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HomeMy WebLinkAbout2015-33 Amendment to IGA with CDOT for Bridge Road Replacement ProjectRESOLUTION NO. 33 Series of 2015 A RESOLUTION APPROVING AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING VAIL-BRIDGE ROAD STRUCTURE REPLACEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town currently has budgeted the required local match; and WHEREAS, the Federal Highway Administration (the "FHWA ") allocates funds for local transportation projects; and WHEREAS, the Town is requesting FHWA funds for the design of the Vail -Bridge RD replacement (the "Project "); and WHEREAS, the Colorado Department of Transportation ("CDOT ") is responsible for the general administration and supervision of performance by the Town for the Project: and WHEREAS, the Town and CDOT wish to enter into an Intergovernmental Agreement (the "IGA ") authorizing the design of the Project; and WHEREAS, the Council finds and determines that IGA is necessary and will promote the health, safety, morals, and general welfare of the Town; and WHEREAS, the Council's approval of Resolution No. 33, Series 2015, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular me g of the Town Council of the Town of Vail held this 20th day of October, 2015. N02,L ndrew P Daly, Town ayor EST: • Al, Pa McKe y, T n Clerk �••'• .••••. •• pRAD0 Resolution No. 31, Series of 2015 OLA #: N/A PO #:471000554 Project #: BRO M306-007 AMENDMENT Amendment No.: Original Agreement Routing No.: Amendment Routing No.: 1 15-HA3-75418 15-HA3-ZH-00065-M0002 1. PARTIES This Amendment to the above -referenced Original Agreement (hereinafter called the "Agreement") is entered into by and between TOWN OF VAIL (hereinafter called the "Local Agency"), and the STATE OF COLORADO (hereinafter called the "State") acting by and through the DEPARTMENT OF TRANSPORTATION (hereinafter called the "State" or "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 the Local Agency 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 the Agreement to disperse Federal funds to the Local Agency pursuant to CDOT's Stewardship Agreement with the Federal Highway Adminstration. 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 Agreement and any modification thereto were effective) as part consideration for this Amendment. 5. LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6. MODIFICATIONS The Agreement and all prior amendments thereto, if any, are modified as follows: Exhibit C to the Agreement is hereby deleted in its entirety and replaced with the document attached hereto as Exhibit C-1 and made a part hereof. As of the Effective Date, all references to Exhibit C shall now reference Exhibit C-1. 7. EFFECTIVE DATE OF AMENDMENT The effective date hereof is upon approval of the State Controller or their delegate. 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 Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Agreement or any amendment shall always control other provisions in the Agreement 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. Document Builder Genenued --- -- - —Page I of 2 -- THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * 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. ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized 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 provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD Colorado Department of Transportation Date: Document Builder Generated Page 2 of 2 STATE OF COLORADO John W. Hicicenlooper, GOVERNOR LOCAL AGENCY COLORADO DEPARTMENT OF TOWN OF VAIL TRANSPORTATION Shailen P. Bhatt, Executive Director By: (Print Name) Title (Print Title) By: Joshua Laipply, P.E., Chief Engineer *Signature Date: Date: Additional Local Agency Signature LEGAL REVIEW (If Necessary) Cynthia Coffman, Attorney General By: (Print Name) Title By: Assistant Attorney General (Print Title) Date: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized 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 provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD Colorado Department of Transportation Date: Document Builder Generated Page 2 of 2 30. EXHIBIT C-1 — FUNDING PROVISIONS A. Cost of Work Estimate The Local Agency has estimated the total cost of this Work to be $1,281,000.00, which is to be funded as follows: 1 BUDGETED FUNDS a. Federal Funds $1,024,800.00 (80% of Participating Costs) b. Local Agency Matching Funds $256,200.00 (20% of Participating Costs) TOTAL BUDGETED FUNDS $1,281,000.00 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 (0% of Participating Costs) b. Local Agency Local Agency Share of Participating Costs $0.00 Non -Participating Costs (Including Non - Participating Indirects) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (1 a) $1,024,800.00 b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,024,800.00 4 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount $1,281,000.00 Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: NOTE: Only the Design funds are currently available; the Construction funding will become available after federal authorization and execution of an Option Letter (Exhibit D) or Amendment. WBS Element 20095.10.301 Design 13020 1 $230,439.00 WBS Element 20095.20.101 Const 13301 $0.00 B. Matching Funds The matching ratio for the federal participating funds for this Work is 80% federal -aid funds (CFDA #20.205) to 20% Local Agency funds, it being understood that such ratio applies only to the $1,281,000.00 that is eligible for federal participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $1,281,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation and 100% of all non -participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $1,281,000.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $1,024,800.00 (For CDOT accounting purposes, the federal funds of $1,024,800.00 and the Local Agency matching funds of $256,200.00 will be encumbered for a total encumbrance of $1,281,000.00), unless such amount is decreased as described in Sections B. and C. 1. of this Exhibit C-1, or increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. NOTE: Only the Design funds are currently available; the Construction funding will become available after federal authorization and execution of an Option Letter (Exhibit D). It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure In the previous sentence) agreeable to the parties prior to bid and award. 1. The maximum amount payable shall be reduced without amendment when the actual amount of the local agency's awarded contract is less than the budgeted total of the federal participating funds and the local agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. A. of this contract. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving more than $750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non -Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. Ii. Expenditure exceeding than $750,000 -Highway Funds Only If the Local Agency expends more than $750,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding than $750,000 -Multiple Funding Sources If the Local Agency expends more than $750,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. Iv, Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit Is an allowable direct or indirect cost.