not included in this proposal.
The cash match for the tree purchases are committed and will come from Foothills Regional
Housing.
32 trees @ an average of $150/tree = $4,800
(40) Trees at Crown Hill Park (Managed by Jefferson County Open Space):
This collaborative project between the City and Jefferson County Open Space will add 40 trees
at Crown Hill Park in Wheat Ridge. Crown Hill is a 229-acre regional open space park with 10.2
miles of trails, a Wildlife Sanctuary, 2 lakes/ponds, and is managed by Jefferson County Open
Space.
Planting work will be covered by the Jefferson County Open Space and those planting costs are
not included in this proposal. The cash match for the tree purchases are committed and will
come from Jefferson County Open Space.
40 trees @ $400/tree = $16,000
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*The cash match for the below supply costs will all come from the City’s General Fund:
(100) Trees within the Eastern Wheat Ridge Greenbelt:
As discussed and shown elsewhere, eastern Wheat Ridge is more disadvantaged than the rest
of the City across most measurements. 100 trees of diverse species would be planted in the
eastern part of the Wheat Ridge Greenbelt (open space) and specific locations would be
directed by the analysis from the TreeKeeper Canopy program, the Priority Planting
Opportunity Index and Plan, the Social Equity and Tree Canopy Comparison tool, and via staff
expertise on specific tree species and environmental conditions.
100 trees @ $400/tree = $40,000
(100) Trees within the Eastern Wheat Ridge Parks (Creekside, Randall, Stites, Panorama, Hopper
Hollow, Hayward, Apel-Bacher):
100 trees of diverse species would be planted in the eastern Wheat Ridge Parks and specific
locations would be directed by the analysis from the TreeKeeper Canopy program, the Priority
Planting Opportunity Index and Plan, the Social Equity and Tree Canopy Comparison tool, and
via staff expertise on specific tree species and environmental conditions.
100 trees @ $400/tree = $40,000
(100) Trees within primary Eastern Wheat Ridge Right-of-Way Area (Marshall St., Harlan St. W.
38th Ave, others):
100 trees of diverse species would be planted in the eastern Wheat Ridge right of way areas
and specific locations would be directed by the analysis from the TreeKeeper Canopy program,
the Priority Planting Opportunity Index and Plan, the Social Equity and Tree Canopy Comparison
tool, and via staff expertise on specific tree species and environmental conditions. Streets in the
most disadvantaged areas with the most available right of way areas needing additional tree
cover include Marshall St., Harlan St., and W. 38th Ave.
100 trees @ $400/tree = $40,000
(200) Trees within remaining Wheat Ridge Parks, Open Spaces, and ROW Areas:
While eastern Wheat Ridge is the most disadvantaged part of the City as shown by the tools
referenced throughout this proposal, other areas of Wheat Ridge also include disadvantaged
areas and need an increased tree canopy.
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200 trees of diverse species would be planted in the rest of Wheat Ridge in open space, parks,
and right of way areas. Specific locations would be directed by the analysis from the
TreeKeeper Canopy program, the Priority Planting Opportunity Index and Plan, the Social Equity
and Tree Canopy Comparison tool, and via staff expertise on specific tree species and
environmental conditions.
200 trees @ $400/tree = $80,000
Supplies for expanding Tree Stewards volunteer program:
The seasonal Tree Stewards volunteer program assists with tree watering, maintenance,
inspections, and reporting throughout the Wheat Ridge Greenbelt. With the new trees in this
proposal, this volunteer program will need to be expanded and will need replacement hoses,
additional 250-gallon water tanks that are placed throughout the Greenbelt, and related
watering devices/tools.
Additionally, the Department will need to increase the amount of volunteer hours to care for
the new trees. This requires outreach efforts to expand the volunteer pool, additional training,
small recognition/appreciation/ items, and additional uniforms (branded t-shirts and hats).
$1,000/year in additional volunteer program costs X 5 years = $5,000
Compost:
Compost for initial tree planting and tree care.
$40/square yard X 50 square yards = $2,000
Mycorrhizae:
Mycorrhizae for initial tree planting and tree care.
$200/2 pound bag X 20 bags= $4,000
Tools:
Tree planting and tree care tools to supplement existing tools over the course of this 5-year
increased planting period. Tools needed will include shovels, pick-axes, tarps, posthole drivers,
posthole diggers, tool handles, and potentially other similar tools.
$2,000 total estimated tool spending over the 5-year project
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Tree Stakes:
Tree stakes to be used during planting and for the tree’s initial 3 years.
$3/stake X 2 stakes/tree X $1,036 trees= $6,216
Tree Tethers:
Tree tethers to be used by forestry staff completing arborist work/tree maintenance.
$50/250-foot set X 16 sets = $800
Tree Wrap:
Tree wrap to be used to wrap the trees in their first three years during the winter/frost months
to protect them.
$15/roll X 40 rolls = $600
Water Bags/Gaiters:
Water bags/gaiters to be used for newly planted trees to slowly water them. Specifically used
for harder-to-reach areas for water trucks and irrigation systems.
$30/gaiter X 200 gaiters (re-useable each season) = $6,000
Signage and Marketing for Project:
The City of Wheat Ridge will post physical signs at all designated project locations where at
least 25 trees are being planted. These signs will acknowledge the project funding and promote
the benefits of trees. The City will also conduct community engagement related to urban tree
planning and distribute digital communications about the project as detailed in question #4 of
the proposal narrative.
$2,000/year for physical signage and limited poster printing X 5 years = $10,000
Contractual:
Mile High Youth Corps (MHYC):
The 2024 weekly crew rate is $9,000 for a 10-person crew that includes 2 lead Corpsmembers
and 8 standard Corpsmembers. This proposal seeks to fund 2 weeks/year of MHYC work per
year for 5 consecutive years (2024-2028). The City cash match for this position will come from
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the City’s General Fund. The City has extensive experience working with the MHYC on
environmental projects throughout Wheat Ridge.
$9,000/10-person crew week X 10 weeks = $90,0000
Davey Resource Group (DRG) TreeKeeper Software Program:
The TreeKeeper software program is the database that the City uses to track public trees, note
hazardous and infected trees, determine where the tree canopy needs expansion, estimate the
amount of CO2 sequestered annually, estimate the eco and property value benefits, and
manage tree maintenance. The program offers a small discount for a 5-year subscription at
$10,000 for 5 years. Throughout this project, the City will increase its deployment of the
software program and better leverage its capabilities to manage and maintain trees
systematically and proactively. The City cash match for this position will come from the City’s
Open Space Fund.
5-year subscription cost (small savings over annual payments): $10,000
DRG TreeKeeper Canopy Software Program:
The TreeKeeper Canopy software program gives a macro-level overview of all trees in the City,
not just publicly owned/maintained trees. The program integrates the standard TreeKeeper
program data and can show detailed canopy assessments by neighborhood, census tracts and
blocks, and as specific as individual parcels. The program also can show tree diversity, import
GIS overlays, and guide the overall direction of this project citywide to best improve tree
canopy equity.
TreeKeeper Canopy year 1 cost, program build and launch: $4,500
TreeKeeper Canopy Web-Based training for city staff: $750
TreeKeeper Canopy years 2-5 subscription cost with program support: $6,000
DRG Urban Tree Canopy Assessment Components (specific line items priced below by specific
assessment):
DRG delivers all GIS data in an ESRI ArcGIS® geodatabase in a projected coordinate system. Data
sets will be delivered with projection files and metadata using Federal Geographic Data
Committee (FGDC) specifications.
In addition to the GIS data files, the Land Cover Assessment Summary Report will include:
1. Narrative of the classification methodology.
2. Metadata that conform to FGDC Standards.
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3. ExcelTM spreadsheet containing land cover metrics, canopy change metrics, social
equity and public health analyses, and environmental benefits analyses.
Land Cover Mapping and Metrics
Using current imagery and GIS data layers available to DRG from the community and other
agencies, DRG can complete an Urban Tree Canopy (UTC) assessment identifying the current
extent of the tree canopy as well as impervious surfaces, grass/open space, bare ground, and
open water. DRG can provide the city with ESRI® shapefiles, metadata, and an Excel™
spreadsheet of the percent canopy cover containing data for up to eight (8) distinct
geographies, such as parcel zoning, land use, neighborhood, and watershed, etc. (GIS boundary
layers are required). The UTC data can be used to quantify, for example:
The extent of canopy coverage for the incorporated areas of the community
Tree canopy coverage by districts, wards, and sub watersheds
Tree canopy coverage by parcel
Tree canopy cover by zoning or land use such as residential, commercial, multi-family, etc.
Tree canopy cover by land ownership
Accuracy Standards
DRG manually edits and conducts thorough quality assurance and quality control (QA/QC)
checks on all UTC and land cover layers. A QA/QC process will be completed using ArcGIS to
identify, clean, and correct any misclassification or topology errors in the final land cover
dataset. DRG edits the initial land cover extractions in urban and rural areas at a 1:2,000 quality
control scale, and woodland/forested areas at a 1:5,000 scale. The project will attain a
minimum of 95% user’s accuracy for UTC and impervious classes and an overall accuracy of
greater than or equal to 94%.
Quoted cost: $8,480
Tree Canopy Benefits (Ecosystem Services)
Air Quality—i-Tree Canopy can be used to analyze the amount of pollution removed by tree
canopy. Recent innovations with the latest version of i-Tree Canopy allows the software model
to generate the overall ecosystem values for air quality. Results of this analysis will be
presented in the report developed by DRG and can quantify the monetary and unit values of
pollution reduction for carbon monoxide, nitrogen dioxide, ozone, particulate matter, and
sulfur dioxide for public and private trees.
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Carbon—i-Tree Canopy can again be used to evaluate the carbon sequestration and storage
services provided by the communities' tree canopy. The results of this analysis can be reported
on and showing how the amount of tree canopy influences carbon increases or reductions for
public and private trees.
Stormwater—i-Tree Hydro can be used to capture stormwater interception. Per tree values can
be used to extrapolate information from the public tree data to include private trees for an
estimate of benefits across the entire urban forest.
Pollution Assessment—Using i-Tree Hydro, DRG can assess how changes in tree and impervious
cover affect water quantity and quality within the community. Data spanning from a period will
be analyzed to attain the average pollutant runoff within the city limits. Results of the
assessment will be presented in the report that can be used to support decision-making aimed
at reducing stormwater runoff and improving urban forests, environmental quality, and human
health.
Quoted cost: $1,486
Priority Planting Opportunity Index and Plan
Per protocols set by USDA Forest Service, a standard UTC assessment provides mapping and
information on “all possible planting areas.” This summation of possible planting areas is equal
to the total of all areas that are open ground and includes areas such as golf courses, active
agricultural fields, and sports fields. While it is theoretically possible that these types of
pervious surfaces and land uses could represent future tree planting areas, it is often, and
understandably so, not practical for a community to consider them for tree planting initiatives.
Therefore, to determine more likely and reasonable areas to plant trees. DRG can locate
“preferred planting areas.” The identification of preferred planting areas considers land use and
other factors such as approved community master planning that limit where trees may be
planted. The preferred planting area analysis can be completed for the entire project area
prioritized based on maximizing canopy benefits related to up to eight (8) of the following focal
issues (parameters):
• Socio-demographics and population density
• Proximity to surface waters and impaired waterways
• Topography, floodplains, and soil types
• Public/private ownership
• Linkages to greenways and other forest resources
• Stormwater problem areas
• Mitigating urban heat island effect
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DRG uses a combination of parameters obtained from discussion with the communities to
determine planting objectives. Ultimately, each suitable planting area is divided into five
priority categories ranging from Very Low to Very High based on the community’s parameters.
Quoted cost: $2,860
Heat Island and Surface Temperature
Capturing land surface temperature is essential to monitoring heat islands, air quality, and
overall well-being for residents. To establish an understanding of how urban tree canopy affects
heat island, land surface temperature analysis conducted with Landsat 8 imagery during the
late afternoon during summer conditions can be examined to determine the highest surface
temperatures observed. Multiple years can be assessed to determine how heat islands have
changed over time. Theoretically, this data would be correlated with areas of tree canopy
reduction, but it could also lead insight into other factors not yet known.
Using the high-resolution data, an adjustment of the Landsat 8 land surface temperature can be
done using tree cover data. Within an urban setting, small fragments of tree canopy are often
misrepresented using 30-meter resolution Landsat data. Therefore, land surface emissivity can
be derived using 1-meter NAIP imagery NDVI, and then, resampled to 30-meter resolution using
the Nearest Neighbor algorithm to provide a more accurate estimate of emissivity. This
procedure corrects the issue of underrepresented areas that had established tree canopy but
did not show up appropriately on the 30-meter Landsat 8 imagery. In past studies, this
correction provided a small decrease in temperature for canopied areas and a small increase
for impervious areas that were void of tree
Quoted cost: $2,574
Social Equity and Tree Canopy Comparison
DRG can relate the current UTC to socio-demographic and economic data for the project area.
Data from the 2020 census (or estimated from the five-year community survey) can be
aggregated for census tracts and/or block groups to determine trends and correlations. This
data can be used by the project area to prioritize results of the UTC analysis even further. Data
can be assessed on the block group or census tract level. Data will be analyzed to assess tree
cover and tree cover change and how it relates to social vulnerability, equity, and community
resilience.
Typical analysis includes:
• Canopy % vs. median household income
• Canopy % vs. population density
• Canopy % vs. ethnicity
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• Canopy % vs. age group
• Canopy % vs. education
• Additional descriptive statistics such as % renter and % homeowner, building value,
building age, and % single-family homes can all be explored
Quoted cost: $2,530
Tree Canopy Change Assessment
Land cover is a unique resource that has a high susceptibility to change due to the complexities
arising from the myriad activities—anthropogenic and natural variation—it underpins. In our
quest for development, we tend to vary the composition of the landscape to create conditions
which would better serve our interests. These changes, however, pose potential threats to the
ability of the land to support our activities. Consequently, there is the need to track the changes
of the land cover and related effects and plan adequately to ensure that we attain our goals
and objectives without compromising the ability of future generations to realize theirs.
Utilizing the past UTC assessments, DRG will conduct the change assessment that will identify
points of growth and loss. Analysis will include spatial change, acreage change, percent change,
and absolute change for any geographies specified by the communities. Tables and maps DRG
can provide the communities with ESRI® shapefiles, metadata, and an Excel™ spreadsheet of
the percent canopy cover change containing data for up to eight (8) distinct geographies, such
as parcel zoning, land use, neighborhood, and watershed, etc. (GIS boundary layers are
required).
Quoted cost: $4,400
General Health of Tree Canopy (Foliar Health):
Healthy vegetation contains more chlorophyll and therefore absorbs more light. While
absorbing most of the visible light and reflecting a large portion of the near-infrared light, the
leaves of healthy vegetation are more pronounced than those on declining trees. DRG will use
the Normalized Difference Vegetation Index (NDVI) to assess broad health of the tree canopy.
These pieces of information will be informative to determine the overall health of all trees
throughout the community.
The values will then be normalized on a scale from 0-1 to highlight canopy communities and the
overall condition of the trees. Generally, healthy vegetation will absorb most of the visible light
that falls on it and reflects a large portion of the near-infrared light; thus, healthy vegetation
will be more pronounced than dead or dying vegetation because of the amount of chlorophyll
within the leaves to absorb visible light.
Quoted cost: $1,044
Page 37 of 72 Appendix - Budget Narrative ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Expanding the Urban Tree Canopy in Wheat Ridge
Budget Narrative; City of Wheat Ridge Proposal
16
Indirect Costs (De minimis rate):
This proposal uses the de minimis rate of 10% of all modified total direct costs. All costs
detailed within this proposal are categorized as modified total direct costs with the exception of
the TreeKeeper and TreeKeeper canopy software programs which are categorized as rentals
(software subscriptions).
Indirect cost = $1,197,178 total direct costs X 10% = $119,718
Note on partial funding:
This project can be scaled/prioritized if a less than full funding award is being considered. The
tree plantings in the listed improvement projects would be prioritized first, the tree plantings in
the parks/open space/right of way areas with the Mile High Youth Corps crews second, the
Davey Resource Group TreeKeeper program and assessment tools third, the city personnel
funding fourth, and the remaining supplies last.
Page 38 of 72 Appendix - Budget Narrative ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Page 39 of 72 Appendix - SF-424 ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Application for Federal Assistance SF-424
* 9. Ty瀀攀 of Applicant 1: Select Appllcant Ty瀀攀:
[c: City or Township Government I
Type of Applicant 2: Select Applicant Type:
Ty瀀攀 of Applicant 3: Select Applicant Type:
• Other (specify):
* 10. Name of Federal Agency:
United States Department of Agriculture I
11. Catal漀最 of Federal Domestic Assistance Number:
I
CFDATitle:
* 12. Funding Oppo爀琀unity Number:
lusoA-Fs-2023-UCF-I刀䄀-Ol I
• Title:
Inflation Reduction Act-Urban and Community Forestry
13. Compe琀椀tion Identification Number:I
Title:
14. Areas A昀昀ected by Project (Cities, Counties, States, etc.):
I wb�d ㈀开: JⰀe Co I I Add 琀딀a挀栀ment 11 A1u挀栀m-11 C✀一䄀氀t㨀需chntE I 1
* 15. Descriptive Title of Applicant's Project:
Expanding the Urban Tree Canopy in Wheat Ridge
Attach supporting documents as specified in agency inst爀甀ctions. I Add A琀琀a挀栀men琀猀 I I l I
� I
10.727
Page 40 of 72 Appendix - SF-424 ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Page 41 of 72 Appendix - SF-424 ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
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Page 44 of 72 Appendix - SF-424A ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
SF-424A (Rev. 7-97) Page 3
Expanding the Urban Tree Canopy in Wheat Ridge
INSTRUCTIONS FOR THE SF-424A
General Instructions
This form is designed so that application can be made for funds
from one or more grant programs. In preparing the budget,
adhere to any existing Federal grantor agency guidelines which
prescribe how and whether budgeted amounts should be
separately shown for different functions or activities within the
program. For some programs, grantor agencies may require
budgets to be separately shown by function or activity. For other
programs, grantor agencies may require a breakdown by function
or activity. Sections A, B, C, and D should include budget
estimates for the whole project except when applying for
assistance which requires Federal authorization in annual or
other funding period increments. In the latter case, Sections A, B,
C, and D should provide the budget for the first budget period
(usually a year) and Section E should present the need for
Federal assistance in the subsequent budget periods. All
applications should contain a breakdown by the object class
categories shown in Lines a-k of Section B.
Section A. Budget Summary Lines 1-4 Columns (a) and (b)
For applications pertaining to a single Federal grant program
(Federal Domestic Assistance Catalog number) and not requiring
a functional or activity breakdown, enter on Line 1 under Column
(a) the Catalog program title and the Catalog number in Column
(b).
For applications pertaining to a single program requiring budget
amounts by multiple functions or activities, enter the name of
each activity or function on each line in Column (a), and enter the
Catalog number in Column (b). For applications pertaining to
multiple programs where none of the programs require a
breakdown by function or activity, enter the Catalog program title
on each line in Column (a) and the respective Catalog number on
each line in Column (b).
For applications pertaining to multiple programs where one or
more programs require a breakdown by function or activity,
prepare a separate sheet for each program requiring the
breakdown. Additional sheets should be used when one form
does not provide adequate space for all breakdown of data
required. However, when more than one sheet is used, the first
page should provide the summary totals by programs.
Lines 1-4, Columns (c) through (g)
For new applications, leave Column (c) and (d) blank. For each
line entry in Columns (a) and (b), enter in Columns (e), (f), and
(g) the appropriate amounts of funds needed to support the
project for the first funding period (usually a year).
For continuing grant program applications, submit these forms
before the end of each funding period as required by the grantor
agency. Enter in Columns (c) and (d) the estimated amounts of
funds which will remain unobligated at the end of the grant
funding period only if the Federal grantor agency instructions
provide for this. Otherwise, leave these columns blank. Enter in
columns (e) and (f) the amounts of funds needed for the
upcoming period. The amount(s) in Column (g) should be the
sum of amounts in Columns (e) and (f).
For supplemental grants and changes to existing grants, do not
use Columns (c) and (d). Enter in Column (e) the amount of the
increase or decrease of Federal funds and enter in Column (f) the
amount of the increase or decrease of non-Federal funds. In
Column (g) enter the new total budgeted amount (Federal and
non-Federal) which includes the total previous authorized
budgeted amounts plus or minus, as appropriate, the amounts
shown in Columns (e) and (f). The amount(s) in Column (g)
should not equal the sum of amounts in Columns (e) and (f).
Line 5 - Show the totals for all columns used.
Section B Budget Categories
In the column headings (1) through (4), enter the titles of the
same programs, functions, and activities shown on Lines 1-4,
Column (a), Section A. When additional sheets are prepared for
Section A, provide similar column headings on each sheet. For
each program, function or activity, fill in the total requirements for
funds (both Federal and non-Federal) by object class categories.
Line 6a-i - Show the totals of Lines 6a to 6h in each column.
Line 6j - Show the amount of indirect cost.
Line 6k - Enter the total of amounts on Lines 6i and 6j. For all
applications for new grants and continuation grants the total
amount in column (5), Line 6k, should be the same as the total
amount shown in Section A, Column (g), Line 5. For
supplemental grants and changes to grants, the total amount of
the increase or decrease as shown in Columns (1)-(4), Line 6k
should be the same as the sum of the amounts in Section A,
Columns (e) and (f) on Line 5.
Line 7 - Enter the estimated amount of income, if any, expected
to be generated from this project. Do not add or subtract this
amount from the total project amount, Show under the program
Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0044), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Page 45 of 72 Appendix - SF-424A ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
SF-424A (Rev. 7-97) Page 4
Expanding the Urban Tree Canopy in Wheat Ridge
INSTRUCTIONS FOR THE SF-424A (continued)
narrative statement the nature and source of income. The
estimated amount of program income may be considered by the
Federal grantor agency in determining the total amount of the
grant.
Section C. Non-Federal Resources
Lines 8-11 Enter amounts of non-Federal resources that will be
used on the grant. If in-kind contributions are included, provide a
brief explanation on a separate sheet.
Column (a) - Enter the program titles identical to
Column (a), Section A. A breakdown by function or
activity is not necessary.
Column (b) - Enter the contribution to be made by the
applicant.
Column (c) - Enter the amount of the State’s cash and
in-kind contribution if the applicant is not a State or
State agency. Applicants which are a State or State
agencies should leave this column blank.
Column (d) - Enter the amount of cash and in-kind
contributions to be made from all other sources.
Column (e) - Enter totals of Columns (b), (c), and (d).
Line 12 - Enter the total for each of Columns (b)-(e). The amount
in Column (e) should be equal to the amount on Line 5, Column
(f), Section A.
Section D. Forecasted Cash Needs
Line 13 - Enter the amount of cash needed by quarter from the
grantor agency during the first year.
Line 14 - Enter the amount of cash from all other sources needed
by quarter during the first year.
Line 15 - Enter the totals of amounts on Lines 13 and 14.
Section E. Budget Estimates of Federal Funds Needed for
Balance of the Project
Lines 16-19 - Enter in Column (a) the same grant program titles
shown in Column (a), Section A. A breakdown by function or
activity is not necessary. For new applications and continuation
grant applications, enter in the proper columns amounts of Federal
funds which will be needed to complete the program or project over
the succeeding funding periods (usually in years). This section
need not be completed for revisions (amendments, changes, or
supplements) to funds for the current year of existing grants.
If more than four lines are needed to list the program titles, submit
additional schedules as necessary.
Line 20 - Enter the total for each of the Columns (b)-(e). When
additional schedules are prepared for this Section, annotate
accordingly and show the overall totals on this line.
Section F. Other Budget Information
Line 21 - Use this space to explain amounts for individual direct
object class cost categories that may appear to be out of the
ordinary or to explain the details as required by the Federal grantor
agency.
Line 22 - Enter the type of indirect rate (provisional, predetermined,
final or fixed) that will be in effect during the funding period, the
estimated amount of the base to which the rate is applied, and the
total indirect expense.
Line 23 - Provide any other explanations or comments deemed
necessary.
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Expanding the Urban Tree Canopy in Wheat Ridge
1
Additional Proposal Information: Maps Showing Disadvantaged
Areas of Wheat Ridge
White House Council on Environmental Quality Climate and Economic
Justice Screening Tool (CJEST)
Census Tract 104.06:
Disadvantaged in the Climate Change section via being in the 88th percentile for low income
AND the 90th percentile in expected building loss rate, 94th percentile in expected population
loss rate. 104.06 is also disadvantaged in the Health section via being in the 91st percentile for
Asthma rate, in the Transportation section for being in the 93rd percentile for Traffic proximity
and volume, and in the Water and Wastewater section for Wastewater discharge.
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Expanding the Urban Tree Canopy in Wheat Ridge
2
EPA Environmental Justice and Screening Mappin Tool (EJScreen):
The following Environmental Justice Indexes have the listed Wheat Ridge Census Blocks in the 80th-100th
percentiles (or a yes in a yes/no metric where applicable).
Including every map seemed excessive so only specific maps showing the most impacted areas in each
section are included.
Environmental Justice Indexes (also Supplemental Indexes and Pollution and Sources):
• Particulate Matter 2.5: 104.06
• Ozone: 104.03, 105.02, 107.01, 106.03, 107.02, 104.06
• Diesel Particulate Matter: 104.03, 104.06, 107.02
• Air Toxics Cancer Risk: 104.03, 104.06, 107.02
• Air Toxics Respiratory HI: 107.02, 104.06
• Traffic Proximity: 104.03, 104.06, 107.02
• Lead Paint: 104.06, 107.02
• Superfund Proximity: 104.03, 104.06, 107.02
• RMP Facility Proximity: 104.06
• Hazardous Waste Proximity: 104.03, 104.06, 107.02
• Underground Storage Tanks: 104.03, 104.06, 107.01, 107.02
• Wastewater Discharge: 104.03, 104.06, 107.01, 105.02, 107.02
Socioeconomic Indicators:
• Demographic Index: 104.06
• Supplemental Demographic Index: 104.06
• People of Color: 104.06
• Low Income: 104.03, 104.06, 107.01, 107.02
• Unemployment Rate: 105.03, 105.02, 104.03
• Limited English Speaking: 104.06
• Less than High School Education: 104.06, 104.03
• Under Age 5: 105.04, 104.03, 104.06, 106.04
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Expanding the Urban Tree Canopy in Wheat Ridge
3
• Over Age 64: 104.03, 105.03, 105.04, 105.02, 106.03, 107.01
Health Disparities:
• Low Life Expectancy: 104.03, 105.02, 104.06, 107.02, 106.03
• Asthma: 104.03, 104.06
Climate Change Data:
• 100 Year Floodplain: 104.03, 105.03, 104.06
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Expanding the Urban Tree Canopy in Wheat Ridge
4
• Wildfire Risk: 105.03
Critical Service Gaps:
• Broadband Gaps: 107.02, 104.06
• Food Desert: 104.06
• Medically Underserved: 107.01, 107.02
EPA EnviroAtlas Interactive Map:
Focusing on two specific, relevant map layers with Wheat Ridge Census Blocks that are in the 74th
percentile or higher (more disadvantaged):
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Expanding the Urban Tree Canopy in Wheat Ridge
5
• Percentage of households below the quality-of-life income threshold: 104.04, 106.04, 104.06,
106.03, 107.01, 107.02, 105.02 (majority of Wheat Ridge)
• Cancer Risk per million due to cumulative air toxics: 105.03, 107.01, 107.02
Opportunity Zones:
• Census Block Group 0805901042 in Wheat Ridge is an Opportunity Zone
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Expanding the Urban Tree Canopy in Wheat Ridge
6
Wheat Ridge Parks and Open Space Map
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Page 55 of 72 Appendix - Project Partner Support Letter: Antonio Barreiro ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
May 22, 2023
Ms. Sherry Fountain
Forest Stewardship Program Manager
Forest Service (FS)
Urban and Community Forestry Program
1617 Cole Blvd., Building 17
Lakewood, CO 80401
Dear Ms. Fountain:
I write to express support for the proposal submitted by the City of Wheat Ridge (the City) to the U.S.
Department of Agriculture, Forest Service (FS) for funding from the Urban & Community Forestry
Inflation Reduction Act Grants. If awarded, the City will implement the ‘Expanding the Urban Tree
Canopy in Wheat Ridge’ project (the Project), planting approximately 1,000 new trees over the 2024-2029
funding period.
The City continues to foster community engagement with urban forest planning, planting, and
management to substantially expand the city’s urban tree canopy, and improve long-term forest planning,
assessment, health, and resilience. With FS funds, the Project would add 500 new trees in existing parks,
open spaces, and right of way areas, along with 500 new trees in ongoing and planned improvement
projects, resulting in a 12.5% increase in the urban tree canopy in public spaces. The proposal will result
in an additional entry-level forestry position within the City, 10 weeks of urban youth corps forestry work,
and increased contracted urban arborist work. The community-wide project, led by the City’s Forestry
team, will include urban planners, park and recreation professionals, public health department input,
schools, public spaces, community groups, and engaged residents.
This proposal supports the City’s commitment to improve, protect, and expand the urban tree canopy
while developing the urban forestry workforce, and providing youth employment with on the job training
opportunities. I encourage you to give the application for the City of Wheat Ridge your full and fair
consideration consistent with all applicable laws and regulations. Thank you for your review, and please
notify my office of any funds awarded.
Sincerely,
Michael F. Bennet
United States Senator
Page 56 of 72 Appendix - Project Partner Support Letter: Mr. Michael Bennet ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Page 57 of 72 Appendix - Project Partner Support Letter: Maria D'Andrea ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
City of Wheat Ridge Municipal Building 7500 W. 29 th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819
F: 303.234.5924
May 26, 2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of commitment as a partner wi thin the City of Wheat Ridge’s
application to the Inflation Reduction Act-Urban and Community Forestry funding opportunity.
Sustainable Wheat Ridge (SWR) is a volunteer, resident-led committee focused on
advancing sustainability in Wheat Ridge. Sustainable Wheat Ridge is excited by the possibility
of this partnership and is committed to volunteering and volunteer recruitment efforts for tree
planting events and long term tree care. SWR, in conjunction with the City’s Sustainable
Neighborhoods Program, have been and continue to be successful in engaging with the
community through events and volunteer opportunities, and SWR is committed to engaging with
community groups to educate them about urban forestry and support their active participation. In
particular, SWR believes there is an opportunity to engage with the senior citizen community to
educate them on available opportunities as well as the need to mitigate climate change in their
neighborhoods. Additionally, SWR has identified ease of alternative transportation as an
important aspect to a healthy Wheat Ridge. Sustainable Wheat Ridge is committed to assisting
with the identification and prioritization of areas needing additional tree canopy along existing
and projected bicycle routes and at public transportation stops throughout the City.
Funding this project proposal would support the City’s efforts to foster community
engagement with urban forest planning, planting, and management, dramatically expand the
city’s urban tree canopy, and improve long -term forest planning, assessment, health, and
resilience. It will also directly result in an additional entry-level forestry position within the City,
10 weeks of urban youth corps forestry work, and increased contracted urban arborist work.
Sustainable Wheat Ridge is committed to its role in this partnership and the efforts of the
City of Wheat Ridge to continue to improve, protect, and expand the urban tree canopy in Wheat
Ridge while developing the urban forestry workforce and providing youth employment and on
the job training opportunities. Thank you all for your time and consideration in reviewing these
applications and your work in expanding tree canopies throughout the country.
Thank you,
Amy DePierre and Joy Opp
Co-Chairs, Sustainable Wheat Ridge Committee
Amy.depierre@gmail.com, joyopp11@gmail.com
Page 58 of 72 Appendix - Project Partner Support Letter: Amy DePierre ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
COLORADO
HOUSE OF REPRESENTATIVES
State Capitol
Denver
80203
State Representative MAJORITY LEADER
MONICA DURAN Member:
Colorado State Capitol Executive Committee of the
200 East Colfax Avenue, Room 307 Legislative Council
Denver, Colorado 80203 Legislative Council Committee
Office: 303-866-5522
Email: monica.duran.house@coleg.gov
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of support for the City of Wheat Ridge’s application to the
Inflation Reduction Act-Urban and Community Forestry funding opportunity.
Funding this project proposal would support the City’s efforts to foster community
engagement with urban forest planning, planting, and management, dramatically expand the
city’s urban tree canopy, and improve long-term forest planning, assessment, health, and
resilience. It will also directly result in an additional entry-level forestry position within the City,
10 weeks of urban youth corps forestry work, and increased contracted urban arborist work.
This community-wide project, led by the City’s Forestry team, will include urban planners, park
and recreation professionals, public health department input, schools, public spaces, community
groups, and engaged residents.
I am committed to supporting the efforts of the City of Wheat Ridge to continue to
improve, protect, and expand the urban tree canopy in Wheat Ridge while developing the urban
forestry workforce and providing youth employment and on the job training opportunities. Thank
you all for your time and consideration in reviewing these applications and your work in
expanding tree canopies throughout the country.
Sincerely,
House Majority Leader Monica Duran
Page 59 of 72 Appendix - Project Partner Support Letter: Ms. Monica Duran ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
May 23, 2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of commitment as a partner within the City of Wheat Ridge’s application to the Inflation
Reduction Act-Urban and Community Forestry funding opportunity.
I am committed to volunteering my time and effort to help the City of Wheat Ridge as part of this project if funding
is awarded. I have lived in Wheat Ridge for over 33 years in a home within walking distance of Clear Creek, and the
Greenbelt alongside it. Clear Creek is a wondrous natural resource, and the Greenbelt is truly a gem for experiencing a
bit of urban nature, and recreation.
As a volunteer Tree Steward, I help preserve the beauty and wonder of the woods along the creek. My duties
include watering & mulching new plantings to ensure survival, and reporting tree & shrub health to the City Forrester.
While performing my duties I have observed some of the wildlife that benefit from maintaining the wooded areas along
the creek, including deer and other small mammals and birds of all sorts. I’ve seen dozens of small children immersed in
outdoor education playing and learning among the trees on my site. It’s a joy to do this work!
Funding this project proposal would support the City’s efforts to foster community engagement with urban forest
planning, planting, and management, dramatically expand the city’s urban tree canopy, and improve long-term forest
planning, assessment, health, and resilience. It will also directly result in an additional entry-level forestry position within
the City, 10 weeks of urban youth corps forestry work, and increased contracted urban arborist work. This community-
wide project, led by the City’s Forestry team, will include urban planners, park and recreation professionals, public health
department input, churches, schools, public spaces, community groups, and engaged residents.
I am committed to partnering with the City of Wheat Ridge to continue to improve, protect, and expand the urban
tree canopy in Wheat Ridge while developing the urban forestry workforce and providing youth employment and on the
job training opportunities. Thank you all for your time and consideration in reviewing these applications and your work in
expanding tree canopies throughout the country.
Thank you,
Thomas Fitzgerald
7465 West 48th Circle
Wheat Ridge, CO 80033
(303) 424-1082
CasaFitz@aol.com
Page 60 of 72 Appendix - Project Partner Support Letter: Thomas Fitzgerald ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
City of Wheat Ridge Municipal Building 7500 W. 29 th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F: 303.234.5924
www.ci.wheatridge.co.us
May 17, 2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of support for the City of Wheat Ridge’s application to the Inflation Reduction Act-Urban
and Community Forestry funding opportunity.
Wheat Ridge is a proud “Tree City USA” dating back to 1979 and manages over 8,000 trees currently in public
parks, open spaces, and right of way areas. Through public engagement efforts, residents consistently mention the
importance of mature trees and the tree canopy to their quality of life in Wheat Ridge. City Council identified 8 Vision
Topics to prioritize between now and 2035, and 7 of the 8 topics align with improving the tree canopy. This proposal
would increase the urban tree canopy by approximately 1,000 trees by 2029, which is a 12.5% increase in the tree canopy
in public spaces.
Funding this project proposal would support the City’s efforts to foster community engagement with urban forest
planning, planting, and management, dramatically expand the city’s urban tree canopy, and improve long-term forest
planning, assessment, health, and resilience. It will also directly result in an additional entry-level forestry position within
the City, 10 weeks of urban youth corps forestry work, and increased contracted urban arborist work. This community-
wide project, led by the City’s Forestry team, will include urban planners, park and recreation professionals, public health
department input, schools, public spaces, community groups, and engaged residents.
The Office of the City Manager is committed to its role in this partnership and the efforts of the City of Wheat
Ridge to continue to improve, protect, and expand the urban tree canopy in Wheat Ridge while developing the urban
forestry workforce and providing youth employment and on the job training opportunities. Thank you all for your time
and consideration in reviewing these applications and your work in expanding tree canopies throughout the country.
Sincerely,
Patrick Goff
City Manager
Page 61 of 72 Appendix - Project Partner Support Letter: Patrick Goff ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Page 62 of 72 Appendix - Project Partner Support Letter: Tom Hoby ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
www.ci.wheatridge.co.us
May 24, 2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of commitment as a partner within the City of Wheat Ridge’s application to the Inflation
Reduction Act-Urban and Community Forestry funding opportunity.
Over the last several years, the City of Wheat Ridge has fostered a culture of public participation and increased
opportunities for our residents to share their thoughts and ideas of how to improve our city. As the Neighborhood
Engagement Specialist, I support these efforts and act as a voice for our residents as we plan for the future. Part of my
work is managing the Let’s Talk Resident Engagement Program which conducts hyper-local, neighborhood engagement in
Wheat Ridge’s 10 neighborhoods.
We have completed engagement in eight of the 10 neighborhoods, and in each location, residents have
expressed interest in preserving and adding to our urban canopy. Residents tout the fact that Wheat Ridge has the status
of Tree City USA. They note the importance of trees in providing shade, cooling our neighborhoods, and acting as habitat
for local wildlife. In fact, one resident who participated in Let’s Talk Southeast Wheat Ridge said, “The climate is warming
and during hot months we need as much shade and evapotranspiration as we can possibly generate to offset the black
pavements and hardscapes.” Another resident who participated in Let’s Talk Applewood noted, “Trees help air quality,
temperature regulation, drainage. Colorado neighborhoods need more trees.” Many residents also mention the aesthetic
value of trees in the city. As part of the Youngfield Street Beautification project, a resident said, “A concerted effort to
grow and maintain some kind of shade trees would really enhance parts of Youngfield [Street].” Therefore, it should be
noted that Wheat Ridge residents support the city in planting and maintaining more trees in our community.
Funding this project proposal would support the City’s efforts to foster community engagement with urban forest
planning, planting, and management, dramatically expand the city’s urban tree canopy, and improve long-term forest
planning, assessment, health, and resilience. It will also directly result in an additional entry-level forestry position within
the City, 10 weeks of urban youth corps forestry work, and increased contracted urban arborist work. This community-
wide project, led by the City’s Forestry team, will include urban planners, park and recreation professionals, public health
department input, schools, public spaces, community groups, and engaged residents.
As an organization that values the input of our residents, we are excited to submit this application which will
allow us to continue to be responsive to community feedback. Thank you all for your time and consideration in reviewing
these applications and your work in expanding tree canopies throughout the country.
Thank you,
Ashley Holland
Neighborhood Engagement Specialist, City of Wheat Ridge
(303) 235-2858, aholland@ci.wheatridge.co.us
Page 63 of 72 Appendix - Project Partner Support Letter: Ashley Holland ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Page 64 of 72 Appendix - Project Partner Support Letter: Kathleen Martell ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
www.ci.wheatridge.co.us
May 10, 2023
The Wheat Ridge Community Development Department currently has several projects within
concept, planning, design, and construction phases that will be under construction during the
2024-2029 timeline. These projects are planned to have extensive tree plantings and will add
necessary coverage to the urban canopy. Due to the current uncertainty of escalating prices, the
projects would benefit from this USDA Forest Service Urban and Community Forestry grant
program by ensuring that adequate funding is available to implement the planned plantings.
The largest project, which is currently under construction, is the Wadsworth Boulevard
Improvement project along State Highway 121. This project is a federal, state, and local
collaboration to modernize and improve the street from 35th Avenue to I-70 (almost 1.5 miles)
with efficient and safe intersection designs, safer entrances and exits for vehicles accessing
businesses, a continuous sidewalk on the west, and a 12’-wide bike/pedestrian shared use path on
the east. The shared use path will have an ADA-accessible direct connection to the Clear Creek
Trail, which is part of the regional Peaks to Plains Trail. The project is over budget and with
funding support from this grant, 239 trees will be planted between the street and the sidewalk/
path on both sides of the street between 35th to 46th Avenues. In addition, tree plantings are also
planned at several locations within the wider medians, in particular north of 46th Avenue.
There are three (3) other in-progress projects which are all federal, state, and local collaborations
that are included in this proposal:
1)The Ward Station mu lti-modal project includes a ¼-mile multi-use trail connecting
plazas, a bike/ped bridge, and a transit station. The plan includes 39 trees at the plazas on
and along the trail. The project goal is to improve access and connectivity to the
commuter rail station and employment center across the railroad tracks.
2)The Youngfield Street beautification project includes 95 trees to improve a ¾-mile length
of streetscape between I-70 and Youngfield Street.
3)The Wadsworth shared use path project between 32nd and 35th Avenues and is planned
to include 20 to 30 trees. The project is ¼-mile in length and closes a critical final
sidewalk along Wadsworth Boulevard between 26th Avenue and I-70 providing 2 miles
of bike/pedestrian facilities through the heart of Wheat Ridge.
To the Urban and Community Forestry Program,
Please accept this letter of commitment as a partner within the City of Wheat Ridge’s application to the
Inflation Reduction Act-Urban and Community Forestry funding opportunity.
The Wheat Ridge Community Development Department includes both the Planning and Engineering
Divisions and is committed to its role in implementing the City’s Streetscape Design Manual. The
majority of the areas included in the above projects are heavily urbanized or commercial areas with
minimal landscaping and almost no tree canopy. Thank you all for your time and consideration in
reviewing these applications and your work in expanding tree canopies throughout the country.
Sincerely,
Lauren Mikulak, AICP
Community Development Director
Page 65 of 72 Appendix - Project Partner Support Letter: Lauren Mikulak ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
May 16, 2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of support for the City of Wheat Ridge’s application to the Inflation
Reduction Act-Urban and Community Forestry funding opportunity.
The Jefferson County Food Policy Council is a community-led organization that aims to build a
food secure community. Our vision includes healthy food access for all residents, a vibrant and equitable
farming infrastructure, a healthy ecosystem, and a thriving local food economy. The City of Wheat
Ridge’s application advances our community towards a healthier ecosystem through local climate
solutions to support the long-term health of our community.
Funding this project proposal would support the City’s efforts to foster community engagement
with urban forest planning, planting, and management, dramatically expand the city’s urban tree
canopy, and improve long-term forest planning, assessment, health, and resilience. It will also directly
result in an additional entry-level forestry position within the City, 10 weeks of urban youth corps
forestry work, and increased contracted urban arborist work. This community-wide project, led by the
City’s Forestry team, will include urban planners, park and recreation professionals, public health
department input, schools, public spaces, community groups, and engaged residents.
The Jefferson County Food Policy Council is committed to its role in this partnership and the
efforts of the City of Wheat Ridge to continue to improve, protect, and expand the urban tree canopy in
Wheat Ridge while developing the urban forestry workforce and providing youth employment and on
the job training opportunities. Thank you all for your time and consideration in reviewing these
applications and your work in expanding tree canopies throughout the country.
Thank you,
Hallie Nelson
Director, Jefferson County Food Policy Council
hallie@jeffcofpc.org
Page 66 of 72 Appendix - Project Partner Support Letter: Hallie Nelson ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
City of Wheat Ridge Parks & Recreation Administration 4005 Kipling St. Wheat Ridge, CO 80033-4125 P: 303.231.1300 F:
303.420.0316
www.ci.wheatridge.co.us
May 17, 2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of commitment as a partner within the City of Wheat Ridge’s application to the Inflation
Reduction Act-Urban and Community Forestry funding opportunity.
The Wheat Ridge Parks and Recreation Department is committed to leading this project if funding is awarded. The
Forestry team will direct the planting of ~1,000 additional trees in Wheat Ridge parks, open spaces, right of way areas,
and development projects. The team will also work with the Mile High Youth Corps and local contractors to increase the
tree planting and tree care capacities of the team while promoting urban forestry job opportunities for youth and entry-
level employees. This project is also an opportunity to promote the benefits of trees to the community. We already do
this through annual Arbor Day events, a community tree sale, and a grant program to residents for tree health and
maintenance, but could increase community engagement and education efforts even more through this project.
Funding this project proposal would support the City’s efforts to foster community engagement with urban forest
planning, planting, and management, dramatically expand the city’s urban tree canopy, and improve long-term forest
planning, assessment, health, and resilience. It will also directly result in an additional entry-level forestry position within
the City, 10 weeks of urban youth corps forestry work, and increased contracted urban arborist work. This community-
wide project, led by the City’s Forestry team, will include urban planners, park and recreation professionals, public health
department input, churches, schools, public spaces, community groups, and engaged residents.
The Parks and Recreation Department is committed to its role in this partnership and the efforts of the City of
Wheat Ridge to continue to improve, protect, and expand the urban tree canopy in Wheat Ridge while developing the
urban forestry workforce and providing youth employment and on the job training opportunities. Thank you all for your
time and consideration in reviewing these applications and your work in expanding tree canopies throughout the country.
Thank you,
Karen A. O’Donnell
Parks and Recreation Director, City of Wheat Ridge
303-231-1308, kodonnell@ci.wheatridge.co.us
Page 67 of 72 Appendix - Project Partner Support Letter: Karen O'Donnell ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.234.5900 F:
303.234.5924
www.ci.wheatridge.co.us
5.23.2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Please accept this letter of support for the City of Wheat Ridge’s application to the Inflation Reduction Act-Urban
and Community Forestry funding opportunity.
Wheat Ridge City Council has identified 8 Vision Topics to prioritize between now and 2035, and 7 of the 8 topics
align with improving the tree canopy. These include the topics: “Wheat Ridge is an attractive and inviting city,” “Wheat
Ridge is a community for families,” “Wheat Ridge has great neighborhoods,” “Wheat Ridge has a choice of economically
viable commercial areas,” Wheat Ridge is committed to environmental stewardship,” “Wheat Ridge residents are proud
of their hometown,” and “Wheat Ridge residents enjoy an active, healthy lifestyle.” This funding would support significant
progress towards achieving that future vision.
Wheat Ridge is a proud “Tree City USA” dating back to 1979 and manages over 8,000 trees currently in public
parks, open spaces, and right of way areas. Through public engagement efforts, residents consistently mention the
importance of mature trees and the tree canopy to their quality of life in Wheat Ridge. This proposal would increase the
urban tree canopy by approximately 1,000 trees by 2029, which is a 12.5% increase in the tree canopy in public spaces.
Funding this project proposal would support the City’s efforts to foster community engagement with urban forest
planning, planting, and management, dramatically expand the city’s urban tree canopy, and improve long-term forest
planning, assessment, health, and resilience. It will also directly result in an additional entry-level forestry position within
the City, 10 weeks of urban youth corps forestry work, and increased contracted urban arborist work. This community-
wide project, led by the City’s Forestry team, will include urban planners, park and recreation professionals, public health
department input, schools, public spaces, community groups, and engaged residents to help create equity.
I fully support the efforts of the City of Wheat Ridge to continue to improve, protect, and expand the urban tree
canopy in Wheat Ridge while developing the urban forestry workforce and providing youth employment and on the job
training opportunities. Thank you all for your time and consideration in reviewing these applications and your work in
expanding tree canopies throughout the country.
Thank you,
Scott Ohm
Council Member District 2, City of Wheat Ridge
sohm@ci.wheatridge.co.us
Page 68 of 72 Appendix - Project Partner Support Letter: Mr. Scott Ohm ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
May 22, 2023
The Honorable Randy Moore
Chief, United States Forest Service
U.S. Department of Agriculture
1400 Independence Avenue SW
Washington, DC 20250
Re: USDA-FS-2023-UCF-IRA-0
Dear Chief Moore,
I write to introduce a grant submission for the City of Wheat Ridge in its effort to secure funding under the
United States Department of Agriculture (USDA) Inflation Reduction Act (IRA) Urban and Community
Forestry funding opportunity (USDA-FS-2023-UCF-IRA-0).
This proposed project would support the efforts of the City of Wheat Ridge to foster community
engagement with urban forest planning, planting, and management. Additionally, the project
would greatly expand the city’s urban tree canopy, and improve long-term forest planning,
assessment, health, and resilience. It will also directly result in an additional entry-level forestry
position within the city, ten weeks of urban youth corps forestry work, and increased contracted
urban arborist work. This community-wide project, led by the city’s forestry team, will include
urban planners, park and recreation professionals, public health department input, schools, public
spaces, community groups, and engaged residents.
This grant will allow the City of Wheat Ridge to continue to improve, protect, and expand their
urban tree canopy while developing the urban forestry workforce and providing youth employment
and on the job training opportunities.
Thank you for giving your full and fair consideration to the City of Wheat Ridge in its application
(USDA-FS-2023-UCF-IRA-0) in accordance with all applicable rules, regulations, laws, and
guidelines.
Sincerely,
Brittany Pettersen
Member of Congress
Page 69 of 72 Appendix - Project Partner Support Letter: Ms. Brittany Pettersen ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Jeff Zayach, Interim Executive Director
303.232.6301 | www.jeffco.us/public-health
public_health_info@jeffco.us
645 Parfet Street, Lakewood, Colorado 80215
May 22, 2023
U.S. Department of Agriculture
Forest Service (FS) Urban and Community Forestry Program
Re: USDA-FS-2023-UCF-IRA-01
To the Urban and Community Forestry Program,
Jefferson County Public Health (JCPH) supports the City of Wheat Ridge proposal for the USDA- Forest
Service (FS) Urban and Community Forest Program’s grant to fund the “Urban Tree Canopy Project”.
There is a tremendous need across Jefferson County to reduce and slow the impacts of climate change
on our cities, reduce the risk and severity of wildfire, improve our water quality, and provide relief to
residents who reside in our urban heat islands, many of which are in our disproportionately impacted
communities.
JCPH has worked for many years to address a variety of health disparities across Jefferson County and
the Denver Metropolitan Region. With the support of JCPH, Jefferson County developed a climate action
plan with equity at its core. A priority within the plan is to minimize the heat, flooding, pollution, and
biodiversity impacts of development in both urban and rural settings, by mimicking natural processes,
such as stormwater treatment and tree canopy coverage. Wheat Ridge’s Urban Tree Canopy project will
support the county’s climate action plan, working to mitigate greenhouse gas emissions by removing
carbon dioxide from the atmosphere. In addition to its positive impacts on air quality, the project will
reduce the likelihood of high-intensity fires, serve as a buffer to nuisance noise and through water
absorption, help recharge the ground water supply. With support from USDA, Wheat Ridge can improve
its heat islands and influence Jefferson County’s understanding of tree canopy coverage impacts on land
use and development planning.
JCPH supports the efforts of the City of Wheat Ridge to continue to improve, protect, and expand the
urban tree canopy in Wheat Ridge while developing the urban forestry workforce and providing youth
employment and on the job training opportunities. Thank you all for your time and consideration in
reviewing these applications and your work in expanding tree canopies throughout the country.
Thank you,
James A. Rada, Director
Environmental Health Services Division
Jefferson County Public Health
303-271-5718
jrada@co.jefferson.co.us
Page 70 of 72 Appendix - Project Partner Support Letter: James Rada ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Page 71 of 72 Appendix - Project Partner Support Letter: Cambria Rollo ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
Page 72 of 72 Appendix - Project Partner Support Letter: Howard Wright ira-58272 rev 0.054 Created: 6/2/23 3:04 AM EST
ITEM NUMBER: 1b
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION
TITLE: RESOLUTION NO. 11-2026 – A RESOLUTION AMENDING
THE FISCAL YEAR 2026 BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF
2025 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT
OF $10,360,392
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
There are 59 open purchase orders from the 2025 budget that will be carried over to the
2026 budget. Each purchase order is associated with a specific project that was not fully
completed in the 2025 fiscal year. The funds which were encumbered for these purchase
orders were transferred to the unreserved fund balance of the relevant fund when the
purchase orders were closed. To continue or close out these projects in 2026, a
supplemental budget appropriation in the amount of $10,360,392 is necessary to allow
transfer of these funds into specific budget line items in the 2026 Budget.
PRIOR ACTION:
Council approves the re-encumbrance of active purchase orders on an annual basis.
FINANCIAL IMPACT:
A supplemental budget appropriation is requested in the amount of $10,360,392. When
the purchase orders were closed on December 31, 2025, the funds encumbered for those
purchase orders are transferred to the unreserved fund balance in each of the funds listed
below. Therefore, there are adequate funds in the various unreserved fund balances to
meet this request and there will no negative effect to the unreserved fund balances. A
detailed list of open purchase orders for 2025 is attached. The funds will be distributed as
follows:
Council Action Form – Purchase Order Carryovers
February 23, 2026
Page 2
General Fund $ 489,414
Public Art Fund $ 218,050
Capital Project Fund $ 877,274
Open Space Fund $ 1,016,003
Renewal Wheat Ridge Bond Projects $ 5,888,491
Conservation Trust Fund $ 85,854
Ballot 2J Bond Fund $ 1,785,306
Total: $10,360,392
BACKGROUND:
Per the direction of City Council in 2005, the City utilizes generally accepted accounting
principles (GAAP) which requires all encumbrances expire at year-end.
The Open PO Report (attachment 2) provides the reason for the purchase order to be
carried over into 2026. The City experienced challenges in 2025 that are worth noting here:
1. Staff turnover and vacancies delayed some projects
2. The City experienced several storm water failures which led to other projects
begin delayed
3. The City experienced uncertainty related to several markets due to various tariffs
and other extenuating circumstances from the Federal Government
RECOMMENDATIONS:
Staff recommend approval of the supplemental budget appropriation.
RECOMMENDED MOTION:
“I move to approve Resolution No.11-2026, a resolution amending the Fiscal Year 2026
Budget to reflect the approval of a supplemental budget appropriation for the re-
appropriation and re-encumbrance of the 2025 Fiscal Year encumbered funds in the
amount of $10,360,392.”
Or,
“I move to postpone indefinitely Resolution No. 11-2026, a resolution amending the Fiscal
Year 2026 Budget to reflect the approval of a supplemental budget appropriation for the
re-appropriation and re-encumbrance of the 2025 Fiscal Year encumbered funds in the
amount of $10,360,392 for the following reason(s) _______________________________.”
REPORT PREPARED/REVIEWED BY:
Whitney Mugford-Smith, Procurement Manager
Mark Colvin, Finance Manager
Council Action Form – Purchase Order Carryovers
February 23, 2026
Page 3
Marianne Schilling, Deputy City Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 11-2026
2. Open Purchase Order Report for 2025
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 11
SERIES OF 2026
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2026 BUDGET
TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION FOR THE REAPPROPRIATION AND RE-
ENCUMBRANCE OF 2025 FISCAL YEAR ENCUMBERED FUNDS IN
THE AMOUNT OF $10,360,392
WHEREAS, the City’s independent auditor has recommended that the City utilize
generally accepted accounting principles (GAAP) for its budgeting basis which requires
all encumbrances to expire at year end; and
WHEREAS, 59 purchase orders remained open on December 31, 2025; and
WHEREAS, to continue these projects in 2026, a supplemental budget
appropriation is necessary to transfer funds from unreserved fund balances to specific
2026 budget line items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The City of Wheat Ridge Fiscal Year 2026 Budget be amended
accordingly, specifically transferring a total of $10,360,392 from the following unreserved
fund balances to specific 2026 Budget line items as detailed in the open PO report:
General Fund $489,414
Public Art Fund $218,050
Capital Project Fund $877,274
Open Space Fund $1,016,003
Renewal Wheat Ridge Bond Projects $5,888,491
Conservation Trust Fund $85,854
Ballot 2J Bond Fund $1,785,306
TOTAL $10,360,392
ATTACHMENT 1
DONE AND RESOLVED this 23rd day of February 2026.
[SEAL]
ATTEST:
Onorina Maloney, Senior Deputy City
Clerk
Korey Stites, Mayor
Fund / Vendor Description Original $Open Amount Reason for Carryover
01 - General Fund
ARC Document Solutions Digitization of Paper Documents $11,000.00 $5,261.14
Work is in progress expected to complete
mid-2026
Anderson Hallas Architects Municipal Facility Feasibility $220,000.00 $11,422.65 Work is in progress with final presentation
expected in 2026
Setpoint Systems Corporation City Hall HVAC Controls $22,969.00 $10,381.75 Work is in progress expected to complete
mid-2026
Jonathan Lucero Municipal Judge Services $143,000.00 $42,872.50 Mid-year renewal
Charles Abbott Associates Building Division Services $874,542.00 $123,068.97 Funds will be used to cover Q4 2025
Auto Truck Group, LLC Unit 253 Upfit $183,781.28 $183,781.28
Work is in progress, completion expected
early 2026
AV Tech Electronics, Inc.2025 Chevy Tahoe Upfit $52,939.24 $8,349.13
Work is in progress, completion expected
early 2026
AV Tech Electronics, Inc.Vehicle Upfit - Lighting and
Controls $13,937.87 $518.72
Work is in progress, completion expected
early 2026
Civic Plus, LLC Ultimate Redesign Implementation $13,451.00 $10,088.25 Work is in progress and expected to
complete in 2026
S.I.P.A Optiv Professional Svcs $20,427.00 $10,213.50
Penetration Test Performed in December
2025
Felsburg Holt & Ullevig Traffic Analysis 29th and Fenton $5,000.00 $5,000.00
Traffic Counts to begin with favorable
weather
WR Internal Fund Disbursement Contingency funds for Traffic
Analysis $1,000.00 $1,000.00
Contingency funds held until project is
complete
WR Internal Fund Disbursement Sound Study - 44th & Gray
Carwash $6,000.00 $6,000.00 Contractor awarded late 2025, work to be
completed in 2026
CDW Government, LLC Pure Storage $68,225.92 $68,225.92 The selected hardware has been ordered
and is being built with delivery in 2026
DLT Solutions, LLC AutoCAD $12,062.06 $1,924.74 Awaiting final 2025 invoice
CO News Conservancy 2025 Connections $11,380.00 $1,305.00 Awaiting final 2025 invoice
01 - General Fund Total $489,413.55
12 - Public Art Fund
Shachtman Studios, Inc.Wadsworth Public Art $483,000.00 $71,250.00
Construction delays further delayed art
installation
Theresquared, LLC Youngfield Public Art $20,749.98 $2,800.00 Project nearing completion
Farhorizon Studio, LLC Green at 38th Public Art $60,000.00 $36,000.00 Project nearing completion
Designosaur, Inc Youngfield Mural $80,000.00 $36,000.00 Work in progress with completion expected
in 2026
Alexandrea Pangburn Youngfield Mural $80,000.00 $36,000.00 Work in progress with completion expected
in 2027
Andrew Davis Youngfield Mural $80,000.00 $36,000.00 Work in progress with completion expected
in 2028
$218,050.00
30 - Capital Project Fund
Olsson Associates Wadsworth Path Project $1,047,868.31 $259,225.09 Project is in progress, complete design due
2026
Autowash, Lakeside Reimbursement for Public
Improvement $4,941.25 $4,941.25 Project delayed due to coordination issues
with developer
AECOM Technical Services Continued Program Management -
Wads Improvement $1,272,034.00 $153,551.24 Work is substantially complete, leaving open
for maintenance and punch list items
HDR Engineering, Inc. Ongoing Design Support for Wads
Improvement $403,992.79 $333,655.24 Work is substantially complete, leaving open
for maintenance and punch list items
Raftelis Financial Consultants Stormwater Rate Study $64,390.00 $55,708.75 Initial Study Complete - working towards
implementation
WR Internal Fund Disbursement Capital Improvement Contingency $70,192.15 $70,192.15 Contingency funds held until work is
complete
$877,273.72
32 - Open Space Fund
The Architerra Group, Inc.Panorama Tennis Courts $121,960.00 $23,788.55 Project will be complete in 2026
Design Concepts, Inc. Tabor Lake Trail Improvements $207,018.00 $15,355.68 Project will be complete in 2026
WR Internal Fund Disbursement Panorama & Stites Dugout $300,000.00 $210,010.00 Design delays led to project completion
delays, will bid project Spring 2026
12 - Public Art Fund Total
30 - Capital Project Fund Total
ATTACHMENT 2
WR Internal Fund Disbursement Wayfinding Signage - Greenbelt $116,324.00 $116,324.00 Multi-Jurisdiction project delayed due to
coordination between counties
The Architerra Group, Inc.Panorama & Stites Baseball Fields $89,990.00 $22,085.85 Design is nearly complete, project will go to
bid in Spring 2026
City and County of Denver Feasibility Study $50,000.00 $11,250.00 Collaboration with CCD, final payment in
2026
JOC Construction, LLC Tabor Lake Trail Improvements $898,911.56 $341,383.01 Work is in progress expected to complete
mid-2026
Greater Western Fence, LLC Randall Park Fence $12,638.80 $3,388.80 Work is in progress expected to complete
mid-2026
WSB, LLC Clear Creek Trail Erosion Analysis
& Design $116,774.00 $74,543.25 Work is in progress expected to complete
mid-2026
Muller Engineering Co., Inc Clear Creek Trail Expansion
Design $179,943.00 $172,507.70 Work is in progress expected to complete
mid-2027
WR Internal Fund Disbursement Parks Project Contingency $152,662.83 $25,365.67 Contingency funds held until work is
complete
$1,016,002.51
40 - Renewal Wheat Ridge Bond
Short-Elliott-Hendrickson, Inc.Ward Station Area Design
Services $385,841.00 $123,336.08 Working on the Lakemont Improvement
Project
Designscapes Colorado Youngfield Beautification Project $3,735,000.01 $3,275,172.74 Work is in progress, completion anticipated
in 2026
KECI Civil Inc.32nd Ave. Bike Facilities $1,142,435.26 $1,142,435.26 Construction set to begin Spring 2026
TCC Corporation Clear Creek Bus Terminal
Construction $625,044.19 $606,683.57 Work is in progress, completion anticipated
in 2026
David Evans and Associates 32nd Ave. Bike Facilities $39,799.00 $38,145.50 Work to begin in Spring 2026
David Evans and Associates Youngfield Beautification Project $100,642.00 $81,304.35 Work is in progress, completion anticipated
in 2026
EV Studio, LLC Clear Creek Bus Terminal Design $20,000.00 $10,700.00 Final design efforts before construction
begins in Spring 2026
Single Track Construction Services Exterior Painting - Rec Center $60,466.00 $60,466.00 Work to begin when weather allows
WR Internal Fund Disbursement CIP Contingency Funds $550,247.00 $550,247.00 Contingency funds held until work is
complete
$5,888,490.50
Designscapes Colorado Panorama Tennis Courts and
Basketball Courts $1,211,000.00 $2,210.25 Work is in progress with completion
anticiapted in 2026
Slate / Officescapes Active Adult Center Lobby
Furniture $27,397.60 $9,929.94 Several items are on backorder until Spring
2026
Game Time Louise Turner Playground
Equipment Upgrade $73,713.74 $73,713.74 Equipment will be installed during favorable
weather
$85,853.93
Ayres Associates 38th W Cooridor Improvement $1,738,163.00 $1,006,521.44 Work is in progress, completion expected
later in 2026
J&T Consulting Stormwater Drain Support
Services $55,950.00 $10,129.78 Work is in progress, completion expected
early 2026
Olsson Associates Sidewalk Gap Project $166,179.00 $108,372.75 Work is in progress
ACL, Inc.44th Ave & Tabor Signal Poles $97,083.00 $83,801.00 Work is in progress, completion expected
early 2026
ACL, Inc.W 44th & Eldridge Signal Poles $22,730.00 $15,378.00 Work is in progress, completion expected
early 2026
Rocksol Consulting Group 35th Ave. Sidewalk Connection $39,956.82 $31,907.40 Work is in progress with completion
anticipated in 2026
WR Internal Fund Disbursement Capital Improvement Contingency $309,232.66 $279,195.66 Contingency funds held until project is
complete
Urban Drainage Flood Cont. Dist.Design of Drainage & Flood control
improvements $250,000.00 $250,000.00 Payment due end of February 2026
$1,785,306.03
$10,360,390.24
66 - Ballot 2J Bond Fund
66 - Ballot 2J Bond Fund
2025 Open Purchase Orders Total
32 - Open Space Fund Total
40 - Renewal Wheat Ridge Bond Total
54 - Conservation Trust Fund
54 - Conservation Trust Fund Total
ITEM NUMBER: 1c
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 12-2026
TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
ARVADA OUTLINING MANAGEMENT OF A CLEAR CREEK
TRAIL SEGMENT NEAR OTIS STREET
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City of Wheat Ridge manages approximately seven miles of the regional,
paved Clear Creek Trail (CCT). From approximately the I-70 Westbound bridge over
Clear Creek to Wadsworth Boulevard, the CCT is mostly within Arvada’s
jurisdiction, but is only accessible to users from Wheat Ridge.
Historically, Wheat Ridge has managed and maintained this trail segment, along
with the Otis St. connection trail. This proposed Intergovernmental Agreement (IGA)
formalizes the division of responsibilities for Wheat Ridge and Arvada in this area.
To participate in this IGA, City Council must authorize the Mayor to sign the IGA.
PRIOR ACTION:
None specific to this IGA.
FINANCIAL IMPACT:
This proposed IGA continues existing fiscal obligations for the City and formalizes fiscal
obligations for both the cities of Wheat Ridge and Arvada related to this trail corridor.
BACKGROUND:
Wheat Ridge has historically managed the Clear Creek Trail section from
approximately Harlan Street to Indiana Street. An approximately 700 meter stretch,
between the I-70 Westbound bridge over Clear Creek to Wadsworth Boulevard, is
Council Action Form – Trail Maintenance IGA with City of Arvada
February 23, 2026
Page 2
mostly (but not entirely) within Arvada’s jurisdiction. See Attachment 3 for an aerial
map with specifics.
Due to this segment’s location along the south side of Clear Creek and with the only
access being from Wheat Ridge, the City of Wheat Ridge has historically managed
and maintained this segment. This proposed IGA would formalize the responsibilities
for both Wheat Ridge and Arvada in regard to this trail segment.
Specific obligations detailed in the IGA include:
• Police Response
• Parking Lot Repair
• Snow Removal
• Landscaping
• Debris Removal
• Tree Maintenance
• Fence Maintenance
• Concrete Surface Repair
• Vandalism
• Monetary Reimbursement
RECOMMENDATIONS:
Staff recommend passing this resolution to direct the Mayor to sign the
Intergovernmental Agreement with the City of Arvada.
RECOMMENDED MOTION:
“I move to approve Resolution No. 12-2026, a resolution authorizing the Mayor to
execute an Intergovernmental Agreement with the City of Arvada outlining management
of a Clear Creek Trail segment near Otis Street.”
Or,
“I move to postpone indefinitely Resolution No. 12-2026, a resolution authorizing the
Mayor to execute an Intergovernmental Agreement with the City of Arvada outlining
management of a Clear Creek Trail segment near Otis Street for the following
reason(s).”
REPORT PREPARED/REVIEWED BY:
Brandon Altenburg, Grant and Special Project Administrator
Karen O’Donnell, Parks and Recreation Director
Patrick Goff, City Manager
Council Action Form – Trail Maintenance IGA with City of Arvada
February 23, 2026
Page 3
ATTACHMENTS:
1. Resolution No. 12-2026
2. Intergovernmental Agreement Clear Creek Trail Wheat Ridge and Arvada
3. Exhibit A - Map of Clear Creek Trail IGA
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 12
SERIES OF 2026
TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ARVADA
OUTLINING MANAGEMENT OF A CLEAR CREEK TRAIL SEGMENT NEAR
OTIS STREET
WHEREAS, pursuant to Article XIV Section 18 of the Colorado Constitution and
C.R.S. § 29-1-203, the City of Wheat Ridge (the City) is authorized to enter into cooperative
agreements with other governmental entities to provide any function, service, or facility
each is authorized to undertake; and
WHEREAS, the City of Wheat Ridge manages seven miles of the regional Clear
Creek Trail; and
WHEREAS, a short segment of the Clear Creek Trail crosses into the City of Arvada
with the only access from Wheat Ridge; and
WHEREAS, Wheat Ridge has historically managed and maintained this segment;
and
WHEREAS, this Intergovernmental Agreement between Wheat Ridge and Arvada
details the specific obligations of both Cities in regard to this trail segment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. The Mayor or the City Manager of the City and all appropriate City
officers are hereby authorized and directed to execute and deliver and the City Clerk is
hereby authorized and directed to attest and deliver such other agreements and
certificates and to take such other actions as may be necessary or convenient to carry
out and give effect to the Assignment and this Resolution.
Section 2. Nothing contained in this Resolution, or the Assignment shall
constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other
financial obligation of the City within the meaning of the Constitution or statutes of the
State or the home rule charter of any political subdivision thereof, nor give rise to a
pecuniary liability of the City or a charge against its general credit or taxing powers.
Section 3. If any section, paragraph, clause, or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
ATTACHMENT 1
any such section, paragraph, clause, or provision shall not affect any of the remaining
provisions of this Resolution.
Section 4. This Resolution shall be in full force and effect upon its passage and
approval.
DONE AND RESOLVED this 23rd of February 2026
[SEAL]
ATTEST:
_______________________________________
Onorina Maloney, Senior Deputy City
Clerk
Korey Stites, Mayor
Page 1 of 9
AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ARVADA AND
THE CITY OF WHEAT RIDGE
FOR MAINTENANCE OF THE
CLEAR CREEK TRAIL
1.PARTIES. The Parties to this Intergovernmental Agreement (“IGA” or “Agreement”) are the
City of Arvada, a Colorado home rule municipal corporation, whose mailing address is 8101
Ralston Road, Arvada, CO 80002 (“Arvada”) and the City of Wheat Ridge, a Colorado home
rule municipal corporation, whose mailing address is 7500 W. 29th Avenue, Wheat Ridge, CO
80033 (“Wheat Ridge”). The Parties may be referred to individually as a “Party” and
collectively as the “Parties.”
2.RECITALS AND PURPOSE.
2.1. The cities of Arvada and Wheat Ridge border one another. Clear Creek (a tributary for
the South Platte River) and its accompanying trail runs through both cities.
2.2. A portion of the Clear Creek Trail, as specifically described in Exhibit A, intersects
between both Arvada and Wheat Ridge in the approximate area of Interstate 70 and
Wadsworth Boulevard (“the Property”).
2.3. Due to trail access limitations by Arvada, the City of Wheat Ridge has historically
maintained the entire Property, whether the trail falls within Wheat Ridge or Arvada city
limits.
2.4. State law, particularly Colo. Rev. Stat. §29-1-203, as amended, permits and encourages
local governments to make the most efficient and effective use of their powers and
responsibilities by cooperating and contracting with other local governments in order to
provide any lawfully authorized function, service, or facility.
2.5. This Agreement formalizes the historical cooperation of the Parties and sets forth
obligations for each Party in the maintenance of the public improvements and
landscaping of the Property.
2.6. For good and valuable consideration, the receipt and sufficiency of which is expressly
acknowledged, the Parties agree as set forth herein.
3.EXHIBITS.
3.1. IGA Documents. The IGA Documents shall consist of this IGA together with the
following:
Exhibit A: Legal Description of Property
ATTACHMENT 2
Page 2 of 9
All exhibits referred to in this IGA are attached hereto and are, by reference,
incorporated herein for all purposes.
3.2. Interpretation of IGA Documents. In the event any matter, term, provision, or condition
that is the subject of this Agreement requires clarification or is in dispute, or is the
subject of a difference of opinion, then the terms of this Agreement shall control, and
then the terms of Exhibit A, in that order.
4. TERM AND TERMINATION.
4.1. Effective Date. This Agreement will become effective and binding upon execution by
the last Party to sign it
4.2. Term. The term of the Agreement shall remain in effect for five years from the effective
date of the Agreement as described in Sec. 4.1., unless otherwise agreed to in writing by
the Parties, and subject to availability of funds.
4.3. Termination. Either Party may terminate this Agreement with or without cause upon 30
days written notice to the other Party.
5. PARTY OBLIGATIONS.
5.1. Generally.
5.1.1. Communication. Parties agree to engage in appropriate and productive
communication regarding obligations set forth in this Agreement, and agree to share
any additional contact information, as needed.
5.1.2. Necessary Personnel, Equipment, and Facilities. Each Party shall maintain the
level of personnel, equipment, and facilities necessary to meet its obligations under
this Agreement.
5.2. Arvada’s Obligations. Arvada agrees to perform the following:
5.2.1. Police Response. Arvada shall respond to all calls for service or referrals made by
the Wheat Ridge Police Department in the event that the Wheat Ridge Police
Department observes or receives a report of suspected criminal activity on the
Property, to the extent such activity occurs within the Arvada city limits.
5.2.1.1.Parties agree that the Wheat Ridge Police Department may contact
individuals within the Arvada city limits who appear to be in violation of
the law in an effort to abate or mitigate a violation. If efforts are
unsuccessful, the Wheat Ridge Police Department will contact the Arvada
Police Department for purposes of enforcement. The Wheat Ridge Police
Department may not issue any citations within the Arvada city limits.
Page 3 of 9
5.2.2. Parking Lot Repair. Arvada shall maintain the parking lot on the Property (located
at the Otis Trailhead), as needed. Wheat Ridge agrees to notify Arvada of any
observed damage or defects to the parking lot.
5.2.3. Monetary Reimbursement. Arvada shall reimburse Wheat Ridge for monetary costs
incurred as a result of maintenance performed pursuant to this Agreement in
Sections 5.3.4, 5.3.5, 5.3.6. and 5.3.8.
5.3. Wheat Ridge’s Obligations. Wheat Ridge agrees to perform the following:
5.3.1. Snow Removal. Wheat Ridge shall remove snow, ice, and slush from the Property,
to include both the trail and connector trail from Otis Street, as soon as reasonably
possible but no later than 72 hours from the conclusion of the precipitation event.
5.3.2. Landscaping. Wheat Ridge shall maintain the landscaping of the Property, to
include mowing, weeding, pruning and other landscaping efforts, as applicable.
Landscaping shall be maintained in accordance with City of Wheat Ridge Parks
Maintenance Standards, which shall be incorporated herein by reference and may
be amended from time to time.
5.3.3. Debris Removal. Wheat Ridge shall clear and dispose of debris on the Property on
an as-needed basis. Should Arvada receive any report(s) of debris on the Property,
Arvada will communicate those report(s) to Wheat Ridge in a timely manner.
Wheat Ridge agrees to respond to such report(s) as soon as reasonably possible.
5.3.4. Tree Maintenance. Wheat Ridge shall prune and remove trees on the Property on
an as-needed basis. Wheat Ridge’s Forestry & Open Space Supervisor agrees to
confer with Arvada’s City Forester prior to the removal of trees from the Property,
unless an emergency prevents such consultation. For any major tree removal
projects within the Arvada city limits, if Wheat Ridge identifies a tree that is a
candidate for removal, Wheat Ridge will notify Arvada of the proposed need for;
anticipated cost of; and estimated timeline for removal. Arvada will either approve
or decline Wheat Ridge’s proposed removal of the tree. If Arvada approves the
proposed removal, Arvada will reimburse Wheat Ridge for the monetary costs
associated therewith. If Arvada declines Wheat Ridge’s proposed repair or
replacement, Arvada will be responsible for maintaining or removing said tree.
5.3.5. Fence Maintenance. Wheat Ridge shall maintain the chain link fence on the
Property. If the chain link fence, or a portion thereof, falls within the Arvada city
limits that Wheat Ridge identifies to be in need of repair or replacement, Wheat
Ridge will notify Arvada of the proposed need for; anticipated cost of; and
estimated timeline for repair or replacement. Once the information is provided,
Arvada will either approve or decline Wheat Ridge’s proposed repair or
replacement of the fence. If Arvada approves the proposed repair or replacement,
Arvada will reimburse Wheat Ridge for the monetary costs associated therewith. If
repair or replacement of the fence extends beyond the Arvada boundaries, Arvada’s
Page 4 of 9
costs will be divided with Wheat Ridge, pro rata. If Arvada declines Wheat Ridge’s
proposed repair or replacement, Arvada will be responsible for maintaining the
identified portion.
5.3.6. Concrete Surface Repair. Wheat Ridge shall maintain the concrete surface of the
trail on the Property. If the concrete trail, or a portion thereof, falls within the
Arvada city limits that Wheat Ridge identifies to be in need of repair or
replacement, Wheat Ridge will notify Arvada of the proposed need for; anticipated
cost of; and estimated timeline for repair or replacement. Once the information is
provided, Arvada will either approve or decline Wheat Ridge’s proposed repair or
replacement of the concrete trail. If Arvada approves the proposed repair or
replacement, Arvada will reimburse Wheat Ridge for the monetary costs associated
therewith. If repair or replacement of the concrete trail extends beyond the Arvada
boundaries, Arvada’s costs will be divided with Wheat Ridge, pro rata. If Arvada
declines Wheat Ridge’s proposed repair or replacement, Arvada will be responsible
for maintaining the identified portion.
5.3.6.1.Wheat Ridge will ensure that any contractor hired to perform work under
this section will furnish construction services in accordance with industry
standards currently practiced by construction professionals on projects
similar in size, complexity, and cost to the work performed at the request of
the Parties, and that work will comply with all applicable accessibility laws
and regulations, environmental regulations, and other applicable legal
requirements in effect at the time of the work.
5.3.7. Vandalism. Wheat Ridge shall clean up and/or repair minor vandalism on the
Property, up to $1,000 in cleanup/repair costs per incident. If vandalism occurs,
with cleanup and/or repair costs estimated to exceed $1,000 per incident, Wheat
Ridge will notify Arvada of the proposed need for; anticipated cost of; and
estimated timeline for cleanup and/or repair. Once the information is provided,
Arvada will either approve or decline Wheat Ridge’s proposed cleanup and/or
repair costs. If Arvada approves the proposed cleanup and/or repair, Arvada will
reimburse Wheat Ridge for the monetary costs associated therewith. If cleanup
and/or repair of the vandalism extends beyond the Arvada boundaries, Arvada’s
costs will be divided with Wheat Ridge, pro rata. If Arvada declines Wheat Ridge’s
proposed repair or replacement, Arvada will be responsible for cleanup and/or
repair of the identified area.
6. MUNICIPAL BOUNDARIES UNALTERED. Nothing in this IGA shall be construed as a
conveyance of property or granting of any property rights. The municipal boundary lines of
each Party remain unchanged.
7. NOTICE; PROJECT OWNERS.
7.1. Notice. Any notice required by this Agreement must be in writing and must be given by
certified mail or registered mail, postage and fees prepaid, to the Project Owner at the
Page 5 of 9
address set forth below, or at such other address as has been previously furnished in
writing, to the other Party. Such notice will be deemed to have been given when
deposited in the United States mail.
7.2. Project Owners.
7.2.1. Arvada. Arvada designates the Director of the Vibrant Community &
Neighborhoods department as Arvada’s Project Owner.
City of Arvada
Director of Vibrant Community & Neighborhoods Department
8101 Ralston Road
Arvada, Colorado 80002
7.2.2. Wheat Ridge. Wheat Ridge designates the Parks, Forestry, and Open Space
Manager as Wheat Ridge’s Project Owner.
City of Wheat Ridge
Parks, Forestry, and Open Space Manager
4005 Kipling Street
Wheat Ridge, Colorado 80033
8. GENERAL PROVISIONS.
8.1. Force Majeure. Any delays in or failure of performance by either Party of its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of
God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or
military authorities, shortages of labor or materials, or other causes, similar or dissimilar,
which are beyond the control and such Party.
8.2. Agreement to Cooperate Only. The Parties are entering into this IGA understanding that
it is intended only to facilitate cooperation between the Parties in the provision of the
Services set forth herein. No separate entity is created by this Agreement.
8.3. Employees to Remain the Employee of the Party. An employee or volunteer of a Party
will remain the employee of that Party for all purposes under this Agreement throughout
the term of the Agreement.
8.4. Insurance. Each Party must, at its own expense, keep in full force and effect during the
term of the Agreement, and during the term of any renewal, extension, or amendment of
the Agreement, insurance reasonably sufficient to insure against the liability assumed
by that Party under the terms of this Agreement. A Party’s failure to secure and maintain
sufficient insurance at any time during the pendency of this Agreement do not relieve
that Party of its obligations under this Agreement.
Page 6 of 9
8.5. Assignment. This Agreement may not be assigned by either Party without the prior
written consent of the other Party.
8.6. Governmental Immunity.
8.6.1. Each Party shall be responsible for its own negligent or intentional acts or
omissions, and for those of its employees and volunteers.
8.6.2. The Parties intend that nothing herein shall be deemed or construed as a waiver
by either Party of any immunities, rights, benefits, or protections afforded to
them under the Colorado Governmental Immunity Act (Section 24-10-101,
C.R.S., et seq.).
8.6.3. The Parties agree that in the event any claim or suit is brought against either or
both Parties by any third party as a result of the operation of this Agreement,
both Parties will cooperate with each other and with the insuring entities of both
Parties in defending such claim or suit.
8.6.4. The Parties enter this Agreement as separate, independent government agencies
and maintain that status throughout.
8.7. Waiver of Breach. A waiver by any party to the Agreement of a breach of any Agreement
term shall not operate or be construed as a waiver of any subsequent breach by either
party.
8.8. Default. Time is of the essence. If any payment or any other condition, obligation, or
duty is not timely made, tendered, or performed by either Party, then this Agreement, at
the option of the Party who is not in default, may be terminated by the non-defaulting
Party, in which case, the non-defaulting Party may recover such damages as may be
proper. If the non-defaulting Party elects to treat this Agreement as being in full force
and effect, the non-defaulting Party shall have the right to an action for specific
performance or damage or both.
8.9. Paragraph Captions. The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to define, limit,
or describe the scope or intent of this IGA.
8.10. Governing Law and Venue. Colorado law, rules, and regulations shall be applied in the
interpretation, execution, and enforcement of the Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations
shall be null and void. All suits or actions related to the Agreement shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in Jefferson
County.
8.11. Integration, Amendment, and Severability. This Agreement represents the entire
agreement between the Parties; there are no oral or collateral agreements or
Page 7 of 9
understandings. The Parties, by mutual agreement, may amend this Agreement at any
time. Any amendments must be in writing and will be incorporated into and made a part
of this Agreement. If any provision in this Agreement is held to be invalid or
unenforceable, the remainder of this Agreement will be deemed severable, and as such,
the remaining provisions will continue in full force and effect.
8.12. Additional Documents or Actions. The Parties agree to execute any additional
documents and to take any additional action that is necessary to carry out this
Agreement.
8.13. Fund Availability. Financial obligations of the Parties after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
8.14. Payments to Constitute Current Expenditures. Financial obligations of the Parties, if any,
after the current year are contingent on funds for that purpose being appropriated,
budgeted and otherwise made available by the governing body of either Party. The
Parties’ obligations under the Agreement shall be from year to year only and shall not
constitute a multiple-fiscal year direct or indirect debt or other financial obligation of
the Parties within the meaning of Article X, Section 20 of the Colorado Constitution.
8.15. No Third-Party Beneficiaries. The Parties understand and agree that enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the Parties, and nothing contained in this
Agreement shall give or allow any such claim or right of action to any other third party
on this Agreement. It is the intention of the Parties that any person other than the Parties
receiving services or benefits under this Agreement shall be deemed to be an incidental
beneficiary only.
8.16. Entire Agreement; Binding Effect. This Agreement represents the entire agreement
between the Parties and, except for written amendment authorized by the Parties, there
are no oral or collateral agreements or understandings. This Agreement shall inure to the
benefit of, and be binding upon, the Parties, their respective legal representative,
successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be
construed to permit the assignment of this Agreement except as otherwise expressly
authorized herein.
8.17. Attorneys' Fees, Costs, and Expenses. In any dispute arising from or relating to this
Agreement, the prevailing Party shall be awarded its reasonable attorneys' fees, costs,
and expenses, including attorneys' fees, costs, and expenses incurred in collecting or
executing upon any judgment, order, or award.
8.18. Counterpart Execution. This Agreement may be executed in several counterparts and by
facsimile or DocuSign, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
Page 8 of 9
Remainder of page intentionally left blank
Page 9 of 9
DATED this day of , 20 .
CITY OF ARVADA, a Colorado home
rule municipal corporation
[Arvada signatory first and last name] [Title] 8101 Ralston Road
Arvada, CO 80002
ATTEST:
City Clerk
APPROVED AS TO FORM: Rachel A. Morris
By: _________________________________
CITY OF WHEAT RIDGE, a Colorado home
rule municipal corporation
[Other entity’s signatory first and last name] [Title]
7500 W. 29th Avenue
Wheat Ridge, CO 80033
CITY OFARVADA
NO.REVISION DATE BY
1
Public Works Department
Engineering Division
8101 Ralston Road
Arvada, Colorado 80002
Phone 720-898-7640
Drafted By: D, Leidigh
Surveyor: D. Smith
Engineer: N/A
Project No.: ----
Plot Date: 8/7/2025 9:41 AMFile: G:\SURVEY\SDRFILES\EASEMENTS DONE BY THE SURVEY GROUP\CLEAR CREEK TRAIL IGA\TOPO\CLEAR CREEK TRAIL IGA.DWG
SE 14 Section 14
Township 3 South
Range 69 West
6th P.M.
2
3
4
5
Scale 1" = 500'
Exhibit A
Clear Creek Trail IGA
Section 14, Township 3 South, Range 69 West, of the
6th Principle Meridian, City of Arvada, County of
Jefferson, State of Colorado
S 1/4 CORNER SECTION 14,
T 3 S, R 69 W, 6TH P.M.
FOUND 30" LONG ALUM. PIPE WITH
A 3 1/4" BRASS CAP ON IT IN
RANGE BOX STAMPED: CITY OF
WHEATRIDGE LS 13212 1984
SE CORNER SECTION 14,
T 3 S, R 69 W, 6TH P.M.
FOUND 30" LONG ALUM. PIPE WITH A
3 1/4" BRASS CAP ON IT IN RANGE
BOX STAMPED: CITY OF WHEATRIDGE
LS 13212 1984
Notes:
1. This Exhibit Map does not represent a field survey. It is not a monumented land survey or land survey plat. It is
intended only to depict the attached IGA.
2. Bearings are based on the South Line, SE 1/4, Section 14, Township 3 South, Range 69 West, of the 6th Principal
Meridian between the S 14 Corner and the SE Corner of said Section 14, bearing North 89°43'13" East with their
respective corners monumented as noted above.
3. This Exhibit Map was prepared for and on behalf of the City of Arvada for the sole purpose of acquiring a IGA.
4. All distances are grid distances reported in U.S. Survey Feet, Northing and Easting locations are in Colorado Central,
State Plane US Ft.
N
Feet
0 250 500
ITEM NUMBER: 1d
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 13-2026
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE CITY OF WHEAT RIDGE
AND THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR THE TABOR STREET MULTIMODAL IMPROVEMENT
PROJECT
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
In 2025, the City was awarded funding through the Colorado Department of
Transportation (CDOT) to construct improvements for Tabor Street from I-70 to Clear
Creek Trail. The funding includes both federal and state funding.
CDOT administers the funding, so an Intergovernmental Agreement needs to be
executed that outlines the various parties’ responsibilities, summarizes the funding
sources, and details the requirements of the funding sources.
PRIOR ACTION:
There has been no prior action taken to this IGA.
FINANCIAL IMPACT:
Funding for the Tabor Street Multimodal Improvement project is budgeted in the
Renewal Wheat Ridge Bond Fund for design services in 2026 with construction to follow
in late 2027. The total project cost is estimated at $14,020,365. The City’s portion of the
local match is $2,124,365
BACKGROUND:
Tabor Street serves as the sole crossing of I-70 between Ward Road and Kipling Street,
creating a vital link from the G Line station—via Ridge Road—to the Clear Creek Trail.
Currently, there are no multimodal facilities south of the I-70 Frontage Road North. The
Council Action Form – Tabor Street Multimodal Improvement
February 23, 2026
Page 2
existing bridge over I-70 is narrow and heavily trafficked, particularly by trucks exiting
the adjacent truck stop for westbound I-70. Additionally, the segment of Tabor Street
south of 44th Avenue functions more like an alley, with barely enough space for a single
vehicle.
This project aims to extend multimodal infrastructure southward across I-70,
connecting with the Clear Creek Trail. This enhancement will provide essential
pedestrian and bicycle access—especially for residents without vehicles—linking the
G Line station with nearby residential areas, employment centers, and the Clear Creek
Crossing development.
The multimodal corridor will also enable residents south of I-70 to access the G Line
station and nearby employment hubs within the DRCOG-designated Urban Center.
The funding breakdown for this project is shown on Exhibit C on page 34 of the IGA,
see Attachment 1. The funding is summarized below:
Federal DRCOG Funds $1,596,000
Federal CMAQ Funds $8,300,000
State MMO Funds $2,000,000
City Funds $2,124,365
Total $14,020,365
RECOMMENDATIONS:
Staff recommend approval of an Intergovernmental Agreement between the City of
Wheat Ridge and the Colorado Department of Transportation for the Tabor Street
Multimodal Improvement project.
RECOMMENDED MOTION:
“I move to approve Resolution No. 13-2026, a resolution approving an
Intergovernmental Agreement between the City of Wheat Ridge and the Colorado
Department of Transportation for the Tabor Street Multimodal Improvement project.”
Or,
“I move to postpone indefinitely Resolution No. 13-2026, a resolution approving an
Intergovernmental Agreement between the City of Wheat Ridge and the Colorado
Department of Transportation for the Tabor Street Multimodal Improvement project.”
REPORT PREPARED/REVIEWED BY:
Kent Kisselman, Director of Public Works
Council Action Form – Tabor Street Multimodal Improvement
February 23, 2026
Page 3
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 13-2026
2. CDOT IGA
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 13
SERIES OF 2026
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR THE TABOR
STREET MULTIMODAL IMPROVEMENT PROJECT
WHEREAS, the City of Wheat Ridge (the “City”) applied for and was awarded
federal and state transportation funding in 2025 for the Tabor Street Multimodal
Improvement Project (the “Project”); and
WHEREAS, the Project will construct multimodal improvements along Tabor
Street from I-70 to the Clear Creek Trail, extending pedestrian and bicycle infrastructure
across I-70 and improving connectivity between residential areas, employment centers,
the G Line station, and regional trail systems; and
WHEREAS, the Project enhances multimodal access, supports regional mobility,
and advances the City’s transportation and infrastructure goals; and
WHEREAS, project funding includes federal DRCOG funds in the amount of
$1,596,000, federal CMAQ funds in the amount of $8,300,000, state MMO funds in the
amount of $2,000,000, and City funds in the amount of $2,124,365, for a total estimated
project cost of $14,020,365; and
WHEREAS, the Colorado Department of Transportation (CDOT) administers the
federal and state funds and requires the execution of an Intergovernmental Agreement
(“IGA”) outlining the responsibilities of the parties and the funding requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. The Intergovernmental Agreement between the City of Wheat Ridge
and the Colorado Department of Transportation for the Tabor Street Multimodal
Improvement Project is hereby approved in substantially the form presented to
City Council.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute the Intergovernmental Agreement and such other documents as are
necessary to carry out the intent of this Resolution.
ATTACHMENT 1
Section 3. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 23rd day of February 2026.
Korey Stites, Mayor
[SEAL]
ATTEST:
Onorina Maloney, Sr. Deputy City Clerk
OLA #: 331003739
Routing #: 26-HA1-XC-00054
STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT
Signature and Cover Page
State Agency
Department of Transportation
Local Agency
CITY OF WHEAT RIDGE
Agreement Routing Number
26-HA1-XC-00054
Agreement Effective Date
The later of the Effective
Date or November 17, 2025
Agreement Description
TABOR STREET MULTIMODAL
IMPROVEMENT
Project #
TAP
M361-015
(26040)
Region
# R1
Agreement
Writer
DMM
Agreement Expiration Date
November 16, 2035
Agreement Maximum Amount
$14,020,365.00
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that he or she is duly
authorized to execute this Agreement and to bind the Party authorizing his or her
signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
________________________________
Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY
CITY OF WHEAT RIDGE
By:_____________________________
*Signature
Name:_________________________
(Print Name)
Title:____________________________
(Print Title)
Date:___________________________
SECOND LOCAL AGENCY
SIGNATURE
CITY OF WHEAT RIDGE
By:_____________________________
*Signature
Name:__________________________
(Print Name)
Title:____________________________
(Print Title)
Date:___________________________
STATE OF COLORADO
LEGAL REVIEW
Philip J. Weiser, Attorney General
By:_____________________________
Assistant Attorney General
Date:__________________________
Page 1 of 30
ATTACHMENT 2
OLA #: 331003739
Routing #: 26-HA1-XC-00054
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Colorado Department of Transportation
Effective Date: __________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and
dated above by the State Controller or an authorized delegate.
Page 2 of 30
OLA #: 331003739
Routing #: 26-HA1-XC-00054
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TABLE OF CONTENTS
1.PARTIES ................................................................................................................................................. 3
2.TERM AND EFFECTIVE DATE ........................................................................................................... 3
3.AUTHORITY .......................................................................................................................................... 4
4.PURPOSE ................................................................................................................................................ 5
5.DEFINITIONS ........................................................................................................................................ 5
6.SCOPE OF WORK ................................................................................................................................. 8
7.PAYMENTS .......................................................................................................................................... 12
8.REPORTING - NOTIFICATION ......................................................................................................... 16
9.LOCAL AGENCY RECORDS ............................................................................................................. 17
10.CONFIDENTIAL INFORMATION-STATE RECORDS .................................................................... 18
11.CONFLICTS OF INTEREST ................................................................................................................ 19
12.INSURANCE ........................................................................................................................................ 19
13.BREACH ............................................................................................................................................... 21
14.REMEDIES ........................................................................................................................................... 22
15.DISPUTE RESOLUTION ..................................................................................................................... 23
16.NOTICES AND REPRESENTATIVES ............................................................................................... 24
17.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 24
18.GOVERNMENTAL IMMUNITY ........................................................................................................ 25
19.STATEWIDE CONTRACT MANAGEMENT SYSTEM .................................................................... 25
20.GENERAL PROVISIONS .................................................................................................................... 26
21.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 28
22.FEDERAL REQUIREMENTS ............................................................................................................. 30
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE) ..................................................................... 30
EXHIBIT A, SCOPE OF WORK
EXHIBIT B, SAMPLE OPTION LETTER
EXHIBIT C, FUNDING PROVISIONS (Budget)
EXHIBIT D, LOCAL AGENCY RESOLUTION
EXHIBIT E, LOCAL AGENCY AGREEMENT ADMINISTRATION CHECKLIST
EXHIBIT F, CERTIFICATION FOR FEDERAL-AID AGREEMENTS
EXHIBIT G, DISADVANTAGED BUSINESS ENTERPRISE
EXHIBIT H, LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
EXHIBIT I, FEDERAL-AID AGREEMENT PROVISIONS FOR CONSTRUCTION AGREEMENTS
EXHIBIT J, ADDITIONAL FEDERAL REQUIREMENTS
EXHIBIT K, FFATA SUPPLEMENTAL FEDERAL PROVISIONS
EXHIBIT L, SAMPLE SUBRECIPIENT MONITORING AND RISK ASSESSMENT FORM
EXHIBIT M, OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
EXHIBIT N, FEDERAL TREASURY PROVISIONS
EXHIBIT O, AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
EXHIBIT P, SLFRF SUBRECIPIENT QUARTERLY REPORT
EXHIBIT Q, SLFRF REPORTING MODIFICATION FORM
EXHIBIT R, APPLICABLE FEDERAL AWARDS
EXHIBIT S, PII CERTIFICATION
EXHIBIT T, CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
1.PARTIES
This Agreement is entered into by and between Local Agency named on the Signature and Cover Page for this
Agreement (“Local Agency”), and the STATE OF COLORADO acting by and through the State agency named
on the Signature and Cover Page for this Agreement (the “State” or “CDOT”). Local Agency and the State agree
to the terms and conditions in this Agreement.
2.TERM AND EFFECTIVE DATE
A.Effective Date
OLA #: 331003739
Routing #: 26-HA1-XC-00054
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This Agreement shall not be valid or enforceable until the Effective Date, and Agreement Funds shall be
expended within the dates shown in Exhibit C for each respective phase (“Phase Performance Period(s)”).
The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have
no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date
of this original Agreement; except as described in §7.D; 2) before the encumbering document for the
respective phase and the official Notice to Proceed for the respective phase; or 3) after the Final Phase
Performance End Date, as shown in Exhibit C. Additionally, the State shall have no obligation to pay Local
Agency for any Work performed or expense incurred after the Agreement Expiration Date or after required
billing deadline specified in §7.B.i.e., or the expiration of “Special Funding” if applicable, whichever is
sooner. The State’s obligation to pay Agreement Funds exclusive of Special Funding will continue until the
Agreement Expiration Date. If Agreement Funds expire before the Agreement Expiration Date, then no
payments will be made after expiration of Agreement Funds.
B. Initial Term and Extension
The Parties’ respective performances under this Agreement shall commence on the Agreement Effective
Date shown on the Signature and Cover Page for this Agreement and shall terminate on November 16, 2035
as shown on the Signature and Cover Page for this Agreement, unless sooner terminated or further extended
in accordance with the terms of this Agreement. Upon request of Local Agency, the State may, in its sole
discretion, extend the term of this Agreement by Option Letter pursuant §7.E.iv. If the Work will be
performed in multiple phases, the period of performance start and end date of each phase is detailed under
the Project Schedule in Exhibit C.
C. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, and this ARPA Award is not appropriated, or otherwise become unavailable to fund this ARPA Award
the State, in its discretion, may terminate this Agreement in whole or in part. This subsection shall not apply
to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by
§14.A.i.
i. Method and Content
The State shall notify Local Agency by providing written notice to Local Agency of the termination and
be in accordance with §16. The notice shall specify the effective date of the termination and whether it
affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject
to §14.A.i.a
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the
uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement
shall not exceed the maximum amount payable to Local Agency hereunder. This subsection shall not
apply to a termination of this ARPA Award by the State for breach by Local Agency.
D. Local Agency Termination Under Federal Requirements
Local Agency may request termination of the ARPA Award by sending notice to the State, which includes
the effective date of the termination. If this ARPA Award is terminated in this manner, then Local Agency
shall return any advanced payments made for work that will not be performed prior to the effective date of
the termination.
3. AUTHORITY
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Authority to enter into this Agreement exists in the law as follows:
A. Federal Authority
Pursuant to Title I, Subtitle A, of the “Fixing America’s Surface Transportation Act” (FAST Act) of 2015,
and to applicable provisions of Title 23 of the United States Code and implementing regulations at Title 23
of the Code of Federal Regulations, as may be amended, (collectively referred to hereinafter as the
“Federal Provisions”), certain federal funds have been and are expected to continue to be allocated for
transportation projects requested by Local Agency and eligible under the Surface Transportation
Improvement Program that has been proposed by the State and approved by the Federal Highway
Administration (“FHWA”).
Pursuant to Title VI of the Social Security Act, Section 602 of the “Coronavirus State and Local Fiscal
Recovery Funds”, a part of the American Rescue Plan, provides state, local and Tribal governments with the
resources needed to respond to the pandemic and its economic effects and to build a stronger, more equitable
economy during the recovery.
B. State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible for
the general administration and supervision of performance of projects in the Program, including the
administration of federal funds for a Program project performed by a Local Agency under a contract with the
State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116, 43-2-
101(4)(c) and 43-2-104.5.
4. PURPOSE
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s Stewardship
Agreement with the FHWA and/or USDT as shown in Exhibit C.
5. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Agreement Funds” means the funds that have been appropriated, designated, encumbered, or otherwise
made available for payment by the State under this Agreement.
C. “ARPA” means American Rescue Plan Act, funded by the US Department of the Treasury (“USDT”). See
“SLFRF” below.
D. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
E. “Budget” means the budget for the Work described in Exhibit C.
F. “Business Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S..
G. “Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or
her authority pursuant to §24-102-202 to procure or supervise the procurement of all supplies and services
needed by the State.
H. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance
of their authorized functions, including, without limitation, all information defined as criminal justice
information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-
72-302, C.R.S.
I. “Consultant” means a professional engineer or designer hired by Local Agency to design the Work Product.
J. “Contractor” means the general construction contractor hired by Local Agency to construct the Work.
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K. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
L. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature and Cover Page for this Agreement.
M. “Evaluation” means the process of examining Local Agency’s Work and rating it based on criteria
established in §6, Exhibit A and Exhibit E.
N. “Exhibits” means the following exhibits attached to this Agreement:
i. Exhibit A, Scope of Work.
ii. Exhibit B, Sample Option Letter.
iii. Exhibit C, Funding Provisions
iv. Exhibit D, Local Agency Resolution
v. Exhibit E, Local Agency Contract Administration Checklist
vi. Exhibit F, Certification for Federal-Aid Contracts
vii. Exhibit G, Disadvantaged Business Enterprise
viii. Exhibit H, Local Agency Procedures for Consultant Services
ix. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts
x. Exhibit J, Additional Federal Requirements
xi. Exhibit K, The Federal Funding Accountability and Transparency Act of 2006 (FFATA)
Supplemental Federal Provisions
xii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form
xiii. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”)
xiv. Exhibit N, Federal Treasury Provisions
xv. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds
xvi. Exhibit P, SLFRF Subrecipient Quarterly Report
xvii. Exhibit Q, SLFRF Reporting Modification Form
xviii. Exhibit R, Applicable Federal Awards
xix. Exhibit S, PII Certification
xx. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source
O. “Expiration Date” means the date on which this Agreement expires, as shown on the Signature and Cover
Page for this Agreement.
P. “Extension Term” means the period of time by which the ARPA Expiration Date is extended by the State
through delivery of an updated ARPA Letter.
Q. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under
the Federal Acquisition Requirements by a Federal Awarding Agency to a Recipient. “Federal Award” also
means an agreement setting forth the terms and conditions of the Federal Award. The term does not include
payments to a contractor or payments to an individual that is a beneficiary of a Federal program.
R. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The US
Department of the Treasury is the Federal Awarding Agency for the Federal Award, which may be the
subject of this Agreement.
S. “FHWA” means the Federal Highway Administration, which is one of the twelve administrations under the
Office of the Secretary of Transportation at the U.S. Department of Transportation. FHWA provides
stewardship over the construction, maintenance and preservation of the Nation’s highways and tunnels.
FHWA is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement.
T. “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Local Agency in
connection with the Services.
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U. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access or disclosure of State Confidential Information or of the unauthorized modification,
disruption, or destruction of any State Records.
V. “Initial Term” means the time period defined in §2.B.
W. “Local Funds” means the funds provided by the Local Agency as their obligated contribution to the federal
and/or State Awards to receive the federal and/or State funding.
X. “Notice to Proceed” means the letter issued by the State to the Local Agency stating the date the Local
Agency can begin work subject to the conditions of this Agreement.
Y. “OMB” means the Executive Office of the President, Office of Management and Budget.
Z. “Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the FHWA.
AA. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency.
BB. “PCI” means payment card information including any data related to credit card holders’ names, credit card
numbers, or the other credit card information as may be protected by state or federal law.
CC. “PHI” means any protected health information, including, without limitation any information whether oral
or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition
of an individual; the provision of health care to an individual; or the past, present or future payment for the
provision of health care to an individual; and (ii) that identifies the individual or with respect to which there
is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is
not limited to, any information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
DD. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as
name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any
other information that is linked or linkable to an individual, such as medical, educational, financial, and
employment information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501 C.R.S. “PII” shall also mean “personal identifying information” as
set forth at § 24-74-102, et. seq., C.R.S.
EE. “Recipient” means the Colorado Department of Transportation (CDOT) for this Federal Award.
FF. “Services” means the services to be performed by Local Agency as set forth in this Agreement and shall
include any services to be rendered by Local Agency in connection with the Goods.
GG. “SLFRF” means State and Local Fiscal Recovery Funds, provided by ARPA, funded by the US Treasury
Department.
HH. “Special Funding” means an award by Federal agency or the State which may include but is not limited to
one or a combination of Multimodal Transportation & Mitigation Options Funding, Revitalizing Main
Streets, Safer Main Streets, Stimulus Funds, Coronavirus Response and Relief Supplemental Funds, ARPA,
SLFRF, or COVID Relief.
II. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to, PII and State personnel records not subject
to disclosure under CORA.
JJ. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a).
KK. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on
June 30 of the following calendar year. If a single calendar year follows the term, then it means the State
Fiscal Year ending in that calendar year.
LL. “State Purchasing Director” means the position described in the Colorado Procurement Code and its
implementing regulations.
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MM. “State Records” means any and all State data, information, and records, regardless of physical form,
including, but not limited to, information subject to disclosure under CORA.
NN. “Sub-Award” means this Award by the State to Local Agency funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and
conditions of the Federal Award specifically indicate otherwise.
OO. “Subcontractor” means third parties, if any, engaged by Local Agency to aid in performance of the Work.
PP. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of
a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient
may also be a recipient of other Federal Awards directly from a Federal Awarding Agency.
QQ. “Tax Information” means Federal and State of Colorado tax information including, without limitation,
Federal and State tax returns, return information, and such other tax-related information as may be protected
by Federal and State law and regulation. Tax Information includes but is not limited to all information
defined as Federal tax Information in Internal Revenue Service Publication 1075.
RR. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, which supersedes requirements from OMB
Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single
Audit Act follow-up.
SS. “USDT” The United States Department of the Treasury (USDT) is the national treasury and finance
department of the federal government of the United States where it serves as an executive department. The
USDT funds ARPA.
TT. “Work” means the delivery of the Goods and performance of the Services in compliance with CDOT’s
Local Agency Manual described in this Agreement.
UU. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs,
negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
any other results of the Work. “Work Product” does not include any material that was developed prior to
the Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined
in that Exhibit.
6. SCOPE OF WORK
Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A, and the Local Agency Manual. The State shall have no liability to compensate Local Agency for the
delivery of any Goods or the performance of any Services that are not specifically set forth in this Agreement.
Work may be divided into multiple phases that have separate periods of performance. The State may not
compensate for Work that Local Agency performs outside of its designated phase performance period. The
performance period of phases, including, but not limited to Design, Construction, Right of Way, Utilities, or
Environment phases, are identified in Exhibit C. The State may unilaterally modify Exhibit C from time to time,
at its sole discretion, to extend the Agreement Expiration Date and/or to extend the period of performance for a
phase of Work authorized under this Agreement. To exercise these options to extend the Agreement Expiration
Date and/or to update the phase performance period extension option, the State will provide written notice to
Local Agency in a form substantially equivalent to Exhibit B. The State’s unilateral extension of the Agreement
Expiration Date and/or the phase performance periods will not amend or alter in any way the funding provisions
or any other terms specified in this Agreement, notwithstanding the options listed under §7.E
A. Local Agency Commitments
i. Design
If the Work includes preliminary design, final design, design work sheets, or special provisions and
estimates (collectively referred to as the “Plans”), Local Agency shall ensure that it and its Contractors
comply with and are responsible for satisfying the following requirements:
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a. Perform or provide the Plans to the extent required by the nature of the Work.
b. Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
c. Prepare provisions and estimates in accordance with the most current version of the State’s Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local
Agency specifications if approved by the State.
d. Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e. Stamp the Plans as produced by a Colorado registered professional engineer.
f. Provide final assembly of Plans and all other necessary documents.
g. Ensure the Plans are accurate and complete.
h. Make no further changes in the Plans following the award of the construction contract to Contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in
writing by CDOT, and when final, they will be deemed incorporated herein.
ii. Local Agency Work
a. Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA)
42 U.S.C. § 12101, et. seq., and applicable federal regulations and standards as contained in the
document “ADA Accessibility Requirements in CDOT Transportation Projects”.
b. Local Agency shall afford the State ample opportunity to review the Plans and shall make any
changes in the Plans that are directed by the State to comply with FHWA requirements.
c. Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans
and/or construction administration. Provided, however, if federal-aid funds are involved in the cost
of such Work to be done by such Consultant, such Consultant contract (and the performance
provision of the Plans under the contract) must comply with all applicable requirements of 23 C.F.R.
Part 172 and with any procedures implementing those requirements as provided by the State,
including those in Exhibit H. If Local Agency enters into a contract with a Consultant for the Work:
1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract,
subject to the State’s approval. If not approved by the State, Local Agency shall not enter into
such Consultant contract.
2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract has
been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from Local Agency’s attorney/authorized
representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d).
6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between Local Agency and the State (which is incorporated herein by this
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reference) for the design/construction of the project. The State is an intended third-party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
(c) The consultant shall review the construction Contractor’s shop drawings for conformance
with the contract documents and compliance with the provisions of the State’s publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
iii. Construction
If the Work includes construction, Local Agency shall perform the construction in accordance with the
approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing construction Contractor claims;
construction supervision; and meeting the quality control requirements of the FHWA/CDOT
Stewardship Agreement, as described in Exhibit E.
a. The State may, after providing written notice of the reason for the suspension to Local Agency,
suspend the Work, wholly or in part, due to the failure of Local Agency or its Contractor to correct
conditions which are unsafe for workers or for such periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
b. Local Agency shall be responsible for the following:
1) Appointing a qualified professional engineer, licensed in the State of Colorado, as Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures, as defined in the CDOT Local Agency Manual
(https://www.codot.gov/business/designsupport/bulletins_manuals/2006-local-agency-
manual).
2) For the construction Services, advertising the call for bids, following its approval by the State,
and awarding the construction contract(s) to the lowest responsible bidder(s).
(a) All Local Agency’s advertising and bid awards pursuant to this Agreement shall comply
with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635 and
C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that Local
Agency and its Contractor(s) incorporate Form 1273 (Exhibit I) in its entirety, verbatim,
into any subcontract(s) for Services as terms and conditions thereof, as required by 23
C.F.R. 633.102(e).
(b) Local Agency may accept or reject the proposal of the apparent low bidder for Work on
which competitive bids have been received. Local Agency must accept or reject such bids
within three (3) working days after they are publicly opened.
(c) If Local Agency accepts bids and makes awards that exceed the amount of available
Agreement Funds, Local Agency shall provide the additional funds necessary to complete
the Work or not award such bids.
(d) The requirements of §6.A.iii.b.2 also apply to any advertising and bid awards made by the
State.
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(e) The State (and in some cases FHWA) must approve in advance all Force Account
Construction, and Local Agency shall not initiate any such Services until the State issues a
written Notice to Proceed.
iv. Right of Way (ROW) and Acquisition/Relocation
a. If Local Agency purchases a ROW for a State highway, including areas of influence, Local Agency
shall convey the ROW to CDOT promptly upon the completion of the project/construction.
b. Any acquisition/relocation activities shall comply with all applicable federal and State statutes and
regulations, including but not limited to, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs, as amended (49 C.F.R. Part 24),
CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c. The Parties’ respective responsibilities for ensuring compliance with acquisition, relocation and
incidentals depend on the level of federal participation as detailed in CDOT’s Right of Way Manual
(located at http://www.codot.gov/business/manuals/right-of-way); however, the State always
retains oversight responsibilities.
d. The Parties’ respective responsibilities at each level of federal participation in CDOT’s Right of
Way Manual, and the State’s reimbursement of Local Agency costs will be determined pursuant the
following categories:
1) Right of way acquisition (3111) for federal participation and non-participation;
2) Relocation activities, if applicable (3109);
3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of
way – 3114).
v. Utilities
If necessary, Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company that may become involved in the Work. Prior to the Work being advertised for bids,
Local Agency shall certify in writing to the State that all such clearances have been obtained.
vi. Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, Local Agency shall make timely application to the Public
Utilities Commission (“PUC”) requesting its order providing for the installation of the proposed
improvements. Local Agency shall not proceed with that part of the Work before obtaining the PUC’s
order. Local Agency shall also establish contact with the railroad company involved for the purpose of
complying with applicable provisions of 23 C.F.R. 646, subpart B, concerning federal-aid projects
involving railroad facilities, and:
a. Execute an agreement with the railroad company setting out what work is to be accomplished and
the location(s) thereof, and which costs shall be eligible for federal participation.
b. Obtain the railroad’s detailed estimate of the cost of the Work.
c. Establish future maintenance responsibilities for the proposed installation.
d. Proscribe in the agreement the future use or dispositions of the proposed improvements in the event
of abandonment or elimination of a grade crossing.
e. Establish future repair and/or replacement responsibilities, as between the railroad company and the
Local Agency, in the event of accidental destruction or damage to the installation.
vii. Environmental Obligations
Local Agency shall perform all Work in accordance with the requirements of current federal and State
environmental regulations, including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
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viii. Maintenance Obligations
Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA. Local Agency shall
conduct such maintenance and operations in accordance with all applicable statutes, ordinances, and
regulations pertaining to maintaining such improvements. The State and FHWA may make periodic
inspections to verify that such improvements are being adequately maintained.
ix. Monitoring Obligations
Local Agency shall respond in a timely manner to and participate fully with the monitoring activities
described in §7.F.vi.
B. State’s Commitments
i. The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
ii. Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any Work constituting
major structures designed by, or that are the responsibility of, Local Agency, as identified in Exhibit E.
7. PAYMENTS
A. Maximum Amount
Payments to Local Agency are limited to the unpaid, obligated balance of the Agreement Funds set forth in
Exhibit C. The State shall not pay Local Agency any amount under this Agreement that exceeds the
Agreement Maximum set forth in Exhibit C.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Local Agency in the amounts and in accordance with conditions set forth in
Exhibit C.
b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Local Agency and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Local Agency shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables
provided under the Agreement.
e. If a project is funded in part with Federal or State special funding there may be an expiration date
for the funds. The expiration date applies to grants and local funds used to match grants. To receive
payment or credit for the match, Work must be completed or substantially completed, as outlined in
the terms of the grant, prior to the expiration date of the special funding and invoiced in compliance
with the rules outlined in the award of the funding. The acceptance of an invoice shall not constitute
acceptance of any Work performed or deliverables provided under the Agreement.
ii. Interest
Amounts not paid by the State within 45 days after the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 46th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days interest
to be paid and the interest rate.
iii. Payment Disputes
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If Local Agency disputes any calculation, determination, or amount of any payment, Local Agency shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Local Agency and may make changes to its
determination based on this review. The calculation, determination, or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
a. The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the
appropriation and continuing availability of Agreement Funds in any subsequent year (as provided
in the Colorado Special Provisions). If federal funds or funds from any other non-State funds
constitute all or some of the Agreement Funds, the State’s obligation to pay Local Agency shall be
contingent upon such non-State funding continuing to be made available for payment. Payments to
be made pursuant to this Agreement shall be made only from Agreement Funds, and the State’s
liability for such payments shall be limited to the amount remaining of such Agreement Funds. If
State, federal or other funds are not appropriated, or otherwise become unavailable to fund this
Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part,
without incurring further liability. The State shall, however, remain obligated to pay for Services
and Goods that are delivered and accepted prior to the effective date of notice of termination, and
this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.C.
b. If the agreement funds are terminated, the State can terminate the contract early. Payment due for
work done to the date of termination will be processed in a manner consistent with §2.C.
v. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Local Agency in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds
received by Local Agency. The State may recover such payments by deduction from subsequent
payments under this Agreement, deduction from any payment due under any other contracts, grants or
agreements between the State and Local Agency, or by any other appropriate method for collecting debts
owed to the State. The close out of a Federal Award does not affect the right of FHWA or the State to
disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period (as defined below in §9.A.).
vi. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Local Agency Funds
Local Agency shall provide their obligated contribution funds as outlined in §7.A. and Exhibit C. Local
Agency shall have raised the full amount of their funds prior to the Effective Date and shall report to the
State regarding the status of such funds upon request. Local Agency’s obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s
treasury. Local Agency represents to the State that the amount designated “Local Agency Funds” in Exhibit
C has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid
into its treasury. Local Agency may evidence such obligation by an appropriate ordinance/resolution or other
authority letter expressly authorizing Local Agency to enter into this Agreement and to expend its match
share of the Work. A copy of any such ordinance/resolution or authority letter is attached hereto as Exhibit
D if applicable. Local Agency does not by this Agreement irrevocably pledge present cash reserves for
payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of
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Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes, or
penalties of any nature, except as required by Local Agency’s laws or policies.
D. Reimbursement of Local Agency Costs
The State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount
described in Exhibit C and §7. However, any costs incurred by Local Agency prior to the Effective Date
shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award
funding is retroactive. The State shall pay Local Agency for costs or expenses incurred or performance by
the Local Agency prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Local
Agency. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance
with the provisions of this Agreement. The applicable principles described in 2 C.F.R. Part 200 shall govern
the State’s obligation to reimburse all costs incurred by Local Agency and submitted to the State for
reimbursement hereunder, and Local Agency shall comply with all such principles. The State shall reimburse
Local Agency for the federal-aid share of properly documented costs related to the Work after review and
approval thereof, subject to the provisions of this Agreement and Exhibit C. Local Agency costs for Work
performed prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs
and indication that the Federal Award funding is retroactive. Local Agency costs for Work performed after
any Performance Period End Date for a respective phase of the Work, is not reimbursable. Allowable costs
shall be:
i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency
that reduce the cost actually incurred).
E. Unilateral Modification of Agreement Funds Budget by State Option Letter
The State may, at its discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in
the Work schedule in Exhibit C if such modifications do not increase total budgeted Agreement Funds. Such
Option Letters shall amend and update Exhibit C, Sections 2 or 4 of the Table, and sub-sections B and C of
the Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized
delegate. This is NOT a Notice to Proceed. Modification of Exhibit C by unilateral Option Letter is
permitted only in the specific scenarios listed below. The State will exercise such options by providing Local
Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B. Such Option Letters
will be incorporated into this Agreement. This applies to the entire Scope of Work.
i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount
The State may require by Option Letter that Local Agency begin a new Work phase that may include
Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous Work (but may not
include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option
Letters may not modify the other terms and conditions stated in this Agreement and must decrease the
amount budgeted and encumbered for one or more other Work phases so that the total amount of
budgeted Agreement Funds remains the same. The State may also change the funding sources so long
as the amount budgeted remains the same and the Local Agency contribution does not increase. The
State may also issue a unilateral Option Letter to increase and/or decrease the total encumbrance amount
of two or more existing Work phases, as long as the total amount of budgeted Agreement Funds remains
the same, replacing the original Agreement Funding exhibit (Exhibit C) with an updated Exhibit C-1
(with subsequent exhibits labeled C-2, C-3, etc.).
ii. Option to Transfer Funds from One Phase to Another Phase.
The State may require or permit Local Agency to transfer Agreement Funds from one Work phase
(Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase
as a result of changes to State, federal, and local match funding. In such case, the original funding exhibit
(Exhibit C) will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled C-2, C-3,
etc.) attached to the Option Letter. The Agreement Funds transferred from one Work phase to another
are subject to the same terms and conditions stated in the original Agreement with the total budgeted
Agreement Funds remaining the same. The State may unilaterally exercise this option by providing a
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fully executed Option Letter to Local Agency within thirty (30) days before the initial targeted start date
of the Work phase, in a form substantially equivalent to Exhibit B.
iii. Option to Exercise Options i and ii.
The State may require Local Agency to add a Work phase as detailed in Exhibit A, and encumber and
transfer Agreement Funds from one Work phase to another. The original funding exhibit (Exhibit C) in
the original Agreement will be replaced with an updated Exhibit C-1 (with subsequent exhibits labeled
C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer
of Agreement Funds are subject to the same terms and conditions stated in the original Agreement with
the total budgeted Agreement Funds remaining the same. The State may unilaterally exercise this option
by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted
start date of the Work phase, in a form substantially equivalent to Exhibit B.
iv. Option to Extend Agreement/Phase Term and/or modify the OMB Uniform Guidance. The State, at its
discretion, shall have the option to extend the term of this Agreement and/or update a Work Phase
Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined
in Exhibit C. Any updated version of Exhibit C shall be attached to any executed Option Letter as
Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). In order to exercise this option, the State
shall provide written notice to the Local Agency in a form substantially equivalent to Exhibit B.
F. Accounting
Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
i. Local Agency Performing the Work
If Local Agency is performing the Work, it shall document all allowable costs, including any approved
Services contributed by Local Agency or subcontractors, using payrolls, time records, invoices,
contracts, vouchers, and other applicable records.
ii. Local Agency-Checks or Draws
Checks issued or draws made by Local Agency shall be made or drawn against properly signed vouchers
detailing the purpose thereof. Local Agency shall keep on file all checks, payrolls, invoices, contracts,
vouchers, orders, and other accounting documents in the office of Local Agency, clearly identified,
readily accessible, and to the extent feasible, separate and apart from all other Work documents.
iii. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. Local Agency
shall reimburse the State for the costs of any such services from the budgeted Agreement Funds as
provided for in Exhibit C. If FHWA Agreement Funds are or become unavailable, or if Local Agency
terminates this Agreement prior to the Work being approved by the State or otherwise completed, then
all actual incurred costs of such services and assistance provided by the State shall be reimbursed to the
State by Local Agency at its sole expense.
iv. Local Agency-Invoices
Local Agency’s invoices shall describe in detail the reimbursable costs incurred by Local Agency for
which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and Local
Agency shall not submit more than one invoice per month.
v. Invoicing Within 60 Days
The State shall not be liable to reimburse Local Agency for any costs invoiced more than 60 days after
the date on which the costs were incurred, including costs included in Local Agency’s final invoice. The
State may withhold final payment to Local Agency at the State’s sole discretion until completion of final
audit. Any costs incurred by Local Agency that are not allowable under 2 C.F.R. Part 200 shall be Local
Agency’s responsibility, and the State will deduct such disallowed costs from any payments due to Local
Agency. The State will not reimburse costs for Work performed after the Performance Period End Date
for a respective Work phase. The State will not reimburse costs for Work performed prior to Performance
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Period End Date, but for which an invoice is received more than 60 days after the Performance Period
End Date.
vi. Risk Assessment & Monitoring
Pursuant to 2 C.F.R. 200.331(b), – CDOT will evaluate Local Agency’s risk of noncompliance with
federal statutes, regulations, and terms and conditions of this Agreement. Local Agency shall complete
a Risk Assessment Form (Exhibit L) when that may be requested by CDOT. The risk assessment is a
quantitative and/or qualitative determination of the potential for Local Agency’s non-compliance with
the requirements of the Federal Award. The risk assessment will evaluate some or all of the following
factors:
• Experience: Factors associated with the experience and history of the Subrecipient with the same or
similar Federal Awards or grants.
• Monitoring/Audit: Factors associated with the results of the Subrecipient’s previous audits or
monitoring visits, including those performed by the Federal Awarding Agency, when the
Subrecipient also receives direct federal funding. Include audit results if Subrecipient receives single
audit, where the specific award being assessed was selected as a major program.
• Operation: Factors associated with the significant aspects of the Subrecipient’s operations, in which
failure could impact the Subrecipient’s ability to perform and account for the contracted goods or
services.
• Financial: Factors associated with the Subrecipient’s financial stability and ability to comply with
financial requirements of the Federal Award.
• Internal Controls: Factors associated with safeguarding assets and resources, deterring and detecting
errors, fraud and theft, ensuring accuracy and completeness of accounting data, producing reliable
and timely financial and management information, and ensuring adherence to its policies and plans.
• Impact: Factors associated with the potential impact of a Subrecipient’s non-compliance to the
overall success of the program objectives.
• Program Management: Factors associated with processes to manage critical personnel, approved
written procedures, and knowledge of rules and regulations regarding federal-aid projects.
Following Local Agency’s completion of the Risk Assessment Tool (Exhibit L), CDOT will determine
the level of monitoring it will apply to Local Agency’s performance of the Work. This risk assessment
may be re-evaluated after CDOT begins performing monitoring activities.
G. Close Out
Local Agency shall close out this Award within 90 days after the Final Phase Performance End Date. If
SLFRF Funds are used the Local Agency shall close out that portion of the Award within 45 days after the
ARPA Award Expiration Date. Close out requires Local Agency’s submission to the State of all deliverables
defined in this Agreement, and Local Agency’s final reimbursement request or invoice. The State will
withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State
as substantially complete. If FHWA or US Treasury has not closed this Federal Award within one (1) year
and 90 days after the Final Phase Performance End Date due to Local Agency’s failure to submit required
documentation, then Local Agency may be prohibited from applying for new Federal Awards through the
State until such documentation is submitted and accepted.
8. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to §19 or pursuant to any exhibit, for any contract having a term
longer than 3 months, Local Agency shall submit, on a quarterly basis, a written report specifying progress
made for each specified performance measure and standard in this Agreement. Such progress report shall be
in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than ten (10) Business Days following the end of each calendar quarter or at such time
as otherwise specified by the State. If SLFRF Funds are used the report must be in the format of Exhibit P.
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B. Litigation Reporting
If Local Agency is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s principal representative identified in §16.
C. Performance and Final Status
Local Agency shall submit all financial, performance and other reports to the State no later than 60 calendar
days after the Final Phase Performance End Date or sooner termination of this Agreement, containing an
Evaluation of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder.
D. Violations Reporting
Local Agency must disclose, in a timely manner, in writing to the State and FHWA, all violations of federal
or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award.
Penalties for noncompliance may include suspension or debarment (2 CFR Part 180 and 31 U.S.C. 3321).
9. LOCAL AGENCY RECORDS
A. Maintenance
Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period
(the “Record Retention Period”) pursuant to the requirements of the funding source and for a minimum of
three (3) years following the date of submission to the State of the final expenditure report, whichever is
longer, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly
or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration
of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit
findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal
Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Local
Agency in writing that the Record Retention Period shall be extended. For records for real property and
equipment, the Record Retention Period shall extend three (3) years following final disposition of such
property.
B. Inspection
Records during the Record Retention Period. Local Agency shall make Local Agency Records available
during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon
times or locations, upon no fewer than two (2) Business Days’ notice from the State, unless the State
determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures
as determined by the State. The State shall monitor Local Agency’s performance in a manner that does not
unduly interfere with Local Agency’s performance of the Work. Local Agency shall allow the State to
perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Local Agency.
The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at
any time during the term of this Agreement. The State shall monitor Local Agency’s performance in a
manner that does not unduly interfere with Local Agency’s performance of the Work. If Local Agency enters
into a subcontract with an entity that would also be considered a Subrecipient, then the subcontract entered
into by Local Agency shall contain provisions permitting both Local Agency and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
D. Final Audit Report
Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on
Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
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by Local Agency or a third party. Additionally, if Local Agency is required to perform a single audit under
2 CFR 200.501, et seq., then Local Agency shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Local Agency shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State
Records that the State provides or makes available to Local Agency for the sole and exclusive benefit of the
State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to
disclosure by Local Agency under CORA. Local Agency shall not, without prior written approval of the
State, use for Local Agency’s own benefit, publish, copy, or otherwise disclose to any third party, or permit
the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise
stated in this Agreement. Local Agency shall provide for the security of all State Confidential Information
in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable
laws, rules, policies, publications, and guidelines. Local Agency shall immediately forward any request or
demand for State Records to the State’s principal representative. If Local Agency or any of its Subcontractors
will or may receive the following types of data, Local Agency or its Subcontractors shall provide for the
security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information
attached to this Award as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard
from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security
Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and
the HIPAA Business Associate Agreement attached to this Award, if applicable. Local Agency shall
immediately forward any request or demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary
to perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Local
Agency shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements
with provisions at least as protective as those in this Agreement, and that the nondisclosure agreements are
in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Local Agency shall provide copies of those signed nondisclosure agreements to the State upon
request.
C. Use, Security, and Retention
Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information wherever located. Local
Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for
purposes of inspecting and monitoring access and use of State Confidential Information and evaluating
security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall
return State Records provided to Local Agency or destroy such State Records and certify to the State that it
has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or
destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of,
and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Local Agency becomes aware of any Incident, it shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Local Agency can establish that none of Local Agency or any of its agents, employees, assigns,
or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Local Agency shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
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may include, but is not limited to, developing, and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding Personally Identifying Information “PII”
If Local Agency or any of its Subcontracts will or may receive PII under this agreement, Local Agency shall
provide for the security for such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Local Agency shall be a “Third Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq.,
C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to,
Contractor’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the
purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration
enforcement. If Contractor is given direct access to any State databases containing PII, Contractor shall
execute, on behalf of itself and its employees, the certification attached hereto as Exhibit S on an annual
basis Contractor’s duty and obligation to certify as set forth in Exhibit S shall continue as long as Contractor
has direct access to any State databases containing PII. If Contractor uses any Subcontractors to perform
services requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the
Subcontractor has access to State databases containing PII.
11. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Local Agency shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of
interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
Officers, employees, and agents of Local Agency may neither solicit nor accept gratuities, favors or anything
of monetary value from contractors or parties to subcontracts.
B. Apparent Conflicts of Interest
Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Local Agency’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the
appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting
forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or
to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this
Agreement.
12. INSURANCE
Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies with an AM Best
rating of A-VIII or better.
A. Local Agency Insurance
Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this Agreement such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA.
B. Subcontractor Requirements
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Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA,
maintains at all times during the terms of this Agreement, such liability insurance, by commercial policy or
self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall
ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all
times during the terms of this Agreement all of the following insurance policies:
i. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all Local Agency or Subcontractor employees acting within the course and scope of their
employment.
ii. General Liability
Commercial general liability insurance written on an Insurance Services Office occurrence form,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any 1 fire.
iii. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
iv. Protected Information (this insurance requirement only applies if the Subcontractor has or will have
access to State Confidential Information)
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
v. Professional Liability Insurance (this insurance requirement only applies if the Subcontractor is
providing professional services including but not limited to engineering, architectural, landscape
architectural, professional surveying, industrial hygiene services, or any other commonly understood
professional service)
Professional liability insurance covering any damages caused by an error, omission or any negligent act
with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vi. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
vii. Cyber/Network Security and Privacy Liability
Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach
management exposure, and any loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right
to privacy rights through improper use or disclosure of protected consumer data protection law,
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confidentiality or other legal protection for personal information, as well as State Confidential
Information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Local
Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier
shall provide at least 10 days prior written notice to CDOT.
D. Primacy of Coverage
Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Local Agency or the State.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except
for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency
and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local
Agency’s receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation
to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under
subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers,
agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall
provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement
within seven (7) Business Days following the Effective Date. Local Agency shall provide to the State
certificates evidencing Subcontractor insurance coverage required under this Agreement within seven (7)
Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of
the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance
coverage required under this Agreement within seven (7) Business Days following Local Agency’s execution
of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s
coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage.
At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within
seven (7) Business Days following the request by the State, supply to the State evidence satisfactory to the
State of compliance with the provisions of this §12.
13. BREACH
A. Defined
The failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part
or in a timely or satisfactory manner, shall be a breach. The institution of proceedings under any bankruptcy,
insolvency, reorganization, or similar law, by or against Local Agency, or the appointment of a receiver or
similar officer for Local Agency or any of its property, which is not vacated or fully stayed within 30 days
after the institution of such proceeding, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, the aggrieved Party shall give written notice of breach to the other Party. If the
notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice,
the Party may exercise any of the remedies as described in §14 for that Party. Notwithstanding any provision
of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and
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may immediately terminate this Agreement in whole or in part or institute any other remedy in the Agreement
in order to protect the public interest of the State.
14. REMEDIES
A. State’s Remedies
If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §13.B, shall have all of the remedies listed in this §14.A. in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any
part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not
terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Local Agency shall not incur further obligations
or render further performance past the effective date of such notice and shall terminate outstanding
orders and subcontracts with third parties. However, Local Agency shall complete and deliver to the
State all Work not canceled by the termination notice and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State
all of Local Agency's rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Local Agency shall take timely, reasonable, and necessary action to protect and
preserve property in the possession of Local Agency but in which the State has an interest. At the
State’s request, Local Agency shall return materials owned by the State in Local Agency’s
possession at the time of any termination. Local Agency shall deliver all completed Work Product
and all Work Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Local
Agency was not in breach or that Local Agency's action or inaction was excusable, such termination
shall be treated as a termination in the public interest, and the rights and obligations of the Parties
shall be as if this Agreement had been terminated in the public interest under §2.C.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the
State for any damages sustained by the State in connection with any breach by Local Agency, and
the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages
until such time as the exact amount of damages due to the State from Local Agency is determined.
The State may withhold any amount that may be due Local Agency as the State deems necessary to
protect the State against loss including, without limitation, loss as a result of outstanding liens and
excess costs incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Local Agency’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Local Agency to an adjustment in price
or cost or an adjustment in the performance schedule. Local Agency shall promptly cease
performing Work and incurring costs in accordance with the State’s directive, and the State shall
not be liable for costs incurred by Local Agency after the suspension of performance.
b. Withhold Payment
Withhold payment to Local Agency until Local Agency corrects its Work.
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c. Deny Payment
Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot
be performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal from the Work of any of Local Agency’s employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by
the State to be contrary to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes a patent, copyright, trademark, trade secret, or other intellectual property right,
Local Agency shall, as approved by the State (a) secure that right to use such Work for the State or
Local Agency; (b) replace the Work with non infringing Work or modify the Work so that it
becomes non infringing; or, (c) remove any infringing Work and refund the amount paid for such
Work to the State.
B. Local Agency’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency,
following the notice and cure period in §13.B and the dispute resolution process in §15 shall have all remedies
available at law and equity.
15. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Local
Agency for resolution.
B. Resolution of Controversies
If the initial resolution described in §15.A fails to resolve the dispute within 10 Business Days, Contractor
shall submit any alleged breach of this Contract by the State to the Procurement Official of CDOT as
described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109, 24-
109-101.1, 24-109-101.5, 24-109-106, 24-109-107, 24-109-201 through 24-109-206, and 24-109-501
through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any
decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the executive
director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes
before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this
Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations.
C. Questions of Fact
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department
of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar
days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes
to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal
proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence
in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently
with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of
the Executive Director or his duly authorized representative for the determination of such appeals shall be
final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of
questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall
be construed as making final the decision of any administrative official, representative, or board on a question
of law.
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16. NOTICES AND REPRESENTATIVES
Each individual identified below shall be the principal representative of the designating Party. All notices required
or permitted to be given under this Agreement shall be in writing and shall be delivered (i) by hand with receipt
required, (ii) by certified or registered mail to such Party’s principal representative at the address set forth below
or (iii) as an email with read receipt requested to the principal representative at the email address, if any, set forth
below. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party
has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand
with receipt required or by certified or registered mail to such Party’s principal representative at the address set
forth below. Either Party may change its principal representative or principal representative contact information
by notice submitted in accordance with this §16 without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
For the State
Colorado Department of Transportation (CDOT)
Cristobal Abbud, PM
CDOT
2829 W Howard Pl
Denver, CO 80204
303-512-4134
cristobal.abbudgarcia@state.co.us
For the Local Agency
CITY OF WHEAT RIDGE
Daniel Martinez, PM
11220 W 45th Ave
Wheat Ridge, CO 80033
303-235-2863
dmartinez@wheatridge.gov
yyyyyyy 17. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Local Agency hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and
otherwise exploit all intellectual property created by Local Agency or any Subcontractors. Local Agency
assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of
action, either in law or in equity, for past, present, or future infringement of intellectual property rights related
to the Work Product and all works based on, derived from, or incorporating the Work Product. Whether or
not Local Agency is under contract with the State at the time, Local Agency shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire.
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be considered works
made for hire under applicable law, Local Agency hereby assigns to the State, the entire right, title, and
interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating
the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work
Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights
or similar rights with respect to the Work Product throughout the world. To the extent that Local Agency
cannot make any of the assignments required by this section, Local Agency hereby grants to the State a
perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer,
distribute, sell, and create derivative works of the Work Product and all works based upon, derived from,
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or incorporating the Work Product by all means and methods and in any format now known or invented
in the future. The State may assign and license its rights under this license.
ii. Patents
In addition, Local Agency grants to the State (and to recipients of Work Product distributed by or on
behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make,
have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify
and propagate the contents of the Work Product. Such license applies only to those patent claims
licensable by Local Agency that are necessarily infringed by the Work Product alone, or by the
combination of the Work Product with anything else used by the State.
iii. Assignments and Assistance
Whether or not the Local Agency is under Agreement with the State at the time, Local Agency shall
execute applications, assignments, and other documents, and shall render all other reasonable assistance
requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual
property rights related to the Work Product. The Parties intend the Work Product to be works made for
hire. Local Agency assigns to the State and its successors and assigns, the entire right, title, and interest
in and to all causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived from, or
incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State
software, research, reports, studies, photographs, negatives, or other documents, drawings, models, materials,
data, and information shall be the exclusive property of the State (collectively, “State Materials”). Local
Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any
purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written
consent of the State. Upon termination of this Agreement for any reason, Local Agency shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Local Agency
Local Agency retains the exclusive rights, title, and ownership to any and all pre-existing materials owned
or licensed to Local Agency including, but not limited to, all pre-existing software, licensed products,
associated source code, machine code, text images, audio and/or video, and third-party materials, delivered
by Local Agency under this Agreement, whether incorporated in a Deliverable or necessary to use a
Deliverable (collectively, “Local Agency Property”). Local Agency Property shall be licensed to the State as
set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this
Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open
source software, the license terms set forth in the applicable open source license agreement.
18. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the
provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the
State’s risk management statutes, §§24-30-1501, et seq. C.R.S. The following applies through June 30, 2022: no
term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §19 shall apply. Local Agency agrees to be governed by and comply
with the provisions of §24-106-103, §24-102-206, §24-106-106, §24-106-107 C.R.S. regarding the monitoring
of vendor performance and the reporting of contract performance information in the State’s contract management
system (“Contract Management System” or “CMS”). Local Agency’s performance shall be subject to evaluation
and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS,
and State Fiscal Rules and State Controller policies.
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20. GENERAL PROVISIONS
A. Assignment
Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement
B. Subcontracts
Local Agency shall not enter into any subcontract in connection with its obligations under this Agreement
without the prior, written approval of the State. Local Agency shall submit to the State a copy of each such
subcontract upon request by the State. All subcontracts entered into by Local Agency in connection with this
Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are
governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §20.A. all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Contract by reference.
H. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
I. Jurisdiction and Venue
All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
J. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than contract amendments, shall conform to the policies promulgated by the Colorado State Controller.
K. Statutes, Regulations, Fiscal Rules, and Other Authority.
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Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
L. Order of Precedence
In the event of a conflict or inconsistency between this Agreement and any exhibits or attachment such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
i. The provisions of the other sections of the main body of this Agreement.
ii. Exhibit N, Federal Treasury Provisions.
iii. Exhibit F, Certification for Federal-Aid Contracts.
iv. Exhibit G, Disadvantaged Business Enterprise.
v. Exhibit I, Federal-Aid Contract Provisions for Construction Contracts.
vi. Exhibit J, Additional Federal Requirements.
vii. Exhibit K, Federal Funding Accountability and Transparency Act of 2006 (FFATA) Supplemental
Federal Provisions.
viii. Exhibit L, Sample Sub-Recipient Monitoring and Risk Assessment Form.
ix. Exhibit M, Supplemental Provisions for Federal Awards Subject to The Office of Management and
Budget Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal
Awards (the “Uniform Guidance”).
x. Exhibit O, Agreement with Subrecipient of Federal Recovery Funds.
xi. Exhibit R. Applicable Federal Awards.
xii Colorado Special Provisions in the main body of this Agreement.
xiii. Exhibit A, Scope of Work.
xiv. Exhibit H, Local Agency Procedures for Consultant Services.
xv. Exhibit B, Sample Option Letter.
xvi. Exhibit C, Funding Provisions.
xvii. Exhibit P, SLFRF Subrecipient Quarterly Report.
xviii. Exhibit Q, SLFRF Reporting Modification Form.
xix. Exhibit D, Local Agency Resolution.
xx. Exhibit E, Local Agency Contract Administration Checklist.
xxi. Exhibit S, PII Certification.
xxii. Exhibit T, Checklist of Required Exhibits Dependent on Funding Source.
xxiii. Other exhibits in descending order of their attachment.
M. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of the Agreement.
N. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the
Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other
Party.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §20.C, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
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Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107 C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Local Agency shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Local Agency’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors
secure and maintain at all times during the term of their employment, agency or subcontract, all license,
certifications, permits and other authorizations required to perform their obligations in relation to this
Agreement.
T. Compliance with State and Federal Law, Regulations, and Executive Orders
Local Agency shall comply with all State and Federal law, regulations, executive orders, State and Federal
Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of
this Agreement.
U. Accessibility
i. Local Agency shall comply with and the Work Product provided under this Agreement shall be in
compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability, as established by the Governor’s Office of Information
Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Local Agency shall also comply with
all State of Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of
Colorado technology standards.
ii. Each Party agrees to be responsible for its own liability incurred as a result of its participation in and
performance under this Agreement. In the event any claim is litigated, each Party will be responsible for
its own attorneys’ fees, expenses of litigation, or other costs. No provision of this Agreement shall be
deemed or construed to be a relinquishment or waiver of any kind of the applicable limitations of liability
provided to either the Local Agency or the State by the Colorado Governmental Immunity Act, C.R.S.
§ 24-10-101, et seq. and Article XI of the Colorado Constitution. Nothing in the Agreement shall be
construed as a waiver of any provision of the State Fiscal Rules.
iii. The State may require Local Agency’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the State to attest to Local Agency’s Work Product and software
is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with
a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
V. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the state imposes such taxes on Local Agency. Local Agency shall be
solely responsible for any exemptions from the collection of excise, sales or use taxes that Local Agency may
wish to have in place in connection with this Agreement.
21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to Local Agency and Contract refers to
Agreement.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
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This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(19), then this
Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S., applicable Local Agency law, rule or regulation.
Financial obligations of the Parties payable after the current State Fiscal Year or fiscal year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not
entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes
incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (ii) provide
proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Contract. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City
and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the Parties to indemnify or hold Contractor harmless; requires
the Parties to agree to binding arbitration; limits Contractor’s liability for damages resulting from death,
bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void
ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S.
Any term included in this Contract that limits Contractor’s liability that is not void under this section shall
apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be
interpreted as being subject to any limitations of liability of this Contract.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor
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
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available at law or in equity or under this Contract, including, without limitation, immediate termination of
this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Contractor’s services and Contractor shall not employ any person having such known interests.
22.FEDERAL REQUIREMENTS
Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution of
this Agreement strictly adhere to, and comply with, all applicable federal and State laws, and their implementing
regulations, as they currently exist and may hereafter be amended. A summary of applicable federal provisions
are attached hereto as Exhibit F, Exhibit I, Exhibit J, Exhibit K, Exhibit M, Exhibit N and Exhibit O are
hereby incorporated by this reference.
23.DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Local Agency will comply with all requirements of Exhibit G and Exhibit E, Local Agency Contract
Administration Checklist, regarding DBE requirements for the Work, except that if Local Agency desires to use
its own DBE program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this
Agreement, it must submit a copy of its program’s requirements to the State for review and approval before the
execution of this Agreement. If Local Agency uses any State- approved DBE program for this Agreement, Local
Agency shall be solely responsible to defend that DBE program and its use of that program against all legal and
other challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of Local Agency’s DBE program does not waive
or modify the sole responsibility of Local Agency for use of its program.
Exhibit A - Page 1 of 1
EXHIBIT A
SCOPE OF WORK
Name of Project: TABOR STREET MULTIMODAL IMPROVEMENT
Project Number: TAP M361-015
SubAccount #: 26040
To design, acquire right-of-way, and construct bike lanes and sidewalks along Tabor
Street from 49th Avenue to the Clear Creek Trail, including preconstruction-only for a
pedestrian bridge over I-70.
By accepting funds for this Scope of Work, Local Agency acknowledges, understands,
and accepts the continuing responsibility for the safety of the traveling public after initial
acceptance of the project. Local Agency is responsible for maintaining and operating
the scope of work described in this Exhibit A constructed under this Agreement at
its own cost and expense during its useful life.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit B - Page 1 of 2
EXHIBIT B
SAMPLE IGA OPTION LETTER
Date State Fiscal Year Option Letter No.
Project Code Original Agreement #
Vendor Name:
Option to unilaterally add phasing to include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous and to update
encumbrance amount(s).
Option to unilaterally transfer funds from one phase to another phase.
Option to unilaterally add phasing to include Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous, to update
encumbrance amount(s), and to unilaterally transfer funds from one phase
to another phase.
Option to unilaterally extend the term of this Agreement and/or update a
Work Phase Performance Period and/or modify OMB Guidance.
Option A
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State
hereby exercises the option to authorize the Local Agency to add a phase
and to encumber funds for the phase based on changes in funding availability
and authorization. The total encumbrance is (or increased) by $0.00. A new
Exhibit C-1 is made part of the original Agreement and replaces Exhibit C.
Option B
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State
hereby exercises the option to transfer funds based on variance in actual
phase costs and original phase estimates. A new Exhibit C-1 is made part
of the original Agreement and replaces Exhibit C.
Option C
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State
hereby exercises the option to 1) release the Local Agency to begin a phase;
2) to encumber funds for the phase based upon changes in funding
availability and authorization; and 3) to transfer funds from phases based
on variance in actual phase costs and original phase estimates. A new
Exhibit C-1 is made part of the original Agreement and replaces Exhibit C.
Exhibit B - Page 2 of 2
Option D
In accordance with the terms of the original Agreement between the State of
Colorado, Department of Transportation and the Local Agency, the State hereby
exercises the option extend the term of this Agreement and/or update a Work
Phase Performance Period and/or modify information required under the OMB
Uniform Guidance, as outlined in Exhibit C. This is made part of the original
Agreement and replaces the Expiration Date shown on the Signature and Cover
Page. Any updated version of Exhibit C shall be attached to any executed Option
Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.).
The effective date of this option letter is upon approval of the State Controller or
delegate.
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By:
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date:
ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State
Agreements. This Agreement is not valid until signed and dated below by the
State Controller or delegate. Contractor is not authorized to begin
performance until such time. If the Local Agency begins performing prior
thereto, the State of Colorado is not obligated to pay the Local Agency for
such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Colorado Department of Transportation
Date:
Federal $ State $ LA Work (1 SA)
Exhibit C - Page 1 of 3
EXHIBIT C - FUNDING PROVISIONS
City of Wheat Ridge - TAP M361-015 (26040)
A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $14,020,365.00, which
is to be funded as follows:
1. FUNDING
a. Federal Funds
(80% of TA DRCOG Award) $1,596,000.00
b. Local Agency Funds
(20% of TA DRCOG Award) $399,000.00
c. Federal Funds
(82.79% of CMAQ Award) $8,300,000.00
d. Local Agency Funds
(17.21% of CMAQ Award) $1,725,365.00
e. State Funds
(50% of MMO Award of $4,000,000.00) $2,000,000.00
(50% of MMO Award is $2,000,000.00 of CMAQ Award)
______________________________________________________________________
TOTAL FUNDS ALL SOURCES $14,020,365.00
______________________________________________________________________
2. OMB UNIFORM GUIDANCE
a. Federal Award
Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. Local Agency Unique Entity Identifier TEAYNF4J6VC8
d. Assistance Listing #
Highway Planning and Construction ALN 20.205
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds
Obligated to Date (including this Action): $0.00
______________________________________________________________________
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $9,896,000.00
b. State Funds Budgeted $2,000,000.00
c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
______________________________________________________________________
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 84.85% $11,896,000.00
TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 15.15% $2,124,365.00
Exhibit C - Page 2 of 3
TOTAL PROJECT ESTIMATED FUNDING 100.00% $14,020,365.00
______________________________________________________________________
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount
(Federal, State + Local Agency funds) $14,020,365.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
______________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $14,020,365.00
______________________________________________________________________
Note: No funds are currently available. Design and Construction funds will become
available after execution of an Option letter (Exhibit B) or formal Amendment.
______________________________________________________________________
Design 3020
WBS Element 26040.10.30 Performance Period Start*/End Date $0.00
TBD-TBD
Const. 3301
WBS Element 26040.20.10 Performance Period Start*/End Date $0.00
TBD-TBD
______________________________________________________________________
*The Local Agency should not begin work until all three (3) of the following are in place:
1) Phase Performance Period Start Date; 2) the execution of the document encumbering
funds for the respective phase; and 3) Local Agency receipt of the official Notice to
Proceed. Any work performed before these three (3) milestones are achieved will not be
reimbursable.
B. Funding Ratios
The funding ratio for the federal funds for this Work is 84.85% federal & State funds to
15.15% Local Agency funds, and this ratio applies only to the $14,020,365.00 that is
eligible for federal & State funding. All other costs are borne by the Local Agency at
100%. If the total cost of performance of the Work exceeds $14,020,365.00, and
additional federal & State funds are not available, the Local Agency shall pay all such
excess costs. If the total cost of performance of the Work is less than $14,020,365.00,
then the amounts of Local Agency and federal & State funds will be decreased in
accordance with the funding ratio described in A1. This applies to the entire scope of
Work.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be
$11,896,000.00. For CDOT accounting purposes, the federal funds of $9,896,000.00,
State funds of $2,000,000.00 and the Local Agency funds of $2,124,365.00 will be
encumbered for a total encumbrance of $14,020,365.00, unless this amount is increased
by an executed amendment before any increased cost is incurred. The total budget of
this funding source is $14,020,365.00, unless this amount is increased by an executed
amendment before any increased cost is incurred. The total cost of the Work is the best
estimate available, based on the design data as approved at the time of execution of this
Agreement, and that any cost is subject to revisions agreed to by the parties prior to bid
and award. This applies to the entire scope of Work.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving $1,000,000 or
Exhibit C - Page 3 of 3
more from all funding sources defined as federal financial assistance for Single Audit
Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200,
subpart F (Audit Requirements). The Single Audit Act Amendment requirements
applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $1,000,000
If the Local Agency expends less than $1,000,000 in Federal funds (all federal
sources, not just Highway funds) in its fiscal year then this requirement does
not apply.
ii. Expenditure of $1,000,000 or more-Highway Funds Only
If the Local Agency expends $1,000,000 or more, in Federal funds, but only
received federal Highway funds (Catalog of Federal Domestic Assistance,
CFDA 20.205) then a program specific audit shall be performed. This audit will
examine the “financial” procedures and processes for this program area.
iii. Expenditure of $1,000,000 or more-Multiple Funding Sources
If the Local Agency expends $1,000,000 or more in Federal funds, and the
Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single
Audit Act applies, which is an audit on the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor
on staff. An audit is an allowable direct or indirect cost.
Exhibit D - Page 1 of 1
EXHIBIT D
LOCAL AGENCY RESOLUTION (IF APPLICABLE)
CDOT Form 1243 8/24 Page 1 of 10Previous editions are obsolete and may not be used.
Exhibit E
Colorado Department of Transportation
Local Agency Contract Administration Checklist
Project Number STIP Number Project Code Region
Project Location Date
Project Description
Local Agency Local Agency Project Manager
CDOT Resident Engineer CDOT Project Manager
Instructions:
This checklist shall be used to establish the contractual administrative responsibilities of the
individual parties to this agreement. The checklist becomes an attachment to the Local Agency
Agreement. Section numbers (No.)correspond to the applicable chapters of the CDOT Local
Agency Manual (formerly referred to as the Local Agency Desk Reference).Local Agency Web
Resource (LAWR)numbers correspond to the applicable flowchart in the Local Agency Web
Resource.
The checklist shall be prepared by placing an X under the responsible party, opposite each of the
tasks. The X denotes the party responsible for initiating and executing the task. It is preferred
that only one responsible party be selected, however a number of items may have both parties
selected based on judgement. When neither CDOT nor the Local Agency is responsible for a task,
not applicable (N/A) shall be marked. In addition, #will be marked to denote that CDOT must
concur or approve.
The Regions, in accordance with established policies and procedures, will determine who will
perform tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in
cooperation with the Local Agency Project Manager, and submitted to the Region Program
Engineer. If contract administration responsibilities change, the CDOT Resi dent Engineer, in
cooperation with the Local Agency Project Manager, will prepare and distribute a revised
checklist.
Note:
Failure to comply with applicable Federal and State requirements may result in the loss of Federal
or State participation in funding.
CDOT Form 1243 8/24 Page 2 of 10Previous editions are obsolete and may not be used.
Acronyms:
Colorado Department of Transportation –CDOT
Disadvantaged Business Enterprise –DBE
Colorado Department of Transportation –CDOT
Disadvantaged Business Enterprise –DBE
Equal Employment Opportunity -EEO
Federal Highway Administration –FHWA
Field Inspection Review –FIR
Final Office Review –FOR
Hot Mix Asphalt –HMA
Independent Assurance Testing -IAT
Intergovernmental Agreement –IGA
Local Agency -LA
Local Agency Web Resource –LAWR
Not Applicable –N/A
Number –No.
On-The-Job -OJT
Plans, Specifications, and Estimate –PS&E
Professional Engineer -PE
Right-of-Way –ROW
Statewide Transportation Improvement Program -STIP
Transportation Improvement Program –TIP
CDOT Form 1243 8/24 Page 3 of 10Previous editions are obsolete and may not be used.
TIP / STIP Long-Range Plans Responsible
Party
LAWR No.Description of Task LA CDOT
2.1 Review Project to ensure it is consistent with Statewide Plan and
amendments thereto
Subrecipient Monitoring Responsible
Party
LAWR No.Description of Task LA CDOT
3.1 Preparation of Subrecipient Monitoring Compliance Documents
•Subrecipient Determination Tool
•Subrecipient Risk Assessment
•Subrecipient Notification Letter
•Subrecipient Project Update Report (Formerly
“Performance Report to CDOT”)
•CDOT Monitoring Report of Subrecipients (If applicable)
Federal Funding Obligation and Authorization Responsible
Party
LAWR No.Description of Task LA CDOT
4.1 Authorize funding by phases (Requires FHWA Concurrence if
Federal-aid Highway funded project.). Please check N/A, if
Not applicable.
Project Development Responsible
Party
LAWR No.Description of Task LA CDOT
5.1
5.2
5.3
5.4
5.5
5.6
Determine Delivery Method
1
2
3,3A
3,6
Prepare Design Data –CDOT Form 463
Prepare Local Agency/CDOT Inter-Governmental Agreement (see
also Chapter 3)
Conduct Consultant Selection/Execute Consultant Agreement
•Project Development
•Construction Contract Administration (including Fabrication
Inspection Services)
Conduct Design Scoping Review Meeting
Conduct Public Involvement
CDOT Form 1243 8/24 Page 4 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.LA CDOT
3
4
5
3
3
3A
3B
3
3
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.18
5.19
5.20
5.21
5.22
5.23
Description of Task
Conduct Field Inspection Review (FIR)
Conduct Environmental Process (may require FHWA concurrence
/involvement)
Acquire Right-of-Way (may require FHWA concurrence
/involvement)
Obtain Utility and Railroad Agreements
Conduct Final Office Review (FOR)
Justify Force Account Work by the Local Agency
Justify Proprietary, Sole Source, or Local Agency Furnished Items
Document Design Exceptions – CDOT Form 464
Seek Permission for use of Guaranty and Warranty Clauses
Prepare Plans, Specifications, Construction Cost Estimates and
Submittals
Comply with Requirements for Off-and On-System Bridges &
Other Structural Work
Update Approvals on PS&E Package if Project Schedule Delayed
Ensure Authorization of Funds for Construction
Use Electronic Signatures
File Project Development Records/Documentation in ProjectWise
(PW)
Project Development Civil Rights and Labor Compliance Responsible
Party
LAWR No.Description of Task LA CDOT
3 6.1
6.2
Set Disadvantaged Business Enterprise (DBE)Goals for Consultant
and Construction Contracts (CDOT Region Civil Rights Office)
Determine Applicability of Davis-Bacon Act
This project is is not exempt from Davis-Bacon
Requirements as determined by the functional classification of
the project location (Projects located on local roads and rural
minor collectors may be exempt.)
CDOT Design Project Manager Date
CDOT Form 1243 8/24 Page 5 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
6.3
6.4
6.5
3 6.6
6,7
Set On-the-Job Training Goals (CDOT Region Civil Rights Office)
“NA”, if Not Applicable
Enforce Prompt Payment Requirements
Use Electronic Tracking and Submission Systems
B2Gnow LCPTracker
Prepare/submit Title VI Plan and Incorporate Title VI Assurances
Ensure the correct Federal Wage Decision, all required
Disadvantaged Business Enterprise/On-the-Job Training Special
provisions and FHWA Form 1273 are included in the Contract
(CDOT Resident Engineer)
Advertise, Bid and Award of Construction Projects Responsible
Party
Federal Project (use 7.1 series in Chapter 7)
Non-Federal Project (Use 7.2 series in Chapter 7)
LAWR No.Description of Task LA CDOT
6,7
7
7
7
7
7
7
7,8
8
Obtain Approval for Advertisement Period of Less Than Three
Weeks
Advertise for Bids
Concurrence to Advertise
Distribute “Advertisement Set” of Plans and Specifications
Review Worksite & Plan Details w/ Prospective Bidders While
Project is Under Advertisement
Open Bids
Process Bids for Compliance
Check CDOT Form 1415 –Commitment Confirmation when the
Low bidder meets DBE goals. (“N/A” if Not Applicable)
Evaluate CDOT Form 1416 –Good Faith Effort Report and
determine if the Contractor has made a good faith effort when
the low bidder does not meet DBE goals. (“N/A” if Not Applicable)
Submit required documentation for CDOT award concurrence
Concurrence from CDOT to Award
Approve Rejection of Low Bidder
Award Contract (Federal)
Provide “Award” and “Record” Sets of Plans and Specifications
(Federal)
CDOT Form 1243 8/24 Page 6 of 10Previous editions are obsolete and may not be used.
Construction Management Responsible
Party
LAWR No.Description of Task LA CDOT
8
8
8
8
8 8.4
9 8.5
Intro
8.1
8.2
8.3
File Project Construction Records/Documentation in PW or as Directed
Issue Notice to Proceed to the Contractor
Project Safety
Conduct Conferences
•Preconstruction Conference (Appendix B)
o Fabrication Inspection Notifications (Structures)
•Pre-Survey
o Construction Staking
o Monumentation
•Partnering (Optional)
•Structural Concrete Pre-Pour (Agenda is in the CDOT
Construction Manual)
•Concrete Pavement Pre-Paving (Agenda is in the CDOT
Construction Manual)
•HMA Pre-Paving (Agenda is in the CDOT Construction Manual)
Develop and distribute Public Notice of Planned Construction to
media and local residents
Supervise Construction
A Professional Engineer (PE) registered in Colorado, who will be
“in responsible charge of construction supervision”
Local Agency Professional Engineer or
CDOT Design Project Manager Phone Number
Provide competent, experienced staff who will ensure the
Contract work is constructed in accordance with the plans
and specifications
Construction inspection and documentation (including
Projects with structures)
Fabrication Inspection and Documentation
9 8.6
9 8.7
9 8.8
9 8.9
Review and Approve Shop Drawings
Perform Traffic Control Inspections
Perform Construction Surveying
Monument Right-of-Way
CDOT Form 1243 8/24 Page 7 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
9,9A 8.10
9 8.11
9B 8.12
9B 8.13
9A 8.14
9 8.15
9 8.16
9 8.17
8.18
9 8.19
Prepare and Approve Interim and Final Contractor Pay Estimates.
Collect and review CDOT Form 1418 (or equivalent) or use
compliance software system.
Provide the name and phone number of the person authorized for
this task.
Local Agency Representative Phone Number
Prepare and Approve Interim and Final Utility and Railroad Billings
Prepare and Authorize Change Orders
Submit Change Order Package to CDOT
Prepare Local Agency Reimbursement Requests
Monitor Project Financial Status
Prepare and Submit Monthly Progress Reports
Resolve Contractor Claims and Disputes
Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible
for this task.
CDOT Construction Project Manager Email
Ongoing Oversight of DBE Participation
Materials Responsible
Party
LAWR No.Description of Task LA CDOT
9,9C 9.1 Discuss Materials at Pre-Construction Meeting
•Buy America documentation required prior to Installation of
steel
•Buy America, Build America documentation required prior to
installation of materials
CDOT Form 1243 8/24 Page 8 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
9,9C 9.2
9C 9.3
9C 9.4
9C 9.6
9C 9.6
9C 9.7
9C 9.8
9C 9.9
9C 9.10
Complete CDOT Form 250 –Materials Documentation Record
•Generate form, which includes determining the Minimum
number of required tests and applicable Material submittals
for all materials placed on the project
•Update the form as work progresses
•Complete and distribute form after work is completed
Perform Project Acceptance Samples and Tests
Perform Laboratory Acceptance Tests
Accept Manufactured Products
Inspection of structural components:
•Fabrication of structural steel and pre-stressed concrete
structural components
•Bridge modular expansion devices (0” to 6” or greater)
•Fabrication of bearing devices
Approve Sources of Materials
Independent Assurance Testing (IAT)
Local Agency Procedures CDOT Procedures
•Generate IAT schedule
•Schedule and provide notification
•Conduct IAT
Approve mix designs
•Concrete
•Hot Mix Asphalt
Check Final Materials Documentation
Complete and Distribute Final Materials Documentation
Construction Civil Rights and Labor Compliance Responsible
Party
LAWR No.Description of Task LA CDOT
9 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet
Requirements
CDOT Form 1243 8/24 Page 9 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
8,9 10.2
9 10.3
9 10.4
9 10.5
9 10.6
9 10.7
10.8
Process CDOT Form 205 –Sublet Permit Application and CDOT
Form 1425 –Supplier Application Approval Request. Review &
sign completed forms, or review/approve in compliance software
system, as applicable, & submit to Region Civil Rights Office.
Conduct Equal Employment Opportunity and Labor Compliance
Verification Employee Interviews. Complete CDOT Form 280
Monitor Disadvantaged Business Enterprise Participation to Ensure
Compliance with the “Commercially Useful Function”
Requirements.
Conduct Interviews when Project Utilizes On-the-Job Trainees.
•Complete CDOT Form 1337 –Contractor Commitment to Meet
OJT Requirements.
•Complete CDOT Form 838 –OJT Trainee / Apprentice Record.
•Complete CDOT Form 200 –OJT Training Questionnaire.
Check Certified Payrolls (Contact the Region Civil Rights Office
for training requirements)
Submit FHWA Form 1391 –Highway Construction Contractor’s
Annual EEO Report
Contract Compliance and Project Site Reviews
Finals Responsible
Party
LAWR No.Description of Task LA CDOT
11.1
10 11.2
10 11.3
11 11.4
11 11.5
11 11.6
11 11.7
11.8
11.9
Conduct Final Project Inspection & Final Inspection of
Structures, if applicable
Write Final Project Acceptance Letter
Advertise for Final Settlement
Prepare and Distribute Final As-Constructed Plans
Prepare EEO Certification and Collect EEO Forms
Check Final Quantities, Plans, and Pay Estimate; Check Project
Documentation; and submit Final Certifications
Check Material Documentation and Accept Final Material
Certification (See Chapter 9)
Review CDOT Form 1419
Submit CDOT Professional Services Closeout Report Form
CDOT Form 1243 8/24 Page 10 of 10Previous editions are obsolete and may not be used.
Responsible
Party
LAWR No.Description of Task LA CDOT
11.10
11 11.11
11.12
11.13
11 11.14
11 11.15
Complete and Submit CDOT Form 1212 LA –Final Acceptance
Report (by CDOT)
Process Final Payment
Close out Local Project
Complete and Submit CDOT Form 950 –Project Closure
Retain Project Records
Retain Final Version of Local Agency Contract Administration
Checklist
Cc:CDOT Resident Engineer/Project Manager CDOT Region Materials Engineer
CDOT Region Program Engineer CDOT Contracts and Market Analysis Branch
CDOT Region Civil Rights Office Local Agency Project Manager
EXHIBIT F
CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best
of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, Agreement, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an
officer of Congress, or an employee of a Member of Congress in
connection with this Federal contract, Agreement, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or
proposal that he or she shall require that the language of this
certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such sub- recipients shall certify and disclose
accordingly.
Exhibit F - Page 1 of 1
Exhibit G- Page 1 of 1
EXHIBIT G
DISADVANTAGED BUSINESS ENTERPRISES
SECTION 1. Policy
It is the policy of the Colorado Department of Transportation (CDOT) that Disadvantaged
Business Enterprises (DBEs) shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds under this
agreement, pursuant to 49 CFR Part 26. Accordingly, CDOT’s federally approved DBE
Program Plan shall apply to this agreement.
SECTION 2. Subrecipient and Participant Obligation.
The Local Agency and its subrecipients agrees to ensure that DBEs certified through the
Colorado Unified Certification Program have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part with Federal
funds provided under this agreement.
All participants on contracts and subcontracts financed in whole or in part with Federal
funds provided under this Agreement shall take all necessary and reasonable steps in
accordance with the CDOT’s federally approved DBE Program Plan to ensure that DBEs
have the maximum opportunity to compete for and perform contracts.
Local Agency subrecipients and their contractors shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of CDOT and federally
assisted contracts.
SECTION 3. DBE Program.
The Local Agency subrecipient shall be responsible for complying with CDOT’s FHWA-
approved DBE Program Plan.
Local Agency requirements can be found at:
https://www.codot.gov/business/civilrights
Exhibit H - Page 1 of 3
EXHIBIT H
LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded Local
Agency project agreement administered by CDOT that involves professional consultant
services. 23 CFR 172.1 states “The policies and procedures involve federally funded
contracts for engineering and design related services for projects subject to the provisions
of 23 U.S.C. 112(a) and are issued to ensure that a qualified consultant is obtained
through an equitable selection process, that prescribed work is properly accomplished in
a timely manner, and at fair and reasonable cost” and according to 23 CFR 172.7
“Procurement methods and procedures shall not be used as a factor in the evaluation,
ranking, and selection phase.” Therefore, local agencies must comply with these CFR
requirements when obtaining professional consultant services under a federally funded
consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related
manual titled "Obtaining Professional Consultant Services". This directive and manual
incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and
CRS §24-30-1401 et seq. Copies of the directive and the manual may be obtained upon
request from CDOT's Engineering Contract Services Unit. [Local agencies should have
their own written procedures on file for each method of procurement that addresses the
items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the manual
are quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures
that a Local Agency must follow in obtaining professional consultant services. This
guidance follows the format of 23 CFR 172. The steps are:
1. The contracting Local Agency shall document the need for obtaining
professional services.
2. Prior to solicitation for consultant services, the contracting Local Agency
shall develop a detailed scope of work and a list of evaluation factors and
their relative importance. The evaluation factors are those identified in
C.R.S. 24-30-1403. Also, a detailed cost estimate should be prepared for
use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the
requirements of C.R.S. 24-30- 1405. The public notice period, when such
notice is required, is a minimum of 15 days prior to the selection of the three
most qualified firms and the advertising should be done in one or more daily
newspapers of general circulation.
4. The Local Agency shall not advertise any federal aid contract without prior
review by the CDOT Regional Civil Rights Office (RCRO) to determine
whether the contract shall be subject to a DBE contract goal. If the RCRO
determines a goal is necessary, then the Local Agency shall include the
goal and the applicable provisions within the advertisement. The Local
Agency shall not award a contract to any Contractor or Consultant without
Exhibit H - Page 2 of 3
the confirmation by the CDOT Civil Rights and Business Resource Center
that the Contractor or Consultant has demonstrated good faith efforts. The
Local Agency shall work with the CDOT RCRO to ensure compliance with
the established terms during the performance of the contract.
5. The Local Agency shall require that all contractors pay subcontractors for
satisfactory performance of work no later than 30 days after the receipt of
payment for that work from the contractor. For construction projects, this time
period shall be reduced to seven days in accordance with Colorado Revised
Statute 24-91-103(2). If the Local Agency withholds retainage from
contractors and/or allows contractors to withhold retainage from
subcontractors, such retainage provisions must comply with 49 CFR 26.29.
6. Payments to all Subconsultants shall be made within thirty days of receipt
of payment from [the Local Agency] or no later than ninety days from the
date of the submission of a complete invoice from the Subconsultant,
whichever occurs first. If the Consultant has good cause to dispute an
amount invoiced by a Subconsultant, the Consultant shall notify [the Local
Agency] no later than the required date for payment. Such notification shall
include the amount disputed and justification for the withholding. The
Consultant shall maintain records of payment that show amounts paid to all
Subconsultants. Good cause does not include the Consultant’s failure to
submit an invoice to the Local Agency or to deposit payments made.
7. The analysis and selection of the consultants shall be done in accordance with
CRS §24-30-1403. This section of the regulation identifies the criteria to be
used in the evaluation of CDOT pre-qualified prime consultants and their
team. It also shows which criteria are used to short-list and to make a final
selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the Work,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional
services.
Evaluation factors for final selection are the Consultant's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
Exhibit H - Page 3 of 3
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
8. Once a consultant is selected, the Local Agency enters into negotiations with
the consultant to obtain a fair and reasonable price for the anticipated work.
Pre-negotiation audits are prepared for contracts expected to be greater
than $50,000. Federal reimbursements for costs are limited to those costs
allowable under the cost principles of 48 CFR 31. Fixed fees (profit) are
determined with consideration given to size, complexity, duration, and
degree of risk involved in the work. Profits are in the range of six (6) to 15
percent of the total direct and indirect costs.
9. A qualified Local Agency employee shall be responsible and in charge of the
Work to ensure that the work being pursued is complete, accurate, and
consistent with the terms, conditions, and specifications of the contract. At
the end of Work, the Local Agency prepares a performance evaluation (a
CDOT form is available) on the consultant.
CRS §§24-30-1401 THROUGH 24-30-1408, 23 CFR PART 172, AND P.D. 400.1,
PROVIDE ADDITIONAL DETAILS FOR COMPLYING WITH THE PRECEEDING NINE
(9) STEPS.
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
Exhibit I- Page 1 of 14
EXHIBIT I
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2.EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4.Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c.The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
Exhibit I- Page 2 of 14
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6.Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c.The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c.The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b.The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c.The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
Exhibit I- Page 3 of 14
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a.Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b.Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
Exhibit I- Page 4 of 14
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c.Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d.Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e.Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f.Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a.Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b.Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
Exhibit I- Page 5 of 14
2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
(2) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(i) That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper
and apprentice) working on the contract during the payroll
period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
Exhibit I- Page 6 of 14
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent
must be an original handwritten signature or a legally valid
electronic signature.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
(2) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
Exhibit I- Page 7 of 14
the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
Exhibit I- Page 8 of 14
mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
Exhibit I- Page 9 of 14
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
Exhibit I- Page 10 of 14
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
Exhibit I- Page 11 of 14
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
* * * * *
3.Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
Exhibit I- Page 12 of 14
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
Exhibit I- Page 13 of 14
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Exhibit I- Page 14 of 14
Exhibit J - Page 1 of 11
EXHIBIT J
ADDITIONAL FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded
in excess of $10,000 by the Local Agencies and their contractors or the Local Agencies).
Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or
repair).
Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the
Local Agencies and the Local Agencies when required by Federal Agreement program
legislation. This act requires that all laborers and mechanics employed by contractors or
sub-contractors to work on construction projects financed by federal assistance must be paid
wages not less than those established for the locality of the project by the Secretary of
Labor).
Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by the Local Agency’s in excess of $2,000, and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers).
Clean Air Act
Standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
sub-Agreements of amounts more than $100,000).
Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (Pub. L. 94-163).
Uniform Guidance
Office of Management and Budget Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (Title 2 Code of the Federal Regulations Part
200), which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122,
OMB Circulars A-89, A-102, and A- 133, and the guidance in Circular A-50 on Single
Audit Act follow-up. The terms and conditions of the Uniform Guidance flow down to
Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person
or organization involved in the administration of federally assisted programs.
Exhibit J - Page 2 of 11
Nondiscrimination
The Local Agency shall not exclude from participation in, deny the benefits of, or subject
to discrimination any person in the United States on the ground of race, color national origin,
sex, age or disability. Prior to the receipt of any Federal financial assistance from CDOT, the
Local Agency shall execute the attached Standard DOT Title VI assurance. As appropriate,
the Local Agency shall include Appendix A, B, or C to the Standard DOT Title VI assurance
in any contract utilizing federal funds, land, or other aid. The Local Agency shall also include
the following in all contract advertisements:
The [Local Agency], in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (79 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure
that any contract entered into pursuant to this advertisement, DBEs will be
afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for any award.
ADA
In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall
require the federal- aid recipient or contractor to provide a statement of written assurance
that they will comply with Section 504and not discriminate on the basis of disability.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91- 646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the
contractor is acquiring real property and displacing households or businesses in the
performance of the Agreement).
Drug-Free Workplace Act The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.). Age Discrimination Act of 1975 The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing regulation, 45
C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended,
and implementing regulation 45 C.F.R. Part 84.23 C.F.R. Part 172 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts". 23 C.F.R Part 633 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction Contracts". 23 C.F.R. Part 635 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973.
The requirements for which are shown in the Nondiscrimination Provisions, which are
attached hereto and made a part hereof.
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of
the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees, and
successors in interest, agree as follows:
i.Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation
relative to nondiscrimination in Federally assisted programs of the Department of
Exhibit J - Page 3 of 11
Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to
as the "Regulations"), which are herein incorporated by reference and made a part of
this Agreement.
ii.Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to
completion of the contract work, will not discriminate on the ground of race, color,
sex, mental or physical handicap or national origin in the selection and retention of
Subcontractors, including procurement of materials and leases of equipment. The
Contractor will not participate either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations, including employment practices when
the contract covers a program set forth in Appendix C of the Regulations.
iii.Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor
for work to be performed under a subcontract, including procurement of materials or
equipment, each potential Subcontractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or
national origin.
iv.Information and Reports
The Contractor will provide all information and reports required by the Regulations,
or orders and instructions issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined
by the State or the FHWA to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of the
Contractor is in the exclusive possession of another who fails or refuses to furnish
this information, the Contractor shall so certify to the State, or the FHWA as
appropriate and shall set forth what efforts have been made to obtain the information.
v.Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions
of this Agreement, the State shall impose such contract sanctions as it or the FHWA
may determine to be appropriate, including, but not limited to: a. Withholding of
payments to the Contractor under the contract until the Contractor complies, and/or
b.Cancellation, termination or suspension of the contract, in whole or in part.
Incorporation of Provisions §22
The Contractor will include the provisions of this Exhibit J in every subcontract, including
procurement of materials and leases of equipment, unless exempt by the Regulations, orders,
or instructions issued pursuant thereto. The Contractor will take such action with respect to
any subcontract or procurement as the State or the FHWA may direct as a means of enforcing
such provisions including sanctions for noncompliance; provided, however, that, in the event
the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or
supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the
FHWA to enter into such litigation to protect the interests of the United States.
Exhibit J - Page 4 of 11
Assurances for Local Agencies
DOT Order No. 1050.2A
The [Local Agency] (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving
any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Colorado Department
of Transportation and the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and
Federal Aviation Administration (FAA), is subject to and will comply with the following:
Statutory/Regulatory Authorities
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin);
•49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of
Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964);
•28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights
Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or
guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or
activity, "for which the Recipient receives Federal financial assistance from DOT, including the FHWA, FTA,
or FAA.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other
Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of
1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and
requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally
assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following
Assurances with respect to its Federally assisted FHWA, FTA, and FAA assisted programs:
1.The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of
49 C.F.R. § 21 will be (with regard to an "activity") facilitated or will be (with regard to a "facility") operated or
will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to
the Acts and the Regulations.
2.The Recipient will insert the following notification in all solicitations for bids, Requests for Proposals for work,
or material subject to the Acts and the Regulations made in connection with all FHWA, FTA and FAA programs
and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
3."The [Local Agency] in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will
be afforded full and fair opportunity
SAMPLE
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Exhibit J - Page 5 of 11
4.to submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, or national origin in consideration for an award."
5.The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement
subject to the Acts and the Regulations.
6.The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land,
in any deed from the United States effecting or recording a transfer of real property, structures, use, or
improvements thereon or interest therein to a Recipient.
7.That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility,
the Assurance will extend to the entire facility and facilities operated in connection therewith.
8.That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real
property or an interest in real property, the Assurance will extend to rights to space on, over, or under such
property.
9.That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a
covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered
into by the Recipient with other parties:
a.for the subsequent transfer of real property acquired or improved under the applicable activity, project,
or program; and
b.for the construction or use of, or access to, space on, over, or under real property acquired or improved
under the applicable activity, project, or program.
10.That this Assurance obligates the Recipient for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is in the form of,
personal property, or real property, or interest therein, or structures or improvements thereon, in which case
the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a.the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or
b.the period during which the Recipient retains ownership or possession of the property.
11.The Recipient will provide for such methods of administration for the program as are found by the Secretary
of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee
that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees,
successors in interest, and other participants of Federal financial assistance under such program will comply
with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
12.The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the [Local Agency] also agrees to comply (and require any sub-recipients, sub-
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing
the FHWA, FTA, and FAA’s access to records, accounts, documents, information, facilities, and staff. You also
recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted
by CDOT, FHWA, FTA, or FAA. You must keep records, reports, and submit the material for review
Exhibit J - Page 6 of 11
upon request to CDOT, FHWA, FTA, or FAA, or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed
in program guidance.
[Local Agency] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts,
agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date
hereof to the recipients by the U.S. Department of Transportation under the FHWA, FTA, and FAA. This ASSURANCE
is binding on [Local Agency], other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the FHWA, FTA, and FAA funded
programs. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient.
(Name of Recipient)
by
(Signature of Authorized Official)
DATED
Exhibit J - Page 7 of 11
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "contractor") agrees as follows:
1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, FHWA, as they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4.Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the [Local Agency], CDOT or FHWA to be
pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the contractor will so certify to the [Local Agency], CDOT or FHWA, as appropriate, and will
set forth what efforts it has made to obtain the information.
5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination
provisions of this contract, the [Local Agency] will impose such contract sanctions as it, CDOT or FHWA
may determine to be appropriate, including, but not limited to:
a.withholding payments to the contractor under the contract until the contractor complies; and/or
b.cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the [Local Agency], CDOT or FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Exhibit J - Page 8 of 11
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or
improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the
[Local Agency] will accept title to the lands and maintain the project constructed thereon in accordance with (Name of
Appropriate Legislative Authority), the Regulations for the Administration of (Name of Appropriate Program), and
the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in
compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the [Local
Agency] all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit
A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto [Local Agency] and its successors forever, subject,
however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in
effect for the period during which the real property or structures are used for a purpose for which Federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding
on the [Local Agency] its successors and assigns.
The [Local Agency], in consideration of the conveyance of said lands and interests in lands, does hereby covenant and
agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,]
[and]* (2) that the [Local Agency] will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the
U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and
Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions,
the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land
and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation
and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear
the purpose of Title VI.)
Exhibit J - Page 9 of 11
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the
[Local Agency] pursuant to the provisions of Assurance 7(a):
A.The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the
case of deeds and leases add "as a covenant running with the land"] that:
1.In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,
license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or
program is extended or for another purpose involving the provision of similar services or benefits, the (grantee,
licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all
requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds
of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
B.With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-discrimination
covenants, [Local Agency] will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter,
and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never
been made or issued. *
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the [Local Agency]
will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities
will there upon revert to and vest in and become the absolute property of the [Local Agency] and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
Exhibit J - Page 10 of 11
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by
[Local Agency] pursuant to the provisions of Assurance 7(b):
A.The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the
case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under
such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will
be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed
by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B.With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination
covenants, [Local Agency] will have the right to terminate the (license, permit, etc., as appropriate) and to enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as
appropriate) had never been made or issued. *
C.With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, [Local Agency]
will there upon revert to and vest in and become the absolute property of [Local Agency] of Transportation and its
assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make
clear the purpose of Title VI.)
Exhibit J - Page 11 of 11
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601),(prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
•Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation,and certain testing entities (42
U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations
at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
EXHIBIT K
FFATA SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA),
As Amended
Revised as of 11-12-2020
The contract, grant, or purchase order to which these Supplemental Provisions
are attached has been funded, in whole or in part, with an Award of Federal
funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any attachments or exhibits
incorporated into and made a part of the contract, the provisions of these
Supplemental Provisions shall control.
1.Definitions. For the purposes of these Supplemental Provisions, the
following terms shall have the meanings ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-
Federal Entity receives or administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative
research and development agreements (CRDA) pursuant to
the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the
expenditure of Federal funds by non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of
money;
1.1.13. A transfer of title to Federally-owned property provided in
lieu of money; even if the award is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery
funds, as defined in section 1512 of the American
Recovery and Reinvestment Act (ARRA) of 2009 (Public
Law 111-5).
Exhibit K - Page 1 of 6
1.2. “Contract” means the contract to which these Supplemental
Provisions are attached and includes all Award types in §1.1.1 through
1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in
whole or in part, with Federal financial assistance, other than the Prime
Recipient, and includes grantees, subgrantees, Subrecipients, and
borrowers. For purposes of Transparency Act reporting, Contractor
does not include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the
nine-digit number established and assigned by Dun and Bradstreet,
Inc. to uniquely identify a business entity. Dun and Bradstreet’s
website may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart
C;
1.5.1. A governmental organization, which is a State, local
government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity.
1.6. “Executive” means an officer, managing partner or any other employee
in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award
number assigned by a Federal agency to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109- 282), as amended by
§6202 of Public Law 110-252. FFATA, as amended, also is referred
to as the “Transparency Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of
higher education that receives an Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime
Recipient of Award funds awards all or a portion of such funds to a
Subrecipient, in exchange for the Subrecipient’s support in the
performance of all or any portion of the substantive project or program
for which the Award was granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency
under an Award or Subaward to a non- Federal Entity) receiving
Federal funds through a Prime Recipient to support the performance of
the Federal project or program for which the Federal funds were
awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance
requirements. The term “Subrecipient” includes and may be referred
to as Subgrantee.
Exhibit K - Page 2 of 6
1.12. “Subrecipient Parent DUNS Number” means the subrecipient
parent organization’s 9-digit Data Universal Numbering System
(DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders subject to
the Federal Funding Accountability and Transparency Act of 2006, As
Amended, as may be revised pursuant to ongoing guidance from the
relevant Federal or State of Colorado agency or institution of higher
education.
1.14. “System for Award Management (SAM)” means the Federal
repository into which an Entity must enter the information required
under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value
earned by an Executive during the Prime Recipient’s or Subrecipient’s
preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation
rights, using the dollar amount recognized for financial
statement reporting purposes with respect to the fiscal year
in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2005) (FAS 123R), Shared
Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not
including group life, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried
employees;
1.15.4. Change in present value of defined benefit and actuarial
pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax- qualified;
1.15.6. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value
of life insurance paid on behalf of the employee, perquisites
or property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and
Transparency Act of 2006 (Public Law109-282), as amended by
§6202 of Public Law 110-252. The Transparency Act also is referred
to as FFATA.
1.17 “Unique Entity ID” means the Unique Entity ID established by the
federal government for a Grantee or Subrecipient at
https://sam.gov/content/home .
1.18 “Uniform Guidance” means the Office of Management and Budget
Uniform Administrative Requirements, Cost Principles, and Audit
Exhibit K - Page 3 of 6
Requirements for Federal Awards (Title 2 Code of Federal
Regulations Part 200). The terms and conditions of the Uniform
Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award
specifically indicate otherwise.
1.19 “Vendor” means a dealer, distributor, merchant or other seller
providing property or services required for a project or program funded
by an Award. A Vendor is not a Prime Recipient or a Subrecipient and
is not subject to the terms and conditions of the Federal award.
Program compliance requirements do not pass through to a Vendor.
2.Compliance. Contractor shall comply with all applicable provisions of the
Transparency Act and the regulations issued pursuant thereto, including but
not limited to these Supplemental Provisions, all applicable provisions of the
Uniform Guidance, and all applicable Federal Laws and regulations required
by this Federal Award. Any revisions to such provisions or regulations shall
automatically become a part of these Supplemental Provisions, without the
necessity of either party executing any further instrument. The State of
Colorado may provide written notification to Contractor of such revisions,
but such notice shall not be a condition precedent to the effectiveness of such
revisions.
3.System for Award Management (SAM), Data Universal Numbering
System (DUNS) and UNIQUE ENTITY ID Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in
SAM until the Contractor submits the final financial report required
under the Award or receives final payment, whichever is later.
Contractor shall review and update SAM information at least annually
after the initial registration, and more frequently if required by changes
in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime
Recipient, and shall update Contractor’s information in Dun &
Bradstreet, Inc. at least annually after the initial registration, and more
frequently if required by changes in Contractor’s information.
3.3. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to
its Recipient, and shall update Subrecipient’s information at
http://www.sam.gov at least annually after the initial registration, and
more frequently if required by changes in Subrecipient’s information.
4.Total Compensation. Contractor shall include Total Compensation in SAM
for each of its five most highly compensated Executives for the preceding
fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $30,000
or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal
Exhibit K - Page 4 of 6
financial assistance Awards or Subawards subject to the
Transparency Act; and
4.2.2. $30,000,000 or more in annual gross revenues from Federal
procurement contracts and subcontracts and/or Federal
financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation
of such Executives through periodic reports filed under section 13(a)
or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)or § 6104 of the Internal Revenue Code of 1986.
5.Reporting. Contractor shall report data elements to SAM and to the Prime
Recipient as required in §7 below if Contractor is a Subrecipient for the
Award pursuant to the Transparency Act. No direct payment shall be made
to Contractor for providing any reports required under these Supplemental
Provisions and the cost of producing such reports shall be included in the
Contract price. The reporting requirements in §7 below are based on
guidance from the US Office of Management and Budget (OMB), and as
such are subject to change at any time by OMB. Any such changes shall be
automatically incorporated into this Contract and shall become part of
Contractor’s obligations under this Contract, as provided in §2 above. The
Colorado Office of the State Controller will provide summaries of revised
OMB reporting requirements at
http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6.Effective Date and Dollar Threshold for Reporting. The effective date of
these Supplemental Provisions apply to new Awards as of October 1, 2010.
Reporting requirements in §7 below apply to new Awards as of October 1,
2010, if the initial award is $30,000 or more. If the initial Award is below
$30,000 but subsequent Award modifications result in a total Award of
$30,000 or more, the Award is subject to the reporting requirements as of the
date the Award exceeds $30,000. If the initial Award is $30,000 or more, but
funding is subsequently de- obligated such that the total award amount falls
below $30,000, the Award shall continue to be subject to the reporting
requirements.
7.Subrecipient Reporting Requirements. If Contractor is a Subrecipient,
Contractor shall report as set forth below.
7.1 To SAM. A Subrecipient shall register in SAM and report the
following data elements in SAM for each Federal Award
Identification Number no later than the end of the month following the
month in which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one
Exhibit K - Page 5 of 6
electronic funds transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City,
State, Country, Zip + 4, and Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives
if the criteria in §4 above are met; and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly
compensated Executives if criteria in
§4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime
Recipient, upon the effective date of the Contract, the following data
elements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including:
Street Address, City, State, Country, Zip code + 4, and
Congressional District.
8.Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who
receives an Award as a natural person, unrelated to any business or
non-profit organization he or she may own or operate in his or her
name.
8.2 A Contractor with gross income from all sources of less than $300,000
in the previous tax year is exempt from the requirements to report
Subawards and the Total Compensation of its most highly
compensated Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant,
cooperative agreement, or other arrangement as defined in Section 1.1
of these Special Provisions. On future dates “Award” may include
other items to be specified by OMB in policy memoranda available at
the OMB Web site; Award also will include other types of Awards
subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall
constitute an event of default under the Contract and the State of Colorado may
terminate the Contract upon 30 days prior written notice if the default remains
uncured five calendar days following the termination of the 30 day notice
period. This remedy will be in addition to any other remedy available to the
State of Colorado under the Contract, at law or in equity.
Exhibit K - Page 6 of 6
Exhibit L- Page 1 of 9
Exhibit L
CDOT SUBRECIPIENT RISK ASSESSMENT
Generate a pdf version for circulation to others by clicking the Print to PDF button
below.
Grantee Entity
Entity Name (Subrecipient) *
Representative for this Self Assessment (Person Completing this Form)
Name * Email *
Chief Administrative Officer, Chief Financial Officer (CFO) or Equivalent
Name * Email *
Project Manager
Name * Email *
Project Details
Name of Project / Program *
Project Number *
Grant Program Awarded *
Estimated Award Period *
Project Sub-Account Number *
Risk Assessment
Assessment Date *
CDOT Project Manager
Name * Email * Phone *
Exhibit L- Page 2 of 9
Instructions: (See "Instructions" tab for more information)
1. All questions are required to be answered.
2. Utilize the "Comment" section below the last question for additional responses.
3. When complete, check the box at the bottom of the form to authorize.
4. Click the Submit button when ready to submit.
5. A copy of the responses will be emailed to the Assessor Email.
Note: Fields marked with * are required.
1. Is your entity new to operating or managing federal funds (has not done so within the past
three years)? *
Yes No
2.Is this funding program new for your entity (managed for less than three years)? Examples
of funding programs include CMAQ, TAP, STP-M, etc.*
Yes No
3.Does your staff assigned to the program have at least three full years of experience with
this federal program? *
Yes No
4. Has your entity had an on-site project or grant review from an external entity (e.g., CDOT,
FHWA) within the last three years? *
Yes No N/A
5a. Were there non-compliance issues in this prior review? *
Yes No N/A
6. Does your entity have a time and effort reporting system in place to account for 100% of
all employees' time, that can provide a breakdown of the actual time spent on each funded
project? *
Yes No
Experience Assessment
Monitoring/Audit Assessment
Operation Assessment
Exhibit L- Page 3 of 9
Internal Control Assessment
12. Has your entity had any significant changes in key personnel or accounting system(s) in
the last year? (e.g., Controller, Exec Director, Program Mgr, Accounting Mgr, etc.) *
Yes No N/A
13. Does your entity have financial procedures and controls in place to accommodate a
federal -aid (or other federally funded) project? *
Yes No
14. Does your accounting system identify the receipts and expenditures of program funds
separately for each award? *
Yes No
15. Will your accounting system provide for the recording of expenditures for each award by
the budget cost categories shown in the approved budget? *
Yes No
16. Does your agency have a review process for all expenditures that will ensure that all costs
are reasonable, allowable and allocated correctly to each funding source? *
Yes No N/A
17. How many total FTE perform accounting functions within your organization? *
>=6 2 to 5 <2
*Funds "lapse" when they are no longer available for obligation. *
Financial Assessment
Exhibit L- Page 4 of 9
Impact Assessment
18. For this upcoming federal award or in the immediate future, does your entity have any
potential conflicts of interest* in accordance with applicable Federal awarding agency
policy? (*Any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of the Subrecipient's obligations to the State.)*
Yes No
19. For this award, has your entity disclosed to CDOT, in writing, violations of Federal
criminal law involving fraud, bribery, or gratuity violations potentially affecting the award?
Select Yes if one or more violation(s) and have either disclosed previously to CDOT or as part of
this form.
Select No if one or more violation(s) and have not disclosed previously or will not disclose as part
of this form.
Select N/A if there are no violations.*
Yes No N/A
Exhibit L- Page 5 of 9
Program Management Assessment
20. Does your entity have a written process/procedure or certification statement approved by
your governing board ensuring critical project personnel are capable of effectively managing
Federal -aid (or other federally funded) projects? *
Yes No N/A
21. Does your entity have written procurement policies or certification statement for
consultant selection approved by your governing board in compliance with 23 CFR 172*?
(*The Brooks Act requires agencies to promote open competition by advertising, ranking, selecting, and negotiating
contracts based on demonstrated competence and qualifications, at a fair and reasonable price.) *
Yes No N/A
22a. Is your staff familiar with the relevant CDOT manuals and federal program requirements?*
Yes No N/A
22b. Does your entity have a written policy or a certification statement approved by your
governing board assuring federal -aid (or other federally funded) projects will receive
adequate inspections? *
Yes No N/A
22c. Does your entity have a written process or a certification statement approved by your
governing board assuring a contractor's work will be completed in conformance with
approved plans and specifications? *
Yes No N/A
22d. Does your entity have a written policy or certification statement approved by your
governing board assuring that materials installed on the projects are sampled and tested per
approved processes. *
Yes No N/A
22e. Does your entity have a written policy or certification statement approved by your
governing board assuring compliance with the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 and implementing regulations on federally funded projects?*
Yes No N/A
Comments - As needed, include the question number and provide comments related to the above
questions.
I have confirmed with the Chief Administrative Officer or Chief Financial Officer of this entity
to certify that this information is true and correct. *
Exhibit L- Page 6 of 9
Instructions and Guide to the SUBRECIPIENT RISK ASSESSMENT (Self Assessment)
GAAP: Generally Accepted Accounting Principles
GAAS: Generally Accepted Auditing Standards
GAGAS: Generally Accepted Government Auditing Standards
Definitions
Using the Assessment:
Q1. Previous Experience of Subrecipient with managing federal funds
Q2. Previous Experience of Subrecipient with funding program
Experience Assessment
Exhibit L- Page 7 of 9
Financial Assessment
Q7. Indirect Cost Rate
Whether a non-Federal entity has an indirect cost rate or not, will not impact the overall risk rating
on this form. However, if an indirect cost rate will be requested, the non-Federal entity must notify
CDOT Audit so that the indirect cost rate can be reviewed and included in the Federal award.
Q8. Size of Grant
If the funds received from CDOT make up a substantial portion of the entity's overall funding, there
is typically a higher risk to the funding if the entity were to have any financial issues.
Q9. Lapsed Funds
Funds "lapse" when they are no longer utilized or available for obligation. Funds lapse at the end of
the applicable fiscal year, unless another date is provided by statute or contract. If a subrecipient
has previously allowed funds to lapse they are considered higher risk.
Q10. Local Match
Difficulty in meeting local match requirements can affect project delivery and is indicative of higher
risk.
Q11. Total Federal Funds
This information is important in deciding how much federal funding makes up the total funding
sources for the entity. If an entity manages a small amount, the risk is higher that they will be
unfamiliar with the fiscal requirements of accounting for the funds. "Total Federal Funds" includes
funds for projects in which your entity administers/performs the work (i.e. construction projects),
but not for funds that you pass-through to other entities.
Monitoring/Audit Assessment
Q6. Timesheet Maintenance
Operation Assessment
Exhibit L- Page 8 of 9
Internal Control Assessment
Q12. Significant Changes in Key Personnel
Significant changes in key personnel can increase the risk of non-compliance with federal
requirements for that entity. For example, a new controller may not be familiar with subaward
requirements, or a new executive director could make large changes in the entity that may increase
their risk of consistent compliance.
Q13. Financial Procedures and Controls
Subrecipients with effective written procedures and financial controls, along with staff familiar with
CDOT procedures and manuals, will have a lower risk of non-compliance with federal requirements.
Q14. Receipts and Expenditures Separated per Each Award
Subrecipients with accounting systems in which separate costs are maintained for each award
reduce the risk that costs are ineligible due to being comingled and billed to multiple awards more
than once.
Q15. Recording of Expenditures by Budget Cost Categories
Subrecipients with accounting systems that can track costs by award AND by the different types of
costs allowed in the award (i.e. labor, sub-consultant/contractor, and materials) reduce the risk
that costs are not allocable (see below).
Q16. Reasonableness, allowability, allocability
Allowability - Expenses charged to a grant must meet the following allowability criteria:
a) The costs must be reasonable.
b) The costs must be given consistent treatment through application of those generally accepted
accounting principles appropriate to the circumstances.
c) The costs must conform to any limitations or exclusions set forth in the grant agreement or in the
Federal Cost Principles.
Allocability:
Once allowability criteria have been met, the cost must be evaluated against the criterion of
allocability. That is, the cost has been incurred solely to support or advance the work of a specific
grant award. It also means the process of assigning a cost, or a group of costs, to one or more cost
objectives, is in reasonable and realistic proportion to the benefit provided or other equitable
relationship. A cost objective may be a major function of the agency, a particular service or project,
a sponsored agreement, or indirect Cost activity. The process may entail assigning a cost(s) directly
to a final cost objective or through one or more intermediate cost objectives.
Reasonableness:
The cost must be able to withstand public scrutiny. (i.e., objective individuals not affiliated with the
institution would agree that a cost is appropriate on a grant award or as a component in its indirect
cost proposal)
Q17. Number of FTEs
This is associated with the number (#) of individual grants and amount of funding the entity receives.
If the entity only has a small # of grants, then a small # of FTE would generally suffice. However, if
the entity has a large # of grants, but only a small # of accounting FTE, then there is a higher risk that
the funds may not be accounted for correctly.
Exhibit L- Page 9 of 9
Program Management Assessment
Questions #20 - #22 on the Self -Assessment are applicable to construction projects and would not be
suitable for use, for example, with planning projects. Cases in which the question does not apply,
mark N/A.
Q20. Critical Project Personnel
If the local entity has a process for ensuring that critical project personnel are qualified to manage
federal-aid (or other federally funded) projects, or provide certification statements to this effect,
they are at less risk of non-compliance.
Q21. Written Procurement Policies
The procedures and laws a local entity must follow in obtaining professional consultant services are
lengthy and complex. A local entity who has written procedures approved by the entity's governing
board for staff or who certify that all laws will be followed is at less risk of non-compliance.
Q22. Program Management Questions a - e
These questions are intended to ensure an understanding of rules and regulations regarding federal-
aid (or other federally funded) projects. A local entity must be able to demonstrate knowledge in
these areas in order to be at low risk for non-compliance.
Impact Assessment
Update Risk Assessment
General
Exhibit M - Page 1 of 7
EXHIBIT M
OMB UNIFORM GUIDANCE FOR FEDERAL AWARDS
Subject to
The Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards (“Uniform Guidance”), Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance Supplemental Provisions are
attached has been funded, in whole or in part, with an award of Federal funds.
In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the agreement or any attachments or exhibits
incorporated into and made a part of the agreement, the provisions of these
Uniform Guidance Supplemental Provisions shall control. In the event of a
conflict between the provisions of these Supplemental Provisions and the FFATA
Supplemental Provisions, the FFATA Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below.
1.1. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise.
1.2 “Federal Award” has the meaning, depending on the context, in either
paragraph (1) or (2) of this definition:
(1)(i) The Federal financial assistance that a recipient receives directly
from a Federal agency or indirectly from a pass-through entity, as
described in § 200.101; or
(ii) The cost-reimbursement contract under the Federal Acquisition
Regulation that a non-Federal entity receives directly from a Federal
agency or indirectly from a pass-through entity, as described in §
200.101.
(2) The instrument setting forth the terms and conditions. The
instrument is the grant agreement, cooperative agreement, other
agreement for assistance covered in paragraph (2) of the definition of
Federal financial assistance in this section, or the cost-reimbursement
contract awarded under the Federal Acquisition Regulations.
(3) Federal award does not include other contracts that a Federal
agency uses to buy goods or services from a contractor or a contract to
operate government-owned, contractor- operated (GOCO) facilities.
(4) See also definitions of Federal financial assistance, grant
agreement, and cooperative agreement, 2 CFR §200.1.
1.3 “Federal Agency” means an “agency” as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). The term generally refers to the agency that provides a Federal award directly to a recipient unless the
Exhibit M - Page 2 of 7
context indicates otherwise. See also definitions of Federal award and recipient, 2 CFR §200.1.
1.4 “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
1.5 “Grant Agreement” or “Grant” means a legal instrument of financial assistance between a Federal agency and a recipient or between a pass-through entity and a subrecipient, consistent with 31 U.S.C. 6302, 6304 and 2 CFR §200.1:
(1) Is used to enter into a relationship, the principal purpose of which is
to transfer anything of value to carry out a public purpose authorized by
a law of the United States (see 31 U.S.C. 6101(3); and not to acquire
property or services for the Federal agency or pass-through entity's
direct benefit or use;
(2) Is distinguished from a cooperative agreement in that it does not
provide for substantial involvement of the Federal agency in carrying out
the activity contemplated by the Federal award.
(3) Does not include an agreement that provides only:
(i) Direct United States Government cash assistance to an individual;
(ii) A subsidy;
(iii) A loan;
(iv) A loan guarantee; or
(v) Insurance.
1.6 “OMB” means the Executive Office of the President, Office of Management and Budget, 2 CFR §200.1.
1.7 “Recipient” means an entity that receives a Federal award directly from a Federal agency to carry out an activity under a Federal program. The term recipient does not include subrecipients or individuals that are participants or beneficiaries of the award, 2 CFR §200.1.
1.8 “State” means the State of Colorado, acting by and through its departments, agencies and institutions of higher education.
1.9 “Subrecipient” means an entity that receives a subaward from a pass-through entity to carry out part of a Federal award. The term subrecipient does not include a beneficiary or participant. A subrecipient may also be a recipient of other Federal awards directly from a Federal agency, 2 CFR §200.1.
1.10 “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Title 2 Code of the Federal Regulations Part 200), which supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102, and A- 133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions of the Uniform Guidance
Exhibit M - Page 3 of 7
flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 1.11 “Uniform Guidance Supplemental Provisions” means these Supplemental Provisions for Federal Awards subject to the OMB Uniform Guidance, as may be revised pursuant to ongoing guidance from relevant Federal agencies or the Colorado State Controller.
2 Compliance. Subrecipient shall comply with all applicable provisions of the Uniform Guidance, including but not limited to these Uniform Guidance Supplemental Provisions. Any revisions to such provisions automatically shall 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 Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
3 Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, §§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If Subrecipient is a State Agency or an agency of a political subdivision of a state, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
4 Access to Records. Subrecipient shall permit Recipient and auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance and 2 CFR §200.331(a)(5). 5 Single Audit Requirements. If Subrecipient expends $1,000,000 or more in Federal Awards during Subrecipient’s fiscal year, Subrecipient shall procure or arrange for a program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507) and 2 CFR §200.501.
5.1 Election. Subrecipient shall have a single audit conducted in accordance with Uniform Guidance §200.514(Scope of audit), except when it elects to have a program-specific audit conducted in accordance
Exhibit M - Page 4 of 7
with §200.507 (Program- specific audits). Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program- specific audit.
5.2 Exemption. If Subrecipient expends less than $1,000,000 in Federal Awards during its fiscal year, Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office.
5.3 Subrecipient Compliance Responsibility. Subrecipient shall procure or otherwise arrange for the audit required by Part F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit Requirements.
6 Contract Provisions for Subrecipient Contracts. Subrecipient shall comply with and shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant Agreement.
6.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
“During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for
Exhibit M - Page 5 of 7
employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice inconspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw.
(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.”
6.2 Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon
Exhibit M - Page 6 of 7
Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
6.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
6.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
6.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
6.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required
Exhibit M - Page 7 of 7
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
7 Certifications. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis, 2CFR §200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended, 2 CFR §200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted.
7.1 Event of Default. Failure to comply with these Uniform Guidance Supplemental Provisions shall constitute an event of default under the Grant Agreement (2 CFR §200.339) and the State may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 8 Effective Date. The effective date of the Uniform Guidance is December 26, 2013, 2 CFR §200.110. The procurement standards set forth in Uniform Guidance §§200.317-200.326 are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in Uniform Guidance Subpart F-Audit Requirements are applicable to audits of fiscal years beginning on or after December 26, 2014. 9 Performance Measurement. The Uniform Guidance requires completion of OMB- approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.
2 CFR §200.301 provides guidance to Federal agencies to measure performance in a way that will help the Federal awarding agency and other non-Federal entities to improve program outcomes.
The Federal awarding agency is required to provide recipients with clear performance goals, indicators, and milestones (2 CFR §200.210) also, must require the recipient to relate financial data to performance accomplishments of the Federal award.=
Exhibit N- Page 1 of 15 Version 1.31.23
Exhibit N
Federal Treasury Provisions
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict between the provisions of these Federal
Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits
incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall
control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including
ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and
Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient),
must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting
requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions,
as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado
agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings
ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the
terms and conditions of that financial assistance, that a non-Federal Entity receives or
administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a
non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a management
position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US
Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance,
State and Local Fiscal Recovery Funds” report available at www.treasury.gov.
Exhibit N- Page 2 of 15 Version 1.31.23
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a
Recipient as described in 2 CFR 200.1
2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal
Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher
education, or nonprofit organization that carries out a Federal Award as a Recipient or a
Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other
organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education
identified as the Grantor in the Grant to which these Federal Provisions are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or
in part by a Federal Award. The terms and conditions of the Federal Award flow down
to the Subaward unless the terms and conditions of the Federal Award specifically
indicate otherwise in accordance with 2 CFR 200.101. The term does not include
payments to a Contractor or payments to an individual that is a beneficiary of a Federal
program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under
an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime
Recipient to support the performance of the Federal project or program for which the
Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the
Federal Award to the Prime Recipient, including program compliance requirements. The
term does not include an individual who is a beneficiary of a federal program.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which an
Entity must enter the information required under the Transparency Act, which may be
found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar
value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding
fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the
following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar
amount recognized for financial statement reporting purposes with respect to the
Exhibit N- Page 3 of 15 Version 1.31.23
fiscal year in accordance with the Statement of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R), Shared Based Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group life,
health, hospitalization or medical reimbursement plans that do not discriminate in
favor of Executives and are available generally to all salaried employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the Executive exceeds $10,000. 2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of
2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards(Title 2 Code of Federal Regulations Part 200). The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless
the Uniform Guidance or the terms and conditions of the Federal Award specifically
indicate otherwise.
2.1.18. “Unique Entity ID” means the Unique Entity ID established by the federal government
for a Grantee at https://sam.gov/content/home. 3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and
all applicable Federal Laws and regulations required by this Federal Award Any revisions to
such provisions or regulations shall automatically become a part of these Federal Provisions,
without the necessity of either party executing any further instrument. The State of Colorado,
at its discretion, may provide written notification to Grantee of such revisions, but such notice
shall not be a condition precedent to the effectiveness of such revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not include a
term or conditions that undermines efforts to stop COVID-19 or discourages compliance with
recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID (UEI) REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information in Sam.gov at least annually.
5.TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and
5.1.2. In the preceding fiscal year, Grantee received:
Exhibit N- Page 4 of 15 Version 1.31.23
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements
and Subcontractors and/or Federal financial assistance Awards or Subawards
subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards or
Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of
such Executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the
Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall
report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct
payment shall be made to Grantee for providing any reports required under these Federal
Provisions and the cost of producing such reports shall be included in the Grant price. The
reporting requirements in this Exhibit are based on guidance from the OMB, and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated
into this Grant and shall become part of Grantee’s obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial
award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award
modifications result in a total Award of $30,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or
more, but funding is subsequently de-obligated such that the total award amount falls below
$30,000, the Award shall continue to be subject to the reporting requirements. If the total
award is below $30,000 no reporting required; if more than $30,000 and less than $50,000
then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to
audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS.
8.1. Grantee shall report as set forth below.
8.1.1. Grantee shall use the SLFRF Subrecipient Quarterly Report Workbook as referenced in
Exhibit P to report to the State Agency within ten (10) days following each quarter ended
September, December, March and June. Additional information on specific requirements
are detailed in the SLFRF Subrecipient Quarterly Report Workbooks and "Compliance
and Reporting Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov.
Exhibit N- Page 5 of 15 Version 1.31.23
EC 1 – Public Health
All Public Health Projects
a) Description of structure and objectives
b) Description of relation to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
COVID-19 Interventions and Mental Health (1.4, 1.11, 1.12, 1.13)
a) Amount of total project used for evidence-based programs
b) Evaluation plan description
COVID-19 Small Business Economic Assistance (1.8)
a) Number of small businesses served
COVID-19 Assistance to Non-Profits (1.9)
a) Number of non-profits served
COVID-19 Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (1.10)
a) Sector of employer
b) Purpose of funds
EC 2 – Negative Economic Impacts
All Negative Economic Impacts Projects
a) Description of project structure and objectives
b) Description of project’s response to COVID-19
c) Identification of impacted and/or disproportionately impacted communities
d) Amount of total project used for evidence-based programs and description of evaluation
plan (not required for 2.5, 2.8, 2.21-2.24, 2.27-2.29, 2.31, 2.34-2.36)
e) Number of workers enrolled in sectoral job training programs
f) Number of workers completing sectoral job training programs
g) Number of people participating in summer youth employment programs
h) Capital Expenditures
i. Presence of capital expenditure in project
ii. Total projected capital expenditure
iii. Type of capital expenditure
iv. Written justification
v. Labor reporting
Household Assistance (2.1-2.8)
a) Number of households served
Exhibit N- Page 6 of 15 Version 1.31.23
b) Number of people or households receiving eviction prevention services (2.2 & 2.5 only)
(Federal guidance may change this requirement in July 2022)
c) Number of affordable housing units preserved or developed (2.2 & 2.5 only) (Federal
guidance may change this requirement in July 2022)
Healthy Childhood Environments (2.11-2.13)
a) Number of children served by childcare and early learning (Federal guidance may change
this requirement in July 2022)
b) Number of families served by home visiting (Federal guidance may change this
requirement in July 2022)
Education Assistance (2.14, 2.24-2.27)
a) National Center for Education Statistics (“NCES”) School ID or NCES District ID
b) Number of students participating in evidence-based programs (Federal guidance may
change this requirement in July 2022)
Housing Support (2.15, 2.16, 2.18)
a) Number of people or households receiving eviction prevention services (Federal
guidance may change this requirement in July 2022)
b) Number of affordable housing units preserved or developed (Federal guidance may
change this requirement in July 2022)
Small Business Economic Assistance (2.29-2.33)
a) Number of small businesses served
Assistance to Non-Profits (2.34)
a) Number of non-profits served
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (2.35-2.36)
a) Sector of employer
b) Purpose of funds
c) If other than travel, tourism and hospitality (2.36) – description of hardship
EC 3 – Public Health – Negative Economic Impact: Public Sector Capacity
Payroll for Public Health and Safety Employees (EC 3.1)
a) Number of government FTEs responding to COVID-19
Rehiring Public Sector Staff (EC 3.2)
a) Number of FTEs rehired by governments
EC 4 – Premium Pay
All Premium Pay Projects
a) List of sectors designated as critical by the chief executive of the jurisdiction, if beyond
those listed in the final rule
b) Numbers of workers served
c) Employer sector for all subawards to third-party employers
d) Written narrative justification of how premium pay is responsive to essential work during
the public health emergency for non-exempt workers or those making over 150 percent of
the state/county’s average annual wage
Exhibit N- Page 7 of 15 Version 1.31.23
e) Number of workers to be served with premium pay in K-12 schools
EC 5 – Infrastructure Projects
All Infrastructure Projects
a) Projected/actual construction start date (month/year)
b) Projected/actual initiation of operations date (month/year)
c) Location (for broadband, geospatial data of locations to be served)
d) Projects over $10 million
i. Prevailing wage certification or detailed project employment and local impact
report
ii. Project labor agreement certification or project workforce continuity plan
iii. Prioritization of local hires
iv. Community benefit agreement description, if applicable
Water and sewer projects (EC 5.1-5.18)
a) National Pollutant Discharge Elimination System (NPDES) Permit Number (if
applicable; for projects aligned with the Clean Water State Revolving Fund)
b) Public Water System (PWS) ID number (if applicable; for projects aligned with the
Drinking Water State Revolving Fund)
c) Median Household Income of service area
d) Lowest Quintile Income of the service area
Broadband projects (EC 5.19-5.21)
a) Confirm that the project is designed to, upon completion, reliably meet or exceed
symmetrical 100 Mbps download and upload speeds.
i. If the project is not designed to reliably meet or exceed symmetrical 100 Mbps
download and upload speeds, explain why not, and
ii. Confirm that the project is designed to, upon completion, meet or exceed 100
Mbps download speed and between at least 20 Mbps and 100 Mbps upload
speed, and be scalable to a minimum of 100 Mbps download speed and 100
Mbps upload speed.
b) Additional programmatic data will be required for broadband projects and will be
defined in a subsequent version of the US Treasury Reporting Guidance, including, but
not limited to (Federal guidance may change this requirement in July 2022):
i. Number of households (broken out by households on Tribal lands and those
not on Tribal lands) that have gained increased access to broadband meeting
the minimum speed standards in areas that previously lacked access to service
of at least 25 Mbps download and 3 Mbps upload, with the number of
households with access to minimum speed standard of reliable 100 Mbps
symmetrical upload and download and number of households with access to
minimum speed standard of reliable 100 Mbps download and 20 Mbps upload
ii. Number of institutions and businesses (broken out by institutions on Tribal
lands and those not on Tribal lands) that have projected increased access to
broadband meeting the minimum speed standards in areas that previously
Exhibit N- Page 8 of 15 Version 1.31.23
lacked access to service of at least 25 Mbps download and 3 Mbps upload, in
each of the following categories: business, small business, elementary school,
secondary school, higher education institution, library, healthcare facility, and
public safety organization, with the number of each type of institution with
access to the minimum speed standard of reliable 100 Mbps symmetrical
upload and download; and number of each type of institution with access to
the minimum speed standard of reliable 100 Mbps download and 20 Mbps
upload.
iii. Narrative identifying speeds/pricing tiers to be offered, including the
speed/pricing of its affordability offering, technology to be deployed, miles of
fiber, cost per mile, cost per passing, number of households (broken out by
households on Tribal lands and those not on Tribal lands) projected to have
increased access to broadband meeting the minimum speed standards in areas
that previously lacked access to service of at least 25 Mbps download and 3
Mbps upload, number of households with access to minimum speed standard
of reliable 100 Mbps symmetrical upload and download, number of
households with access to minimum speed standard of reliable 100 Mbps
download and 20 Mbps upload, and number of institutions and businesses
(broken out by institutions on Tribal lands and those not on Tribal lands)
projected to have increased access to broadband meeting the minimum speed
standards in areas that previously lacked access to service of at least 25 Mbps
download and 3 Mbps upload, in each of the following categories: business,
small business, elementary school, secondary school, higher education
institution, library, healthcare facility, and public safety organization. Specify
the number of each type of institution with access to the minimum speed
standard of reliable 100 Mbps symmetrical upload and download; and the
number of each type of institution with access to the minimum speed standard
of reliable 100 Mbps download and 20 Mbps upload.
All Expenditure Categories
a) Program income earned and expended to cover eligible project costs
8.1.2. A Subrecipient shall report the following data elements to Prime Recipient no later than
five days after the end of the month following the month in which the Subaward was
made.
8.1.2.1. Subrecipient Unique Entity ID;
8.1.2.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT)
account;
8.1.2.3. Subrecipient parent’s organization Unique Entity ID;
8.1.2.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4,
and Congressional District;
Exhibit N- Page 9 of 15 Version 1.31.23
8.1.2.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4
above are met; and
8.1.2.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives
if the criteria in §4 above met.
8.1.3. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, the following
data elements:
8.1.3.1. Subrecipient’s Unique Entity ID as registered in SAM.
8.1.3.2. Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8.1.3.3. Narrative identifying methodology for serving disadvantaged communities. See
the "Project Demographic Distribution" section in the "Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds" report available at
www.treasury.gov. This requirement is applicable to all projects in Expenditure
Categories 1 and 2.
8.1.3.4. Narrative identifying funds allocated towards evidenced-based interventions and
the evidence base. See the “Use of Evidence” section in the “Compliance and
Reporting Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov. See section 8.1.1 for relevant Expenditure Categories.
8.1.3.5. Narrative describing the structure and objectives of the assistance program and in
what manner the aid responds to the public health and negative economic impacts
of COVID-19. This requirement is applicable to Expenditure Categories 1 and 2.
For aid to travel, tourism, and hospitality or other impacted industries (EC 2.11-
2.12), also provide the sector of employer, purpose of funds, and if not travel,
tourism and hospitality a description of the pandemic impact on the industry.
8.1.3.6. Narrative identifying the sector served and designated as critical to the health and
well-being of residents by the chief executive of the jurisdiction and the number
of workers expected to be served. For groups of workers (e.g., an operating unit,
a classification of worker, etc.) or, to the extent applicable, individual workers,
other than those where the eligible worker receiving premium pay is earning (with
the premium pay included) below 150 percent of their residing state or county’s
average annual wage for all occupations, as defined by the Bureau of Labor
Statistics Occupational Employment and Wage Statistics, whichever is higher,
OR the eligible worker receiving premium pay is not exempt from the Fair Labor
Standards Act overtime provisions, include justification of how the premium pay
or grant is responsive to workers performing essential work during the public
health emergency. This could include a description of the essential workers'
duties, health or financial risks faced due to COVID-19 but should not include
personally identifiable information. This requirement applies to EC 4.1, and 4.2.
8.1.3.7. For infrastructure projects (EC 5), or capital expenditures in any expenditure
category, narrative identifying the projected construction start date (month/year),
projected initiation of operations date (month/year), and location (for broadband,
geospatial location data). For projects over $10 million:
8.1.3.8. Certification that all laborers and mechanics employed by Contractors and
Subcontractors in the performance of such project are paid wages at rates not less
Exhibit N- Page 10 of 15 Version 1.31.23
than those prevailing, as determined by the U.S. Secretary of Labor in accordance
with subchapter IV of chapter 31 of title 40, United States Code (commonly
known as the "Davis-Bacon Act"), for the corresponding classes of laborers and
mechanics employed on projects of a character similar to the Agreement work in
the civil subdivision of the State (or the District of Columbia) in which the work
is to be performed, or by the appropriate State entity pursuant to a corollary State
prevailing-wage-in-construction law (commonly known as "baby Davis-Bacon
Acts"). If such certification is not provided, a recipient must provide a project
employment and local impact report detailing (1) the number of employees of
Contractors and sub-contractors working on the project; (2) the number of
employees on the project hired directly and hired through a third party; (3) the
wages and benefits of workers on the project by classification; and (4) whether
those wages are at rates less than those prevailing. Recipients must maintain
sufficient records to substantiate this information upon request.
8.1.3.8.1. A Subrecipient may provide a certification that a project includes a project
labor agreement, meaning a pre-hire collective bargaining agreement
consistent with section 8(f) of the National Labor Relations Act (29 U.S.C.
158(f)). If the recipient does not provide such certification, the recipient must
provide a project workforce continuity plan, detailing: (1) how the Subrecipient
will ensure the project has ready access to a sufficient supply of appropriately
skilled and unskilled labor to ensure high-quality construction throughout the
life of the project; (2) how the Subrecipient will minimize risks of labor
disputes and disruptions that would jeopardize timeliness and cost-
effectiveness of the project; and (3) how the Subrecipient will provide a safe
and healthy workplace that avoids delays and costs associated with workplace
illnesses, injuries, and fatalities; (4) whether workers on the project will receive
wages and benefits that will secure an appropriately skilled workforce in the
context of the local or regional labor market; and (5) whether the project has
completed a project labor agreement.
8.1.3.8.2. Whether the project prioritizes local hires.
8.1.3.8.3. Whether the project has a Community Benefit Agreement, with a description
of any such agreement.
8.1.4. Subrecipient also agrees to comply with any reporting requirements established by the US
Treasury, Governor’s Office and Office of the State Controller. The State of Colorado may
need additional reporting requirements after this agreement is executed. If there are
additional reporting requirements, the State will provide notice of such additional reporting
requirements via Exhibit Q – SLFRF Reporting Modification Form.
Exhibit N- Page 11 of 15 Version 1.31.23
9.PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable regulations,
provided that the procurements conform to applicable Federal law and the standards
identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through
200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent
consistent with law, the non-Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, aluminum, steel,
cement, and other manufactured products). The requirements of this section must be included
in all subawards including all Agreements and purchase orders for work or products under
this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a
political subdivision of the State, its Contractors must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
10.ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s
records and financial statements as necessary for Recipient to meet the requirements of 2
CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and
national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart
F-Audit Requirements of the Uniform Guidance.
11.SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $1,000,000 or more in Federal Awards during the Subrecipient’s
fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit
conducted for that year in accordance with the provisions of Subpart F-Audit Requirements
of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31
U.S.C. 7501-7507). 2 CFR 200.501.
Exhibit N- Page 12 of 15 Version 1.31.23
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform
Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-
specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits).
The Subrecipient may elect to have a program-specific audit if Subrecipient expends
Federal Awards under only one Federal program (excluding research and development)
and the Federal program’s statutes, regulations, or the terms and conditions of the Federal
award do not require a financial statement audit of Prime Recipient. A program-specific
audit may not be elected for research and development unless all of the Federal Awards
expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $1,000,000 in Federal Awards during its
fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that
year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records
shall be available for review or audit by appropriate officials of the Federal agency, the
State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise
arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is
properly performed and submitted when due in accordance with the Uniform Guidance.
Subrecipient shall prepare appropriate financial statements, including the schedule of
expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements)
and provide the auditor with access to personnel, accounts, books, records, supporting
documentation, and other information as needed for the auditor to perform the audit
required by Uniform Guidance Subpart F-Audit Requirements.
12.GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all Subcontractors
entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that
meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3
shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
and implementing regulations at 41 CFR part 60, Office of Federal Agreement
Compliance Programs, Equal Employment Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction, alteration
and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-
3148).
Exhibit N- Page 13 of 15 Version 1.31.23
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the
definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or
Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that “funding agreement,” the
Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Agreements and Cooperative Agreements,” and any implementing
regulations issued by the Federal Awarding Agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal awardees to agree to
comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and
the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award
(see 2 CFR 180.220) must not be made to parties listed on the government wide
exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order
12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal Agreement, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the Enemy”
in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants
and cooperative agreements that are expected to exceed $50,000 within the period of
performance, are performed outside the United States and its territories, and are in support
of a contingency operation in which members of the Armed Forces are actively engaged
in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment
(2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds
on certain telecommunications and video surveillance services or equipment pursuant to
2 CFR 200.216.
Exhibit N- Page 14 of 15 Version 1.31.23
12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and
assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
recipients of federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of
this Agreement (or agreement). Title VI also includes protection to persons with “Limited
English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.
C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations,
31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or
agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with
Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State
Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes or
regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently
if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the project or activity was completed or the
level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort
was not carried out, the amount of the Award must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in
his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year
is exempt from the requirements to report Subawards and the Total Compensation of its most
highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30-day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as
follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to
comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized
by law, if an award no longer effectuates the program goals or agency priorities;
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15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-
Federal Entity, in which case the two parties must agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination, the
effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal Awarding Agency or Pass-through Entity determines in the case
of partial termination that the reduced or modified portion of the Federal Award or
Subaward will not accomplish the purposes for which the Federal Award was made, the
Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its
entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
Exhibit O - Page 1 of 9
EXHIBIT O
AGREEMENT WITH SUBSUBRECIPIENT OF FEDERAL RECOVERY FUNDS
Section 602(b) of the Social Security Act (the Act), as added by section 9901 of the American
Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 2021), authorizes the Department of
the Treasury (Treasury) to make payments to certain Subrecipients from the Coronavirus State
Fiscal Recovery Fund. The State of Colorado has signed and certified a separate agreement with
Treasury as a condition of receiving such payments from the Treasury. This agreement is
between your organization and the State and your organization is signing and certifying the
same terms and conditions included in the State’s separate agreement with Treasury. Your
organization is referred to as a Subrecipient.
As a condition of your organization receiving federal recovery funds from the State, the
authorized representative below hereby (i) certifies that your organization will carry out the
activities listed in section 602(c) of the Act and (ii) agrees to the terms attached hereto. Your
organization also agrees to use the federal recovery funds as specified in bills passed by the
General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized representative
has read and understood the organization’s obligations in the Assurances of Compliance and
Civil Rights Requirements, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the organization is in compliance with the
nondiscrimination requirements.
Subrecipient Name __________________________________
Authorized Representative: _______________________________
Title: __________________________________
Signature: ___________________________
Exhibit O - Page 2 of 9
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
Use of Funds.
a.Subrecipient understands and agrees that the funds disbursed under this award may only
be used in compliance with section 602(c) of the Social Security Act (the Act) and
Treasury’s regulations implementing that section and guidance.
b.Subrecipient will determine prior to engaging in any project using this assistance that
it has the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
Period of Performance. The period of performance for this award begins on the date hereof
and ends on December 31, 2026. As set forth in Treasury’s implementing regulations,
Subrecipient may use award funds to cover eligible costs incurred during the period that
begins on March 3, 2021, and ends on December 31, 2024.
Reporting. Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award. Subrecipient also agrees to comply with any reporting
requirements established by the Governor’s Office and Office of the State Controller.
Maintenance of and Access to Records
a.Subrecipient shall maintain records and financial documents sufficient to evidence
compliance with section 602(c), Treasury’s regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b.The Treasury Office of Inspector General and the Government Accountability Office,
or their authorized representatives, shall have the right of access to records (electronic
and otherwise) of Subrecipient in order to conduct audits or other investigations.
c.Records shall be maintained by Subrecipient for a period of five (5) years after all funds
have been expended or returned to Treasury, whichever is later.
Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
Administrative Costs. Subrecipient may use funds provided under this award to cover both
direct and indirect costs. Subrecipient shall follow guidance on administrative costs issued
by the Governor’s Office and Office of the State Controller.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Subrecipient.
Conflicts of Interest. The State of Colorado understands and agrees it must maintain a conflict
of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
Exhibit O - Page 3 of 9
is applicable to each activity funded under this award. Subrecipient and Contractors must
disclose in writing to the Office of the State Controller or the pass-through entity, as appropriate,
any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. §
200.112. The Office of the State Controller shall disclose such conflict to Treasury.
Compliance with Applicable Law and Regulations.
a.Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance
issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all
other applicable federal statutes, regulations, and executive orders, and Subrecipient
shall provide for such compliance by other parties in any agreements it enters into with
other parties relating to this award.
b.Federal regulations applicable to this award include, without limitation, the following:
i.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions
as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F – Audit
Requirements of the Uniform Guidance, implementing the Single Audit Act,
shall apply to this award.
ii.Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part
25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
25 is hereby incorporated by reference.
iii.Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part
170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part
170 is hereby incorporated by reference.
iv.OMB Guidelines to Agencies on Government wide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a
term or condition in all lower tier covered transactions (Agreements and
Subcontractors described in 2 C.F.R. Part 180, subpart B) that the award is
subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31
C.F.R. Part 19.
v.Subrecipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
vi.Government wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii.New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. §§ 4601-4655) and implementing regulations.
Exhibit O - Page 4 of 9
ix.Generally applicable federal environmental laws and regulations.
c.Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i.Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii.The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability;
iii.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv.The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v.Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
§§ 12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
Remedial Actions. In the event of Subrecipient’s noncompliance with section 602 of the
Act, other applicable laws, Treasury’s implementing regulations, guidance, or any
reporting or other program requirements, Treasury may impose additional conditions on
the receipt of a subsequent tranche of future award funds, if any, or take other available
remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of
the Act regarding the use of funds, previous payments shall be subject to recoupment as
provided in section 602(e) of the Act and any additional payments may be subject to
withholding as provided in sections 602(b)(6)(A)(ii)(III) of the Act, as applicable.
Hatch Act. Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act
(5 U.S.C.§§ 1501-1508 and 7324-7328), which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
False Statements. Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal, civil, or
administrative sanctions, including fines, imprisonment, civil damages and penalties,
debarment from participating in federal awards or Agreements, and/or any other remedy
available by law.
Exhibit O - Page 5 of 9
Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by
federal award number SLFRF0126 awarded to the State of Colorado by the U.S.
Department of the Treasury.”
Debts Owed the Federal Government.
a.Any funds paid to the Subrecipient (1) in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms of this
award; (2) that are determined by the Treasury Office of Inspector General to have
been misused; or (3) that are determined by Treasury to be subject to a repayment
obligation pursuant to sections 602(e) and 603(b)(2)(D) of the Act and have not
been repaid by the Subrecipient shall constitute a debt to the federal government.
b.Any debts determined to be owed to the federal government must be paid promptly
by Subrecipient. A debt is delinquent if it has not been paid by the date specified in
Treasury’s initial written demand for payment, unless other satisfactory
arrangements have been made or if the Subrecipient knowingly or improperly
retains funds that are a debt as defined in paragraph 14(a). Treasury will take any
actions available to it to collect such a debt.
Disclaimer.
a.The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death, bodily injury, property damages, or any other losses resulting in
any way from the performance of this award or any other losses resulting in any
way from the performance of this award or any Agreement, or Subcontractor under
this award.
b.The acceptance of this award by Subrecipient does not in any way establish an
agency relationship between the United States and Subrecipient.
Protections for Whistleblowers.
a.In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal Agreement or grant, a gross
waste of federal funds, an abuse of authority relating to a federal Agreement or grant,
a substantial and specific danger to public health or safety, or a violation of law, rule,
or regulation related to a federal Agreement (including the competition for or
negotiation of an Agreement) or grant.
b.The list of persons and entities referenced in the paragraph above includes the following:
i.A member of Congress or a representative of a committee of Congress;
ii.An Inspector General;
Exhibit O - Page 6 of 9
iii.The Government Accountability Office;
iv.A Treasury employee responsible for Agreement or grant oversight or
management;
v.An authorized official of the Department of Justice or other law enforcement
agency;
vi.A court or grand jury; or
vii.A management official or other employee of Subrecipient, Contractor, or
Subcontractor who has the responsibility to investigate, discover, or
address misconduct.
c.Subrecipient shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (Apr. 18, 1997), Subrecipient should encourage its Contractors to adopt and enforce
on-the-job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
18.Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009), Subrecipient should encourage its employees, Subrecipients, and Contractors
to adopt and enforce policies that ban text messaging while driving, and Subrecipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
Exhibit O - Page 7 of 9
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury, the Subrecipient provides the assurances stated herein. The federal financial assistance
may include federal grants, loans and Agreements to provide assistance to the Subrecipient’s
beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing
assistance. Federal financial assistance does not encompass Agreements of guarantee or insurance,
regulated programs, licenses, procurement Agreements by the Federal government at market value,
or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury, including any assistance that the Subrecipient may request
in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances
apply to all of the operations of the Subrecipient’s program(s) and activity(ies), so long as any
portion of the Subrecipient’s program(s) or activity(ies) is federally assisted in the manner
prescribed above.
1.Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of
1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or
subjection to discrimination under programs and activities receiving federal financial assistance,
of any person in the United States on the ground of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR
Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars,
policies, memoranda, and/or guidance documents.
2.Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for
Persons with Limited English Proficiency,” seeks to improve access to federally assisted
programs and activities for individuals who, because of national origin, have Limited English
proficiency (LEP). Subrecipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited
under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s
implementing regulations. Accordingly, Subrecipient shall initiate reasonable steps, or comply
with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Subrecipient understands and agrees that
meaningful access may entail providing language assistance services, including oral
interpretation and written translation where necessary, to ensure effective communication in the
Subrecipient’s programs, services, and activities.
3.Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs, services, and activities. As a
resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For
more information on taking reasonable steps to provide meaningful access for LEP persons,
please visit http://www.lep.gov.
Exhibit O - Page 8 of 9
4.Subrecipient acknowledges and agrees that compliance with the assurances constitutes a condition
of continued receipt of federal financial assistance and is binding upon Subrecipient and
Subrecipient’s successors, transferees, and assignees for the period in which such assistance is
provided.
5.Subrecipient acknowledges and agrees that it must require any sub-grantees, contractors,
subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above,
and agrees to incorporate the following language in every Agreement or agreement subject to
Title VI and its regulations between the Subrecipient and the Subrecipient’s sub-grantees,
Contractors, Subcontractors, successors, transferees, and assignees:
The sub-grantee, Contractor, Subcontractor, successor, transferee, and assignee shall comply
with Title VI of the Civil Rights Act of 1964, which prohibits Subrecipients of federal financial
assistance from excluding from a program or activity, denying benefits of, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §
2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
Agreement or agreement.
6.Subrecipient understands and agrees that if any real property or structure is provided or improved
with the aid of federal financial assistance by the Department of the Treasury, this assurance
obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period
during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits.
If any personal property is provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
7.Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations. Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that
may result from these actions. The Subrecipient shall comply with information requests, on-site
compliance reviews and reporting requirements.
8.Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any
complaints of discrimination on the grounds of race, color, or national origin, and limited English
proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and
provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or
completed, including outcome. Subrecipient also must inform the Department of the Treasury if
Subrecipient has received no complaints under Title VI.
9.Subrecipient must provide documentation of an administrative agency’s or court’s findings
of non-compliance of Title VI and efforts to address the non-compliance, including any
voluntary compliance or other agreements between the Subrecipient and the administrative
agency that made the finding. If the Subrecipient settles a case or matter alleging such
discrimination, the Subrecipient must provide documentation of the settlement. If
Subrecipient has not been the subject of any court or administrative agency finding of
Exhibit O - Page 9 of 9
discrimination, please so state.
10.If the Subrecipient makes sub-awards to other agencies or other entities, the Subrecipient is
responsible for ensuring that sub-Subrecipients also comply with Title VI and other applicable
authorities covered in this document State agencies that make sub-awards must have in place
standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil rights compliance of sub- Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances
document and nothing in this document alters or limits the federal enforcement measures that the
United States may take in order to address violations of this document or applicable federal law.
EXHIBIT P
SLFRF SUBRECIPIENT QUARTERLY REPORT
1. SLFRF SUBRECIPIENT QUARTERLY REPORT WORKBOOK
1.1 The SLFRF Subrecipient Quarterly Report Workbook must be
submitted to the State Agency within ten (10) days following each
quarter ended September, December, March and June. The SLFRF
Subrecipient Quarterly Report Workbook can be found at:
https://osc.colorado.gov/american-rescue-plan-act (see SLFRF
Grant Agreement Templates tab)
Exhibit P - Page 1 of 1
Exhibit Q - Page 1 of 1
EXHIBIT Q
SAMPLE SLFRF REPORTING MODIFICATION FORM
Local Agency: Agreement No:
Project Title: Project No:
Project Duration: To: From: State Agency: CDOT
This form serves as notification that there has been a change to the reporting
requirements set forth in the original SLFRF Grant Agreement.
The following reporting requirements have been (add/ remove additional rows as
necessary):
Updated Reporting
Requirement
(Add/Delete/Modify)
Project Number Reporting Requirement
By signing this form, the Local Agency agrees to and acknowledges the changes to
the reporting requirements set forth in the original SLFRF Grant Agreement. All
other terms and conditions of the original SLFRF Grant Agreement, with any
approved modifications, remain in full force and effect. Grantee shall submit this
form to the State Agency within 10 business days of the date sent by that Agency.
_________________ __________________ Local Agency Date
___________________ __________________ CDOT Program Manager Date
Exhibit R APPLICABLE FEDERAL AWARDS
Exhibit R - Page 1 of 1
FEDERAL AWARD(S) APPLICABLE TO THIS GRANT AWARD
Federal Awarding Office US Department of the Treasury
Grant Program Coronavirus State and Local Fiscal Recovery Funds
Assistance Listing Number 21.027
Federal Award Number SLFRP0126
Federal Award Date * May 18, 2021
Federal Award End Date December 31, 2024
Federal Statutory Authority Title VI of the Social Security Act, Section 602
Total Amount of Federal Award (this is
not the amount of this grant agreement)
$3,828,761,790
* Funds may not be available through the Federal Award End Date subject to the provisions in
§2 and §5 below.
Exhibit S- Page 1 of 1
EXHIBIT S
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
EXHIBIT T
CHECKLIST OF REQUIRED EXHIBITS DEPENDENT ON FUNDING SOURCE
Exhibit T - Page 1 of 2
Checklist for required exhibits due to funding sources. Required Exhibits are dependent on the source of funding.
This is a guide to assist in the incorporation and completion of Exhibits in relation to funding sources.
Exhibit Funding only from
FHWA
Funding only
from ARPA
FHWA and ARPA Funding
EXHIBIT A,
SCOPE OF WORK
EXHIBIT B,
SAMPLE OPTION
LETTER
EXHIBIT C,
FUNDING PROVISIONS
EXHIBIT D,
LOCAL AGENCY
RESOLUTION (IF
APPLICABLE)
EXHIBIT E,
LOCAL AGENCY
AGREEMENT
ADMINISTRATION
CHECKLIST
EXHIBIT F,
CERTIFICATION FOR
FEDERAL-AID
AGREEMENTS
EXHIBIT G,
DISADVANTAGED
BUSINESS ENTERPRISE
EXHIBIT H,
LOCAL AGENCY
PROCEDURES FOR
CONSULTANT
SERVICES
EXHIBIT I,
FEDERAL-AID
AGREEMENT
PROVISIONS FOR
CONSTRUCTION
AGREEMENTS
EXHIBIT J,
ADDITIONAL FEDERAL
REQUIREMENTS
Exhibit T - Page 2 of 2
EXHIBIT K,
FFATA
SUPPLEMENTAL
FEDERAL PROVISIONS
EXHIBIT L,
SAMPLE
SUBRECIPIENT
MONITORING AND
RISK ASSESSMENT
FORM
EXHIBIT M,
OMB UNIFORM
GUIDANCE FOR
FEDERAL AWARDS
EXHIBIT N,
FEDERAL TREASURY
PROVISIONS
EXHIBIT O,
AGREEMENT WITH
SUBRECIPIENT OF
FEDERAL RECOVERY
FUNDS
EXHIBIT P,
SLFRF SUBRECIPIENT
QUARTERLY REPORT
EXHIBIT Q,
SLFRF REPORTING
MODIFICATION FORM
EXHIBIT R,
APPLICABLE FEDERAL
AWARDS
EXHIBIT S,
PII CERTIFICATAION
EXHIBIT T,
CHECKLIST OF
REQUIRED EXHIBITS
DEPENDENT ON
FUNDING SOURCE
ITEM NUMBER: 2
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 03-2026
TITLE: AN ORDINANCE REPEALING ARTICLE IV OF CHAPTER 11 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING AMUSEMENT ARCADES
AND AMUSEMENT CENTERS
☒PUBLIC HEARING
☐BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
This ordinance repeals the licensing procedures for amusement arcades. It has become
apparent that this section of the Code of Laws is outdated and no longer necessary for
the protection of the public health, safety or welfare of the residents of Wheat Ridge.
PRIOR ACTION:
In 1977, the amusement arcade ordinance was adopted by City Council for the main
purpose of ensuring that the amusement devices were not used for gambling purposes
and regulating same. At the January 5, 2026, study session, the Council directed staff to
prepare an ordinance repealing the licensing requirement.
A motion was made by Councilmember Quinn and seconded by Councilmember Ohm
on first reading on February 9, 2026 and was approved by a vote of 8 to 0.
FINANCIAL IMPACT:
The City currently receives approximately $3,400 annually in amusement device license
fees, which will be lost with the passage of this ordinance.
BACKGROUND:
The amusement arcade licensing ordinance went into effect in 1977 when there were
several amusement arcades in Wheat Ridge and surrounding cities which caused a
number of calls for police department service due to accusations of the devices being
used for gambling, crowds gathering on public sidewalks outside of the arcades, and
liquor being consumed off the licensed premises.
Council Action Form – Amusement Arcades and Centers
February 23, 2026
Page 2
Since 1977, and with the proliferation of home gaming devices, the number of these
types of amusement arcades have dwindled. Most amusement arcades are now more
“family-oriented” and provide for entertainment, amusement, or a test of skill.
Currently, there are three types of amusement categories, which make up eight in total.
The total number of licensed machines in total is between 50-60 and continues to
reduce over time.
• Amusement Arcades (10 or more machines): 1
• Amusement Centers (four to nine machines): 3
• Amusement Devices (one to three machines): 4
For amusement arcades and centers, they are located within a business that already
has a liquor license, such as a bowling alley, bar or restaurant. For amusement devices,
they are typically just one machine located in an establishment like a grocery store.
At this time, state gambling laws, liquor laws and local laws provide the necessary tools
to handle any potential unlawful acts. Therefore, the ordinance related to amusement
centers, arcades and devices is no longer necessary.
RECOMMENDATIONS:
Staff recommend approval of the ordinance.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 03-2026, an ordinance repealing Article IV of Chapter
11 of the Wheat Ridge Code of Laws concerning amusement arcades and amusement
centers and that it take effect 15 days after final publication as required by the charter.”
Or,
“I move to postpone indefinitely Council Bill No. 03-2025, an ordinance repealing Article
IV of Chapter 11 of the Wheat Ridge Code of Laws concerning amusement arcades and
amusement centers for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 03-2026
2. Current version of Amusement Arcade Code
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER QUINN
Council Bill No. 03
Ordinance No. 1836
Series 2026
TITLE: AN ORDINANCE REPEALING ARTICLE IV OF CHAPTER 11 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING AMUSEMENT ARCADES
AND AMUSEMENT CENTERS
WHEREAS, the City of Wheat Ridge, Colorado is a Colorado home rule municipality,
duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority the City council has previously adopted
Article IV of Chapter 11 of the Code of Laws, providing for the licensing and regulation of
amusement arcades and amusement centers; and
WHEREAS, the Council finds it is no longer necessary to regulate such businesses
in the manner set forth in Article IV, Chapter 11; the City’s general land use, zoning and
nuisance regulations, and state law being sufficient for the purpose.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Article IV of Chapter 11 of the Wheat Ridge Code of Laws, concerning
amusement arcades and amusement centers, is hereby repealed in its entirety, and said
Article IV retained as “reserved” for future use.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
ATTACHMENT 1
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th
day of February 2026, ordered published in full on the City’s website as provided by the
Home Rule Charter, and Public Hearing and consideration on final passage set for
February 23, 2026, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ___ to ___, this 23rd day of February 2026.
SIGNED by the Mayor on this _____ day of ____________, 2025.
ATTEST:
Onorina Maloney, Sr. Deputy City Clerk
Korey Stites, Mayor
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: February 10, 2026
Second Publication: February 24, 2026
Effective Date: March 11, 2026
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ATTACHMENT 2
ITEM NUMBER: 3
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 04-2026
TITLE: AN ORDINANCE AMENDING CHAPTER 7 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING WRITE IN CANDIDATE AFFIDAVITS
☒PUBLIC HEARING
☐BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
This ordinance requires that write-in candidates for any elective office must file an
affidavit of intent with the City Clerk prior to 64 days before the election.
PRIOR ACTION:
City Council was briefed on this item by the City Attorney at the February 2nd study
session. Consensus was reached by council to direct the City Attorney to bring forward
an ordinance for consideration.
A motion was made by Councilmember Martell and seconded by Councilmember Snell
on first reading on February 9, 2026 and was approved by a vote of 8 to 0.
FINANCIAL IMPACT:
None
BACKGROUND:
The Colorado election statutes provide that municipalities may govern the manner of
receiving write-in candidates for elective office. Many municipalities commonly require
that an affidavit of intent to run for an elective office must be filed by a potential write-in
candidate prior to 64 days before the election, to allow the election officials to prepare
appropriate election materials, and to know whether votes for such a write-in candidate
are to be counted. This ordinance mirrors standard language enacted by municipalities
to accomplish this.
Council Action Form – Write in Candidate Affidavits
February 23, 2026
Page 2
RECOMMENDATION:
Staff recommend approval of this Ordinance
RECOMMENDED MOTION:
“I move to approve Council Bill No. 04-2026, an ordinance amending Chapter 7 of the
Wheat Ridge Code of Laws concerning write in candidate affidavits and that it takes
effect fifteen (15) days after final publication, as provided by Section 5.11 of the
Charter.”
Or,
“I move to postpone indefinitely Council Bill No. 04-2026, an ordinance amending
Chapter 7 of the Wheat Ridge Code of Laws concerning write in candidate affidavits for
the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 04-2026
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER MARTELL
Council Bill No. 04
Ordinance No. 1837
Series 2026
TITLE: AN ORDINANCE AMENDING CHAPTER 7 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING WRITE IN CANDIDATE AFFIDAVITS
WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority, the City Council has previously adopted
Chapter 7 of the Code of Laws, governing elections; and
WHEREAS, pursuant to the authority granted by CRS 31-10-306, the Council wishes
to provide a procedure governing write-in candidate affidavits of intent.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Chapter 7 of the Code of Laws is hereby amended by the adoption of
a new section 7-6, to read as follows:
Sec. 7-6 Write-in candidate affidavit.
NO WRITE-IN VOTE FOR ANY ELECTIVE OFFICE OF THE CITY SHALL BE COUNTED
UNLESS AN AFFIDAVIT OF INTENT HAS BEEN FILED WITH THE CITY CLERK BY THE
PERSON WHOSE NAME IS WRITTEN IN PRIOR TO SIXTY- FOUR (64) DAYS BEFORE THE
DAY OF THE ELECTION, INDICATING THAT SUCH PERSON DESIRES THE OFFICE AND IS
QUALIFIED TO ASSUME THE DUTIES OF THE OFFICE IF ELECTED.
Section 2. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 9th
day of February 2026, ordered published in full on the City’s website as provided by the
Home Rule Charter, and Public Hearing and consideration on final passage set for
February 23, 2026, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
ATTACHMENT 1
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of ___ to ___, this 23rd day of February 2026.
SIGNED by the Mayor on this _____ day of ____________, 2026.
_________________________________
Korey Stites, Mayor
ATTEST:
Onorina Maloney, Senior Deputy City Clerk
Approved as to Form:
_________________________________
Gerald E. Dahl, City Attorney
First Publication: February 10, 2026
Second Publication: February 24, 2026
Effective Date: March 11, 2026
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NUMBER: 4
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS,
COMMISSIONS, AND COMMITTEES
☐PUBLIC HEARING ☒BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
As of March 2, 2026, the terms of twenty-six Board, Commission, and Committee
members of the City of Wheat Ridge will expire. Additionally, there are three existing
vacancies to fill. These twenty-nine positions in total are to be filled or reappointed.
PRIOR ACTION:
Members of the City Council appoint members to Boards, Commissions, and
Committees annually and quarterly throughout the year when vacancies are filled. The
Mayor will appoint all Alternate and At-Large positions annually and quarterly when
vacancies are filled as well.
FINANCIAL IMPACT:
None
BACKGROUND:
Each year, the city advertises for residents who might be interested in volunteering on
one of the Boards, Commissions, or Committees. This year, positions were advertised
through a multi-week promotional campaign including the City’s website, social media,
email, and newsletters, as well as to the graduates of Wheat Ridge 101 and 102.
Simultaneously, letters were emailed to current Board, Commission, and Committee
members whose terms expire on March 2, 2026, asking if they were interested in
seeking reappointment.
RECOMMENDED MOTION:
Please see Attachment 1 for all recommended motions.
Council Action Form – Board, Commission, and Committee Annual Appointments
February 23, 2026
Page 2
REPORT PREPARED/REVIEWED BY:
Rhiannon Curry, Executive Assistant
Onorina Maloney, Sr. Deputy City Clerk
Patrick Goff, City Manager
ATTACHMENTS:
1. Motion Sheet for Council and Mayor Appointments
2. 2026 Board, Committee, and Commissions Application Packet
ATTACHMENT 1
2026 Boards, Commissions, &
Committees Annual Appointments
Mayor
“I request the appointment of Aspen Jacoby to the Alternate Board of Adjustment, term
to expire March 2, 2029” and
“I request the re-appointment of Terra Greer to the IDEA Committee, term to expire
March 2, 2029” and
“I request the appointment of Jenny Snell to the Council Liaison position on the IDEA
Committee, term to expire March 2, 2029” and
“I request the appointment of Jenny Snell to the newly formed Council Liaison position
on the Cultural Commission, term to expire March 2, 2029” and
“I request the appointment of Patrick Quinn to the newly formed Council Liaison
position on the Parks and Recreation Commission, term to expire March 2, 2029”
Mayor Pro Tem
“I move to ratify the Mayor’s recommendations as presented by the Mayor”
District I
“I move to re-appoint Al Gallo to the District I, Building Code Advisory Board, term to
expire March 2, 2029” and,
“I move to appoint Taylor Dupree to the District I, Cultural Commission, term to expire on
March 2, 2027” and,
“I move to appoint Wesley Hughes to the District I, Cultural Commission vacancy, term
to expire on March 2, 2029” and,
District II
“I move to appoint Dustin Brucher to the District II, Board of Adjustment, term to expire
March 2, 2029” and,
ATTACHMENT 1
“I move to appoint Celia Daly to the District II, Cultural Commission, term to expire
March 2, 2029” and,
“I move to appoint Katherine White to the District II, Parks and Recreation Commission,
term to expire on March 2, 2029” and,
“I move to appoint Kristine Disney to the District II, Planning Commission, term to expire
March 2, 2029”, and,
District III
“I move to re-appoint Laura Sicard to the District III, Board of Adjustment, term to expire
March 2, 2029” and,
“I move to re-appoint Kathy Plummer to the District III, Cultural Commission, term to
expire March 2, 2029” and,
“I move to appoint Kimberly Cross to the District III, Parks and Recreation Commission,
term to expire March 2, 2029” and,
“I move to appoint Simon McGowan to the District III, Planning Commission, term to
expire March 2, 2028”.
“I move to appoint Jennifer Gibbs to the District III, Planning Commission, term to expire
March 2, 2029”.
DISTRICT IV
“I move to appoint Andy Sulak to the District IV, Board of Adjustment, term to expire
March 2, 2029” and,
“I move to appoint Antonio Medina to the District IV, Cultural Commission, term to expire
March 2, 2029” and,
“I move to appoint Charlotte Kettering as an out of district appointment to, District IV,
Cultural Commission, term to expire March 2, 2027”.
“I move to appoint Pat Cervera to the District IV, Parks and Recreation Commission, term
to expire March 2, 2029”.
“I move to appoint Anna Sparks to the District IV, Planning Commission, term to expire
March 2, 2029”.
“I move to appoint Charlie Hood to the District IV, Renewal Wheat Ridge, term to expire
March 2, 2031”.
ITEM NUMBER: 5
DATE: February 23, 2026
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 14
SERIES OF 2026
TITLE: A RESOLUTION DECLARING CITY OF WHEAT RIDGE SUPPORT FOR
HUMAN DIGNITY AND CIVIL RIGHTS FOR ALL
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City Council is asked to consider a resolution affirming the City of Wheat Ridge’s
commitment to human dignity, civil rights protections, constitutional guarantees, and
maintaining community trust and public safety.
PRIOR ACTION:
No prior formal Council action has been taken on this specific resolution.
FINANCIAL IMPACT:
None
BACKGROUND:
The City of Wheat Ridge has long affirmed its commitment to inclusivity, constitutional
protections, and maintaining a safe and welcoming community for all residents. Recent
federal actions and national dialogue have generated concern and uncertainty among
members of the community regarding civil rights, due process, and enforcement
actions.
This resolution reaffirms the City’s core values as outlined in the adopted City Plan,
including being independent-minded, inclusive, and forward-looking. It further
acknowledges the importance of protecting First, Fourth, Fifth, and Fourteenth
Amendment rights and emphasizes the City’s commitment to transparency, fairness,
and lawful governance.
Council Action Form – Resolution Declaring City Support for Human Dignity
February 23, 2026
Page 2
The resolution also supports the rule of law and the Wheat Ridge Police Department,
while affirming that violations of constitutional protections at any level of government
undermine trust and public safety.
Adoption of this resolution signals the City Council’s commitment to justice rooted in
dignity, equity, accountability, and the protection of civil rights for all persons within the
community.
RECOMMENDATION:
None
RECOMMENDED MOTION:
“I move to approve Resolution No. 14-2026, a resolution declaring City of Wheat Ridge
support for human dignity and civil rights for all.”
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 14-2026
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 14
SERIES OF 2026
TITLE: A RESOLUTION DECLARING CITY OF WHEAT RIDGE SUPPORT FOR
HUMAN DIGNITY AND CIVIL RIGHTS FOR ALL
WHEREAS, the City of Wheat Ridge affirms that civil rights and human dignity are
foundational to a safe, thriving, and welcoming community, and we stand united in
protecting the inherent worth and equal protection of every person who calls our city
home; and
WHEREAS, an atmosphere of fear and uncertainty regarding federal enforcement
actions undermines the trust between our community and governmental institutions,
resulting in reduced safety for everyone; and
WHEREAS, we acknowledge the fear and uncertainty felt within our own
community and recommit ourselves to be present, transparent, and responsive to our
residents during this time; and
WHEREAS, democratic systems depend on open institutions, civic participation,
and the protection of individual rights, and the City Council recognizes the importance
of supporting these principles in its local governance; and
WHEREAS, the First Amendment of the U.S. Constitution protects the rights of all
persons within its borders to freedom of religion, expression and peaceable assembly,
the Fourth Amendment protects against warrantless searches, and the Fifth and
Fourteenth Amendments guarantee due process, the civil rights of both citizens and
non-citizens must be protected; and
WHEREAS, Wheat Ridge City Council supports the rule of law and our Wheat
Ridge Police Department, we will not ignore any injustice or unlawful behavior we see
where rights guaranteed by the U.S. Constitution are violated at any level; and
WHEREAS, the City of Wheat Ridge holds core values of being independent-
minded, inclusive, and forward-looking, as affirmed in the adopted City Plan; therefore,
we disavow actions that may unfairly target community members based on race, color,
or country of origin; and
ATTACHMENT 1
WHEREAS, Wheat Ridge is at its best when we overcome differences and stand
alongside community leaders and caring neighbors to stay vigilant and to take right
action to ensure everyone has safe access to a vibrant community life; and
WHEREAS, we must be a light of hope in challenging times and stand firm in our
commitment to a peaceful democracy and to strengthening our community while
protecting fairness and equal opportunity for all.
NOW, THEREFORE, BE IT RESOLVED THAT THE WHEAT RIDGE MAYOR AND CITY
COUNCIL are committed to ensuring that our local policies are consistent with our
dedication to justice rooted in dignity, equity, accountability, and the protection of civil
rights; we call upon all levels of governments to act in ways that strengthen, rather than
harm, the communities we serve; and this Council reaffirms its commitment to fostering
trust, promoting public safety, and ensuring that our community remains a place where
all people feel valued and protected.
DONE AND RESOLVED this 23rd day of February 2026.
_________________________
Korey Stites, Mayor
[SEAL]
ATTEST:
_____________________________________
Onorina Maloney, Sr. Deputy City Clerk