TC Res. No. 2007-12 AUTHORIZING THE TOWN OF AVON TO ENTER INTO ANTOWN OF AVON
RESOLUTION NO. 07 -12
Series of 2007
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, FOR
THE PROVISION OF A STATEGIC TRANSIT PROJECT.
WHEREAS, the Town of Avon has the power to enter into intergovernmental agreements under
Home Rule Charter Section 16.2; and,
WHEREAS, The State of Colorado, State Department of Transportation, Division of
Transportation Development, has obtained certain unencumbered State funds for the provision of
strategic transit projects; and,
WHEREAS, The State Department of Transportation, Division of Transportation Development,
is responsible for the disbursement of these funds; and,
WHEREAS, The Town of Avon is desirous of obtaining said funds for the provision of a
strategic transit project and has filed an application with the State for this purpose; and,
WHEREAS, The State has proposed an intergovernmental agreement with the Town of Avon to
provide funds to carry out such project; and,
WHEREAS, The Town of Avon desires to accept the funds for the Avon Transit Center
pursuant to the conditions of the agreement; and,
WHEREAS, The Town of Avon hereby obligates its local funds share of $ 532,622 as required
by Exhibit A to the Grant Agreement;
1:\Engineering\CIP`Transponation Center\1.3 Funding\SBI Funds Grant Agreement ContraalResolution 07-12 CDOT SB-1 Transit Grant.Doc
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, AS FOLLOWS:
The Town of Avon hereby approves the attached agreement between the Town of Avon
and the State Department of Transportation, agrees with the terms and conditions stated
therein, and authorizes its mayor to sign said agreement.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, ON THE 27' DAY OF MARCH, 2007
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, M
ATTEST:
1:`•..Engineering\C1P'.Tr2nsporation Center`•l.? Funding'SB I Funds Grant Agreement Contract'•.Resolution 07-12 CDOT SS-1 Transit Grant.Doc
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GRANT AGREEMENT
THIS GRANT AGREEMENT made this 2,q
day of 20 O, by and between the
State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter
referred to as the State and the Town of Avon, Colorado, CDOT Vendor 100461, hereinafter referred
to as the "Contractor" or the "Local Agency."
RECITALS
A. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in G/L Account 4518000010, Company Code 1000, CO Area 1000, WBS Element
16204.15.03, Fund 400, Functional Area 1510, Funds Center DT510-010, for a total available
funds of $2,663,110. The maximum amount payable by the Department shall not exceed
$2,130,488, which is 80% of the total available funds. The local match will be $532,622 which
is 20 % of the total available funds.
B. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
C. Pursuant to 43-4-206(VII)(2)(a)(I) CRS, the State has received approval and funding for
implementation of Strategic Transit Project Funds from the Colorado Legislature and/or its Joint
Budget Committee.
D. By Resolution Number TC-1401, the Transportation Commission of Colorado established a Task
Force to recommend to the Commission a process for project selection and prioritization.
E. The State has solicited and reviewed project Applications in accordance with such program criteria
and determined which agencies or entities' projects would be most appropriate for funding.
F. The Local Agency has submitted a funding Application to carry out a strategic transit project,
hereinafter referred to as the Project.
G. The Task Force recommended to the Commission a list of strategic transit projects for approval and
by Resolution Number TC-1455, the Commission approved the list.
H. The State has funds available and will provide 80% of the funding and the Local Agency will
provide the 20% local match for the work.
1. The Local Agency shall comply with all state and other applicable requirements, including the
State's general administration of the project through this Agreement, in order to obtain state
funds for the project.
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J. The Local Agency shall perform the Work described in the Scope of Work and Conditions
attached hereto as Exhibit A.
K. The Local Agency has estimated the total cost of the work and is prepared to accept the state
funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the Local Agency, which confirms availability of
local match, and expressly authorizes the Local Agency to enter into this Agreement and to
complete the work under the project. A copy of this ordinance or resolution is attached hereto
and incorporated herein as Exhibit B.
L. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily
complete all of the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work and Conditions
The Project or the Work under this Agreement shall consist of construction of a Transportation Center,
in the Town of Avon, Colorado, as more specifically described in Exhibit A.
The Local Agency has estimated the total cost the work to be $4,331,763, which is to be funded as
follows:
State funds:
Local Funds:
$2,130,488
$ 532,622
Other Funds (if applicable): $1,668,653
Total Funds:
$4,331,763
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Agreement and its exhibits, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
1. Special Provisions contained in Section 30 of this Agreement
2. This Agreement
3. Exhibit A (Scope of Work)
4. Exhibit G (Project Application)
Section 3. Term
This Agreement shall be effective upon approval of the State Controller or designee, or on the date
made, whichever is later. For construction related projects, the term of this Agreement shall
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continue through the completion and final acceptance of the Project by the State and the Local
Agency. For all other projects, the initial term will expire on June 30, 2008, with the option to
extend this time period as outlined in Section 27 of this Agreement.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work (as outlined in Section 1 of this
Agreement) and is prepared to accept the state funding for the work, as evidenced by an
appropriate ordinance or resolution duly passed and adopted by the authorized
representatives of the Local Agency, which confirms availability of local match, and
expressly authorizes the Local Agency to enter into this Agreement and to complete the
Project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B.
B. The maximum amount payable by the State to the Local Agency under this Agreement shall
be $2,130,488. It is understood and agreed by the parties hereto that the total cost of the
work stated hereinbefore is the best estimate available. If the actual total project costs are
less than the estimated total project costs, including as a result,of the Local Agency's failure
to supply the entire estimated Local share, the state's share shall be reduced proportionately.
The term "proportionately" means the ratio of actual expenditures to total planned
expenditures for both State and Local Agency shares. In this Agreement, the ratio shall be
based on 80% State to 20% Local Match, with the State share not to exceed the amount in
Section 1. The Local Agency may increase the Local share without further State approval,
but this increase shall not increase the State share.
C. The parties hereto agree that this Agreement is contingent upon all funds designated for the
project herein being made available from state sources, as applicable. Should these sources
fail to provide necessary funds as agreed upon herein, the Agreement may be terminated by
either party, provided that any party terminating its interest and obligations herein shall not
be relieved of any obligations which existed prior to the effective date of such termination or
which may occur as a result of such termination.
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the project
following the State's review and approval of such charges, subject to the terms and
conditions of this Agreement. Provided, however, that charges incurred by the Local
Agency prior to the date this Agreement is executed by the State Controller will not be
charged by the Local Agency to the project, and will not be reimbursed by the State.
B. The State will reimburse the Local Agency's reasonable, allocable, allowable costs of
performance of the Work, not exceeding the maximum total amount described in Section 4.
The applicable principles described in 49 C.F.R. 18 Subpart C (Exhibit C) shall govern the
allowability and allocability of costs under this Agreement. The Local Agency shall comply
with all such principles. To be eligible for reimbursement, costs by the Local Agency shall
be:
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1. in accordance with the provisions of Section 5 and with the terms and conditions of
this Agreement;
2. necessary for the accomplishment of the Work;
3. reasonable in the amount for the goods and services provided;
4. actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or
other items of value received by the Local Agency that have the effect of reducing
the cost actually incurred);
5. incurred for Work performed after the effective date of this Agreement;
6. satisfactorily documented.
Examples of ineligible costs include:
1. Staff or administrative overhead costs of the Local Agency, unless specifically
allowed for in the Scope of Work;
2. Fines and penalties;
3. Entertainment expenses.
C. The Local Agency shall establish and maintain a proper accounting system in accordance
with generally accepted accounting standards and principles (a separate set of accounts, or as
a separate and integral part of its current accounting scheme) to assure that project funds are
expended and costs accounted for in a manner consistent with this Agreement and project
objectives.
1. All allowable costs charged to the project, including any approved services
contributed by the Local Agency or others, shall be supported by properly executed
payrolls, time records, invoices, agreements or vouchers evidencing in detail the
nature of the charges.
2. Any check or order drawn up by the Local Agency, including any item which is or
will be chargeable against the project account shall be drawn up only in accordance
with a properly signed voucher then on file in the office of the Local Agency, which
will detail the purpose for which said check or order is drawn. All checks, payrolls,
invoices, agreements, vouchers, orders or other accounting documents shall be
clearly identified, readily accessible, and to the extent feasible, kept separate and
apart from all other such documents.
D. The Local Agency will prepare and submit to the State, no more than monthly, charges for
costs incurred relative to the project. The Local Agency's invoices shall include a
description of the amounts of services performed, the dates ofperformance and the amounts
and description of reimbursable expenses. The invoices will be prepared in accordance with
the State's standard policies, procedures and standardized billing format to be supplied by
the State.
E. To be eligible for payment, billings must be received within 60 days after the period for
which payment is being requested and final billings on this Agreement must be received by
the State within 60 days after the end of the Agreement term.
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1. Payments pursuant to this Agreement shall be made as earned, in whole or in part,
from available funds, encumbered for the purchase of the described services. The
liability of the State, at any time, for such payments shall be limited to the amount
remaining of such encumbered funds.
2. In the event this Agreement is terminated, final payment to the Local Agency may be
withheld at the discretion of the State until completion of final audit.
3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation
shall be recovered from the Local Agency by deduction from subsequent payment
under this Agreement or other agreements between the State and Local Agency, or
by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18
shall be reimbursed by the Local Agency, or offset against current obligations due by
the State to the Local Agency, at the State's election.
Section 6. State Interest [Not applicable to studies]
The Local Agency understands and agrees that the State retains a State interest in any real
property, or equipment financed with State assistance (Project property) until, and to the extent
that the State relinquishes its State interest in that Project property, as described in Exhibit A. All
State interests in real property or equipment shall survive termination, expiration or cancellation
of this Agreement. With respect to any Project property financed with State assistance under this
Grant Agreement, the Local Agency agrees to comply with the following:
A. Use of Project Property. The Local Agency agrees to use Project property for appropriate
Project purposes for the duration of the useful life of that property, as required by the State
and set forth in the scope. Should the Local Agency unreasonably delay or fail to use Project
property during the useful life of that property, the Local Agency agrees that it may be
required to return the entire amount of the State assistance expended on that property. The
Local Agency further agrees to notify the State immediately when any Project property is
withdrawn from Project use or when any Project property is used in a manner substantially
different from the representations the Local Agency has made in its Application or in the
Project Description for the Grant Agreement.
B. Maintenance. The Local Agency agrees to maintain Project property in good operating order
to the State's satisfaction.
C. Records. The Local Agency agrees to keep satisfactory records pertaining to the use of
Project property, and submit to the State upon request such information as may be required
to assure compliance with this Section.
D. Encumbrance of Project Property. The Local Agency agrees to maintain satisfactory
continuing control of Project property as follows:
Written Transactions. The Local Agency agrees that it will not execute any
transfer of title, lease, lien, pledge, mortgage, encumbrance, third party
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agreement, subagreement, grant anticipation note, alienation, innovative finance
arrangement (such as a cross border lease, leveraged lease, or otherwise), or any
other obligation pertaining to Project property, that in any way would affect the
continuing State interest in that Project property.
2. Oral Transactions. The Local Agency agrees that it will not obligate itself in any
manner to any third party with respect to Project property.
3. Other Actions.. The Local Agency agrees that it will not take any action
adversely affecting the State interest in or impair the Local Agency's continuing
control of the use of Project property.
E. Transfer of Project Property. The Local Agency understands and agrees as follows:
Local Agency Request. The Local Agency may transfer any Project property
financed with State assistance to another public body or private nonprofit entity to
be used for the same purpose set forth herein with no further obligation to the
State Government, provided the transfer is approved by the State in writing.
2. State Government Direction. The Local Agency agrees that the State may direct
the disposition of, and even require the Local Agency to transfer, title to any
Project property financed with State assistance under this Grant Agreement if it is
found that the Project is not being used for the intended purpose as stated in the
Scope of Work.
3. Leasing Project Property to Another Party. If the Local Agency leases any Project
property to another party, the Local Agency agrees to retain ownership of the
leased Project property, and assure that the lessee will use the Project property
appropriately, either through a written lease between the Local Agency and lessee,
or another similar document, consistent with the project purpose set forth herein.
Upon request by the State, the Local Agency agrees to provide a copy of any
relevant documents.
F. Disposition of Project Property. The Local Agency agrees that the State may establish the
useful life of Project property, and that it will use Project property continuously and
appropriately throughout the useful life of that property.
Project Property Prematurely Withdrawn from Use. For Project property
withdrawn from appropriate use before its useful life has expired, the Local
Agency agrees as follows:
a) Notification Requirement. The Local Agency agrees to notify the
State immediately when any Project property is prematurely
withdrawn from appropriate use, whether by planned withdrawal,
misuse, or casualty loss.
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b) Calculating the Fair Market Value of Prematurely Withdrawn Project
Property. The Local Agency agrees that the State retains a State
interest in the fair market value of Project property prematurely
withdrawn from appropriate use. The amount of the State interest in
the Project property shall be determined by the ratio of the State
assistance awarded for the property to the actual cost of the property.
The Local Agency agrees that the fair market value of Project
property prematurely withdrawn from use will be calculated as
follows:
(1) Equipment. The Local Agency agrees that the fair
market value of Project equipment and supplies shall be
calculated by straight-line depreciation of that property,
based on the useful life of the equipment as established
or approved by the State. The fair market value of
Project equipment shall be the value immediately before
the occurrence prompting the withdrawal of the
equipment or supplies from appropriate use. In the case
of Project equipment lost or damaged by fire, casualty,
or natural disaster, the fair market value shall be
calculated on the basis of the condition of that equipment
or supplies immediately before the fire, casualty, or
natural disaster, irrespective of the extent of insurance
coverage.
(2) Real Property. The Local Agency agrees that the fair
market value of real property shall be determined either
by competent appraisal based on an appropriate date
approved by the State, or by straight line depreciation,
whichever is greater.
(3) Exceptional Circumstances. The Local Agency agrees
that the State may require the use of another method to
determine the fair market value of Project property. In
unusual circumstances, the Local Agency may request
that another reasonable valuation method be used
including, but not limited to, accelerated depreciation,
comparable sales, or established market values. In
determining whether to approve such a request, the State
may consider. any action taken, omission made, or
unfortunate occurrence suffered by the Local Agency
with respect to the preservation of Project property
withdrawn from appropriate use.
c) Financial Obligations to the State. The Local Agency agrees to remit
to the State the State interest in the fair market value of any Project
property prematurely withdrawn from appropriate use. In the case of
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fire, casualty, or natural disaster, the Local Agency may fulfill its
obligations to remit the State interest by either:
(1) Investing an amount equal to the remaining State interest
in like-kind property that is eligible for assistance within
the scope of the Project that provided State assistance for
the Project property prematurely withdrawn from use; or
(2) Returning to the State an amount equal to the remaining
State interest in the withdrawn Project property.
G. Insurance Proceeds. If the Local Agency receives insurance proceeds as a result of damage
or destruction to the Project property, the Local Agency agrees to:
1. Apply those insurance proceeds to the cost of replacing the damaged or
destroyed Project property taken out of service, or
2. Return to the State an amount equal to the remaining State interest in the
damaged or destroyed Project property.
H. Misused or Damaged Project Property. If any damage to Project property results from abuse
or misuse occurring with the Local Agency's knowledge and consent, the Local Agency
agrees to restore the Project property to its original condition or refund the value of the State
interest in that property, as the State may require.
1. Responsibilities After Project Closeout. The Local Agency agrees that Project closeout by
the State will not change the Local Agency's Project property management responsibilities
as stated in this Section of the Grant Agreement.
Section 7. Insurance [If applicable]
At a minimum, the Local Agency agrees to comply with the insurance requirements normally
imposed by State and local laws.
A. The Local Agency shall obtain, and maintain at all times during the term of this
Agreement and for the term of State Interest, insurance in the following kinds and
amounts:
1. Workers' Compensation Insurance as required by state statute and Employer's
Liability Insurance covering all of Local Agency's and subcontractor's employees
acting within the course and scope of their employment.
2. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
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a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made
or paid, the Local Agency shall immediately obtain additional insurance to
restore the full aggregate limit and furnish to the State a certificate or other
document satisfactory to the State showing compliance with this provision.
3. Automobile Liability Insurance covering any auto (including owned, hired and non-
owned autos) with a minimum limit as follows: $1,000,000 each accident combined
single limit.
B. The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability Insurance policies (leases and construction contracts
will •require the additional insured coverage for completed operations on endorsements
CG 2010 11/85, CG 2037, or equivalent). Coverage required of the Agreement will be
primary over any insurance or self-insurance program carried by the State of Colorado.
C. The Insurance shall include provisions preventing cancellation or non-renewal without at
. least 45 days prior notice to the State by certified mail.
D. The Local Agency will require all insurance policies in any way related to the Agreement
and secured and maintained by the Local Agency to include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against the State of
Colorado, its agencies, institutions, organizations, officers, agents, employees and
volunteers.
E. All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
F. The Local Agency shall provide certificates showing insurance coverage required by this
Agreement to the State within 7 business days of the effective date of the Agreement, but in
no event later than the commencement of the services or delivery of the goods under the
Agreement. No later than 15 days prior to the expiration date of any such coverage, the
Local Agency shall deliver the State certificates of insurance evidencing renewals thereof.
At any time during the term of this Agreement, the State may request in writing, and the
Local Agency shall thereupon within 10 days supply to the State, evidence satisfactory to the
State of compliance with the provisions of this section.
G. Notwithstanding subsection A of this section, if the Local Agency is a "public entity" within
the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as
amended ("Act'), the Local Agency shall at all times during the term of this Agreement
maintain only such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the Act. Upon request by the State, the Local Agency
shall show proof of such insurance satisfactory to the State.
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Section 8. Utilities, Access, Right of Way
If necessary, the Local Agency will be responsible for obtaining the proper clearance or approval
from any utility company, Local, State, or Federal Government Agency, or other entity which may
become involved in this Project. Prior to this Project being advertised for bids, the Responsible
Party will certify in writing to the State that all such clearances have been obtained.
Section 9. Subcontracting Obligations
The Local Agency agrees that any subcontract entered into under this Agreement shall meet all
applicable state and federal requirements prior to execution. The Local Agency shall not assign this
Agreement without prior written approval to the State; any assignment without such approval shall
be void.
Section 10. Procurement Standards
The Local Agency agrees to cant' out its procurements consistent with the general procurement
standards of the State. The Local Agency agrees to follow the general procurement standards set
forth in Exhibit D.
Section 11. Conformance with Law
The Local Agency and its agent(s) will adhere to all applicable state and federal laws, Executive
Orders and implementing regulations as they currently exist and may hereafter be amended. Further,
the Local Agency agrees to comply with the intent and requirements of the National Environmental
Policy Act (NEPA) regardless of whether or not there is federal funding involved, as is consistent
with CDOT's Environmental Stewardship Guide.
If any federal funds are used in financing the project, then the Local Agency is responsible to ensure
compliance with applicable federal rules and regulations, including but not limited to, Uniform
Administrative Requirements for Grants (49 CFR Part 18) and the National Environmental Policy
Act.
Section 12. Non Discrimination
The Local Agency agrees to comply with and ensure any subcontractors comply with, the
requirements of:
A. The American with Disabilities Act, Title II, and its implementing regulations--28 CFR Part
35, and 49 CFR parts 27, 37 and 38; and
B. The Civil Rights Act of 1964, Titles VI and VII, and their implementing regulations.
Section 13. Disadvantaged Business Enterprise Efforts
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The Local Agency acknowledges that it is in the best interest of the people of Colorado to
promote and encourage the utilization of minority and women-owned business enterprises. The
Local Agency agrees to encourage the retention of qualified minority and women-owned
businesses in carrying out the Project. The Local Agency agrees to utilize the resources of
CDOT's Center for Equal Opportunity, including its local agency manual at:
httn:/hvww.dot. state. co.us/Desi nSupport/Local%20Auency%20Manual/2006%20Loca1% 0Ag
en.cy%20Manual/2006%2OLoca]%20Agency°/Q2OManua1 htm . In addition, the Local Agency
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of this Project.
If the Local Agency is also receiving federal funds for use with the Project, all funds will be subject
to federal DBE requirements per 49 CFR 26.3, and the Local Agency will be responsible for
ensuring compliance with the DBE requirements of that federal agency.
Section 14. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this Agreement at
its own cost and expense during their useful life, in a manner satisfactory to the State.. The Local
Agency will make proper provisions for such maintenance obligations each year. Such maintenance
and operations shall be conducted in accordance with all applicable statutes, ordinances and
regulations which define the Local Agency's obligations to maintain such improvements. The State
may make periodic inspections of the project to verify that such improvements are being adequately
maintained.
Section 15. Record Keeping, Performance Monitoring and Audits.
The Local Agency shall maintain a complete file of all records, documents, communications, and
other written materials, which pertain to the costs incurred under this Agreement. The Local Agency
shall maintain such records for a period of three (3) years after the date of termination of this
Agreement or final payment hereunder, whichever is later, or for such further period as may be
necessary to resolve any matters which may be pending. The Local Agency shall make such
materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees ofthe State to inspect the project and to inspect, review and audit the project records. The
Local Agency shall also permit these same described entities to monitor all activities conducted by
the Local Agency pursuant to the terms of this Agreement. As the monitoring agency may in its sole
discretion deem necessary or appropriate, such monitoring may consist of internal evaluation
procedures, examination of program data, special analyses, on-site check, or any other reasonable
procedure. Further, the Local Agency shall submit periodic and final reports to the State according
to the reporting requirements outlined in the Scope of Work.
Section 16. Termination Provisions
This Agreement may be terminated as follows:
A. Termination for Convenience. The State may terminate this Agreement at any time the State
determines that the purposes of the distribution of moneys under the Agreement would no
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longer be served by completion of the project. The:State shall effect such termination by,
giving written.notice of termination to the Local Agency arid; specifying the effective date
thereof, at least twenty. (20) days before the effective date, of such termination.
B. Termination,for Cause., If, through any cause;;,the Local Agency shall fail to fulfill, in ,a
timely and proper manner, its obligations under this Agreement, or if the Local Agency shall
violate any of the covenants, agreements, or stipulations of this Agreement, the State shall
thereupon have the, right to terminate. this Agreement for cause by giving written notice to
the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure, the
default or show cause why termination is otherwise not appropriate. In the event of
termination, all finished or unfinished documents, data, studies,, surveys, drawings, maps,
models, photographs and reports or other material prepared by the Local Agency under this.
Agreement shall, at the option ofthe State,,become its property, and the Local Agency shall
be entitled to receive just and equitable -compensation for any materials delivered and
accepted. The Local Agency shall be obligated to return any payments advanced under the
provisions of this Agreement.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for
any damages sustained by the State by,virtue of any breach of the Agreement by the Local
Agency, and -the State.may withhold, payment to .the Local ,Agency, for the purposes of
mitigating its damages until such time as the exact amount of damages due-to the State from
the Local Agency is determined.
If after such termination it is determined; for any reason, that the Local Agency was not in
default or that the Local Agency's actionAnaction was excusablei such termination shall be
treated as a termination for convenience, and the rights an d obligations of the parties shall be
the'.same as if the Agreement had been terminated..for convenience,-.as described herein.
C. Termination Due to Loss of Funding.. The parties hereto expressly recognize that the Local
Agency is to be paid, reimbursed, or otherwise compensated with State funds which are
available to the State for the purposes of contracting for the Project provided for herein, and
therefore, the Local Agency expressly understands and agrees that all its rights, demands and
claims to compensation arising under this Agreement are contingent upon availability of
such.funds.to the State. In the event that such-funds or any part thereof are not available to
the State, the State may immediately terminate or amend this Agreement:
Section 17. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that,
authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind
the Local Agency to its terms. The person(s) executing this Agreement on behalf of.the Local
Agency warrants that such person(s) has full authorization to execute this Agreement, as further''
.
represented by the resolution/ordinance executed by ihe-governing body of the Local Agency:
Section 18. Representatives and Notice
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For the purposes of this Agreement, the representative for each party is as designated in the Scope of
Work. Any notice required or permitted may be delivered in person or sent by registered or certified
mail, return receipt requested, to the party at the address provided, and if sent by mail it is effective when
posted in a U.S. Mail Depository with sufficient postage attached thereto. Notice of change of address or
change or representative shall be treated as any other notice.
Section 19. Successors
Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
Section 20. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the State
and the Local Agency. Nothing contained in this Agreement shall give or allow any claim or right
of action whatsoever by any other third person. It is the express intention of the State and the Local
Agency that any such person or entity, other than the State or the Local Agency receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
Section 21. Governmental Immunity
Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree
that liability for claims for injuries to persons or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk
management statutes, 24-30-1501, et seq., C.R.S., as now or hereafter amended.
Section 22. Severability
To the extent that this Agreement may be executed and performance of the obligations of the parties
may be accomplished within the intent of the Agreement, the terms ofthis Agreement are severable,
and should any term or provision hereof be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision hereof.
Section 23. Waiver
The waiver of any breach of a term, provision, or requirement of this Agreement shall not be
construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
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Section 24. Entire Understanding
This Agreement is intended as the complete integration of all understandings between the parties.
No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or
affect whatsoever, unless embodied herein by I writing. No subsequent-novation; renewal, addition,
deletion, or other amendment-hereto shall have any force or effect unless embodied in a writing
executed and approved pursuant to.the State Fiscal Rules.
Section 25. Survival of Agreement Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and
conditions of this Agreement, and the exhibits and attachments hereto which may require continued
performance, compliance or effect beyond the termination date of the Agreement shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure
to perform or comply by the Local Agency. M
Section 26. Modification and Amendment
This Agreement is subject to such modifications as inay be required by changes in State law or
implementing regulations. Any such required modification shall automatically be incorporated into
and be part of this Agreement on the effective date of such change as if fully set forth herein. Except
as provided above, no modification of this Agreement shall be effective unless agreed to in writing
by both parties.
Section 27. Option Letters
Option Letters may be used to extend Agreement term, increase . or., decrease amount of
goods/services, and increase or decrease total contract value.
A. For use when extending services: The State may require continued.performance for
services at the rates and terms specified in the Agreement. The State may exercise the
option by written notice to the Local Agency within.30 days prior to the end of the
current Agreement term in a form substantially equivalent to Exhibit E. If the State
exercises this option, the extended Agreement will-be considered to include this option
provision. The'total duration of this Agreement, including the exercise of any options
under this clause, shall riot exceed 5 years.
B. For use when increasing quantities: The State may increase the quantity of goods/services .
described in paragraph/schedule/exhibit at the unit prices established in-the Agreement.
The State may exercise the option by written notice to the Local Agency within 30 days
before the option begins in a form substantially equivalent to Exhibit E.
Delivery/performance of the goods/service shall continue at the same rate and under the
same terms as, established in the Agreement.
C. For use when increasing or decreasing the total Agreement price: The state may
unilaterally increase/decrease the maximum amount payable under this Agreement based
upon the unit prices established in the Agreement and the schedule of services required,
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as set by the State. The State may exercise the option by providing a fully executed
option to the Local Agency, in a form substantially equivalent to Exhibit E, immediately
upon signature of the State Controller or his delegate. Performance of the service shall
continue at the same rate and under the same terms as established in the Agreement.
Section 28. Change Order Letters
Bilateral changes within the general scope of the Agreement, as defined in Exhibit A, may be
executed- using the change order letter process described in this paragraph and a form substantially
equivalent to the sample change order letter attached as Exhibit F for any of the following reasons.
A. Where the agreed changes to the specifications result in an adjustment to the price,
delivery schedule, or time of performance.
B. Where the agreed changes result in no adjustment to the price, delivery schedule, or time
of performance. The change order shall contain a mutual release of claims for
adjustment of price, schedules, or time of performance.
C. Where the changes to the Agreement are priced based on the unit prices to be paid for the
goods and/or services established in the Agreement.
D. Where the changes to the Agreement are priced equal to or less than established catalog
generally extended to the public or on prices or rates set by law or regulation.
Other bilateral modifications not within the terms of this paragraph must be executed by formal
amendment to the Agreement, approved in accordance with state law.
Section 29. Disputes
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising
under this Agreement which is not disposed of by agreement will be decided by the Executive
Director or authorized designee of the Department of Transportation. The decision will be final and
conclusive unless, within 30 calendar days after the date of receipt of a copy of such written
decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to
the Executive Director of the Department of Transportation. In connection with any appeal
proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to
offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local
Agency shall proceed diligently with the performance of the Agreement in accordance with the
decision. The decision of the Executive Director or designee for the determination of such appeals
will be final and conclusive and serve as final agency action. This dispute clause does not preclude
consideration of questions of law in connection with decisions provided for herein. Nothing in this
Agreement, however, shall be construed as making final the decision of any administrative official,
representative, or board on a question of law. Further, the Parties agree to follow this dispute
resolution procedure prior to filing any action on a dispute in any court of law, and the Parties deem
any applicable statute of limitation or repose to be tolled until sixty (60) days after final agency
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action by the Executive Director.
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Section 30. I SPECIAL PROVISIONS
The Special Provisions apply to all agreements except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This Agreement shall not be deemed valid until it has been approved by
the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any
and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result
of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Agreements] No term or condition of this Agreement shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado
Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or
hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and
not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent.or .
employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any
monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to
unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or
otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation
(and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts
required by law and shall be solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION. Contractor`agrees to comply with the letter and the spirit of all applicable State and federal laws
respecting discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation; execution, and enforcement of this contract. Any provision. of this contract, whether or not incorporated herein by
reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules,
and regulations shall be considered. null and void. Nothing contained in any provision incorporated herein by reference which
.purports to negate this.or any other special provision in whole or in part shall be valid or enforceable or available in any action at law,
whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance
of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may
hereafter be established.
7. [Not Applicable to Intergovernmental Agreements] VENDOR OFFSET. CRS 24-30-202 (1) and 24-30-202.4. The
State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a)
unpaid child support debt or *child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts
required to be paid.to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a
result of final agency determination or reduced to judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under
this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws
or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has
in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in
violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without
limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no
employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Agreements]. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR.SERVICES AND
RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.57-101. Contractor certifies that it shall comply with the
provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
contra or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ
`or contract with an illegal alien to perform work under this contract. Contractor represents, warrants, and agrees that it (i) has verified
that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the.
Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-
17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the
Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall
be cause for termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or
she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions
Page 17 of 44
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of CRS 24-7.6.5-101 et seq., and (Iii) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective
date of this contract.
Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006
Page 18 of 44
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CONTRACT SIGNATURE PAGE j
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL RITTER, JR. GOVERNOR
CZ (3c,,,_
By
Legal Name of Contracting Entity Executive Director
is 4 - C) 19 ► o `g12
Number
Signature of Authorized Officer
rZAaL( (2
(Print) Name & Title of Authoriz Officer
Date ;3 0-1
CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) By enT&Ar I-) I rc
or
Department of Transportation
Date
LEGAL REVIEW:
Attorney General, John W. Suthers
By
.y/County Cldrka (Flace.corporate,seal here, if available)
CRS 2430-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or
such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and
dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or
services provided.
STATE CONTROLLER
Leslie M. Shenefelt
By
Date
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EXHIBIT A
SCOPE OF WORK AND CONDITIONS
Exhibit A COFRSRoutingNo:
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SCOPE OF WORK AND CONDITIONS
Recipient Organization:
Town of Avon - Municipality within the State of Colorado
400 Benchmark Road
P.O. Box 975
Avon, CO 81620
Project Contact:
Jeffrey Schneider, P.E.
P.O. Box 975
Avon, CO 81620
Phone: 970-748-4134Fax: 970-748-1958
Email: jschneider@avon.org
Project Overview:
The Town of Avon will construct a Transportation Center which will consist of approximately
40,000 square feet total surface area and will accommodate six fully independent functioning full
sized (45-foot) buses plus a 450 square foot heated passenger shelter. The project is located at 100
West Benchmark Road, adjacent to the currently inactive Union Pacific Rail Line.
The Transportation Center design incorporates a major pedestrian way connecting the Avon Town
Center, Transportation Center, and the Westin Riverfront Resort development, which includes a
gondola to the Beaver Creek Ski Area. The design is configured to separate pedestrians and
passengers from bus circulation. A comprehensive sign and lighting program will be implemented
for easy way finding and navigation among multiple transit systems using the Center. The transit
systems include the Town of Avon free bus system, Beaver Creek Resort Shuttles, and the Eagle
County Regional Transit system. The existing Avon Transportation Center will continue service
during the construction of the new facility.
2
Exhibit A
Project Budget and Funding:
Line Item
Land Acquisition
Preliminary Design
Final Design
Grant Ineligible
(Completed)
$1,418,688
$ 59,965
$190,000
COFRSRoutingNo:
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Grant
Totals
Eli ible
-0-
$1,418,688
-0-
$ 59,965
-0-
$190,000
Construction Estimates (Itemized
Below)
• Mob/Demob/Demolition/Traffi
c Control
• Site/Road Construction
• Storm Sewer
• Concrete and Pavement
Construction
-0-
-0-
-0-
-0-
-0-
-0-
-0-
-0-
$1,668,653
$155,000 $155,000
$180,872 $ 180,872
$ 46,670 $ 46,670
$1,148,918 $1,148,918
• Streetscape/Accessories
• Transit Shelter
• Snowmelt System
• Construction Administration
Totals
$ 255,100 $ 255,100
$ 75,250
$ 751,300
$ 50,000
$ 2,663,110
$ 75,250
$ 751,300
$ 50,000
$ 4,331,763
The Town of Avon Transportation Center will be constructed with $2,130,488 in SB1 funds and the
required 20% local match of $532,622, from the Town's CIP fund, for a total construction budget of
$2,663,110. The local match funds are available, specifically earmarked for the Transportation
Center, and included in the Town of Avon's adopted 2007 Budget. Other project tasks, such as land
acquisition and design are being funded through with other local money; no SB 1 funds will be used.
Contractor Selection Process:
The procurement/selection process includes a three week advertisement for bids. Advertisements
will be placed in the Eagle Valley Enterprise publication as well as the Vail Daily. Three
advertisement dates are planned, with bids being opened publicly and read aloud at the end of the
fourth week. Advertisement will commence in March, 2007. Due to the complex nature of this
project, the advertisement process will expand beyond the usual reach, targeting contractors in the
3
Exhibit A COFRSRoutingNo:
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Front Range as well as the Western Slope. Bids will be reviewed for their price and conformance
with the contract documents and the lowest qualified bidder is selected.
The selected General Contractor and its subcontractors will be bound by the Town of Avon contract
documents, with insurance and bonding requirements in conformance with CDOT standards.
Town of Avon staff will oversee the project on a daily basis with assistance from the design
consultants as needed to ensure that the project is constructed in accordance with Contract
Documents and Specifications.
Project Timeframe:
Task:
Timeframe:
Contractor Selection
March 2007
Project Construction
Aril- November 2007
Anticipated Project Completion
November 2007
Environmental Clearances:
The Town of Avon is responsible for receiving all relevant environmental clearances from
CDOT Region 3.
State Interest:
The State's interest in the facility is for the duration of 10 years. If during that period, the Town
of Avon wishes to withdraw the facility from the stated use, the Town of Avon agrees to follow
disposition procedures outlined in Section 6 of this Agreement and to notify and confer with
CDOT.
Project Measurement and Reporting:
The project's outcomes will be measured by tracking the ridership numbers, number of bus
departures, and user satisfaction. The new Transportation Center will provide an immediate increase
in capacity flow for transit users with an anticipated increase of the Avon and Eagle County
Regional Transit ridership of 10- 20 percent. The size of the new Transportation Center, with
queuing for six buses, is based on population growth predictions for Eagle County over the next
thirty years. As such, full capacity of the Transportation Center will not be realized until full
regional build-out.
The Town of Avon agrees to submit invoices for reimbursement no more than monthly and include
with each submittal an update detailing the project's progress. For each billing, CDOT will
reimburse no more that 80% of the allowable costs. Additionally, the Town of Avon agrees to
submit to CDOT annually, certification verifying use of the transportation center for the intended
purpose and project measurement reports as requested by CDOT.
4
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EXHIBIT B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
TOWN OF AVON
RESOLUTION NO.-,. 07 -12
Series of 2007
A RESOLUTION AUTHORIZING THE. TOWN OF AVON TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, FOR
THE PROVISION OF A STATEGIC TRANSIT PROJECT.
WHEREAS, the Town of Avon has the power to enter into intergovernmental agreements under
Home Rule Charter Section 16.2; and,
WHEREAS, The State of Colorado,. State Department of Transportation, Division of
Transportation Development, has obtained certain unencumbered State funds for the provision of
strategic transit projects; and,
WHEREAS; The State Department of Transportation, Division of Transportation Development,
is responsible for the disbursement of these funds; and,
WHEREAS, The Town of Avon is desirous of obtaining.said funds for the provision of a
strategic transit project-and has filed an application with the State for this purpose; and,
WHEREAS, The State has proposed an intergovernmental agreement with the Town of Avon to
provide funds to cant' out such project; and,
WHEREAS, The Town of Avon desires to accept the funds for the Avon Transit Center
pursuant to the conditions of the agreement; and,
WHEREAS, The Town of Avon hereby obligates its local funds share.of $ 532,622 as required
by Exhibit A to the Grant Agreement;
l:\Engineering\CIP\Transportation Center\1.3 Funding\SB I Funds Grant Agreement Contract\Resolution 07-12 CDOT SB-1 Transit Grant.Doc
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, AS FOLLOWS:
The Town of Avon hereby approves the attached agreement between the Town of Avon
and the State Department of Transportation, agrees with the terms and conditions stated
therein, and authorizes its mayor to sign said agreement.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, ON THE 27TH DAY OF MARCH, 2007
TOWN COUNCIL
TOWN OF AVON, COLORADO
ATTEST:
r_
Y . r~
`F'ir tkti~r 4.
1:1Engineering\ClP\Transportation Center\1.3 Funding\SB 1 Funds Grant Agreement Contract\Resolution 07-12 CDOT SB-1 Transit Grant.Doc
Exhibit C
EXHIBIT C
COFRSRoutingNo:
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49 C.F.R. 18 SUBPART C
Exhibit C
COFRSRoutingNo:
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49 CFR 18 Subpart C Post-Award Requirements
Financial Administration
Sec. 18.20 Standards for financial management systems.
(a) A State must expand and account for grant funds in accordance with State laws and
procedures for expending and accounting for its own funds. Fiscal control and accounting
procedures of the State, as well as its subgrantees and cost-type contractors, must be sufficient
to--
(1) Permit preparation of reports required by this.part and the statutes authorizing the
grant, and
(2) Permit the tracing of funds to a level of expenditures adequate to establish that such
funds have not been used in violation of the restrictions and prohibitions of applicable
statutes.
(b) The financial management systems of other grantees and subgrantees must meet the
following standards:
(1) Financial reporting. Accurate, current, and complete disclosure of the financial results
of financially-assisted activities must be made in accordance with the financial reporting
requirements of the grant or subgrant.
(2) Accounting records. Grantees and subgrantees must maintain records which
adequately identify the source and application of funds provided for financially assisted
activities. These records must contain information pertaining to grant or subgrant awards
and authorizations, obligations, unobligated balances, assets, liabilities, outlays or
expenditures, and income.
(3) Internal control. Effective control and accountability must be maintained for all grant
and subgrant cash, real and personal property, and other assets. Grantees and subgrantees
must adequately safeguard all such property and must assure that it is used solely for
authorized purposes.
(4) Budget control. Actual expenditures or outlays must be compared with budgeted
amounts for each grant or subgrant. Financial information must be related to performance
or productivity data, including the development of unit cost information whenever
appropriate or specifically required in the grant or subgrant agreement. If unit cost data
are required, estimates based on available documentation will be accepted whenever
possible.
(5) Allowable cost. Applicable OMB cost principles, agency program regulations, and
the terms of grant and subgrant agreements will be followed in determining the
reasonableness, allowability, and allocability of costs.
(6) Source documentation. Accounting records must be supported by such source
documentation as cancelled checks, paid bills, payrolls, time and attendance records,
contract and subgrant award documents, etc.
(7) Cash management. [NOT APPLICABLE]
(c) f NOT APPLICABLE]
Exhibit C COMRoutingNo:
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(d) [NOT APPLICABLE]
Sec. 18.21 Payment. [NOT APPLICABLE]
Sec. 18.22 Allowable costs.
(a) Limitation on use of funds. Grant funds may be used only for:
(1) The allowable costs of the grantees, subgrantees and cost-type contractors, including
allowable costs in the form of payments to fixed-price contractors; and
(2) Reasonable fees or profit to cost-type contractors but not any fee or profit (or other
increment above allowable costs) to the grantee or subgrantee.
(b) Applicable cost principles. For each kind of organization, there is a set of Federal principles
for determining allowable costs. Allowable costs will be determined in accordance with the cost
principles applicable to the organization incurring the costs. The following chart lists the kinds
of organizations and the applicable cost principles.
For the costs of a Use the principles in--
State, local or Indian tribal government. OMB Circular A-87.
Private nonprofit organization other than an (1) OMB Circular A-122.
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A122 as not
subject to that circular.
Educational institutions.
OMB Circular A-21.
For-profit organization other than a hospital and an 48 CFR part 31. Contract Cost Principles
organization named in OMB Circular A122 as not and Procedures, or uniform cost
subject to that circular. accounting standards that comply with
cost principles acceptable to the Federal
agency.
(c) [NOT APPLICABLE]
(d) [NOT APPLICABLE]
(e) [NOT APPLICABLE]
2
Exhibit D
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EXHIBIT D
GENERAL PROCUREMENT STANDARDS
Exhibit D
COFRSRoutingNo:
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General Procurement Standards
1. Maintain a contract administration system which ensures that contractors perform in
accordance with the terms, conditions, and specifications of the contractor purchase.
order.
2. Maintain.a written code of standards of conduct governing the performance of their
employees engaged in the award'.and administration of contracts.
3. Maintain procedures that provide for the review of proposed procurements to avoid
purchase of unnecessary or duplicative items.
4. Use value engineering clauses in to for construction projects. of sufficient size
to offer reasonable opportunities for cost reductions.
5. Make awards only to responsible contractors possessing the ability to perform
successfully under the terms and conditions of the proposed procurement.
Consideration shall be given to such matters as contractor integrity, compliance with
public policy, record of past performance, and' financial and technical resources. _
6. Maintain records sufficient to detail the significant history of the procurement.
Including:
a. Rationale for the method of procurement
b. Selection of contract type
c. Contractor selection or rejection
d. Basis for the contract price
e. Other
7, Maintain protest procedures to handle and resolve disputes relating to procurements.
8. All procurement transactions shall be conducted in a manner providing full and open,
competition:
9. Maintain written selection procedures for procurement transactions
10. Ensure that all pre-qualified list of persons, firms, or products which are used in
acquiring goods and services are current and include enough qualified sources to
ensure maximum open and free competition.
11. Method of procurements to be followed:
a. Small Purchase - are those relatively simple and informal procurement methods
for securing services, supplies, or other-property that do not costmore than
$150000.00. If small purchase procedures are used, price or rate quotation'shall.
be obtained from at lease three sources. Quotations will be in writing if for goods :
in excess of $10,000 and if for services in,excess of $25,000.00.
b.. Formal Sealed Bids - Bids are publicly solicited and a firm-fixed-price contract
(lump sum or unit price) is awarded to the responsible bidder whose bid,
conforming with all the material terms and conditions of the invitation for bids, is
1
Exhibit D
COFRSRoutingNo:
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the lowest in price. This method is preferred for procuring construction. If this
method is used the following requirements apply:
i. Must be publicly advertised
ii. Must give at least 14 days for bidders to respond
iii. Must include any specifications and pertinent attachments to all bidders to
respond properly
iv. All bids will be publicly opened at the time and place prescribed in the
invitation for bid
v. A firm fixed-price contract award will be made in writing to the lowest
responsive and responsible bidder.
vi. Any or all bids may be rejected if there is a sound documented reason
c. Competitive Proposals - is generally used when conditions are not appropriate for
the use of sealed bids. If this method is used the following requirements apply:
i. Request for proposals will be publicized
ii. Identify all evaluation factors and their relative importance
iii. Proposals will be solicited from an adequate number of qualified sources
iv. Have a method for conducting technical evaluation of the proposals
received and for selecting awardees
v. Awards will be made to the responsible firm whose proposal is most
advantageous to the program, with price and other factors considered
vi. May be used for qualifications-based procurement of
architectural/engineering professional services whereby competitors'
qualifications are evaluated and the most qualified competitor is selected.
Note - the method, where price is not used as a selection factor, can only
be used in procurement of A/E professional services. It cannot be used to
purchase other types of services through A/E firms.
d. Noncompetitive Proposals - may be used only when the award of a contract is
infeasible under the other three methods and the following circumstances applies:
i. The item is available only from a single source;
ii. The public exigency or emergency for the requirement will not permit a
delay resulting from competitive solicitation
iii. The awarding agency authorizes noncompetitive proposals; or
iv. After solicitation of a number of sources, competition is determined
inadequate.
2
Exhibit D
COFRSRoutingNo:
SAP ID
12. Small, Minority and Women owned business enterprise and labor surplus area firms -
Take affirmative steps to assure that minority and women business enterprises, and
labor surplus area firms are used when possible.
i. Placing qualified firms on solicitation lists;
ii. Assuring that firms are solicited whenever they are potential sources;
iii. Dividing total quantities to permit maximum participation
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by S/M/W owned firms.
v. Using the services of the Small Business Administration, Minority
Business Development Agency of the Department of Commerce, the
CDOT EO office or other agencies that qualify S/M/W owned firms.
13. Bonding requirements - For construction or facility improvement contracts or
subcontracts exceeding $100,000.00
3
COFRSRoutingNo:
SAP ID
EXHIBIT E
SAMPLE OPTION LETTER
Exhibit E
OPTION LETTER
COFRSRoutingNo:
SAP ID
Date: State Fiscal Year: Option Letter No.
SUB3ECT: (Please indicate purpose by choosing one of the following)
1 - Option to renew only (for an additional term)
2 - Change in the amount of goods within current term
3 - Change in amount of goods in conjunction with renewal for additional
term
4 - Level of service change within current term
5- Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) of contract routing number FY Agency
Routing, between the State of Colorado, Department of Transportation, and contractor's
name the state hereby exercises the option for an additional term of include performance
Period here at a cost/price specified in Paragraph/Section/Provision . AND/OR an
increase/decrease in the amount of goods/services at the same rate(s) as specified in
Paragraph/Schedule/Exhibit
The amount of the current Fiscal Year contract value is increased/decreased by
$ to a new contract value of to satisfy services/goods
ordered under the contract for the current fiscal year indicate Fiscal Year. The first
sentence in Paragraph/Section/Provision is hereby modified accordingly.
Fund CO PR PO Func G/L Account Fund Ctr WBS/ Project Amount
The total contract value to include all previous amendments, option letters, etc. is $ .
APPROVALS:
State of Colorado:
Bill Ritter Jr., Governor
By:
Executive Director
Colorado Department of Transportation
Date:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
Exhibit E - Page 1 of 2
Exhibit E
COFRSRoutingNo:
SAP ID
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is
not authorized to begin performance until the contract is signed and dated below. If performance
begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or
services provided.
State Controller
Leslie M. Shenefeit
By: _
Date:
Exhibit E - Page 2 of 2
Exhibit F
COFRSRoutingNo:
SAP ID
EXHIBIT F
SAMPLE CHANGE ORDER LETTER
Exhibit F COFRSRoutingNo:
SAP ID
SAMPLE BILATERAL CHANGE ORDER LETTER
Date: State Fiscal Year: Bilateral Change Order Letter No.
In accordance with Paragraph of contract routing number (F)') (Agencyc (Routing
between the State of Colorado Department of or Higher Ed Institution (agency name) (divisi
and (contractor's name) covering the period of (include performance period here ) the
undersigned agree that the supplies/services affected by this change letter are modified as
fol lows:
Choice #1: Services /Supplies
Exhibit/Attachment , Schedule of Equipment for Maintenance or Schedule of
Delivery, is amended by (adding/deleting) or (increasing&ecreasinq) the level of services. The
term of this contract is hereby modified by (increasing/decreasing) the ending term date as
appropriate to the change made above.
Choice #2: Price/Cost
The maximum amount payable by the State for (service%ommodiiv) in
Paragraph/Schedule/Exhibit/Attachment/Provision/Section is (increased/decreased) by
amount of change) to a new total of ) based on the unit pricing schedule in
Exhibit/Attachment . The first sentence in Paragraph is hereby modified accordingly.
The total contract value to include all previous amendments, change orders, etc. is
Choice #3: No Cost Change
The parties agree that the changes made herein are "no cost" changes and shall not be
the basis for claims for adjustment to price, cost ceiling, delivery schedule, or other
terms or conditions of the contract. The parties waive and release each other from any
claims or demands for adjustment to the contract, including but not limited to price,
cost, and schedule, whether based on costs of changed work or direct or indirect impacts
on unchanged work.
[Include this sentence] : The effective date of this change order is upon approval of the State
Controller or (date), 20 _ whichever is later.
Please sign, date, and return all copies of this letter on or before
20
APPROVALS:
Contractor Name:
By:_
Name:
Title:
State of Colorado:
Bill Ritter, Jr., Governor
For the Executive Director
Colorado Department of Transportation
Exhibit F- Page 1 of 2
COFRSRoutingNo:
SAP ID
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is
not authorized to begin performance until the contract is signed and dated below. If performance
begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or
services provided.
State Controller
Leslie M. Shenefelt
By:
Date:
Effective:
January 9, 2007
Exhibit F- Page 2 of 2
Eabibit G
EXHIBIT G
COFRSRoutingNo:
SAP ID
PROJECT APPLICATION
Exhibit G COMSRoutingNo:
SAP ID
Strategic Transit Project Application Form
Applicant-Organization: Town of Avon
Applicant address: 400 Benchmark Road, PO Box 975, Avon, CO. ,81620
Contact person: Bob Reed or Jane Burden Phone: 970-748-4115 or_970-7484111
Email address: -iburdenravon.or2 or breed@avon.org
FAX: 970-845-8589
1. Project Title and Descriptive Title: (limit.to 25 words).
The Avon Town Center Transportation Center will be located on Benchmark Road:and is a part
of an Avon Town Center re-development project. This multi-modal transportation transfer
facility is located adjacent to the Union Pacific Rail Corridor providing connectivity. for local
and county-wide bus services; trail usage and gondola access to Beaver Creek Mountain.
2. What is the total project cost? $ 4,331,763
What is the total amount of State funding requested? $ 2,130,488
3. Type of Project: .
. Rolling stock: replacement _ expansion
Rail or BRT elements
Bus Maintenance Facility: replacement:
Bus transfer/intermodal facility: X
Planning: _ Other
4. Applicant Information and Description of Transit Program:
Avon. Transit is operated by the Town of Avon, a Municipality of the State of Colorado: Avon
Transit provides fixed route service for the Town of Avon and the Village at Avon along with
contract service for Beaver Creek Colorado. Our "fare free" service operates 12 hours a day,
365.days a year with 30-minute headways. Service is oriented to employee commutes to and
from work,. guest and skier visitors and the disabled.
5'. Project'Description:
The Avon Transportation Center will have approximately 40,000 square feet 'total surface area
and will accommodate five fully independent functioning, full sized (45 foot bus) loading spaces
plus a. 450 square foot heated passenger shelter. The Transportation.Center site is located
adjacent to the currently inactive Union Pacific Rail Line which provides opportunities for the
center to service potential future rail passenger, service from the Eagle County Regional Airport, and the down valley residential areas. The Center design incorporates, and includes a major
pedestrian way connecting the Avon Town Center Core, Transportation Center and Westin
expansion
2
Exhibit G COMSRoutingNo:
SAP ID
Riverfront Development including a gondola to the Beaver Creek Ski Area.
Transportation Center Design is configured and detailed to separate pedestrians and passengers
from bus circulation. A comprehensive sign and lighting program is included for easy way
finding and navigation among the multiple transit systems using the Center. A snowmelt system
is proposed in all pedestrian and vehicle circulation areas for year round safety and maintenance.
6. What is the strategic importance of implementing this particular project?
(a) If you are applying on the basis of the project increasing ridership
through improving transit connections between communities, please describe
how the project would do so:
The new Avon Transportation Center Project will improve connections for mass transit
passengers throughout Eagle County. The facility will allow passenger transfers and
connections with speed, flexibility and efficiency. This multi-modal transportation center will be
the only transportation transfer center in existence from Glenwood Springs to Vail. A distance
of 74 miles!
It will service communities to the west of Avon including Dotsero, Gypsum, Eagle and Edwards
where a majority of professional and service workers, and their families live. To the east and
south of Avon this transportation center will service the communities of Eagle-Vail, Vail,
Minturn, Red Cliff and Leadville.
Both the Avon Transit system which services the Town of Avon, The Village at Avon and
Beaver Creek and the Eagle County Regional Transportation System (ECO) which services the
communities of Dotsero, Gypsum, Eagle, Edwards, Eagle-Vail, Leadville, Minturn and Vail will
use this new facility. These bus systems and more importantly their passengers will benefit from
this new transportation center project. Currently we are using a facility built in 1983 meant to
be a bus stop. It is a circular drive, which can accommodate only two full size buses at one time.
The passenger waiting area is a cement block building with one bench exposed to the elements,
little lighting and not conducive to appropriate destination signage.
Between the Avon Transit System and the Regional Transit system, we have up to 27 buses an
hour with an average of 14 buses per hour using this out dated transit center. Passenger totals for
the Avon Transit system average 1.5 million per year. The Eagle County Regional Transit
System (ECO) averages 800,000 passengers per year.
As housing prices within our community soar forcing many professional and service workers
down valley to attain a residence of their own, along with increasing fuel prices, the costs of
commuting solely by personal vehicle for many of our residents is prohibitive.
With the two park-n-ride facilities along the I-70 corridor, from Glenwood Springs to Avon,
most mass transit passengers with in Eagle County come through the Avon Transit Center daily
to their various destinations. The Town of Avon currently encompasses three large affordable
housing complexes within its city limits adding to the volume, as mass transit is the only means
3
Exhibit G COMSRoutingNo:
SAP ID
of travel for many of these housing occupants.
Vacation guests and skier visitors to our area number in the millions each year; most would
prefer to come without a rental car.
With its strategic location adjacent to the Union Pacific Rail corridor (perhaps a future light rail
connection to the Eagle County Regional Airport), the countywide trail system and the new
gondola accessing the Beaver Creek Ski area, this new transportation center project affords
residents and guests living or visiting throughout Eagle County a true multi-modal mass transit
transfer center.
The speed, flexibility and convenience of connections and transfers this facility will allow for
mass transit passengers will ensure heavy usage.
(b) If you are applying on the basis of the project increasing access to critical
destinations, please describe how the project would do so:
7. In which calendar years do you desire specific amounts of funding for this project?
2006 $ 2,130,488
2007 $
2008 $
2009 $
2010 $
8. Are there any special circumstances that require that funding be in the specific
years requested? (How flexible are the specific years?)
The Avon Town Transportation Center Project is ready to go. The Transportation Center site
has
been acquired, Construction Plans and Bid Documents are 95% complete and pending
availability of funds, we anticipate advertising for bids in February 2007 with construction
beginning in April 2007 and project being complete by November 2007. The Transportation
Center is a critical element in the overall area transportation systems including the Gondola
connecting Avon to the Beaver Creek Ski area. The gondola is currently under construction and
is scheduled to be in operation for the 2007/2008 ski season.
9. From where will you obtain/provide the local 20% matching funds?
The Town of Avon has currently spent over $1,500,000 to date for purchase of site and
development. of construction plans for the Avon Transportation Center. The 20% local matching
funds in the amount of $532,622 will come from the Town of Avon Capital Improvement Fund
and a $400,000 funding commitment from Eagle County. See attached documentation for past
and proposed local funding. (Letter from Larry Brooks, Town Manager of the Town of Avon
describing status of local match including Town of Avon Transportation Center Funding
Summary, July 2006 and Town of Avon, Colorado Resolution No. 06-17, Amending the 2006
4
Exhibit G
COFRSRoutingNo:
SAP ID
Town of Avon Budget summarizing current CIP Budget including Transportation Center)
10. Describe the commitment of your organization to maintaining the project and
sustaining the service that would be provided over the life of the project.
The Avon Town Center Transportation Center will be maintained by Public Works Department
Funded by the Town of Avon General Fund.
11. Describe the "readiness" of the project. Are any additional steps necessary prior to
being able to expend the funds? (e.g. NEPA clearances, commitments from other
partners, legal commitments).
The Town of Avon is the sole proprietor of this project. NEPA clearances are intact; site
acquisition is complete, with 95% of construction planning done. There are no known
impediments to the readiness, completion and future maintenance of this project.
12. Is this proposed project consistent with regional priorities as expressed through the
regional planning process and within your TPR's Regional Transportation Plan?
The Avon Town Center Transportation Center is included in both the STIP and the 2030
Regional Transportation Plan.
13. Describe how you think the project provides economic vitality to the community,
region and state. Indicate if the project specifically addresses environmental justice
objectives.
The Avon Town Center Transportation Center is an integral part of a down town re-development
project. This project encompasses a pedestrian mall with retail/restaurant elements, residential
affordable housing, a parking garage, gondola access to the Beaver Creek Ski Area, a whitewater
park on the Eagle River and ECO trail access.
This project will be a hub of activity for our community. The central location of the Town of
Avon with in Eagle County affords availability to all of the project amenities to countywide
residents and visitors. It will enhance both the Town of Avon and Eagle County sales tax
revenues.
The residential affordable housing aspect of this project makes the Town of Avon a major place
to live for the service workers so important to the economy of this area. We currently have three
affordable housing complexes within our town. These affordable/attainable housing units are all
within a five minute walk from transit systems served by this Transportation Center and virtually
all employment destinations including hotel/accommodation units are within a five minute walk
from these transit systems. The transportation center is critically important to these residents.
Some have one car per household and over half of the seasonal service workers have no means
of personal transportation. They rely on mass transportation exclusively.
This transportation center will enable residents and guests alike convenient access to the Town
5
Exhibit G COFRSRoutingNo:
SAP ID
of Avon and Eagle County Regional bus service, to the gondola to go skiing in Beaver Creek, to
bike and hike on the ECO trail system and hopefully in the near future a light rail system to the
Eagle County Regional Airport. For the millions of visitors who come to visit and vacation
within our community and the communities surrounding us, this project will enable them to
enjoy their time with us without the worry of a rental car.
Residents of Avon and Eagle County are extremely committed to ensuring the pristine
environment in which we live. It is in some sense the "life blood" of our resort communities and
quite literally our backyard. This project encompasses a mass transit facility, gondola and
extensive trail system; all low impact modes of transportation; all environmentally friendly.
14. Describe how you think the project increases mobility on congested portions of the
state highway system.
The Town of Avon is located along the I-70 corridor, the only east-west interstate corridor in
Colorado. Our efforts to get locals and visitors out of personal vehicle transportation and into
mass transit are on going. This Transportation Center project is a critical element in this on
going effort. It will afford passengers speed, flexibility and efficiency in their daily commutes,
the three elements most commuters desire of mass transit.
15. Indicate whether your project leverages funding from other sources or offers an
overmatch.
The Town of Avon has secured FTA 5309 funding in the amount of $584,069 for this Transit
Center Project. Approval of this Grant in combination with Town of Avon and Eagle County
funds will provide for construction of an expanded and more user friendly Transportation Center
with long term benefits and allow the FTA 5309 funds to be used for much needed rolling stock.
16. Please provide any other pertinent information regarding the project.
This transportation project is ready to go! Pending availability of funds, this project will be
Advertised for Bids in February 2007 with construction beginning in April and completion in
time to begin operations in November 2007. It will have a huge positive impact on our
countywide community! Your time and assistance is greatly appreciated!
6
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Enginee
Jeffrey Schneider, Engineer II
Date: March 20, 2007
Ike: Resolution 07-12, Series of 2007, A Resolution Authorizing the Town Of
Avon to Enter Into an Intergovernmental Agreement with the State Department
of Transportation, Division of Transportation Development, for the Provision
of a Strategic Transit Project (Avon Transit Center)
Summary:
In the Summer of 2006, the Town of Avon applied for grant monies funded by Senate Bill 1,
a grant which provides for strategic transit projects throughout the State of Colorado and
administered through the Division of Transportation Development at the Colorado
Department of Transportation (CDOT). The Town was subsequently awarded over $2.1
Million for construction of the Avon Transit Center, a new multi-modal facility generally
consisting of a transit shelter, queuing for six full-size buses, roadway realignment and
reconstruction, and utility work as needed. The Transit Center is the first of many projects
undertaken to realize the vision of Avon Town Center West. It will create an important
corridor from Avon to Beaver Creek Resort via the railroad crossings to. the gondola, and it
will continue to serve Avon and valley-wide visitors and residents based on future growth and
build-out projections for Avon and Eagle County. The Transit Center is also unique in that its
location and design enable it to be easily converted to a rail station, should light rail become a
reality for the Eagle Valley.
Resolution 07-12, Series of 2007, A Resolution Authorizing the Town Of Avon to Enter Into
an Intergovernmental Agreement with the State Department of Transportation, Division of
Transportation Development, for the Provision of a Strategic Transit Project, is attached as
Exhibit A, and enters the town into a Grant Agreement through which the awarded Senate
Bill I grant monies will be received to fund the construction of the Avon Transit Center.
Since the Grant Agreement, attached as Exhibit B, is an intergovernmental agreement,
Resolution 07-12 requires a two-thirds majority vote by Council.
C Documents And Settings\Nwood\Local Settings\Temporary Internet Files\01-K23\Council Memo Res 07-12 CDOT Grant Agreement.Doc I
r-
0IScusslon:
The Senate Bill 1 Program is in its infancy, with the Town of Avon being the first
organization to enter into a Grant Agreement with CDOT under this grant program. Town
staff has been working.with CDOT staff since November of 2,006 to get the Grant Agreement
in place. Once funds were awarded, the Town petitioned for an amendment to the CDOT
2030 Plan via the'Intermountain Regional Transportation Planning Commission. Following
that,.. Environmental Clearances from CDOT had" to be secured prior to authorization to
Advertise for Bids.. Several iterations of Scope of Work revisions occurred concurrently,
since the Scope of Work is Exhibit A to the Grant Agreement and details the project and its
responsible parties. The Grant Agreement is the result of.-months of work by Town and
CDOT staff, and Resolution 07-12 is the final step and will be included as Exhibit B to the
Grant Agreement. Timely ratification of Resolution. 07-12 is critical to maintain the
extremely tight procurement and construction timeline for this project in order to have a fully
functioning Transit, Center by November 2007. The Grant Agreement contract has been
reviewed and approved by the Town Attorney.
Financial Iniplicationse
To date, the.Town of Avon has expended approximately 1.6 Million for Land Acquisition
and Design of the ~ Avon Transit Center. Those expended funds are not eligible for
reimbursement through the Senate Bill 1 process. The project is currently being. advertised
for bids, with award of . the construction contract anticipated for. April 24, , 2007, and
construction commencing shortly thereafter. The following is a cost breakdown .of the Avon
Transit Center Project based on budgetary figures and.construction,cost estimates:
Line Item
Grant
Grant
Totals
Ineligible
Eligible
Land Acquisition
$ l', 418,688
-0-
$ 1,418,688
Preliminary Design
$.59,965
- 0 -
$ 59,965
Final Design
$ 190,000
-0-
$ 190,000
Construction Estimates (Itemized
Below)
Mob/Demob/Demolition/Traffic
-0-
$ 155;000.
$ 155,000 .
Control
Site/Road Construction
-0-
$ 180,872
$ 180,872
Storm Sewer
-0-
$ 46,670 ,
$ 46,670
Concrete and Pavement Construction
-0-
$ 1,148,918.
$ 1,148,918
Streetscape/Accessories
-0-
$ 255,100 •
$ 255,100
Transit. Shelter"
-0-
$ 75,250
$ 75,250
Snowmelt System:.
-0-
$751,300 .
$ 751,300 .
Construction Administration
-0-
$ 50,000
$ 50,000:
Totals
$ 1.668.653
$ 2.663.110
$ 4.331;763 .
Of the $ 2,663,110 Grant Eligible amount, $ 2,130,488 consist of Senate Bill 1 Grant Funds,
with the remaining $ 532,622 provided by the Town of Avon Capital Projects Fund. The
CADocuments And Settings\Nwood\Local Senines\Temporary Internet Files\OLK23\Council Memo Res 07-12 CDOT Grant Agreement.Doc 2
Town of Avon Funds, also referred to as the Local Agency Match, is in the adopted 2007 CIP
Budget. It should be noted that the above cost breakdown is based on construction cost
estimates. Actual construction bid pricing could potentially exceed cost estimates. The
Senate Bill 1 Grant amount of $ 2,130,488 is a fixed amount, and is not subject to change.
Any additional funding required will need to be absorbed by the CIP Fund.
The grant funding process relies on reimbursements. The Town will submit an invoice to
CDOT on a monthly basis, with the contractor pay request or other allowable supporting
information attached. CDOT will then reimburse the Town up to 80% of the allowable
expenses of the project, not to exceed the $ 2,130,488 grant amount.
The Senate Bill 1 Grant differs from many CDOT Grants in that it contains no federal money.
Typically, with federal money comes extensive reporting and additional administrative costs
during construction. CDOT involvement once the project commences will be minimal due to
the lack of federal grant money, and since the project is not located on the state highway
system. Related administrative costs will be far lower than comparable projects that utilize
federal grant funds.
Recommendations:
Approve Resolution 07-12, Series of 2007, A Resolution Authorizing the Town Of Avon to
Enter Into an Intergovernmental Agreement with the State Department of Transportation,
Division of Transportation Development, for the Provision of a Strategic Transit Project.
Proposed Motion:
I move to approve Resolution 07-12, Series of 2007, A Resolution Authorizing the Town Of
Avon to Enter Into an Intergovernmental Agreement with the State Department of
Transportation, Division of Transportation Development, for the Provision of a Strategic
Transit Project.
Note: This is an Inter-governmental Agreement and as such, requires a two-thirds majority
vote by Council.
Attachments:
Exhibit A - Resolution 07-12, Series of 2007, A Resolution Authorizing the Town Of Avon
to Enter Into an Intergovernmental Agreement with the State Department of Transportation,
Division of Transportation Development, for the Provision of a Strategic Transit Project
Exhibit B - CDOT Senate Bill 1 Grant Agreement
Town Manager Comments:
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TOWN OF AVON
RESOLUTION NO. 07 -12
Series of 2007
A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE DEPARTMENT OF
TRANSPORTATION, DIVISION OF TRANSPORTATION DEVELOPMENT, FOR
THE PROVISION OF A STATEGIC TRANSIT PROJECT.
WHEREAS, the Town of Avon has the power to enter into intergovernmental agreements under
Home Rule Charter Section 16.2; and,
WHEREAS, The State of Colorado, State Department of Transportation, Division of
Transportation Development, has obtained certain unencumbered State funds for the provision of
strategic transit projects; and,
WHEREAS, The State Department of Transportation, Division of Transportation Development,
is responsible for the disbursement of these funds; and,
WHEREAS, The Town of Avon is desirous of obtaining said funds for the provision of a
strategic transit project and has filed an application with the State for this purpose; and,
WHEREAS, The State has proposed an intergovernmental agreement with the Town of Avon to
provide funds to carry out such project; and,
WHEREAS, The Town of Avon desires to accept the funds for the Avon Transit Center
pursuant to the conditions of the agreement; and,
WHEREAS, The Town of Avon hereby obligates its local funds share of $ 532,622 as required
by Exhibit A to the Grant Agreement;
C:\Documents And Settings\Nwood\Local Senings\Temporary Internet Files\01,K23\Resolution 07-12 CDOT SB-1 Transit Grant.Doc
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, AS FOLLOWS:
The Town of Avon hereby approves the attached agreement between the Town of Avon
and the State Department of Transportation, agrees with the terms and conditions stated
therein, and authorizes its mayor to sign said agreement.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, ON THE 27T" DAY OF MARCH, 2007
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenney
Town Clerk
C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK23\1kesolution 07-12 CDOT SB-I Transit Grant.Doc
COFRSRoutingNo:
SAP ID
GRANT AGREEMENT
THIS GRANT AGREEMENT made this _ day of 20_, by and between the
State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter
referred to as the State and the Town of Avon, Colorado; CDOT Vendor 100461; hereinafter referred
to as the "Contractor" or the "Local Agency."
RECITALS
A. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for
payment in G/L Account 4518000010, Company Code 1000, CO Area 1000, WBS Element
16204.15.03; Fund 400, Functional -Area 1510, Funds Center DT510-010, for a total available
funds of $2,663,110. The maximum amount payable by the. Department shall not exceed
$2,130,488,.which is 80% of the total available funds. The local match will be $532,622 which
is 20 % of the total available funds.'
B. Required approval, clearance and coordination have been accomplished from and with appropriate
. agencies.
C. Pursuant to 43-4-206(VII)(2)(a)(I) CRS, the State has received. approval and funding for
implementation of Strategic Transit Project Funds from the Colorado Legislature and/or its Joint
Budget Committee.
D. By Resolution Number TC-1401, the Transportation Commission of Colorado established a Task
Force to recommend to the Commission a process for project selection and prioritization.
E. The State has solicited and reviewed project Applications in accordance with such program criteria
and determined which agencies or entities' projects would be most appropriate for funding.
F.. The Local Agency has submitted a funding Application to carry out a strategic transit project,
hereinafter referred to as the Project.
G. The Task Force recommended to the Commission a list of strategic transit projects for approval and
by. Resolution Number TC-1455, the Commission approved the list.
H. The State has funds available and will provide 80% of the funding and the Local Agency will
provide the 20% local match for the work.
1. The Local Agency shall comply with all state and other applicable requirements, including the .
State's general administration of the project through this Agreement, in order to obtain state
funds for the project.
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