HomeMy WebLinkAboutC23-323 CDOT_grant agreement FASTER PO # / SRM #: 491002823 / 22-HTR-ZL-00149
Routing #: 22-HTR-ZL-00149-M0002
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STATE OF COLORADO AMENDMENT (1)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Subaward Amendment Number / PO Number
22-HTR-ZL-00149-M0002 / 491002823
Grantee
EAGLE COUNTY
Original Subaward Agreement Number / PO Number
22-HTR-ZL-00149 / 491002823
Current Grant Agreement Amount
Subaward Agreement Performance Beginning Date
February 17, 2022
Settlement Funds Maximum Amount
State Fiscal Year 2022
Local Funds
Total for all State Fiscal Years
$145,000.00
$0.00
$145,000.00
Current Agreement Expiration Date
December 31, 2024
Current Fund Expenditure End Date
December 31, 2024
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
GRANTEE
EAGLE COUNTY
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: 74BBBDE0-FA15-45AE-81B4-226518917313
10/10/2023
Kathy Chandler-Henry
County Commissioner
Keith Stefanik
Chief Engineer
10/10/2023
10/10/2023
PO # / SRM #: 491002823 / 22-HTR-ZL-00149
Routing #: 22-HTR-ZL-00149-M0002
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1) PARTIES
This Amendment (the “Amendment”) to the Original Grant shown on the Signature and Cover Page for this
Amendment (the “Grant”) is entered into by and between the Grantee, and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Grant shall be construed and interpreted in accordance with the Grant.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay Grantee for any Work performed or
expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Grant contained herein shall
commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and
shall terminate on the termination of the Grant.
4) PURPOSE
The purpose for this Amendment is to revise the Statement of Work and Budget as described in Section 5.
5) MODIFICATIONS
The Subaward and all prior amendments thereto, if any, are modified as follows:
A. Exhibit A is hereby deleted and replaced with Exhibit A.1.
B. All references to Exhibit A in the Subaward and any amendments ar e hereby deleted in their entirety
and replaced with Exhibit A.1.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Grant, and the Grant and all prior amendments or other
modifications to the Grant, if any, remain in full force and effect except as specifically modified in this
Amendment. Except for the Special Provisions contained in the Grant, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Grant or any prior modification to the Grant, the provisions of this Amendment shall in all respects
supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control
over the Special Provisions contained in the Grant to the extent that this Amendment specifically modifies those
Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: 74BBBDE0-FA15-45AE-81B4-226518917313
PO # / SRM #: 491002823 / 22-HTR-ZL-00149
Routing #: 22-HTR-ZL-00149-M0002
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EXHIBIT A.1 – STATEMENT OF WORK AND BUDGET
Project Description 2022 Settlement ECOR One charger
Project End Date December 31, 2024
Subrecipient Eagle County DUNS # 084024447
Contact Name Jared Barnes Vendor # 2000124
Address PO Box 1070
Gypsum, Colorado 81637-1070
Phone # (970) 328-3528
Email jared.barnes@eaglecounty.us Indirect Rate N/A
WBS* 24576.10.50 ALI 11.52.20
Total Project Budget $145,000.00
Settlement Program Funds $145,000.00
Other Grant Program Funds $0.00
Local Funds $0.00
Total Project Amount Encumbered via this Grant Agreement $145,000.00
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Definitions
1. Acquisition vehicle(s): The specific alternative-fueled bus or buses identified herein to replace the
qualifying vehicle(s) of like size, capacity, and class.
2. Colorado Beneficiary Mitigation Plan (BMP): The State of Colorado’s Beneficiary Mitigation
Plan summarizes how Colorado plans to use funds in the Volkswagen Diesel Emissions
Settlement Trust (Trust), of which the State of Colorado was designated an eligible beneficiary,
including the certain categories of eligible mitigation actions determined appropriate to achieve
the goals of the Trust. For this Statement of Work, this definition refers to the 2018 BMP.
3. Charging equipment: Devices specifically associated with and required for the operation of the
electric vehicle(s) purchased with Settlement Program funds.
4. Equipment installation: Work and materials associated with and required for the installation of
eligible charging equipment.
5. Incremental cost: The difference between the cost of a conventional-fueled bus of like size,
capacity, and class to a qualifying vehicle and the cost of an acquisition vehicle, as related to the
incentive formula defined in the BMP .
6. Qualifying vehicle(s): The specific conventional-fueled bus(es) identified herein for replacement
which is drivable and has been registered, insured, and operated in Colorado for the previous two
(2) years.
a. Operated: Three (3) or more preventative maintenance cycles OR 15,000 or more transit
revenue service miles OR 1,250 or more transit revenue service hours amassed during the
previous two (2) years.
7. Scrapped vehicle(s): The specific qualifying vehicle(s) being replaced and scrapped as required by
the Trust and BMP.
8. Scrapping (also scrap, scrapped): The specific action required by the Trust and BMP that the
qualifying vehicle(s) replaced by the acquisition vehicle(s) purchased with Settlement Program
DocuSign Envelope ID: 74BBBDE0-FA15-45AE-81B4-226518917313
PO # / SRM #: 491002823 / 22-HTR-ZL-00149
Routing #: 22-HTR-ZL-00149-M0002
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funds be rendered inoperable and available for recycle, which includes cutting the vehicle(s)
chassis frame rails completely in half and cutting a 3-inch hole in the engine block.1
9. Settlement Program: CDOT’s Settlement Transit Bus Replacement Program, as defined in the
BMP.
B. Project Description
Eagle County shall use 2021 Settlement Program funds to purchase one chargers as more fully described below. The
purchase will support the goals of the Statewide Transit Plan and the BMP.
Eagle County shall use Settlement Program funds to purchase the following charging equipment and equipment
installation:
ALI Name QTY Description Amount
11.52.20 1 One charger and equipment installation $145,000.00
C. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
12/31/2021
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager
for Approval
2/28/2022
Take Delivery of (First) Vehicle/Equipment/Project Property 6/30/2024
Take Delivery of and Accept All Vehicles/Equipment/Project Property 7/31/2024
Submit Reimbursement Request in COTRAMS 9/30/2024
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Grant Agreement: December 31, 2024.
2. Eagle County shall use the charging equipment purchased in its transit operations and shall
perform regularly recurring maintenance with specific performance measures tied to Eagle
County’s written maintenance plans, and to those included in manufa cturer’s recommendations
and warranty program(s). Eagle County will measure whether this project is successful and
improves the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Grant Agre ement. Eagle County
shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met or are anticipated to not be met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. Eagle County must comply and submit all reimbursements and reports associated as a condition of
project closeout.
5. Performance Reporting Requirements:
1 Equipment and vehicle components that are not part of the engine or chassis frame rails may be salvaged from the
qualifying vehicle(s) (such as seats, tires, security cameras, ITS systems, etc.) in accordance with this Grant
Agreement.
DocuSign Envelope ID: 74BBBDE0-FA15-45AE-81B4-226518917313
PO # / SRM #: 491002823 / 22-HTR-ZL-00149
Routing #: 22-HTR-ZL-00149-M0002
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a. Eagle County agrees to collaborate with CDOT to support research and analytical
initiatives related to the project that mutually benefit the successful implementation and
operation of the project, which may include, among other things, sharing with or
providing access to CDOT or its designee to telemetric data generated by the charging
equipment (if any).
D. Project Budget
1. The Total Project Budget is $145,000.00. CDOT will pay no more than the eligible, actual project
costs, up to the maximum amount of $145,000.00. CDOT will retain any remaining balance of the
Settlement Program funds. Eagle County shall be solely responsible for all costs incurred in the
project in excess of the amount paid by CDOT from Settlement Program funds for eligible, actual
costs. For CDOT accounting purposes, the Settlement Program funds of $145,000.00 will be
encumbered for this Grant Agreement.
2. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for
use on this project. CDOT will administer Settlement Program funds for this project under the
terms of this Grant Agreement, provided that the share of Settlement Program funds to be
administered by CDOT are made available and remain available.
E. Procurement
Procurement of the charging equipment and equipment installation will comply with state procurement procedures
and the DTR Quick Procurement Guide. In addition to the state requirements outlined below, state procedures for
purchase of the charging equipment must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Eagle County shall request
a Purchase Authorization (PA), and submit a vendor quote for the charging equipment in
COTRAMS.
4. Upon delivery, Eagle County shall be responsible for having the charging equipment inspected
and accepted within fifteen (15) calendar days of delivery. If defects prevent acceptance of the
charging equipment, Eagle County will contact the vendor to resolve any defects and notify
CDOT.
5. Eagle County shall be responsible for reimbursing the selected vendor within forty-five (45)
calendar days after acceptance of the charging equipment.
F. Reimbursement Eligibility
Reimbursement for eligible project costs incurred will be paid to Eagle County according to the requirements below
for those eligible costs incurred during the Grant Agreement effective dates.
Request for reimbursement shall be made following Eagle County’s acceptance of and payment for the charging
equipment and equipment installation. 100% of final, eligible charging equipment and equipment installation costs
will be reimbursed upon Eagle County’s submission in COTRAMS of a reimbursement packet that includes the
following completed documents:
Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA)
DocuSign Envelope ID: 74BBBDE0-FA15-45AE-81B4-226518917313
PO # / SRM #: 491002823 / 22-HTR-ZL-00149
Routing #: 22-HTR-ZL-00149-M0002
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Invoice
Proof of Payment
Eagle County must submit the final invoice within sixty (60) calendar days of December 31, 2024, and submit a
Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final
reimbursement payment.
G. State Interest-Service Life
CDOT maintains a share of the remaining value of state assisted property upon disposition before the end of it s
useful life or for assets with a value greater than $5,000 after the useful life has been met, according to the
provisions of the State Management Plan.
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and cont inues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with the State Management Plan.
Eagle County shall not dispose or otherwise release, sell or otherwise transfer the State funded assets to any other
party while there is remaining state interest without approval from the CDOT Project Manager.
Eagle County is responsible for making the request to the CDOT Project Manager in a timely manner, providing
appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process
the release of a lien.
CDOT and Eagle County will work in conjunction with Department of Revenue (DOR) to assure the lien is released
according to state rules.
H. Training
In an effort to enhance transit safety, Eagle County and any subrecipients and subcontractors 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 shall ensure that driving personnel are provided
professional training in defensive driving and training on the handli ng of mobility devices and transporting older
adults and individuals with disabilities.
I. Safety Data
Eagle County and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may
include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries and incidents.
J. Special Conditions
1. Eagle County will comply with all requirements imposed by CDOT on Eagle County so that the
Settlement Program grant is used in accordance with BMP, state statutes, regulations, and the
terms and conditions of this Grant Agreement.
2. Eagle County must permit CDOT and their auditors to have access to Eagle County’s records and
financial statements as necessary, with reasonable advance notice.
DocuSign Envelope ID: 74BBBDE0-FA15-45AE-81B4-226518917313
PO # / SRM #: 491002823 / 22-HTR-ZL-00149
Routing #: 22-HTR-ZL-00149-M0002
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3. Except as provided in this Grant Agreement, Eagle County shall not be reimbursed for any
purchase, issued purchase order, or leased capital equipment prior to execution of this Grant
Agreement.
4. Eagle County shall ensure that it does not exclude from participation in, deny the benefits of, or
subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
5. Eagle County shall seek to ensure non-discrimination in its programs and activities by developing
and maintaining a Title VI Program in accordance with the “Requirements for FTA Su brecipients”
in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI
Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s
compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles
of environmental justice in planning, project development and public outreach in accordance with
FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration
Recipients.”
6. Eagle County will provide transportation services to persons with disabilities in accordance with
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
7. Eagle County shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
8. Eagle County shall ensure that it will comply with the Americans with Disabilities Act, Section
504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules
and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Eagle County
shall require its subrecipients and/or contractors to provide a statement of written assurance that
they will comply with Section 504 and not discriminate on the basis of disability.
9. Eagle County shall agree to produce and maintain documentation that supports compliance with
the Americans with Disabilities Act to CDOT upon request.
DocuSign Envelope ID: 74BBBDE0-FA15-45AE-81B4-226518917313
