Resolution 2016-37 - Laserfiche WebLink

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PO # 471000916 Routing # 16- HA4 -ZH -00165 If the Grant Funds involves federal fundmg, Grantee understands and agrees that federal laws, rules and regulations will control the Work and its implementation. Unless a written waiver is granted, Grantee agrees to comply with all required federal laws, rules and regulations applicable to the Work, in addition to all State requirements. 7. OPTION LETTER MODIFICATION An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds, increase or decrease the encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A. Option to begin a phase and/or increase or decrease the encumbrance amount. The State may authorize the Local Agency to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with the total budgeted funds as shown in Exhibit C remaining the same. The State may increase or decrease the encumbrance amount for a particular phase by replacing the original funding exhibit (Exhibit C) in the original Agreement with an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc) The State may exercise this option by providmg a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit H. If the State exercises this option, the Agreement will be considered to mclude this option provision. B. Option to transfer funds from one phase to another phase. The State may permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc.) and attached to the option letter. The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit H. Any transfer of funds from one phase to another is limited to an aggregate maximum of 24.99% of the original dollar amount of either phase affected by a transfer. A bilateral amendment is required for any transfer exceeding 24 99% of the original dollar amount of the phase affected by the increase or decrease C. Option to do both Options A and B. The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original fundmg exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 shall be labeled C -2, C- 3, etc) and attached to the option letter The addition of a phase and encumbrance and transfer of funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit H S. PAYMENTS The State shall, in accordance with the provisions of this §8, pay Local Agency in the amounts and usmg the methods set forth below: A. Maximum Amount The maximum amount payable to the Local Agency under this Grant shall be $500,000.00 (for CDOT accounting purposes, only State FASTER Transit funds of $500,000.00 will be encumbered) unless such amount is increased by an appropriate written modification to this Grant executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated herembefore is the best estimate available, based on the design data as approved at the time of execution of this Grant, and that such cost is subject to revisions (m accordance with the procedure in the previous sentence) agreeable to the parties prior to bid and award. Document Builder Generated Page 4 of 43 Rev 3/31/2016