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HomeMy WebLinkAboutC17-380 Colorado Department of TransportationPO #! 491001144/ 16-HTR-ZL-00229 Routing #: 16-HTR-ZL-00229-M0005 GRANT AMENDMENT Amendment #: Original Grant Original SAP -PO#: Amendment Routing #: Amendment I CLIN/CMS #: 491001144 16-HTR-ZL-00229-M01)05 Routing PO #: 1 16-HTR-ZL-0022 1 491001144 1) PARTIES This Amendment to the above -referenced original Contract, (hereinafter called the "Grant"), is entered into by and between EAGLE COUNTY GOVERNMENT (hereinafter called "Grantee"), and the STATE OF COLORADO (hereinafter called the "State"), acting by and through the Department of Transportation. (hereinafter called "CDOT"). 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 on March 8, 2016, for FTA -531 I Program funds. The purpose for this amendment is to extend the grant and revise the scope of work and budget as described in Section 6 of this amendment. The Parties now desire to do the following: i. Delete in its entirety and Replace Section 5(A.) to extend end date of grant. ii. Delete in its entirety and Replace Section 6(A.) to change completion date of grant. iii. Delete in its entirety and replace Exhibit A with Exhibit A.1. iv. Delete in their entirety and replace all references to Exhibit A with Exhibit A.I . 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 Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Grant and any modification thereto were effective) as part consideration for this Amendment. If applicable, such Special Provisions are attached hereto and incorporated by reference herein. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Grant, and the Grant and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS a) Paragraph 5.A is hereby deleted in its entirety and replaced with the following language: A. Initial Term -Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on December 3I, 2019, unless sooner terminated or further extended as specified elsewhere herein. b) Paragraph 6.A is hereby deleted in its entirety and replaced with the following language: A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A.I on or before December 31, 2019. Except as provided in §7(B)(v), the State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. c) Exhibit A is hereby deleted in its entirety and replaced with Exhibit A.1. d) All references to Exhibit A in the grant are hereby deleted in their entirety and replaced with Exhibit A.1. Document Builder Generated Rev 12/09/2016 C17-380 Page I of 6 PON. 491001 14-11 M-HTft21-00229 Routing #: 16-HTR-ZL-00229-M0005 7) START DATE This Amendment shall take effect on the Effective Datc- 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 anti any of the provisions of the Grant, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Grant or any amendment shail always control other provisions in the Grant 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 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Document Builder Generated Paoc 2 of g Rev. I2/09C_'ol6 PO R: 491001 144 116-HTR-ZL-00229 Routing #.- 16-HTR-ZL 00229-M000S THE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT * Persons signing for The Grantee hereby swear and affirm that they are authorized to act on The Grantee's behalf and acknowledge that the Stale is rel in z on their representations to that effect Grantee STATE OF COLORADO EAGLE COUN Q RNMENT John W. Hickenlooper, Governor �� t t�N 1 . f�i-/ " "" Department of Transportation Shailen P. Bhatt, Executive Director Title: , t L By:�ar���.��fe� SignatureV-A Date:r� 11 _ - & 0 Signature* 2nd The Planning Agency Signature if Needed Signatory avers to the State Controller or delegate that, By. _ except as specified herein, Grantee has not begun (print name) performance or that a Statutory Violation waiver has been requested under Fiscal Rules Tale: (Print title) Date: Signature Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Grants. This Agreement is not valid until siened and dated below by the State Controller or delegate. The Grantee is not authorized to beein Performance until such time. Ir The Grantee begins eerforrning prior thereto, the State or Colorado is not obligated to pal The Grantee for such performance or for any -goods; and/or servicesprovided hereunder. STATE OF COLORADO STATE CONTROLLER Rqhert Ja s, C A, JD By:— __Jp Controller -Colors a epartment of Transportation Date: ' 67-4j Builder Generated Rev. 1 210 920 16 PO #: 491 M 144 ! 16 -Hifi -71x00229 Routing k: 16-Hist-ZIr0o229-M0005 EXHIBIT A.1 — SCOPE OF WORK AND BUDGET Eaule County — Eagle County RTA Title of Project 2015 5311 Eagle County RTA, Avon Station Bus Shelter Replacement ALI 11.33.02 Project Description Avon Station Bus Shelter Replacement Dec 2017 Recipient Eagle Count — Eagle County RTA DUNS 084024447 Contact Name Jared Barnes Vendor 2000124 Number Address 3289 Cooley Mesa Road Gypsum, CO 81637 Phone 970-328-3528 Email Jared.Bamcs@caglccounty.us Fax 970-328-3539 Project Budget *WBS 17-1 1.0037.ECOR Federal Share (at 80% or less) $120,000.00 Local Share (at 20% or more) $ 30,000.00 Total Project Budget $150,000.00 Total Project Amount Encumbered via this Grant Agreement $150,000.00 "The grants and line item WBS numbers may be replaced without changing the amount of the grant at CDOT's discretion. A. Agency Overview Eagle County Regional Transportation Authority (Eagle County RTA) provides fixed route regional service along the I-70 corridor from Vail to Gypsum, and along the Highway 24 corridor from Dowd Junction to Leadville. Eagle County RTA also provides complementary ADA paratransit service to origins and destinations within 314 -mile of the regular routes during the same hours of service or regular service. B. Project Description Eagle County RTA shall use FTA capital funds to construct a new heated bus shelter at the Avon Station transfer hub, replacing the existing bus shelter facility which is inadequate for the almost 400 passengers per day utilizing Avon Station as a beginning or transfer for a trip- The increase in shelter size along with the relocation of the bus shelter will better serve ECO transit riders as well as passing pedestrians moving through Avon Station. The new shelter is located at Avon Station which is completely within the Benchmark Road Right -of -Way and adjacent to 75 Benchmark Road in Avon, Colorado. Eagle County RTA shall perform all project activities as described in the grant application(s) submitted to the State on November 26, 2014. The application and application update are incorporated herein by reference to the extent consistent with this Grant. C. Performance Standards I - Project Milestones Grant Agreement with CDOT is Executed Oct 2017 Submit Procurement Process and Bid Package to CDOT Project Manager for Approval Dec 2017 Bid Package is Released (within 60 days of execution date) Jan 2018 Bids are Due (generally 30 days ram release date) i Mar 2018 Process Documentation Submitted to CDOT Project Manager for Concurrence Apr 2018 Submit Procurement Authorization to CDOT Project Mana er for Approval Apr 2018 Issue Purchase Order to Vendor for Project Property May 20I8 Take Delivery of Project Property Oct 2018 Submit Reimbursement Request (see Procurement Packet) to DTR Nov 2018 IMPORTANT NOTE: All milestones in this scope of work must be completed no later than the contract expiration date of December 31 2019. (current year, plus two) Document Builder Generated Page 4 of 8 Rev, 12/09/2016 PO #: 491001 144 / 16-M-Ztr00229 Routing #: 16-HTR-ZI,00229-M0005 2. Eagle County RTA will utilize the Project Property purchased through this project in its transit operations to achieve the performance goals established by CDOT. Eagle County RTA will comply with established CDOT requirements for maintenance of effort and effective utilization of equipment that maintains a State or Federal Interest. 3. Performance will be reviewed annually. If the State's review determines the Eagle County RTA performance does not meet the standards of performance set forth in this section, the following steps will be taken: a. The State will notify Eagle County RTA in writing that performance does not meet the requirements of this Grant. b. Thirty (30) calendar days after date of such notification, the Eagle County RTA 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 Eagle County RTA of its approval within 21 days. d. If the plan is approved by the Department, the Eagle County RTA 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 Grant and return of the grant funds or capital equipment purchased with such funds, in accordance with the terms of this grant. D. Project Budget 1. The Total Project Budget is estimated to be and shall be shared as follows: *WBS 17-11-0037.ECOR Federal Share (at 80% or less) $ 1 120,000 Local Share (at 20% or more) $ 30,000 TOTAL PROJECT BUDGET $ 1150,000 2. The Total Project Budget shall not exceed the maximum allowable cost of $ 150,000. The State will pay no more than 80% of the eligible, actual capital costs up to the maximum federal amount of $120,000. In the event the final, actual Project cost is less than the maximum allowable cost, the State is not obligated to provide any more than 80% of the eligible, actual capital costs. The State will retain any remaining balance of the federal share. Eagle County RTA 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. For CDOT accounting purposes, the 5311 Federal Funds of $120,000.00 (80%) and Local (matching) Funds of $30,000.00 (20%) will be encumbered for this Grant Agreement 3. No refund or reduction of the amount of Eagle County RTA 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. 4. Eagle County RTA may use federal funds for the local share, but those funds cannot be from other federal Department of Transportation (DOT) programs. Eagle County RTA share, together with the federal share, must be enough to ensure payment of Total Project Budget. 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 Grant, provided that the federal share of FTA funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State funds or provide federal FTA funds for Eagle County RTA share of the Project. Eagle County RTA shall initiate and prosecute to completion all actions necessary to enable Eagle County RTA to provide its share of the total project budget at or prior to the time that such funds are needed to meet the total project budget. Document Builder Generated Page 5 of 9 Rev. 12/09/2016 PO #: 491001144 / 16-HTR-ZL"003'-9 Routing #: 16-HTR-ZL-00229-MOOO.5 E. Contract Expiration This Grant will expire according to the terms and conditions of the Grant. The expiration date for this Grant is December 31, 2019. F. Procurement Procurement of this capital equipment will comply with State procurement procedures outlined in "A Handbook for the Procurement of Goods and Services using FTA/CDOT Funds, November 2009", (found at: hnp.-Ilutvir.culnrududot.ilrfn/lurrgru�rrs/lrrnisitcurdrui!/1rculsh/rruirsrt gruri!-progrun�s/prucrrrenu°�r! pnHries-and- pruc-lires/2009%20Prnc-urentettl%20HurndGookC,r20cuirl°Ir20,4ppettclic'esCk2OF1N-1L_11 !b_09.pdf/) as well as the FTA's requirements for Third Party Contracting outlined in Circular 4220. IF 11-01-08 (found at: lutp://ty viv fru.dor.goi/legislutivrr_!uu/12349 8641.hrun1). Where available, purchase by the Grantee of the capital equipment may be pursuant to the most current Slaic Price Agreement, (found at. hitp.-Mvii tv.gssa. cicuc.cu.ut/c n/purlcrl.ra�f/.rpPricrflgreeruenf+l3lCalegot �.xsp). In addition to the basic State requirements outlined below, Stale and FTA (where applicable) procedures for purchase of this Project Property must be followed and will be outlined prior to purchase. I. Before proceeding with the purchase directly from the vendor, Eagle County RTA shall submit Procurement Authorization along with a purchase orde for the Project Property to CDOT for approval. • If the Grantee is a non-profit organization. AND elects to use the State of Colorado State Price Agreement to purchase goods or services under this contract, the Grantee shall also submit an application to and be qualified by the Slate Procurement Office prior to proceeding with the purchase. 2. Once the purchase order is verified by CDOT and the Project Property is ordered, the State shall be notified of the agreed upon delivery date between the selected vendor and Eagle County RTA and MOT may choose to allend the delivery of the Projecl Property - 3. Upon delivery, the Eagle County RTA shall be responsible for having the Project Property inspected and accepted within ten (10) working days of delivery from the vendor; unless Project Property defects discovered during inspection prevents Eagle County RTA from accepting the Project Property in the 10 day time frame, of at which time the vendor will be contacted to rectify the issue(s) of concern. 4. Eagle County RTA shall be responsible for reimbursing the entire amount of the Project Property to the selected vendor within three (3) working days after acceptance of the Project Property, 5. It is Eagle County RTA's responsibility to pay the Project Property vendor in full under the terms of this contract, unless financial hardship is proven by the grantee that does not allow a grantee agency to pay the entire amount prior to seeking reimbursement from the State. CDOT must approve this hardship request in advance. In these cases, MOT will only approve the situation if the vendor is willing to accept payment within a 30 day timeframe and also willing to withhold title and Manufactures Statement of Origin (MSO) paperwork until full payment is received from the grantee. Title paperwork can also be sent to MOT to withhold if the vendor deems necessary. The Federal Share provided for this capital purchase is $ 120,000. G. Reimbursement Eligibility Requests for reimbursement for project costs will be paid to Eagle County RTA upon presentation of invuice(s) to the State for eligible costs incurred after the dale of execution of this Grant through December 31, 2019 and within the lintits of this Grant. Grantees must bill the State for the state sharespecified within the provisions set forth in Pam ra h F. Procurement gr as otherwise seecified-by the State priar to the receipt of capital eg ui menl. The state share must he paid to the vendor whether or not the Grantee has received the reimbursement from the State Mcumcm Builder Generated page 6 of 8 Rev. 1 2109120 1 6 PO H: 491001 144 / 16-H7 R-ZL,-00229 Routing M: 16•HTR-ZLr00229-M0005 Grantees who fail to ensure nuick payment to vendors will be designated as a "High Risk Grantee" and could receive lower scores in future Brant applications. H. Federal Interest -Service Life Federal Interest in the Project Property will expire as determined by the State. Federal Interest is defined by the service life of the capital equipment, which is determined by the State. 1. No later than three (3) days after the purchase and acceptance of the Project Property, Eagle County RTA shall provide, in writing, to the State a "Certificate of Procurement and Acceptance" form. 2. Federal Interest of the Project Property is based on and applied to the useful life of the Project Property. 3. Eagle County RTA shall not sell or otherwise release the Project Property to any party while there is Federal Interest in the Project Property without written approval from the State. I. Training In an effort to enhance transit safety, Eagle County RTA shall make a good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriate certifications. In particular, Eagle County RTA shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting elderly and disabled clients. J. Safety Data Eagle County RTA 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. K. Restrictions on Lobbying Eagle County RTA 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 Grant. L. Special Conditions I . Eagle County RTA will ensure contractors comply with the Federal Transit Administration Drug and Alcohol Regulations. 2. Any costs reimbursed to Eagle County RTA from other grant programs funds may not be Iisted as a cost to be shared by FTA on a reimbursement request (i.e., no double billing). 3. Eagle County RTA 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. 4. If Eagle County RTA is unable to perform the activities described under Paragraph B., Project Description, or must significantly change its level of service described herein, the Grantee shall notify the State in writing. 5. Except as provided in §7(B)(v), Eagle County RTA shall not be reimbursed for any purchase, issued purchase order, or ]eased capital equipment before the contract with the State has been issued. 6. Eagle County RTA must obtain State approval if FTA funds are intended to be used for payment of a lease or for third -party contracts. 7. Eagle County RTA sub -grantees must maintain bus safety records, if applicable. These records must be Document Budder Generated Page 7 of B Rev. 12/09no 16 PO N. 491001 144 / 16-HTR-ZLr00229 Routing #: 16•HTR-ZIr00229-M005 submitted to the State, if the State requests them, The records may include the number of vehicle accidents within certain time frames as requested by the State, the number and extent of passenger injuries and claims, and the number and extent of employee accidents, injuries, and incidents. 8. Eagle County RTA sub -grantees must demonstrate a good faith effort to provide, and certify as applicable, safety-related training for drivers and other appropriate personnel. 9- Eagle County RTA shall advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 10. Eagle County RTA will provide comparable transportation services to persons with disabilities according to the Americans with Disabilities Act of 1990. 11- Meal delivery for homebound individuals must not conflict with p{oviding public transportation service or reduce service to public transportation passengers. 12. Eagle County RTA will work cooperatively with CDOT to market and/or publicize this project as requested by CDOT. Such efforts may include ribbon cutpngs, news articles, photos, and/or other media to be supplied by Eagle County RTA as appropriate. Document Builder Generated Page 8 of B Rev. 12M9R016