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Home My WebLink About20110784.tiff RESOLUTION RE: APPROVE AMENDMENT #1 TO AGREEMENT FOR CONSTRUCTION OF ONE (1) COMPRESSED NATURAL GAS FUELING STATION WITHIN NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION REGION 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 Agreement for the Construction of One (1) Compressed Natural Gas Fueling Station within the North Front Range Metropolitan Planning Organization Region 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 a five (5) year term, and further 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 Agreement for the Construction of One (1) Compressed Natural Gas Fueling Station within the North Front Range Metropolitan Planning Organization Region 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. 0cv CUzobe+lam Q . • P() 3 a4-ii 5 - 2011-0784 EG0064 AMENDMENT #1 TO AGREEMENT FOR CONSTRUCTION OF ONE (1) COMPRESSED NATURAL GAS FUELING STATION WITHIN NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION REGION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of March, A.D., 2011. BOARD OF COUNTY COMMISSIONERS ♦ WELD COUNTY, COL RADO ATTEST: �i .- r .r 1.�I' •�1i t- I �1 /'1861 �'.�yoa4 . bara Kirkmeyer Chair Weld County Clerk to the B. d OBYPIA- CF— �. O�; ° an Pi Con ay, Pro-Tem j Deputy Clerk to the Boar. /(��'� bV F. G rcia ((!` APP D ' . O ORM: Qv DçvidE. Lon g my Attorney �(Jowj �Qvvr (k -.J Douglas Radek cher Date of signature: .4',/11/11 / 2011-0784 EG0064 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch I P OT 4201 East Arkansas Avenue,4'"Floor Denver,Colorado 80222 Telephone:(303)757-9736 Facsimile: (303)757-9868 March 14,2011 Ms.Elizabeth Relford Weld County Public Works 1111 H Street Greeley,CO 80632-0758 RE: SAP O/L# 331000397—CMS #11 HA4 29657—Contract AMD#1 Weld County Contract CNG Station 4 AQC C030-044 (18123) Dear Ms. Relford : Enclosed please find three executory copies of the above referenced Contract Amendment#1, to change the Scope of Work, between Weld County and the Colorado Department of Transportation. All three(3)copies must be signed with one appropriate signature. If you have a seal, please affix it to the signature page of each copy. In addition,please attach a copy of the ordinance or resolution passed by the County's governing board approving the contract. Please return all three(3)copies to my attention. When the agreements are approved by the proper authorities,a verified copy will be returned to you. This Contract is not valid until the State Controller,or such assistant as he may delegate,has signed it. Should you have any questions or require further information, please do not hesitate to contact me. Your assistance in expediting this agreement is appreciated. Sincerely, Patricia C. O'Neal Contracting Officer Colorado Department of Transportation 4201 E. Arkansas Avenue Denver, CO 80222 Phone: (303) 757-9399 e-mail: patricia.o'neal@dot.state.co.us 2011-0784 CONTRACT AMENDMENT Amendment# 1 Original Contract CMS : CMS# 11 HA4 29657 # 11 HA4 28176 SAP ID# 331000397 Project# AQC C030-044 (18123) 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 Local Agency), and the STATE OF COLORADO(hereinafter called the "State") acting by and through the 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 the Original Basic Contract#11 HA4 28176, dated March 2, 2011, for the Purchase and installation of Compressed Natural Gas (CNG)equipment. 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. If applicable, such Special Provisions are attached hereto and incorporated by reference herein . 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 Amendment and all prior amendments thereto, if any, are modified as follows: a) Exhibit A—Scope of Work shall be removed and replaced in its entirety by the revised Scope of Work , Exhibit A-1 attached hereto and incorporated herein by this reference. 7) START DATE This Amendment shall take effect upon the date of the State Controller's Signature. 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. 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. Local Agency STATE OF COLORADO John W. Hickenlooper, GOVERNOR By: Barbara Kirkmeyer Department of Transportation Title: Chair,� Board of Weld Commissioners I I � i c By: 'Signature Pamela Hutton, CDOT Chief Engineer 3/23/2011 4-13-11 Date Date Le al Review John W. Su tern Attorne Ge eral Signature —Atorne General's Office 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 CONTROLLE — Dpvld McDerm By: GC/y Depa nnttpof ransportation Date: 7 o?©,r-o7Jy 1. EXHIBIT A -1 SCOPE OF WORK Project Title NFR HIRE ACT Funds - New Contract C nAQ appI same titlein your NFR MPO CNG EQUIPMENT Weld County Fuel Site Contact Information Elizabeth Relford Agency Name Weld County Government Agency Address (include PO Box 758, Greeley, CO 80632-0758 city, state, zip) Program Manager Phone (970) 304-6496 Ext. 3748 Number Program Manager E-mail erelford@co.weld.co.us Program Manager Fax (970) 304-6497 Number Program Overview This project is for the purchase and installation of Compressed Summary Natural Gas (CMG) equipment for the design/build upgrade of Weld County's fuel site to accommodate fueling of bi-fuel fleet conversions. Located in the North Front Range MPO's 8-hour Ozone Nonattainment Boundary. Weld County will be the owner/operator of the equipment. Program Overview Details Who is your key target The Weld County Fleet is the key recipient. The City of Greeley audience? does have joint access to the fuel site, and could be a future user of the equipment. Where will your project NFR MPO Boundary in Greeley, CO at Weld County's existing fuel take place? site. What is the general time- frame of your project? (i.e during the school year; FY11 on-going throughout the year, etc.) What are the key tasks of your project? Task 1: Upgrade Weld County's Compressed Natural Gas (CNG) Fuel Site, Greeley, Colorado. FY11 Funding for the purchase and installation of compressed natural gas equipment for the design/build upgrade of Weld County's fuel site to accommodate fueling bi-fuel fleet conversions. The scope of work is for the purchase of equipment to construct a redundant CNG fueling facility. The construction project will be awarded as a "design/build" project. The overall facility shall be a redundant system designed for local government fleet use, and operational 24 hours a day, 7 days a week, 365 days a year; with a system design for peak operation between the hours of 5:00 NA and 7:00 PM. The County will be the owner of these facilities. Task 2: Report to CDOT The CMAQ reporter/CDOT will be provided a final accomplishment report of the activities performed under this contract for the completed fiscal year, including but not limited to: 1. Final accomplishments/performance measures; and 2. Status of uncompleted projects; and 3. Expenditures 4. Air Quality reporting Evaluation How will you evaluate the The effectiveness of the fueling station will be measured by the effectiveness of your number of Weld County and City of Greeley natural gas fleet program? vehicle conversions using the station. Partnerships The existing partners of this effort include Noble Energy, Please list any organization Anadarko, Encana, Upstate Colorado and Northern Colorado Clean that is a pertinent partner Cities. Additional partners of the Weld County Natural Gas with you in this project. 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. Hello