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HomeMy WebLinkAboutresolution.council.006-16PO #: 491001324 / CMS/SRM #. 17-HTR-ZL-00I 10 Routing #: 17-HTR-ZL-00110-M0003 GRANT AMENDMENT Original Grant Original SAP -PO#: Amendment Routing #: Amendment Amendment #: 1 CMS/SRM #: 491001324 l7-HTR-ZL-00110-M0003 Routing PO #: 17-HTR-ZL-00110 491001324 1) PARTIES This Amendment to the above -referenced original Contract, (hereinafter called the "Grant'), is entered into by and between CITY OF ASPEN (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 December 8, 2016, for FASTER 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.1. 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 December 8, 2016. This Grant shall terminate on December 31, 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.1 and Exhibit B on or before December 31, 2019. 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. 7) START DATE This Amendment shall take effect on the Effective Date. 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 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 shall always control other provisions in the Grant or any amendments. Document Builder Generated Page 1 of 8 Rev. 12/09/2016 PO #: 491001324 / CMS/SRM #: 17-HTR-ZL-00110 Routing #: 17-HTR-ZL-00110-M0003 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 Page 2 of 8 Rev.12/09/2016 PO #: 491001324 / CMS/SRM #: 17-HTR-ZL-00110 Routing #: 17-HTR ZL-00110-M0003 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 State is rel in gy on their representations to that effect Grantee STATE OF COLORADO CITY OF ASPEN 5--�e•� �a .-w: �L� John W. Hickenlooper, Governor Department of Transportation Michael P. Lewis, Executive Director Title: By: DCk v ► d Kf k+s;ye r, \ V-ec- Signature XN i bVS i W7 0 air fi Ira VI Date: �/ " � � ' � cv�,)a�j �L �� 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 performance or that a Statutory Violation waiver has (print name) been requested under Fiscal Rules Title: (print title) Date: Signature Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS 424-30-202 requires the State Controller to approve all State Grants. This Agreement is not valid until siened and dated below by the State Controller or del ate. The Grantee is not authorized to begin performance until such time. If The Grantee begins performingprior thereto, the State of Colorado is not obligated to pay The Grantee for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD Contr er-Colorado Department of Transportation Date: /a// f Document Builder Generated Page 3 of 8 Rev. 12/09/2016 PO #: 491001324 / CMS/SRM #: 17-HTR-ZL-00110 Routing #: 17-HTR-ZL-00110-M0003 EXHIBIT A.1— SCOPE OF WORK AND BUDGET City of Aspen Title of Project FYI FASTER Local Pool BOC Replacement ALI 11.12.04 Project 4 vehicles Project Description FYI FASTER 4-ADA BOC Replacements (Local Pool) Recipient City of Aspen DUNS # 076460104 Contact Name John Krueger Vendor 2000009 Number 130 South Galena Aspen, Colorado Address 81611 Phone # (970) 920-5038 U. S.A. Email John.krueger@cityofasgen.com Fax # 970 544-9447 Project Budget I *WBS 21710.10.50 State Share at 80% or less $320,000.00 Local Share at 20% or more $80,000.00 Total Project Budget $400,000.00 *The grants and line item WBS numbers may be replaced without changing the amount of the grant at CDOT's discretion. A. Agency Overview The City of Aspen transit system consists of eight fare -free routes. Service operates to and from the Rubey Park Transit Center for over 20 hours a day, 365 days a year, more than 52,000 hours a year and over 480,000 annual miles and carries over 1 million passengers annually. Seven routes are fixed; the eighth route operates as a combined fixed route and dial -a -ride service. The transit system operates a fleet of sixteen vehicles consisting of buses and shuttle vehicles. The City of Aspen transit system has been operating for 30 years. It provides high quality free transit service to local residents, commuting workers and tourists. Aspen's transit system interfaces seamlessly with RFTA's regional system as well as with the Town of Snowmass Village's shuttle system by offering fare -free service in both communities and their environs. Our local transit system has helped our community come into compliance with pm- 10 clean air standards and has kept the community traffic levels at or below 1993 standards. The City contracts with the Roaring Fork Transportation Authority (RFTA) to operate the system. B. Project Description City of Aspen shall perform all Project activities described in the application submitted to the State A.PP-010071 and as specifically described in this Grant. The application and application update are incorporated herein by reference to the extent consistent with this Grant. City of Aspen shall use FASTER capital funds to purchase four (4) ADA replacement cutaway vehicles ("Project Property"). You may include options in your bus purchase that are reasonably needed to provide public transit in your jurisdiction. Options may include but are not limited to, the following: • Bike rack • Brake retarder • Electronic destination sign • Mud and snow tires • Drop down chains Document Builder Generated Page 4 of 8 Rev.12/09/2016 PO #: 491001324 / CMS/SRM #: 17-HTR-ZL-001 10 Routing #: 17-HTR-ZL-00110-M0003 The vehicle(s) being purchased are to replace the following existing vehicles in the City of Aspen fleet: COTRAMS VIN#: Year Make Model Cap Inv#: Starcraft 1FDEE35LX9DA29941 INV-00005208 2009 Ford Allstar Starcraft IFDEE35L49DA57542 INV-00005211 2009 Ford Allstar Starcraft 1FDEE35L29DA57541 INV-00005210 2009 Ford Allstar Starcraft 1FDEE35L89DA29940 INV-00005209 2009 Ford Allstar C. Performance Standards 1. City of Aspen will utilize the Project Property purchased through this project in its transit operations to achieve the perfonnance goals established by CDOT. City of Aspen will comply with established CDOT requirements for maintenance of effort and effective utilization of equipment that maintains a State Interest. 2. Performance will be reviewed annually. If the State's review determines City of Aspen performance does not meet the standards of performance set forth in this section, the following steps will be taken: a. The State will notify City of Aspen in writing that performance does not meet the requirements of this Grant. b. Thirty (30) calendar days after date of such notification, City of Aspen 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 City of Aspen of its decision within 21 days. d. If the plan is approved by the Department, City of Aspen 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. Milestones Milestone Name Milestone Description Original Est.Complete Date MILE-030323 Submit Procurement Concurrence Request Dec 2016 (PCR) to CDOT Project Manager for Approval MILE-030324 Submit Procurement Authorization (PA) to Jan 2017 CDOT Project Manager for Approval MILE-030325 Take Delivery of (First) Vehicle(s) Mar 2019 MILE-030326 Take Delivery of and Accept All Vehicles Apr 2019 MILE-030327 Submit Reimbursement Request to DTR May 2019 MILE-030328 Close out Project with DTR May 2019 IMPORTANT NOTE: All milestones in this scope of work must be completed no later than the contract expiration date of 12 31/2019. Document Builder Generated Page 5 of 8 Rev. 12/09/2016 PO #: 491001324 / CMS/SRM #: 17-HTR-ZL-00110 Routing #: 17-HTR-ZL-00110-M0003 D. Project Budget The cost for this FASTER oroiect is estimated to be as follows- *WBS 21710.10.50 State Share (at $320 000.00 80% or less)' Local Share (at $80 000.00 20% or more)' Total Project $400,000.00 Bud et The Total Project Budget shall not exceed the maximum allowable cost of $400,000.00. The State will pay no more than 80% of the eligible, actual capital costs up to the maximum FASTER amount of $320,000.00. 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 FASTER share. City of Aspen 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. 3. No refund or reduction of the amount of the Grantee's share to be provided will be allowed unless there is at the same time a refund or reduction of the state share of a proportionate amount. 4. The State will administer state funds for this Project under the terms of this Grant, provided that the FASTER 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 FASTER funds for the City of Aspen of the Project. The City of Aspen shall initiate and prosecute to completion all actions necessary to enable the City of Aspen 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. E. Contract Expiration This Grant will expire according to the terms and conditions of the Grant. The expiration date for this Grant is 12/31 /2019. F. Procurement Procurement of this capital equipment will comply with State procurement procedures outlined in "DTR Procurement Guidebook" (found at: https://www.codot.gov programs/transitandrail/transit). In addition to the basic State requirements outlined below, State procedures for purchase of this Project Property must be followed and will be outlined prior to purchase. 1. Before proceeding with the purchase directly from the vendor, City of Aspen shall submit Procurement Authorization along with a purchase order 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 State 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 City of Aspen and CDOT may choose to attend the delivery of the Project Property. 3. Upon delivery, the City of Aspen 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 City of Aspen 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. Document Budder Generated Page 6 of 8 Rev 12 `09/2016 PO #: 491001324 / CMS/SRM #: 17-HTR-ZL-00110 Routing #: 17-HTR-ZL-00I I0-M0003 4. City of Aspen 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. It is City of Aspen 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, CDOT 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 Manufacturers Statement of Origin (MSO) paperwork until full payment is received from the grantee. Title paperwork can also be sent to CDOT to withhold if the vendor deems necessary. The FASTER funding share provided for this capital purchase is $320,000.00. G. Reimbursement Eligibility 1. Requests for reimbursement for project costs will be paid to the City of Aspen upon presentation of invoice(s) to the State for eligible costs incurred after the date of execution of this Grant through 12/31/2019 and within the limits of this Grant. 2. Grantees must bill the State for the state share specified within the provisions set forth in Paragraph F. Procurement or as otherwise specified by the State prior to the receipt of capital equipment. The state share must be paid to the vendor whether or not the Grantee has received the reimbursement from the State. H. State Interest/Service Life 1. State Interest in the Project Property will expire as determined by the State. State Interest is defined by the service life of the capital equipment, which is determined by the State. 2. No later than three (3) days after the purchase and acceptance of the Project Property, the City of Aspen shall provide, in writing, to the State a "Certificate of Procurement and Acceptance" form. 3. City of Aspen shall not sell or otherwise release the Project Property to any party while there is State Interest in the Project Property without written approval from the State. I. Safety Data City of Aspen 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. J. Ongoing Operational Funding Grant Partner needs to explain how the continued operation and/or use of the Project Property will be funded to assure CDOT that there is funding in place throughout the service life of the Project Property. The City of Aspen has in place a variety of funding mechanisms dedicated to the operation of its local transit system. Funding mechanisms include sales tax, use tax and lodging tax. K. Project Measurement and Certification 1. City of Aspen will work cooperatively with CDOT to market and/or publicize this project as requested by CDOT. Such efforts may include ribbon cuttings, news articles, photos, and/or other media to be supplied by Agency Name as appropriate. 2. Grant Partner needs to explain how success of this project will be measured, tracked, and/or reported over the service life of the Project Property. Document Builder Generated Page 7 of 8 Rev.12/09/2016 PO #: 491001324 / CMS/SRM #: 17-HTR-ZL-00110 Routing #: 17-HTR-ZL-00I I0-M0003 The City of Aspen regularly tracks the following performance measures related to its transit system and is happy to share them upon request as related to this grant project: -ridership by route -riders per mile -riders per hour -vehicle mileage L. Special Conditions 1. City of Aspen shall maintain and report annually through submission of an annual report all information required by the National Transit Database and any other fmancial, fleet, service data set forth by the State for the purpose of annual reporting required of the State. 2. If City of Aspen 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. 3. City of Aspen shall not be reimbursed for any purchase, issued purchase order, or leased capital equipment before the contract with the State has been issued. 4. City of Aspen sub -grantees must maintain bus safety records, if applicable. These records must be 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. 5. City of Aspen sub -grantees must demonstrate a good faith effort to provide, and certify as applicable, safety - related training for drivers and other appropriate personnel. 6. City of Aspen will provide comparable transportation services to persons with disabilities according to the Americans with Disabilities Act of 1990. 7. City of Aspen will work cooperatively with CDOT to market and/or publicize this project as requested by CDOT. Such efforts may include ribbon cuttings, news articles, photos, and/or other media to be supplied by City of Aspen as appropriate. 8. City of Aspen will be responsible for attending the annual Grant Partner meeting, which is held during the Fall CDOT/CASTA Conference. Document Builder Generated Page 8 of 8 Rev. 12/09/2016