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HomeMy WebLinkAboutC09-349 ECO Section 5311 funds Contract AmendmentCONTRACT AMENDMENT Amendment Original Contract Original Amendment Amendment #1 CLIN # SAP-PO# CLIN # SAP-PO# 08-HTD-00077 291000353 09-HTD-00083 291000636 1) PARTIES THIS AMENDMENT, made this day of 20_, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation, 4201 E. Arkansas Avenue, Denver, CO 80222, hereinafter referred to as the State, and EAGLE COUNTY, P.O. Box 850, EAGLE, CO 81631, hereinafter referred to as the contractor. 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The parties entered into a contract dated March 31, 2008, for FTA-5311, the purpose for this amendment is described in Section 6 of this amendment. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in: G/L Account: 4518000010 Com an Code: 1000 CO Area: 1000 WBS Element: CO-18-0028.ECTA Fund: 400 Functional Area: 1510 Fund Center: D9715-415 Vendor Code: 2000124 Catalo Federal Domestic Assistance Number: CFDA 20.509-5311 Amendment #1 Amount: $312,500-Ca ital Total Overall Contracted Amount: $625,000 Ori . $312,500 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Contract. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective) as part consideration for this Amendment. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto (including option letters), if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS. The Contract and all prior amendments thereto, if any, are modified as follows: a. Funding update based on changes from state, federal, local match and/or local agency overmatch funds covering the term of March 31, 2008-December 31, 2009. b. The maximum amount payable by the State for Federal Transit Administration (FTA) 5311 contract as shown in Exhibit A is increased by $312,500 to a new total of $625,000 based on the project schedules in Exhibit A, and Exhibit A.1 (Capital)-which 1 of 6 ~o~- ~~9 are attached and incorporated hereto. The first sentence in Paragraph 1 of the contract is hereby modified accordingly. c. The total contract value to include all previous amendments, option letters, etc. is $625,000. 7) START DATE This amendment shall take effect on the later of its Effective Date or Month Day, Year. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO Eagle ounty Bill Ritter, Jr. GOVERNOR J ~ i~ Colorado Department of Transportation e Title: ~. ~'~r ~t--~~-- B : y For the Executive Director, Colorado Department of 'Signature Transportation Date~~Lti : ~.~ ~,.:_~' ~ ~ I Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obli ated to a Contractor for such erformance or for an oods and/or services rovided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Controller-Colorado Department of Transportation) Date: 2of6 EXHIBIT A.l 2009 SCOPE OF WORK AND CONDITIONS EAGLE COUNTY RURAL TRANSPORTATION AUTHORITY A. Standards of Performance The Grantee will provide a minimum of 1,000,000 one-way passenger trips per year, at a maximum operating and administrative cost of 8.56 per one-way passenger trip, a maximum cost of 5.04 per mile and a maximum cost of 1 18.95 per vehicle hour. Standards of performance will be measured, reported and averaged at ]east quarterly. Measurement of these standards will commence with the presentation of the Grantee's first monthly report and request for reimbursement. 2. Performance will be reviewed quarterly. The State will begin its review no later than 30 calendar days after each performance quarter. If the State's review determines the Grantee's performance does not meet the standards of performance set forth above in paragraph A.1., the following steps will be taken: a. The State will notify the Grantee in writing that performance does not meet the requirements of this Agreement. b. Thirty (30) calendar days after date of such notification, the Grantee will submit to the State a written explanation of the cause(s) of the substandard performance, which shall include a written plan for improving performance. c. The State will review the plan for improvement and notify the Grantee of its approval within 21 days. d. If the plan is approved by the Department, the Grantee will implement the plan immediately upon receipt of the State's notification. If the plan is not approved by the Department remedial measures will be determined on a case by case basis. Such remedial measures may include termination of this Agreement and return of the grant funds or capital equipment purchased with such funds, in accordance with the terms of Section 8. B. Project Budget 1. The net Project cost is estimated to be and shall be shared as follows: Capital Costs (CO-18-0028.ECTA) Federal Share (80%) $250,000 Local Share (20%) 62 500 TOTAL $312,500 2. The Project Cost shall not exceed the maximum allowable cost of 312 500. The State will pay no more than 80% of the eligible, actual capital costs up to the maximum federal amount of 250 000. The Grantee shall be solely responsible for all costs incurred in the Project in excess of the amount paid by the State from federal funds for the federal share of eligible, actual costs. In the event the final, actual Project cost is less than the maximum allowable cost of $312,500, the State is not obligated to provide any more than 80% of the eligible, actual capital actual costs. Up to one half of the Grantee's share for administrative and operating expenses may be provided from unrestricted federal funds. At least one half must be from sources other than federal funds. The Grantee's Share, together with the Federal share, shall be in an amount sufficient to assure payment of the net Project cost. The State shall have no obligation to provide State funds for use on this Project. The State will administer federal funds for this Project under the terms of this Agreement, provided that the federal share of FTA funds to be administered by the State are 3of6 made available and remain available. In no event shall the State have any obligation to provide State fiords or provide federal FTA fiords for the Grantee's share of the Project. The Grantee shall initiate and prosecute to completion all actions necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. 4. No refund or reduction of the amount of the Grantee's Share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. C. Reimbursement eligibility Requests for reimbursement for project costs will be paid to the Grantee upon presentation of invoice(s) to the State for eligible costs incurred after the date of execution of this Agreement as stated on page 1 through December 31, 2009 and within the limits of Section 2 of this Agreement. Grantees must bill the State for the federal share specified within the provisions set forth in Para,2raph E: Procurement of this Section or as otherwise specified by the State prior to the receipt of capital equipment. The federal share must be paid to the vendor whether or not the Grantee has received the reimbursement from the State Grantees who fail to ensure quick payment to vendors will be designated as a "High Risk Grantee" and could receive lower scores in future rg ant applications. D. Contract Ex iration The Agreement shall expire when the capital equipment no longer has a federal interest, as determined by the State. Federal interest is defined by service life of the capital equipment, which is determined by the State with guidance from the Federal Transit Administration. E. Project Description The Grantee shall perform all Project activities described in the application update submitted to the State on May 30, 2008 and as specifically described below. The application is incorporated herein by reference to the extent consistent with this Agreement. Grant Recipients (Grantees) Eagle County Regional Transportation Authority operates ECO Transit, the regional public transportation system in Eagle and Lake Counties. ECO Transit services the town centers of Dotsero, Eagle, Wolcott, Edwards, Avon, Eagle, Vail, Minturn, Red Cliff, and Leadville. ECO Transit operates regional bus service between Dotsero, Gypsum, Edwards, Eagle, Wolcott, Avon and Vail along Interstate 70 and Highway 6 and from Vail to Minturn, Redcliff and Leadville on Highway 24. ECO Transit provides bus service 24 hours per day, 7 days per week, 365 days per year, offering approximately 50% more service during the peak winter season (November to April). ECD Transit also provides complimentary ADA paratransit services within the minimum 3/a mile of its regional bus routes during the same hours and days of service as the fixed route regional buses. Section 5311 Project ECO Transit shall use capital funds provided in FY 2009 to purchase: One (1) ADA compliant, 40 foot long, 102 inch wide, DIESEL engine, BRT (Bus Rapid Transit) body style, low-floor model transit bus. 4of6 The bus will consist of a heavy-duty chassis with seating for a maximum of 40 ambulatory passengers. wheelchair accessibility via a ramp at the front door and two (2) wheelchair positions. The vehicle will be used to provide service described in the project description above. This grant award is expected to support ECO Transit offering 365 days of service and approximately 72,334 annual service hours and 1,591,350 annual route miles for calendar year 2008 (January 1 -December 31), as proposed in the application. The vehicle being replaced in the service fleet is: 1996 Gillig Phantom, Fleet/Service ID # 836, VIN # 8189; Approximately 600,000 miles Procurement: Procurement of this capital equipment purchase will be the responsibility of the Grantee and the Grantee will likewise be responsible for obtaining appropriate approval from the State at each stage of the procurement process, as instructed by the State. The grantee's procurement process shall comply with State procurement procedures, as well as Federal Transit Administration's requirements for Third Party Contracting outlined in Circular 4220.1 F 11-01-08 with specific procedural guidance provided by the Transit Unit staff. Procurement for this particular capital item is open to an agreement to piggyback onto an existing contract, as defined by the FTA with specific guidance provided by the State Transit Unit. The FTA funding share provided for this capital purchase is $250,000.00. F. Special Conditions of the Project 1. The Grantee will advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 2. The Grantee will provide comparable transportation services to persons with disabilities according to the Americans with Disabilities Act of 1990. 3. The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations. 4. Any costs reimbursed to the Grantee from other grant programs funds may not be listed as a cost to be shared by FTA on a reimbursement request (i.e., no double billing). 5. The Grantee shall maintain and report annually through submission of an annual report all information required by the National Transit Database and any other financial, fleet, service data set forth by the State for the purpose of annual reporting required of the State. 6. If the Grantee is unable to perform the activities described under paragraph E., Project Description of this section or must significantly change its level of service described herein, the Grantee shall notify the State in writing. 7. The Grantee must have State approval if FTA funds are to be used for payment of a lease or third- party contracts. 8. The Grantee shall not purchase, issue a purchase order, or lease capital equipment before the contract with the State has been executed. 5of6 G. Safety Data The Grantee shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by the State; the number and extent of passenger injuries or claims; and, the number and extent of employee accidents, injuries and incidents. H. Traininu In an effort to enhance transit safety, the grantee shall make a good faith effort to ensure that appropriate training of agency personnel is occurring and that personnel are update in appropriate certifications. In particular, the grantee shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and elderly and disabled persons. I. Restrictions on Lobbying The Grantee shall certify that it complies with P.L. 104-65, Section 10, amended from 49 CFR Part 19, Appendix A, Restrictions on Lobbying, prior to the expenditure of the Federal funds provided in this Agreement. J. Required Certifications The Grantee shall obtain pertinent certifications from vendors in its procurement actions (if applicable to the purchase). The Grantee shall maintain such certifications on file for inspection by the State or shall submit such certifications to the State if required. Such actions requiring certifications shall include, but not be limited, to the following: 1. Compliance with Bus Testing requirements, if a vehicle(s) is being procured under this Agreement. 2. Compliance with federal requirements regarding debarment, suspension and other responsibility matters (49 CFR 29.220(b)), for procurement exceeding $25,000. 3. Compliance with federal requirements regarding lobbying and disclosure of lobbying Activities for third party contractors as mandated by 31 U.S.C. 1352(b)(5), amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d). 4. Compliance with Buy America/FMVSS Pre-Award and Post-Delivery Review Requirements, if a vehicle(s) is being procured under this Agreement. 5. Compliance with federal requirements regarding Disadvantaged Business Enterprise (DBE) compliance and reporting requirements. 6 of 6 TERM SHEET 1) Requested hearing date: (First choice) 8/11/2009 (Sec 2) For County Manager signature: N/A 3) Requesting department: ECO Transit e 4) Title: Contract Amendment -FFY2009 Section 5311 funds awarded ECO Transit 5) Check one: Consent: X On the Record: 6) Staff submittin Harry N. Taylor, Director, ECO Transit 7) Pur ose: Each year, ECO Transit applies for Federal Transit Administration (FTA) Section 5311 funds for bus replacement. The agency intends to replace bus #836, which exceeds the manufacturer recommended and FTA sanctioned 12-year/500,000-mile replacement threshold. 8) Schedule: Signed Contract Amendment form shall be remitted to CDOT immediately to continue the process of acquiring $250,000 in 5311 funds. 9) Financial considerations: Total cost of the new 40-foot heavy-duty bus will not exceed $400,000. ECO Transit will receive $250,000 in 5311 funds; the remaining $150,000 will come from Fund 1155 capital funds, which are set aside for bus replacement. l/~~~ ~~ c ~~ n ~S~ ~ 9C~'"' e ~I~ ~~ ~ ~ ~-~---~ =--f .~ ~ ,~"' ~-'' ~ ~~~ ~ ~ ~' ~ ~~ ~,~ ~~~ ~w FORM ~~~i~t~. ~~+c,'rrt~+ rf~>rn~issianar~' Office EI~/'E~7 AUG 5 2009 EAGLE COUN`~`r A~aF~NEY __ ~._:~~ ao~4)O s,~(auao;~~ l~uno~ aifia~ i- :e;~ W~O~ Ol Sb' ~3AO~idd~1 ~,.