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Home My WebLink About20110248.tiff RESOLUTION RE: APPROVE AMENDMENT#1 TO CONGESTION MITIGATION AND AIR QUALITY(CMAQ) AGREEMENT 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 Amendment#1 to the Congestion Mitigation and Air Quality (CMAQ)Agreement 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 Public Works, and the Colorado Department of Transportation, commencing upon full execution,with further 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 Amendment #1 to the Congestion Mitigation and Air Quality (CMAQ) Agreement 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 Public Works, and the Colorado Department of Transportation 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 January, A.D., 2011. BOARD OF COUNTY COMMISSIONERS L WELD COUNTY, C LORADO ATTEST: ' �y 3,` 9 t,,, C rbara Kirkme er, Chair Weld County Clerk to the B. I tilt 1 - c reil5q an P. onway, Pro-Tem—e----D BY: . .�/t ��:a�J I r \~S�, Deputy Clerk to the Board °V i • m Garcia APPR D AS T e D vid E. Long unty Attorney 9 A-7.A — 2 Douglas ademache al Date of signature: / LI o✓ic . SC wt to LULakcik k. CSC. ria c-()4-ii 3iiilli 20EG0064 CONTRACT AMENDMENT Amendment Original Contract Original Amendment Amendment #1 CLIN/CMS # SAP-PO# CMS # SAP-PO# 10-HTD-17664 291000882 11-HTD-28054 291000882 1) PARTIES THIS AMENDMENT, to the above-referenced Original Contract (hereinafter called the "Contract") is entered into by and between WELD COUNTY, (hereinafter called the "Contractor" or "Local Agency") and the State of Colorado (hereinafter called the "State") acting by and through the Colorado Department of Transportation (hereinafter called "CDOT"). 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 a contract dated June 10. 2010, for Congestion Mitigation and Air Quality (CMAQ), to continue the marketing and education project. The purpose for this amendment is described in Section 6 of this amendment. 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 Contract. 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. If applicable, such Special Provisions are attached hereto and incorporated by reference herein as Exhibit A.1. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto (including option letters), if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS The Contract, Option Letters, and all prior amendments thereto, if any, are modified as follows: a. Table in 3.A of the Contract is hereby deleted in its entirety and replaced with the following: G/L Account:4518000011 Funds Center: DT510-010 Fund:400 Company Code: 1000 WBS Element: 17859.15.01 Functional Area: 1456 CO Area: 1000 Vendor Number:6100082 Catalog Federal Domestic Assistance Number(CFDA)20.205 SAP Line Item: 10 Total:$24,158 Federal Amount Total:$20,000 Local Amount Total:$4,158 SAP Line Item:20 Total:$50,000 Federal Amount Total:$41,394 Local Amount Total:$8,606 Total Encumbered Contract Amount FY 2010:$74,158 Federal Amount Total:$61,394 Local Amount Total:$12,764 b. Exhibit A of the Contract,is hereby deleted and replaced with Exhibit A.1, which is attached and incorporated into the Contract. c. The maximum amount payable by the State for Congestion Mitigation and Air Quality (CMAQ) contract as shown in Exhibit A.1 is increased by $50,000 to a new total of $74,158 based on the project schedules in Exhibit A.1. 1 of 6 &C✓/-aaSici) 7) START DATE This amendment shall take effect on its Effective Date. 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. 2 of 6 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT 'Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. LOCAL AGENCY INITIALS STATE OF COLORADO WELD COUNTY John W.Hickenlooper,GOVERNOR By: Barbara Kirkineyer Colorado Department of Transportation Name of Authorized Individual (for)Michael Cheroutes,Interim-Executive Director Title: Chair, Board of Weld County fficial Title of Autho zed lndividualCommissionefis e/ y. * tgnature Da e: .3 �/ Date: JAN 1 9 2011 2nd The Planning Agency Signature if Needed LEGAL REVIEW By: Monica Mika John W. Suthers, Attorney General Name of Authorized Individual Title: Director, Finance and AdministrattEty: Official Title of A rized Individual Signature-Assistant Attorney Genera ©-sunsra ;� �l 5 11 *Signature Date: Date: JAN 1 9 2011 ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER C'S st24-31-212 requires the St:to C:ntn ller to a::r:ve all St:t A r ements.This Aer ement is not v:li. until sieve: an: 'ate' ,el'w .v th St t C:n[n ller or : le ate.Th L: :1 Aeencv is not authorize: h r ein :erform:nce until such time.If The L:c:1 AEency : eins .erf:rndne .ri:rtheret:,the State :fCJ:r:d: isn rt : :lie:teat: :av The Loca Aeency f a r such :erf:rmance :r f:r anv a III s n, :r servic s pn vi:e: hereun' r. STATE CONTROLLER jdJ.McDeZ ,C By: Corado Department of Transportation Date: a/C9J/J 3 of 6 deg-Dasif EXHIBIT A.1-SCOPE OF WORK AND CONDITIONS Colorado Department of Transportation Weld County-UFR Marketing & Education of Natural Gas CMAQ Scope Revised as of 12/21/10 Project Title (Use the same title as in your CMAQ Marketing and Education to Promote Natural Gas application.) Contact Information Elizabeth Relford Agency Name Weld County Government Agency Address (include city, state, PO Box 758, Greeley, CO 80632-0758 zip) Program Manager Phone Number (970) 304-6496 Ext. 3748 Program Manager E-mail erelford®co.weld.co.us Program Manager Fax Number (970) 304-6497 Program Overview Summary The objective of this project is to provide public awareness on the environmental, economic and alternative energy benefits of using natural gas as "the" alternative transportation fuel. This will be achieved by implementing an individualized marketing program through website development, advertising, and conducting industry "target" meetings to educate specific agencies on converting existing vehicles and large fleets to compressed natural gas fuel or to purchase dedicated CNG vehicles. The website will be used to as a tool for gathering information and conducting surveys. The Target meetings will provide the opportunity to gather fleet information for future education and outreach efforts. Program Overview Details Who is your key target audience? Local Governments (i.e., municipalities, school districts, etc.) and Large Industry Fleet Owners. Where will your project take place? Weld County within the Ozone Non-Attainment Boundary. What is the general time-frame of your project? (i.e during the school On-going throughout the year. year; on-going throughout the year, etc.) What are the key tasks of your Task 1: Administer Webpage/Webpresence project? Through a webpresence continue to educate local governments, commercial large fleet owners, and the general public on the environmental, economic and alternative energy benefits of using natural gas as an alternative transportation fuel, and will include: o Weld County Smart Energy Plan o Educational and resource toots (Encana, Anadarko Et Noble Energy) o Resource links o Other content/tools as determined All materials will be updated and maintained throughout the 4 of 6 term of the project. In tandem, Task 2: Develop and Maintain Marketing Materials Develop brochures and educational materials to handout out to the general public and "Target" meetings. For those without Internet access or others who simply prefer materials in-hand, hard copy materials will be created and available for distribution. These items will include: o Brochures o Advertising; o Other pieces as determined All digital and hard copy materials will be updated and maintained throughout the term of the project. Task 3: Target Meetings Since the "target" market is well defined for this project (businesses/companies/local governments with large fleets), Weld County or Upstate Colorado will conduct an additional two meetings in 2011 for a total of four target meetings with business, companies, and/or local governments to educate on the benefits of natural gas as "the" alternative transportation fuel. Task 4: Report to CDOT (Survey) Results will be tracked via fleet surveys (on-line & hard copy), as described in the "Evaluation" section. These results will be submitted in a Project Evaluation Report, and to the CMAQ Reporter. Evaluation How will you evaluate the Public awareness efforts will be directed to fleet owners, such effectiveness of your program? as local governments, including school districts, and commercial/industrial business owners. This project will focus on surveying these "target" industries on the benefits of natural gas as an alternative transportation fuel, so we can evaluate how many agencies are participating with vehicle conversions. Partnerships The existing partners of this effort include Noble Energy, Please list any organization that is a pertinent Anadarko, Encana, Upstate Colorado and Northern partner with you in this project. Colorado Clean Cities. Additional partners of the Weld County Natural Gas Coalition include: eleven communities along the US 85 Corridor, DCP Midstream, Fuel Tek, Conquest Companies, PDC, Weld County Garage, Hythane, Clean Energy, and AIMS Community College. 5 of 6 BUDGET: 2011 TOTAL CMAQ Match Supplies Create on-line survey, printing materials (hard copies) and general office supplies (surveys, tire gauges, brochures, etc.) $25,000 $20,697 $4,303 2—Additional Target Meetings above the 2 already scheduled for 2011 —4 Total $13,000 $10,763 $2,237 Total Supplies $38,000 $31,460 $6,540 Consultants/Subcontractors . Total Consultants/Subcontracts: Upstate Colorado will manage the project and contract with other agencies as needed to accomplish the tasks. $12,000 $9,934 $2,066 Total Contract Including Year 1 Funding: $74,158 $61,394 $12,764 2011 \9omh Task: 1 2 'I 4 (S 7 h 9 10 11 12 Task 1: Administer Webpage --Administer * • Task 2: Develop and Maintain Marketing Materials -- Develop new materials 0 ' = • -- Maintain/Update * * • Task 3:Target Meetings Conference(s) 0 O 0 0 • Task 4: Reports/Surveys 0 0 0 0 • Evaluation * * • Please list any issues regarding your timeframe that may be affected by season, budgeting,etc. (i.e. the project will be implemented in conjunction with a local convention; or,the project will be implemented during the school year,etc.) *Month "1"begins the month you receive your signed contract and letter to proceed from CDOT. 6 of 6 Elizabeth Strong From: Bruce Barker Sent: Friday, January 14, 2011 4:17 PM To: CTB Cc: Elizabeth Relford Subject: FW: 2010_CMAQ-Weld County_Amendment#1-Surplus Funds Attachments: 2010_CMAQ_Weld County_Amend 1.pdf Importance: High Please put this on next Wednesday's agenda. Thanks! Original Message From: Elizabeth Relford Sent: Friday, January 14, 2011 3:14 PM To: Bruce Barker Cc: Esther Gesick; Pat Persichino Subject: FW: 2010_CMAQ-Weld County_Amendment #1-Surplus Funds Importance: High Hi Bruce, The attachment needs to go on the next available BOCC hearing date to authorize signature of the CMAQ Contract for the Upper Front Range. Let me know if you need anything else from me. Thanks, Elizabeth From: Caldwell, Phillip fmailto:Phillip.Caldwell(aldot.state.co.usj Sent: Friday, January 14, 2011 2:14 PM To: Elizabeth Relford Cc: Rolstad, Adam; Ware, Leah; Peterson, Kent M Subject: 2010 CMAQ-Weld County_Amendment #1-Surplus Funds Importance: High Hi Elizabeth, Please find attached a copy of the amendments for the CMAQ program for the Weld County (10- HTD-17664). Please print and sign four (4) copies at p.3, single-sided, and have them returned to the Division of Transportation Development (DTD) to my attention (Fed-Ex, UPS, or Certified Mail) at the address below so that the amendment can then be sent to the remaining appropriate State parties for signature. Once all parties have provided their signature, DTD will send you a fully executed copy, complete with all signatures. You may retain a copy of 1 2011-0248 the amendment while the signature process takes place, however, the copies submitted for signature must stay together throughout the entire process. If you have any program questions, please call Adam Rolstad: 303.757.9997. For contract specific questions feel free to contact me at 303.757.9756. Thank you! Phillip Caldwell Contract Specialist Colorado Department of Transportation 4201 E. Arkansas Ave., Shumate Bldg. Denver, CO 80222 (303)757-9756, Fax (303) 757-9727 2 Hello