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HomeMy WebLinkAbout2020-51 IGA with CDOT Grant AmendmentRESOLUTION NO. 51 Series of 2020 A RESOLUTION APPROVING AN AMENDMENT TO A GRANT AGREEMENT BETWEEN THE TOWN OF VAIL AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, The Town and the Colorado Department of Transportation (CDOT are parties to a certain STER funds dated February 26, 2020 ; and WHEREAS, the parties wish to amend the Original Agreement to extend the Original Agreement and to provide for revisions to the statement of work as set forth in the State of Colorado Amendment, attached hereto as Exhibit A and made a part hereof by this reference Amendment . 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 15th day of December 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 1 of 9 STATE OF COLORADO AMENDMENT (1) SIGNATURE AND COVER PAGE State Agency Department of Transportation Grant Amendment Number / PO Number 20-HTR-ZL-03179-M0002 / 491002132 Grantee TOWN OF VAIL Original Grant Agreement Number / PO Number 20-HTR-ZL-03179 / 491002132 Current Grant Agreement Amount Grant Agreement Performance Beginning Date February 26, 2020 Amended Agreement Expiration Date December 31, 2021 FASTER Funds Maximum Amount (80%) Local Funds Local Match Amount (20%) Agreement Total $1,099,920.00 $274,980.00 $1,099,920.00 Amended Fund Expenditure End Date December 31, 2021 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: , Date:_______________________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By: _________________________________________ Shoshana M. Lew, CDOT Executive Director ____________________________________________ Signature* Signatory avers to the State Controller or delegate that, except as specified herein, Grantee has not begun performance or that a Statutory Violation waiver has been requested under Fiscal Rules 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:_____________________ PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 2 of 9 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 extend the agreement, and revise Exhibit A - Statement of Work and Budget as described in Section 5. 5) MODIFICATIONS The Grant and all prior amendments thereto, if any, are modified as follows: A. The Initial Agreement Expiration Date on the Grant Agreement’s Cover Page is hereby deleted and replaced with the Amended Agreement Expiration Date shown on the Signature and Cover Page for this Amendment. B. The Fund Expenditure End Date on the Grant Agreement’s Cover Page is hereby deleted and replaced with the Amended Fund Expenditure End Date shown on the Signature and Cover Page for this Amendment. C. Exhibit A is hereby deleted and replaced with Exhibit A.1. D. All references to Exhibit A in the Grant and any amendments are hereby deleted in its 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 PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 3 of 9 EXHIBIT A.1 – STATEMENT OF WORK AND BUDGET Project Description 2020-FASTER: Transit Facility Electric Svc Upgrades & Install Chargers Project End Date December 31, 2021 Sub-recipient Vail, Town of DUNS #075753293 Contact Name Greg Hall Vendor #2000003 Address 75 S Frontage Rd Vail, CO 81657-5096 USA Phone (970) 479-2160 Email ghall@vailgov.com Indirect Rate N/A WBS*23273.10.50 ALI Total Project Budget $1,374,900.00 State FASTER Funds (at 80% or less) $1,099,920.00 Local Funds (at 20% or more) $274,980.00 Total Project Amount Encumbered via this Grant Agreement $1,099,920.00 *The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Project Description The Town of Vail is in the process of a seven (7) bus replacement project which will begin fleet transition to battery electric buses through established fleet replacement schedules. This project is currently being supported with a 2017 FTA Low or No Emissions Section 5339(c) award of electric battery buses and is part of a long-term fleet replacement plan. This specific project relates to the infrastructure needed to upgrade the Town of Vail bus barn to support depot charging of a battery-electric bus fleet. Currently, the bus barn houses diesel and hybrid buses and needs significant electrical upgrades to accommodate fleet-scale charging of battery electric buses. The Town of Vail will use the 2020 FASTER funds, along with local matching funds, to support the upgrade of the power supply and installation of chargers at the bus barn facility. The project will support the goals of the Statewide Transit Plan. Salient features for this project are: Consultant selection process, design and entitlement process, including approval from the electric utility provider, contractor selection process and procurement, construction of approved improvements, project turnover and closeout. Procurement /Project Delivery Method: The project will utilize the Design-Bid-Build method of delivery. The town may select CM/GC as a contractor selection process. Town of Vail will select a construction firm within six months of the execution of this grant agreement. Project Location: 1289 Elkhorn Drive, Vail, CO 81657 National Environmental Policy Act (NEPA): The 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 the application. An environmental clearance is required before final design, right-of-way acquisition and construction funds are authorized. Contact the CDOT Project Manager for guidance concerning 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 . PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 4 of 9 Right of Way: Even though the Town of Vail does not anticipate additional Right of Way needed for this project at the time of execution of this grant agreement, the Town of Vail shall consult the CDOT Region 3 Right of Way Manager and determine whether the Town of Vail shall submit information sufficient to demonstrate the entirety of the Project, including but not limited to the vault, transformer and service line installations, can be implemented entirely on property owned and/or controlled by the Town of Vail. In the event it is determined the Project requires the acquisition of real estate interests, whether permanent or temporary, the acquisition of such interests must be conducted in compliance with the Uniform Relocation & Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), applicable Colorado state statutes, and the CDOT Right of Way Manual. Persons or firms involved in the valuation and acquisition of real estate interests required for the Project must be qualified by CDOT to perform those functions. Please direct all right of way related communications to: Tim Woodmansee CDOT Region 3 Right of Way Manager 222 S. 6th Street, Room 317 Grand Junction, CO 81501 Phone: 970-683-6224 Email: tim.woodmansee@state.co.us Utilities: The project is required to comply with CRS 9-.5-101 through 108 regarding subsurface utility engineering (SUE). If the project meets the four criteria listed within the aforementioned Colorado Revised Statute, a SUE investigation will be required. For more additional information, please relay your questions to: Joe Carter CDOT Region 3 Utility Engineering Program Manager 222 S. 6th Street, Room 317 Grand Junction, CO 81501 Phone: 970-683-6209 Email: joseph.carter@state.co.us Design: Work including preliminary design or final design (the "Construction Plans"), design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), requires that the Grantee comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work; b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by COOT; c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Grantee specifications if approved by COOT; d. include details of any required detours in the Plans, in order to prevent any interference of the construction Work and to protect the traveling public; e. stamp the Plans produced by a Colorado Registered Professional Engineer; f. provide final assembly of Plans and Grant documents; g. be responsible for the Plans being accurate and complete; and PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 5 of 9 h. make no further changes in the Plans following the award of the construction contract except in writing approved by all the Parties. The Plans shall be considered final when approved and accepted by the Parties hereto, and when final they shall be deemed incorporated herein. Construction: 1. Work including construction requires that, the Town of Vail perform the construction and construction administration in accordance with the approved Plans and CDOT oversight. Such administration shall include Project inspection and testing; performing required plant and shop inspections; documentation of grant payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for Grant modification orders and minor subgrant revisions; processing Subgrantee claims; construction supervision; 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Grantee, due to the failure of the Grantee or its Subgrantee to correct Project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. Grantee- Town of Vail: a. shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Grantee Project Engineer ("LAPE"), to perform that administration. The LAPE shall administer the Project in accordance with this Grant, the requirements of the construction sub grant and applicable State procedures. b. if bids are to be let for the construction of the Project, it shall advertise the call for bids upon approval by the State and award the construction subgrant(s) to the low responsible bidder(s) upon approval by the State. (l) In advertising and awarding the bid for the construction, the Grantee shall comply with applicable requirements of 23 USC § 112, 23 CFR Parts 633 and 635, and CRS §24-92-10 I et seq. Those requirements include, without limitation, that the Grantee/Subgrantee shall comply with terms and conditions as required by 23 CFR §633.102(e). (2) The Grantee has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Grantee must declare the acceptance or rejection within 15 working days after said bids are publicly opened. (3) By indicating its concurrence in such award, the Grantee, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this Project if no additional State funds will be made available for the Project. This paragraph also applies to Projects advertised and awarded by the State. Project Administration and Approvals: Town of Vail and/or consultant will provide day to day oversight of the plans and construction. CDOT will provide oversight of the project, including Procurement and Invoice Approval. Key Tasks/Deliverables: Obtain CDOT approval for procurement /advertisement (PCR) for Design Consultant Advertise for bids for Design Consultant Obtain CDOT approval of Procurement Authorization (PA) for award for Design Consultant (Design consultant should subcontract a SUE consultant as a SUE investigation is required for the project. Utility coordination shall be performed by the Design Consultant.) This should be reflected in the Milestone Table below in Section B PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 6 of 9 Award Selected Design Consultant Complete the final design (Town of Vail shall notify CDOT two weeks in advance so CDOT staff can review the final design along with Town of Vail) Conduct environmental clearance process Obtain utility agreements Prepare construction cost estimates Obtain CDOT approval for procurement /advertisement (PCR) for Construction Contractor Advertise for bids for Construction Contractor Obtain CDOT approval of Procurement Authorization (PA) for Construction Contractor Award selected construction contractor Conduct pre-construction conference (CDOT staff will participate in the conference along with Town of Vail) Monitor construction process Conduct Final Project Inspection (CDOT staff will participate in the inspection along with Town of Vail) Submit monthly reimbursement requests to CDOT. Process the final reimbursement request upon project closeout CDOT, or a CDOT-authorized Construction PE Consultant, will be involved in some manner in most of the activities listed above. B. Performance Standards 1. Project Milestones 2. Town of Vail shall use the Capital Asset(s) purchased for its transit operations and shall perform regularly recurring maintenance with specific performance measures tied to Town of Vail’s written maintenance plans, including manufacturer’s recommendations and warranty program(s). Town of Vail 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 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. Milestone Description Original Estimated Complete Date Design Consultant RFP Issued 1/31/2020 Select Design Contractor 2/26/2020 Award Design Contract (Including SUE Contractor) 3/3/2020 Design Complete 6/12/2020 RFP Construction Contractor 6/15/2020 Award Construction Contract 7/7/2020 Notice to Proceed 7/10/2020 Substantial Completion 2/28/2021 Project Close Out 4/30/2021 Final Reimbursement Request 6/15/2021 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement requests) must be completed no later than the expiration date of this Subaward Agreement: December 31, 2021. PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 7 of 9 4. Town of Vail must comply and submit all reimbursements and associated reports, including the assignment of “Colorado Department of Transportation” as the lienholder on the Capital Asset(s), as a condition of project closeout. C. Project Budget 1. The detail of project cost is listed on the following table: Vault & Transformer installation $35,000 Service Installation cost- 800' to building $175,000 Main distribution switch and 1600 Amp service $250,000 Electrical room retrofit, code updates, fire suppression $120,000 Run 1,200' service line to bus barn $215,000 Service to each charger location (7 X18,000) $126,000 Back-up Power Generation $154,000 Building, electrical, and utility permits $25,000 Engineering and design $100,000 Construction Administration $50,000 Project Contingency (10%) $124,900 Total $1,374,900 2. The Total Project Budget is $1,374,900.00. The State will pay no more than 80% of the eligible, actual project costs, up to the maximum amount of $1,099,920.00. The State will retain any remaining balance of the state share of FASTER Funds. Town of Vail shall be solely responsible for all costs incurred in the project in excess of the amount paid by the State from FASTER Funds for the state share of eligible, actual costs. For CDOT accounting purposes, the FASTER Funds of $1,099,920.00 will be encumbered for this Grant Agreement. 3. No refund or reduction of the amount of Town of Vail’s share to be provided for the project will be allowed unless there is at the same time a refund or reduction of the state share of a proportionate amount. 4. Town of Vail may use eligible federal funds for the Local Funds share. Town of Vail’s share, together with the State FASTER Funds share, must be enough to ensure payment of the Total Project Budget. 5. Per the terms of this Grant Agreement, the State shall have no obligation to provide state funds for use on this project. The State will administer FASTER funds for this project under the terms of this Grant Agreement, provided that the state share of FASTER funds to be administered by the State are made available and remain available. Town of Vail shall 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 this Capital Asset(s) 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 this Capital Asset(s) must be followed and will be outlined prior to selecting Design Contractor and Construction Contractor. 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, Town of Vail shall request a Purchase Authorization (PA), and submit a purchase order for the Capital Asset(s) in COTRAMS. PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 8 of 9 4. Once the Purchase Authorization (PA) is approved by the CDOT Project Manager, and the Capital Asset(s) is/are ordered, the CDOT Project Manager shall be notified by Town of Vail in COTRAMS of the agreed upon delivery date. 5. Upon delivery, Town of Vail shall be responsible for having the Capital Asset(s) inspected and accepted within fifteen (15) calendar days of delivery. If defects prevent acceptance of the Capital Asset(s), Town of Vail will contact the vendor to resolve any defects and notify CDOT. 6. Town of Vail shall be responsible for reimbursing the selected vendor within forty-five (45) calendar days after acceptance of the Capital Asset(s). E. Allowable Costs Town of Vail shall agree to adhere to the provisions for allowable and unallowable costs cited in the following regulations: 2 CFR 200.420 through 200.475 and 2 CFR 200.102. Other applicable requirements for cost allowability not cited previously, shall also be considered. F. 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. Town of Vail will submit monthly reimbursement requests to CDOT and bill up to 95% of the FASTER total eligible amount, which is $1,306,155, then submit a final invoice of $68,745 upon the project closeout. Accepted reimbursement packets will include the following completed documents: Independent Cost Estimate (ICE) (with the first reimbursement requests for the design consultant and the construction contractor) Procurement Concurrence Request (PCR) (with the first reimbursement requests for the design consultant and the construction contractor) Purchase Authorization (PA) (with the first reimbursement requests for the design consultant and the construction contractor) Invoice Proof of Payment Any Relevant Supporting Documents Monthly Project Progress Report Town of Vail must submit the final invoice within sixty (60) calendar days of acceptance of the Capital Asset(s), 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 its share of the remaining state interest upon disposition of state assisted property before the end of its useful life or for 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 the purchased equipment begins on the date it is placed into service and continues until it is removed from service. Minimum useful life is determined by years of service, in accordance with the State Management Plan. The minimum useful life of each equipment component shall be obtained from each manufacturer and shall be documented with the State. Town of Vail shall not dispose or otherwise release the Capital Asset(s) to any other party while there is state interest in the Capital Asset(s) without approval from the CDOT Project Manager. PO # / SRM #: 491002132 / 20-HTR-ZL-03179 Routing #: 20-HTR-ZL-03179-M0002 Document Builder Generated Rev. 12/09/2016 Page 9 of 9 Town of Vail 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. H. 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. I. Restrictions on Lobbying Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement. J. 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. Town of Vail must permit CDOT and their auditors to have access to Town of Vail’s 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 developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” 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.” 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.