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HomeMy WebLinkAbout2026-14 A Resolution Approving a State of Colorado Grant Agreement Modification between the Town of Vail and the Colorado Department of TransportationRESOLUTION NO. 14 Series of 2026 A RESOLUTION APPROVING A STATE OF COLORADO GRANT AGREEMENT MODIFICATION BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the Town and the Colorado Department of Transportation parties to a Grant Agreement , which was approved by the Town Council on or about September 17, 2024; and WHEREAS, the parties now wish to amend the Agreement, pursuant to the terms set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "Amendment"), to extend the Agreement to December 31, 2027 and to adjust the milestones in the Agreement to reflect the extended performance period. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Amendment in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the Amendment on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21st day of April 2026. _________________________ Barry Davis, Mayor ATTEST: Stephanie Kauffman, Town Clerk PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 1 of 9 State of Colorado Grant Agreement Modification Grant Agreement Amendment #1 State Agency Department of Transportation Grantee Town of Vail Original Agreement Number / PO Number 25-HTR-ZL-00036 / 491003710 Amendment Contract Number 25-HTR-ZL-00036-M0001 Agreement Performance Beginning Date September 18, 2024 Current Agreement Expiration Date December 31, 2027 Current Agreement Maximum Amount Initial Term State MMOF Funds Maximum Amount $750,000.00 Extension Terms Extension Term 1 $0.00 Agreement Total $750,000.00 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 TOWN OF VAIL By:_______________________ Russell Forrest, Town Manager Date: _________________________ GRANTEE TOWN OF VAIL By:_______________________ Stephanie Kauffman, Town Clerk Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Keith Stefanik, P.E., Chief Engineer Date: _________________________ In accordance with §24-30-202, C.R.S., this Agreement 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:_____________________ PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 2 of 9 1. Parties Grant Agreement shown on Agreement 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 Agreement shall be construed and interpreted in accordance with the Grant Agreement. 3. Amendment Effective Date and Term 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 changes to the Agreement 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 Agreement. 4. Purpose This amendment increases the performance period of the Original Grant Agreement by one year and updates the performance milestones of the Original Grant Agreement to reflect the additional time added. PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 3 of 9 5. Modifications The Agreement and all prior amendments thereto, if any, are modified as follows: A. The Agreement Initial Agreement Expiration Date on the Agreement Signature and Cover Page is hereby deleted and replaced with the Current Agreement Expiration Date shown on the Signature and Cover Page for this Amendment. B. The Agreement Maximum Amount table on the Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown on the Signature and Cover Page for this Amendment. C. Exhibit A: Statement of Work and Conditions of the Original Grant Agreement is hereby deleted and replaced with Exhibit A-1: Statement of Work and Conditions. 6. Limits of Effect and Order of Precedence This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, 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 Agreement to the extent that this Amendment specifically modifies those Special Provisions. PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 4 of 9 EXHIBIT A-1: STATEMENT OF WORK AND CONDITIONS Project Description 2022-MMOF-S: Intermodal/Mobility Hub Site Expansion Design Project End Date December 31, 2027 Subrecipient Vail, Town of UEID # R17RS3JCQZ68 Contact Name Tom Kassmel Vendor # 2000003 Address 75 South Frontage Road Vail, CO 81657-5096 Phone # (970) 479-2235 Email tkassmel@vailgov.com Indirect Rate N/A WBS* 25809.10.30 ALI N/A Total Project Budget $1,500,000.00 State MMOF Funds (at 50% or less) $750,000.00 Local Funds (at 50% or more) $750,000.00 Total Project Amount Encumbered via this Grant Agreement $750,000.00 A. Project Description Town of Vail shall use 2022 MMOF funds, along with local matching funds, to produce a set of conceptual drawings/places for the Intermodal/Mobility Hub Site Expansion Design (Capital Facility D/E Services) project as more fully described below. The project will support the goals of the Statewide Transit Plan. Town of Vail will retain a qualified firm (contractor) to complete a conceptual set of drawings/plans that outline the design, including environmental work, for the expansion of the existing Vail Village Transit Center, to accommodate additional transit vehicle capacity, emerging technologies, electric bus/vehicle charging, future autonomous vehicles, rider amenities, and allow for future expansion for an AGS station. In accordance with Chapter III of FTA Circular 4702.1B, a Title VI equity analysis will also be completed. Project Address: 241 East Meadow Drive, Vail, CO National Environmental Policy Act (NEPA): Town of Vail must ensure that the environmental consequences of its transportation project have been adequately considered and that required mitigation measures can be completed within the time frame and budget described in this Grant Agreement. An environmental clearance is required before final design, right-of-way acquisition, and/or construction funds are authorized. Town of Vail is working with CDOT and FTA on CatEX approval in order to meet the environmental requirements. Among those requirements, Environmental Justice considerations should be analyzed and documented, if applicable. For more information see Chapter 9.15 of the CDOT NEPA Manual, found at: https://www.codot.gov/programs/environmental/nepa-program/nepa-manual. Key Tasks/Deliverables: Unless instructed otherwise herein, Town of Vail shall provide electronic copies of the following to the CDOT Project Manager: Title VI equity analysis PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 5 of 9 Preliminary design drawings/plans Conceptual design drawings/plans B. Performance Standards 1. Project Milestones Milestone Description Original Estimated Completion Date Submit Procurement Concurrence Request (PCR) in COTRAMS for Project Manager Approval 10/3/2024 Submit Procurement Authorization (PA) and solicitation docs in COTRAMS for Project Manager Approval 1/8/2025 Submit Initial Reimbursement Request in COTRAMS 10/12/2025 Submit Initial Progress Report to Project Manager 10/12/2025 Take Delivery of (First) Project Deliverable(s) 11/1/2025 Take Delivery of and Accept All Project Deliverable(s)11/30/2027 Submit Final Reimbursement Request in COTRAMS 2/15/2028 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, 2027. 2. Performance will be reviewed throughout the duration of this Grant Agreement. Town of Vail 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; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 3. Town of Vail will be responsible for performing and adhering to the following design requirements: a. Prepare and provide preliminary design including drawings, plans, plats, descriptive or supportive material or special provisions and estimates b. If applicable, conduct and complete a Title VI Equity Analysis comparing the impact on minority and low-income persons of siting the facility at each potential location. Submit the Equity Analysis to CDOT for review and approval. c. Ensure all stages of design are in compliance with the requirements of the Americans with Disabilities Act (ADA), FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations, as well as the standards Accessibility Requirements. d. Upon reaching 30% design, work with CDOT and FTA (Region 8) on CatEX approval in order to meet NEPA environmental requirements prior to finalizing design work. PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 6 of 9 e. Prepare special provisions and estimates in accordance with any specifications as approved by CDOT. f. Include details of any required detours in the Plans, in order to prevent any interference in the construction work and to protect the traveling public. g. Afford CDOT ample opportunity to review and comment on the Plans and make changes to the Plans as directed by CDOT to comply with federal and state requirements. h. Ensure the Plans produced are stamped by Colorado Registered Professional Engineers and Architects. Plans must be reviewed and approved in accordance with all Town or LAHJ requirements and be permitted through the LAHJ. 4. Progress Reports a. Town of Vail shall submit to CDOT on a quarterly basis, or more frequently as requested by CDOT, a report describing the progress and expenditures made regarding the Work. Progress reports may include but are not limited to: i. Description of project component(s) completed to date, ii. Total project expenditures made to date, iii. Total MMOF expenditures made to date, and/or iv. Anticipated completion date of the remaining, incomplete project component(s). b. Town of Vail shall submit progress reports via email to the CDOT Project Manager, unless otherwise agreed to between them, as follows: Brian Saller at brian.saller@state.co.us. C. Project Budget 1. The Total MMOF Project Budget is $1,500,000.00. CDOT will pay no more than 50% of the eligible, actual project costs, up to the maximum amount of $750,000.00. CDOT will retain any remaining balance of the state share of MMOF Funds. Town of Vail shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from MMOF Funds for the state share of eligible, actual costs. For CDOT accounting purposes, the MMOF Funds of $750,000.00 will be encumbered for this Grant Agreement. 2. project will be allowed unless there is at the same time a refund or reduction of the state share of a proportionate amount. 3. share, together with the State MMOF Funds share, must be enough to ensure payment of the Total Project Budget. 4. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for use on this project. CDOT will administer MMOF funds for this project under the terms of this Grant Agreement, provided that the state share of MMOF funds to be administered by CDOT are made available and remain available. Town of Vail shall PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 7 of 9 initiate and prosecute to completion all actions necessary to enable Town of Vail 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. D. Procurement Procurement of the Capital Facility D/E Services will comply with state procurement procedures and the DTR Quick Procurement Guide. In addition to the state requirements outlined below, state procedures for design must be followed and will be outlined prior to procurement. 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. The third step, and prior to entering into a purchasing agreement or contract with the selected contractor, will be to obtain Purchase Authorization (PA) approval from the CDOT Project Manager through COTRAMS. The request for PA approval must include a copy of the solicitation documents. Per state guidelines, Town of Vail shall enter into a professional services contract with an architect/engineer or construction design may request review of the draft contract to ensure that the terms and conditions of the contract meet the requirements set forth in this Statement of Work and all federal and state requirements. 4. Town of Vail shall ensure, prior to the effective date of its contract with its chosen contractor that (a) its contractor has secured all licenses, certifications, permits, and other authorizations required to perform their obligations under such contract, and (b) shall ensure that all employees, agents, and subcontractors secure and maintain at all times during the term of their employment, agency, or subcontract, all licenses, certifications, permits, and other authorizations required to perform their obligations in relation to any subcontracts, and (c) all contractors and subcontractors agree to indemnify, save, and hold harmless CDOT, its employees, agents, and assignees (Indemnified Parties), against any and all costs, expenses, claims, damages, liabilities, by any of the Indemnified Parties in relation to any act or omission by such contractor or its employees, agents, subcontractors, or assignees in connection with any contract or subcontract. 5. Town of Vail shall be responsible for reimbursing the selected contractor within forty- five (45) calendar days after acceptance of the Capital Facility D/E Services. E. Reimbursement Eligibility Requests for reimbursement for eligible project costs will be paid to Town of Vail upon submission of a complete reimbursement packet in COTRAMS for those eligible costs incurred during the Grant Agreement effective dates. Accepted reimbursement packets will include the following completed documents: Independent Cost Estimate (ICE) (with the first reimbursement request) Procurement Concurrence Request (PCR) (with the first reimbursement request) Purchase Authorization (PA) (with the first reimbursement request) Invoice PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 8 of 9 Proof of Payment Town of Vail must submit the final invoice within sixty (60) calendar days of payment of the final invoice to the contractor, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement payment. F. Training In an effort to enhance transit safety, Town of Vail 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. Training must also be developed and delivered for new or updated plans, procedures, or rules applicable to facilities. Training programs should be developed to support the effective and safe implementation of revenue service through standard operation and maintenance practices. Training programs for critical safety and security practices should include qualification components, such as an exam or field practical to verify participants have retained and can skillfully executive the tasks assigned. Training documentation must be maintained to ensure all employees have met and continue to meet training requirements while employed by Town of Vail. G. Safety Data Town of Vail 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. H. Restrictions on Lobbying Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Grant Agreement. I. Special Conditions 1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the state award is used in accordance with state statutes, regulations, and the terms and conditions of the state award. 2. records and financial statements as necessary, with reasonable advance notice. 3. Except as provided in this Grant Agreement, Town of Vail shall not be reimbursed for any purchase, issued purchase order, or leased capital equipment prior to the execution of this Grant Agreement. 4. Town of Vail shall document any loss, damage, or theft of FTA- or state-funded property, equipment, or rolling stock in COTRAMS. 5. Town of Vail 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. 6. Town of Vail shall seek to ensure non-discrimination in its programs and activities by PO #: 491003710 Amendment Contract #: 25-HTR-ZL-00036-M0001 Page 9 of 9 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 7. Town of Vail 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. 8. Town of Vail 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. 9. Town of Vail 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, Town of Vail 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. 10. Town of Vail shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request.