HomeMy WebLinkAbout20143616.tiff RESOLUTION
RE: APPROVE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT AMENDMENT #1 FOR COUNTY ROAD 49 AND COUNTY ROAD 22
INTERSECTION IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Energy and Mineral Impact
Assistance Program Grant Contract Amendment #1 for the County Road 49 and County Road
22 Intersection Improvements between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Finance
and Administration, and the Colorado Department of Local Affairs, with terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Energy and Mineral Impact Assistance Program Grant Contract
Amendment #1 for the County Road 49 and County Road 22 Intersection Improvements
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Finance and Administration,
and the Colorado Department of Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTESTS Cd '��' I . /_ 4 -, c,o,a� q AS
Weld County Clerk to the ,;:.;, I`Drougla Rademac er, Chair
fir :
/ ` � EXCUSED
1 ;mow :arbara Kirkm er, Pro-Tem
BY. • _ l��Ri; r------
Deputy CI k to the Boar•��`#J � S
Sean P. Conway
APPROVED AS TO TRiaki--- c.....9_
N jreer
katy ttorney
. Garcia
Date of signature: 1!O261 r
ec.08, -, 0(.t Rtltord� 1
0 712 2014-3616
DOLA COLORADO
Co. c Department of Local Affairs
November 17, 2014
Barbara Connolly, County Controller
Weld County
1150 0 Street
• Greeley, Colorado 80550
RE: EIAF 7305 Weld County Road 49 a Road 22 Intersection Improvements, Contract Amendment ci
Dear Ms. Connolly:
Attached is Contract Amendment#1 for the above-referenced Energy Impact Assistance Fund project. If the
amendment is satisfactory as written, please print and execute three (3) originals of the amendment, signed and
dated by an authorized signator (original signatures only; no photocopies, stamped or e-signatures). °tease
note that an authorized signator is a County Chief Elected Official. City/Town Mayor, or District Board P-esident.
If any other individual should sign this contract, you must provide a letter from the Chief Elected Official
documenting the specific individual's delegated authority to sign.
Please be sure that you return three (3) sets of the entire amendment and not just the signature
page. An attesting signature and seal is not required.
Please send these documents along with the return routing memo (see below) to:
Department of Local Affairs
Al IENTION: Diane Von Dollen
1313 Sherman Street, Room 521
Denver, CO 80203
If you have any questions. please call Don Sandoval at i9701 679-4501 or me at 13031 864-7731,
Sincerely.
Beth Lipscomb
Contracts Specialist
Department of Local Affairs
Enclosures
Cc: Don Sandoval, DOLA Regional Manager
°t1O'Pi'
Governor John W. Fhcken doper I Reeves Brown. Executive Director Chantal Unfug, Division Director r f, .�,
• 1313 Sherman Street. Room 521, Denver, CO 80203 P 303.864.7720 TDD/1TY 303.864.7758 www.dolecolorado.gov
Strengthening Colorado Communities \s ia7s ..
2014-3616
RETURN ROUTING MEMORANDUM
TO: Diane Von Dollen
THROUGH: Barbara Connolly, County Controller, Weld County
FROM: Beth Lipscomb
DATE: November 17, 2014
RE: Contract Amendment Approvals
FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED):
RE: EIAF 7305 \Veld County Road 49 B Road 22 Intersection Improvements CA())
_ Contractor's Federal I.D.A on file with Accounting
Form sent to Contractor to complete
Don Sandoval, DOLA Regional Manager
os c0(r).
Governor John W_ Hickenlooper Reeves Brown. Executive Director Chantal Onfug. Division D. ecter
1313 Sherman Street. Room 521, Denver.CO 80203 P 30i 864 7720 TDD?TTY 303.864.7758 8,888, (10[8 rclorade.gov
Strengttemnq Colorado Comrnuniries ' y '
S.
7305 —Weld County Road 49 & Road 22 Intersection Improvements
CONTRACT AMENDMENT
Amendment #: 1 Encumbrance #: F14S7305
Original Contract CMS or CLIN #: 64421 Amendment CMS #: 74763
1) PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is
entered into by and between WELD COUNTY (hereinafter called "Grantee" or"Contractor"), and the
STATE OF COLORADO (hereinafter called the "State") acting by and through the Department of
Local Affairs, Division of Local Governments, (hereinafter called the "DOLA").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado
State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to
pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or
expenses incurred, or be bound by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract to widen and add lanes at the intersection of Weld County Road
49 and Weld County Road 22. The original Project Budget was based on asphalt application however
Grantee states that they have determined that concrete application would be a more durable material
for this Project given the traffic levels. The cost of concrete is considerably higher than asphalt.
Grantee will significantly increase their funding contribution to the Project to cover the increased
costs; no additional Grant Funds are requested. This Amendment amends the Project Budget as
requested. In addition, this Amendment corrects the retainage amount consistent with State statute.
4) CONSIDERATION - COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other good
and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree
to replacing the Colorado Special Provisions with the most recent version (if such have been updated
since the Contract and any modification thereto were effective) as part consideration for this
Amendment.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto, if any, remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
c. Exhibit B, Section 6, Funding
Subsection 6.2, Project Budget is modified by deleting the Project Budget Table:
"Budget Line Items Total Cost Grant Matching Matching Funds
Funds Funds Source
Architectural/Engineering $292,500 0 $292,500 Grantee
Services
Construction/Improvement $2,574,000 $1,000,000 $1,574,000 Grantee
of Public Roadways
Total $2,866,500 $1,000,000 $1,866,500"
Pagel of 3
Effective Date:1/6/09-Rev 5/4/10
EIAF 7305—Weld County Road 49 & Road 22 Intersection Improvements
and inserting the following in lieu thereof:
"Budget Line Items Total Cost Grant Matching Matching Funds
Funds Funds Source
Architectural/Engineering $225,365 0 $225,365 Grantee
Services
Construction/Improvement $5,998,295 $1,000,000 $4,998,295 Grantee
of Public Roadways
Total $6,223,660 $1,000,000 $5,223,660"
d. Exhibit B, Section 7, Payment
Subsection 7.1, Payment Schedule is modified by deleting the Payment Schedule Table:
"Payment Amount
Interim Payment(s) $900,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $100,000 Paid upon Substantial Completion of the Project(as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total $1,000,000"
and inserting the following in lieu thereof:
"Payment Amount
Interim Payment(s) $950,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $50,000 Paid upon Substantial Completion of the Project(as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted,all required reports.
Total $1,000,000"
7) START DATE
This Amendment shall take effect on the later of its Effective Date or November 20, 2014.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction
between the provisions of this Amendment and any of the provisions of the Contract, the provisions of
this Amendment shall in all respects supersede, govern, and control. The most recent version of the
Special Provisions incorporated into the Contract or any amendment shall always control other
provisions in the Contract or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for
that purpose being appropriated, budgeted, or otherwise made available.
Page 2 of 3
Effective Date. 1/6/09-Rev 5/4/10
EIAF 7305—Weld County Road 49 & Road 22 Intersection Improvements
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's
behalf and acknowledge that the State is relying on their representations to that effect.
CONTRACTOR STATE OF COLORADO
WELD COUNTY John W. Hickenlooper, GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By: Douglas Rademacher
Name of Authorized Individual By /�
efe Reeves Brow Executive Director
Title: Chair. Weld Comity Cnmmi qci nnerc
,��Off cial Title of Authorized Individual Date:A abjy
‘ -j Coo �p . - &. A-- PRE-: - - - 'i VED 'ORM CONTRACT REVIEWER
Signature
By
Date: NOV 1 9 2014 Bret illberry, State Grants Program Manager
Date: l TO it
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State 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 Contractor for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
/Robert Jaros, CP
By:
Ba ara d. C ey, Controller Delegate
Date: t 17-k7/
Page 3 of 3
Effective Date: 1/6/09-Rev 5/4/10
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