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Home My WebLink AboutC09-464 Senate Bill-1 Contract Admendment for Leadville Ops and Bus FacilityCONTRACT AMENDMENT Amendment Original Contract Original Amendment Amendment #1 CLIN/CMS # SAP-PO# CMS # SAP-PO# 10-HTD-02437 291000677 10-HTD-08009 291000677 1) PARTIES THIS AMENDMENT, made this Z-~~ day of (~UI~~LI~Y~ti~~Z. 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, 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 September 25, 2009, for Senate Bill 1, the up rpose 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: 17076.15.03 Fund: 400 Functional Area: 1510 Fund Center: DT510-010 Vendor Code: 2000124 Amendment #1 Amount: $5,000 Total Overall Contracted Amount: $900.000 On ~895.OO~J ~~ - 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 following paragraphs are hereby deleted in their entirety and replaced with the following language: a. Recital A: WHEREAS, 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 4510000010, Company Code 1000, CO Area 1000, WBS Element 17076.15.03, Fund 400, Functional Area 1510, Funds Center DT510-010, for a total available funds of $900,000. The maximum amount payable by the Department shall not exceed $585,000, which is 65% of the total available funds. The local match will be $315,000 which is 35% of the total available funds. 1 of 5 b. Second paragraph of Section 1. "Scope of Work and Conditions": The Local Agency has estimated the total cost the work to be $900,000, which is to be funded as follows: State funds: $585,000 Local Funds: $315,000 Other Funds (if applicable): $0 Total Funds: $900,000 7) START DATE This amendment shall take effect on the later of its Effective Date or October 1, 2009, as per CRS §24-30-202. 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 during the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. 2of5 THE PARTIES HERETO HAVE EXECUTED THIS AGREEXIE.N'T " Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. LOCAL AGENCY INITIALS STATE OF COLORADO ~~~ ~le o u nty ~ `_ ~ gy. ~-{~~'L Bill Ritter, Jr. GOVERNOR Name of Authorized Individual Colorado Department of Transporrition ~ ~ Russell George, Executive Director ~~ ~ ~~ Title: Ofticial Title of Authorized Individual By: rr DD `Signature Date: Date: ` ~ ~' ~~ 2nd The Local Agency Signature if Needed LEGAL REVIEW John W. Bothers, Attorney General By: Name of Authorized Individual By: Title: Signature -Assistant Attorney General Official Title of Authorized Individual *Signature Date: Dllte: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS 524-30-202 requires the State Controller to approve all State Agreements. "Phis Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorised 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 urovided hereunder. STATE CONTROLLER David J. McDermott, CPA Bv: Controller-Colorado Department of Transportation llate: 3 of 5 EXHIBIT A-SCOPE OF WORK AND CONDITIONS Recipient Organization: Eagle County Regional Transportation Authority 3289 Cooley Mesa Road, Box 1070 Gypsum, CO 8 1637-1070 Project Contact Information: David Johnson, Transit Planner Phone: 970.328.3524 Email: david.johnson@eaglecounty.us Fax: 970.328.3539 CDOT Contact Information: Tom Mauler Modal Programs Manager, Division of Transportation Development 4201 E. Arkansas Avenue Denver, CO 80222 Ph: (303) 757-9768 Fax: (303) 757-9727 Email Tom.Mauser@dot.state.co.us Project Overview: The Local Agency will design and construct a 6-bay storage facility in Leadville to succeed the current facility, which the Local Agency leases. The project location is a 2-acre site purchased by the Local Agency with local funds at the southeast corner of Highway 24 and County Road 6 in Lake County, CO. The facility will be dedicated almost entirely to bus storage; maintenance activities will be minimal, and there will be a small office and a restroom. The building will occupy 4,627 square feet, which comprises approximately one-third of the project property footprint. The other two-thirds will be comprised of parking and circulation. The final project will be a 6-bay storage facility, a 12-space parking area, and circulation. A finished building with heating ventilation, secure doors and surfaces for parking and circulation will constitute a finished product. Project Budget and Funding: The total funding sources for this particular contract are: State SB 1 Funding: $_585,000 Local Agency Required 20%r match: $145,000 Local Agency Additional 15~/~ Overmatch: $170,000 Total: $900,000 4 of 5 Funding for the facility is 659 Senate Bill I funds and 35% Local Agency, with the State contribution not to exceed $585,000 for the entire project. The Local Agency will provide the required ?0~/~ local m~ltch bUt has agreed to also provide an additional`15~1~ overmatch. For contracting purposes, only the ?O~k local match is referenced in the Recitals of this agreement to avoid processing delays by the State, but for reimbursement purposes the Local Agency is required to provide a m-nnnum 35~'c local match. A remaining balance of X5,000 has been budgeted for contracting by the State. The remaining funds are offered by the State through this amendment as funds have become available for budgeting. The Local Agency has already provided all of the required local match to make a total project budget of $900,000 for the entire project. SB 1 Funds will be dedicated to construction of the facility. The Local Agency's required 35% match will derive from design, engineering and construction. The Local Agency agrees to submit invoices for reimbursement no more than monthly. Contractor Selection Process: The design contractor and the construction contractor will be selected through an RFP or an IFB process that meets the State procurement guidelines. Environmental Clearances: The Local Agency is responsible for receiving all relevant environmental clearances from CDOT Region 3 prior to construction. Project Timeframe: The Local Agency expects to complete the project in the spring of calendar ?009. This will be dependent on the planning and environmental work required and the successful selection of a design contractor and construction contractor. State Interest: The State's interest in the facility is for the duration of 10 years. If during that period, the Local Agency wishes to withdraw the facility from the stated use, the Local Agency agrees to follow disposition procedures outlined in Section 6 of this Agreement and to notify and confer with the State. Project Measurement and Reporting: The Local Agency will submit annual documentation certifying that the project property is still being utilized for the purposes set forth herein. 5 of 5