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HomeMy WebLinkAboutbocc.con.174.2013 MEMORANDUM DEPARTMENT OF TRANSPORTATION Wendy Mallari Allspaugh �T' Center for Procurement and Contract Services 4201 E.Arkansas Avenue, Room 150 / � 3 �� Denver, Colorado 80222 /�O�A�� ���TMP��Tw��T�,�� . (303)757-9351 V APPNOVED BY �-� �� �� �,�� May 10, 2013 RESOLUTION � # �3 � • �Dll Gerald Fielding Pitkin County 76 Service Center Aspen, CO 81611 RE: Intergovernmental Agreement Option Letter, 18184 - Upper RG Bridge £t Paving Pitkin Dear Gerald: Enclosed, please find an original, fully executed copy of the Intergovernmental Agreement Option Letter for the above referenced IGA for your files. If you have any questions or need additional assistance, feel free to contact me at 303- 757-9351 or at wendy.mallariC�state.co.us. Sincerely, �..���� �,'� l U " '� �7�TJ`tL Wendy M. Allspaugh Contract Administrator CDOT Procurement Services 1 � ' ( i IGA OPTION LETTER Date:4I10/2013 SWte Fiscal Year: 2073 Option Letter No. 1 Routing#13 HA3 55118 Pro'ect#CMAQ AQC C570-019 16184) Ori Routin #11 HA3 26567 PO#271007856 337000385 Vendor name: Pitkin Countv SUBJECT Option to add phasing and update funding. REQUIRED PROVISIONS In accordance with the terms of the original Agreement, Section 7, B. and C., original routing number 11 HA3 26567, executed on May 27, 2011 between the State of Colorado, Department of TranspoRation, and Pitkin County, the State hereby exercises the option to add the construction phase in FY 13 and update funding based on changes from state, federal, local match and/or local agency overmatch funds. The net encumbrance is increased from $0.00 to $340,000.00 to satisfy services ordered under the Agreement for the current fiscal year 2013. A new Exhibit C-2 is made part of the original Agreement and replaces Exhibit C-1. The total Agreement value to include all previous amendments, option letters, etc. is $340,000.00. The effective date of this Option Letter is upon approval of the State Controller or delegate. APPROVALS For Pit in Count : p D, �,,, (� /� 1�J l�l� +J�� Print m andTi�leofAut 'o'izedln 'Gidual � `���� Date: � �� I Signature State of Colorado: John W. Hickenlo per, Governor � � Date: ! �Z2`/ '� By Timothy J.- arris, PE, Chief Engineer For ponald E. Hunt, Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS§2430-202 requires the SWte Controller to approve all SWte Contracts.This Contract is not valid until signed and dated below by the SWte Controller or delegate.Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contrector for such performance or for any goods andlor services provided hereunder. State Controller David J. McDermott, CPA By: �-'�C���°� Date: S�S�3 'Y r � 30. EXHIBIT C-2 — FUNDING PROVISIONS A. Cost of Work Estimate The Local A enc has estimated the total cost of Work to be$340,000.00 which is to be funded as follows: 1 BUDGETEDFUNDS a. Federal Funds $281,486.00 (82.79% of Participating Costs) b. Local Agency Matching Funds $58,514.00 (17.21% of Participating Costs) c. Local Agency Overmatch $0.00 TOTAL BUDGETED FUNDS $340,000.00 ' 2 ESTIMATED CDOT-INCURRED COSTS a. Federal Share $0.00 (0% Participating Costs) b. Local Share Local Agency Share of Participating Costs $0.00 Non-Participating Costs (Including Non-Participating Indirect Costs) $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted (�a) $281,486.00 b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $281,486.00 q FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount (1a) $281,486.00 b. LA Matching Funds Enhancement (1b) $58,514.00 Net to be encumbered as follows: WBS Element 18184.20.10 Const 3301 $340,000.00 WBS Element 18184.10.30 Design 3020 $0.00 B. Matching Funds The matching ratio for the federal participating funds for this project is 82.79% federal-aid funds (CFDA #20 2050) to 17.21% Local Agency funds, it being understood that such ratio applies only to the.$340,000.00 that is eligible for federal paRicipation, it being further understood that all non-participating costs are borne by the Local Agency at 100°/a. If the total participating cost of performance of the Work exceeds $340,000.00, and additional federal funds are made available for the Work, the Local Agency shall pay 17.21% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the local agency shall pay all such excess costs. If the total participating cost of pertormance of the Work is less than $340,000.00, then the amounts of Local Agency and federal-aid funds will be decreased in Exhibit G2 - Page 1 of 2 3 �( � � accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this contract shall be $281,486.00 (For CDOT accounting purposes, the federal funds of $281,486.00 and the Local Agency matching funds of $58,514.00 will be encumbered for a total encumbrance of $340,000.00) unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the Parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Amendment, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non-profit organization Subgrantees receiving more than $500,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-133 (Audits of States, Local Governments and Non- Profit Organizations) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Subgrantees receiving federal funds are as follows: i. Expenditure less than $500,000 If the Sub-The Local Agency expends less than $500,000.00 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding more than $500,000.00—Highway Funds Only If the Sub-The Local Agency expends more than$500,000.00 in Federal funds, bul only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the "financial" procedures and processes for this program area. iii. Expenditure exceeding more than $500,000.00 —Multiple Funding Sources If the Sub-The Local Agency expends more than $500,000.00 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Exhibit C-2 - Page 2 of 2 �