HomeMy WebLinkAboutbocc.res.119.2020Contract No. 260.2020 - BOCC
(Attached)
EMERGENCY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO AUTHORIZING, THE CHAIR OF THE BOCC TO
SIGN AND ENTER PITKIN COUNTY INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE
OF COLORADO FOR OFF -SYSTEM BRIDGE GRANT
FUNDING
RESOLUTION NO. 119-2020
RECITALS:
WHEREAS, pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes, as amended
(the "Intergovernmental Relations Statutes") and Article XIV, Section 18 of the Colorado
Constitution, governments may contract with one another to provide any function, service
or facility lawfully authorized to each of the contracting units and any such contract may
provide for the joint exercise of the function, service or facility, including the establishment
of a separate legal entity to do so.
WHEREAS, pursuant to Section 2.8.5 of the HRC the Board is authorized to approve
emergency resolutions, which shall become effective immediately upon adoption, and;
WHEREAS, Pitkin County ("Pitkin") and the State of Colorado via Colorado Department of
Transportation wish to enter into an intergovernmental agreement for the purposes of funding
design for the upper Castle Creek Bridge via Off -System Bridge Grant Funding and;
WHEREAS, Pitkin County applied for and received Off -System bridge grant funding through
Colorado Counties, Inc. and the Colorado Department of Transportation and;
WHEREAS, this second grant was awarded to Pitkin County in the total of $875,500 of Federal
Funds towards the construction of the Bridge carrying Castle Creek Road over Castle Creek at
approximately Mile Post 9 and;
WHEREAS, Pitkin County had already received $340,000 of Off -System Bridge Grant Funding for
engineering and this IGA will carry forward the remaining balance; and
WHEREAS, Pitkin County has budgeted through the 2020 budget a match of greater than the
$340,000 match required for both grants and;
WHEREAS, both Pitkin and the State of Colorado are governments authorized to enter into
agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision of any
function, service, or facility lawfully authorized to each; and
WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin and the State
of Colorado to enter into this agreement in order to ensure a safe and efficient transportation
network.
NOW, THEREFORE BE IT RESOLVED bylthe Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts an Emergency Resolution of the Board of County
Commissioners ("BOCC") of Pitkin County, Colorado Authorizing the Chair of the BOCC
to sign and enter Pitkin County into an Intergovernmental Agreement with the State of
Colorado for Off System Bridge Grant Funding and Authorizes the Chair to sign the
Resolution and upon the satisfaction of the County Attorney as to form, execute any other
associated documents necessary to complete this matter.
INTRODUCED, READ AND ADOPTED AS AN EMERGENCY RESOLUTION ON
THE 8TH DAY OF APRIL, 2020 AND SET FOR CONFIRMATORY PUBLIC HEARING
ON THE 22ND DAY OF APRIL, 2020.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND TITLE AND SHORT
SUMMARY OF THE EMERGENCY RESOLUTION PUBLISHED IN THE ASPEN
TIMES WEEKLY ON THE 9TH DAY OF APRIL, 2020.
NOTICE OF CONFIRMATORY PUBLIC HEARING AND THE FULL TEXT OF THE
EMERGENCY RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE 10TH DAY OF APRIL 2020.
CONFIRMED AT A PUBLIC HEARING ON THE 22ND DAY OF APRIL, 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY
PUBLIC HEARING, IN THE ASPEN TIMES WEEKLY ON THE 30TH DAY OF APRIL,
2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE www.pitkincounty.com ON THE 30TH DAY OF APRIL, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By 9 h- jbin t,S
S41-even F. diatt
By:
Jeanette Jones Steven F. Child, Chair
Deputy County Clerk
Date: Feb-14-2021
APPROVED AS TO FORM: MANAGER APPROVAL
5oVv. at
Ptups M.af {iu,
John Ely, County Attorney Phylis Mattice for Jon Peacock, County
Manager
2
DocuSign Envelope ID: 9C1 E2FCA-C1 00-4987-A1 AE-AB459274EE49
Contract No. 260.2020 - BOCC
PO #: 331001785
Routing #: 18-HA3-XC-00049-M0001
Additional PO Reference: 400001180; 400000939
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: BRO SW02-122 (22513)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
18-HA3-XC-00049-M0001
Local Agency
Original Agreement Routing Number
Pitkin County
18-HA3-XC-00049
Agreement Maximum Amount
Agreement Performance Beginning Date
Initial term
The later of the effective date or July 25, 2018
State Fiscal Year
$0.00
Extension terms
State Fiscal Year
$0.00
State Fiscal Year
$0.00
Agreement expiration date
State Fiscal Year
$0.00
May 28, 2028
State Fiscal Year
$0.00
Total for all state fiscal years
$1,519,375.00
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
Slug- (f-aYtisatn,
Stephen Harelson, P.E., Chief Engineer
5/4/2020
Date:
LOCAL AGENCY
Pitkin County
S4-eve CL.1.d.
LOCAL AGENCY
(2nd Signature if Necessary)
Juwultt, s)oliu,s
Signature
steve Child pitkin County Commissioner
Signature
BOCC Tones BOCC Clerk
By: (Print Name and Title)
Date: Pitkin County Commissioner
By: (Print Name and Title)
I Date: 5/4/2020
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
ovi Coptiout a
Department of Transportation
5/4/2020
Effective Date:
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DocuSign Envelope ID: 9C1 E2FCA-C100-4987-AlAE-AB459274EE49
PO #: 331001785
Routing #: 18-HA3-XC-00049-M0001
Additional PO Reference: 400001180; 400000939
1) PARTIES
This Amendment (the "Amendment") to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the "Agreement") is entered into by and between the Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
The original contract was to replace the Castle Creek Bridge because it was structurally deficient. The budget
was $425,000.00. Pitkin County has received additional funding and the original contract amount is increased
by $1,094,375.00 to $1,519,375.00. Additionally, the term of the contract is increased from five (5) years to 10
years. The contract will now expire on May 28, 2028.
5) MODIFICATIONS
Exhibits C, C-1, and C-2 are removed and replaced in their entirety with Exhibit C-3, Funding Provisions
attached hereto and incorporated herein by reference. Upon execution of this Amendment, all references in
the Agreement to Exhibits C, C-1, and C-2 will be replaced with Exhibit C-3.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
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DocuSign Envelope ID: 9C1 E2FCA-C100-4987-AlAE-AB459274EE49
EXHIBIT C-3 — FUNDING PROVISIONS
A. Cost of Work Estimate
Project# BRO SW02-122 (22513)
The Local Agency has estimated the total cost the Work to be $1,519,375.00, which is to be funded as follows:
1. BUDGETED FUNDS
a. Federal Funds $1,215,500.00
(80% of Participating Costs)
b. Local Agency Matching Funds $303,875.00
(20% of Participating Costs)
TOTAL BUDGETED FUNDS
1,519,375.00
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Federal Award Date: TBD
c. Amount of Federal Funds Obligated: $340,000.00
d. Total Amount of Federal Award: $1,215,500.00
e. Name of Federal Awarding Agency: FHWA
f. CFDA# - Highway Planning and Commission CFDA 20.205
g. Is the Award for R&D? No
h. Indirect Cost Rate (if applicable) N/A
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $1,215,500.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY
$1,215,500.00
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount $1,519,375.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109
Net to be encumbered as follows:
$1,519,375.00
Additional Construction funds will become available after federal authorization and execution of an Option Letter
(Exhibit B) or formal Amendment.
WBS Element 22513.10.30
Performance Period Start*/End Date
May 10, 2018 / December 31, 2022
Design
3020
$245,000.00
WBS Element 22513.20.10
Performance Period Start*/End Date
March 5, 2020 / December 31, 2022
Const.
3301
$180,000.00
*The Local Agency should not begin work until all three of the following are in place: 1) Phase Performance Period Start Date; 2) the
execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to
Proceed. Any work performed before these three milestones are achieved will not be reimbursable.
Exhibit C-3 — Page 1 of 2
DocuSign Envelope ID: 9C1 E2FCA-C100-4987-A1AE-AB459274EE49
B. Matching Funds
The matching ratio for the federal participating funds for this Work is 80% federal -aid funds to 20% Local
Agency funds, it being understood that such ratio applies only to the $1,519,375.00 that is eligible for federal
participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%.
If the total participating cost of performance of the Work exceeds $1,519,375.00, and additional federal funds are
made available for the Work, the Local Agency shall pay 20% of all such costs eligible for federal participation
and 100% of all non -participating costs; if additional federal funds are not made available, the Local Agency
shall pay all such excess costs. If the total participating cost of performance of the Work is less than
$1,519,375.00, then the amounts of Local Agency and federal -aid funds will be decreased in accordance with the
funding ratio described herein. The performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $1,215,500.00 (For CDOT
accounting purposes, the federal funds of $1,215,500.00 and the Local Agency matching funds of $303,875.00
will be encumbered for a total encumbrance of $1,519,375.00), unless such amount is increased by an appropriate
written modification to this Agreement 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 Agreement, and that such cost is subject to revisions
(in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award.
The maximum amount payable shall be reduced without amendment when the actual amount of the Local
Agency's awarded contract is less than the budgeted total of the federal participating funds and the Local Agency
matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as
described in Section 7. A. of this contract.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving more than $750,000 from all funding
sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the
audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26.
The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as
follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just
Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more -Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway
funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall
be performed. This audit will examine the "financial" procedures and processes for this program
area.
iii. Expenditure of $750,000 or more -Multiple Funding Sources
If the Local Agency expends $750,000 or more 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-3 — Page 2 of 2