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HomeMy WebLinkAbout20241295.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF INTERGOVERNMENTAL GRANT AGREEMENT SUMMARY OF TERMS AND CONDITIONS FOR ENERGY AND MINERAL IMPACT ASSISTANCE FUND (EIAF) PROGRAM FOR COUNTY ROADS 6 AND 13 INTERSECTION ROUNDABOUT PROJECT (DECEMBER CYCLE - TIER II) 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 Intergovernmental Grant Agreement Summary of Terms and Conditions for the Energy and Mineral Impact Assistance Fund (EIAF) Program for the County Roads 6 and 13 Intersection Roundabout Project (December Cycle - Tier II) 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 Local Affairs (DOLA), commencing upon full acceptance, and ending April 30, 2026, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve and accept said agreement, 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 Intergovernmental Grant Agreement Summary of Terms and Conditions for the Energy and Mineral Impact Assistance Fund (EIAF) Program for the County Roads 6 and 13 Intersection Roundabout Project (December Cycle - Tier II) 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 Local Affairs (DOLA), be, and hereby is, approved and accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of May, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, ! a — •O ATTEST: �(���.�+J � •.��%t.� Weld County Clerk to the Board BY:dettaill Deputy Clerk to the Board APPOVED A (AYE) Ke•� Ross, Chai (AYE) Perry L. BKjck, Pro-Tem (AYE) Mike Fr-eman (AYE) K. James ounty Att•rney (NAY) iZ ® �Saine Date of signature: [j y '. Pt, (cH /DN /Do /SB), FL (ER) v cr(cP/cu) 06/26/24 2024-1295 EG0082 Corr -kui- l k $23 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: EIAF 9832 Tier II DOLA Contract — WCR 6/13 RAB DEPARTMENT: Public Works DATE: May 17, 2024 PERSON REQUESTING: Elizabeth Relford/Curtis Hall Brief description of the problem/issue: Staff is requesting the Board authorize the Chair's signature on this Tier II DOLA contract in the amount of $1,000,000 for the Energy Impact Assistance Fund (EIAF) grant. The grant contract will help leverage the county's cost to reconfigure the intersection of Weld County Road (WCR) 6 and Weld County Road (WCR) 13 into a roundabout (RAB). The DOLA contract estimates the construction project cost at $11,699,920. Weld County's local match responsibility is $10,699,920. Public Works will start the procurement process in late October or early November of this year, in order to select a contractor by mid to late January of 2025. The project is anticipated to be completed in 2025. The DOLA contract expiration date is April 30, 2026. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): • Approve the request to place this contract on the next available BOCC agenda. • Request a work session to discuss. Recommendation: Staff recommends approval to place contract EIAF 9832 on the next available BOCC agenda. Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Support Recommendation Schedule Place on BOCC Agenda Work Session via Emu.i ( Via Via ErnoiC Via Email Other/Comments: ND 2024-1295 5/22 Eel on Z Karla Ford From: Sent: To: Subject: Yes approve Kevin Ross Kevin Ross Friday, May 17, 2024 1:38 PM Karla Ford; Mike Freeman; Perry Buck; Lori Seine; Scott James Re: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB From: Karla Ford <kford@weld.gov> Sent: Friday, May 17, 2024 1:37:16 PM To: Mike Freeman <mfreeman@weld.gov>; Perry Buck <pbuck@weld.gov>; Lori Saine <Isaine@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov> Subject: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB Urgent - Please advise if you support recommendation and to have department place on the agenda. Karla Ford g Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordWweldgov.com :: www.weldtov.com :. **Please note my working hours are Monday -Thursday 7:OOa.m.-5:OOp.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings ore intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Elizabeth Relford <erelford@weld.gov> Sent: Friday, May 17, 2024 12:12 PM To: Karla Ford <kford@weld.gov> Cc: Mike Freeman <mfreeman@weld.gov>; Curtis Hall <chall@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: Pass Around - DOLA Contract - WCR 6/13 RAB Hi Karla, I am trying to get this DOLA contract on Wednesday's BOCC agenda next week, so if you could share this with the Board, I would appreciate it. Thanks, Elizabeth Karla Ford From: Sent: To: Subject: Yes l approve Perry Buck Friday, May 17, 2024 1:39 PM Karla Ford; Mike Freeman; Lori Saine; Scott James; Kevin Ross RE: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB Perry L Buck Weld County Commissioner at Large Weld County 1150 "O" Street Greeley, CO 80631 970-400-4206 (Work) 970-573-2377 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Friday, May 17, 2024 1:37 PM To: Mike Freeman <mfreeman@weld.gov>; Perry Buck <pbuck@weld.gov>; Lori Saine <Isaine@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov> Subject: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB Importance: High Urgent - Please advise if you support recommendation and to have department place on the agenda. Karla Ford R Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com :. **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Karla Ford From: Sent To: Cc: Subject: Mike Freeman Friday, May 17, 2024 7:02 PM Karla Ford Perry Buck; Lori Seine; Scott James; Kevin Ross Re: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB Approve Sent from my iPhone On May 17, 2024, at 1:37 PM, Karla Ford <kford@weld.gov> wrote: Urgent - Please advise if you support recommendation and to have department place on the agenda. Karla Ford R Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@wetdgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the pence or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Elizabeth Relford <erelford@weld.gov> Sent: Friday, May 17, 2024 12:12 PM To: Karla Ford <kford@weld.gov> Cc: Mike Freeman <mfreeman@weld.gov>; Curtis Hall <chall@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: Pass Around - DOLA Contract - WCR 6/13 RAB Hi Karla, I am trying to get this DOLA contract on Wednesday's BOCC agenda next week, so if you could share this with the Board, I would appreciate it. Thanks, Elizabeth <DOLA Contract memo - WCR 6&13 RAB Pass Around.pdf> Karla Ford From: Sent: To: Cc: Subject: Importance: Approve„ -,thanks Scott James Friday, May 17, 2024 1:56 PM Karla Ford Mike Freeman; Perry Buck; Lori Seine; Scott James; Kevin Ross Re: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB High Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On May 17, 2024, at 1:37 PM, Karla Ford <kford@weld.gov> wrote: Urgent - Please advise if you support recommendation and to have department place on the agenda. Karla Ford A Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldeov.com :: www.weldoov.com :. "*Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.*" <image001.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return a -moil and destroy the communication. Any disclosure, copying distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Elizabeth Relford <erelford@weld.gov> Sent: Friday, May 17, 2024 12:12 PM Karla Ford From: Sent: To: Subject: n9. Lori Saine Weld County Commissioner, District 3 1150 0 Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Friday, May 17, 2024 2:24 PM Karla Ford RE: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Friday, May 17, 2024 1:37 PM To: Mike Freeman <mfreeman@weld.gov>; Perry Buck <pbuck@weld.gov>; Lori Saine <Isaine@weld.gov>; Scott James <sjames@weld.gov>; Kevin Ross <kross@weld.gov> Subject: Please Reply - For Wed Agenda - Pass Around - DOLA Contract - WCR 6/13 RAB Importance: High Urgent - Please advise if you support recommendation and to have department place on the agenda. Karla Ford R MEMORANDUM TO: Board of County Commissioners DATE: May 22, 2024 FROM: Elizabeth Relford, Interim Planning Director SUBJECT: DOLA Contract EIAF 9832 — WCR 6 & 13 Roundabout (RAB) Staff is requesting the Board authorize the Chair's signature on this Tier II DOLA contract in the amount of $1,000,000 for the Energy Impact Assistance Fund (EIAF) grant. The grant contract will help leverage the county's cost to reconfigure the intersection of Weld County Road (WCR) 6 and Weld County Road (WCR) 13 into a roundabout (RAB). The DOLA contract estimates the construction project cost at $11,699,920. Weld County's local match responsibility is $10,699,920. The project is anticipated to be completed in 2025. The DOLA contract expiration date is April 30, 2026. Staff recommends authorization of signature on the DOLA contract. I am available to answer any questions you may have. DocuSign Envelope ID: 40F5CD99-936E-46D9-B985-9B2182935F59 State of Colorado Intergovernmental Grant Agreement SUMMARY OF TERMS AND CONDITIONS State Agency Department of Local Affairs (DOLA) DLG Portal Number EIAF-09832 CMS Number 190743 Grantee Weld County Grant Award Amount $1,000,000.00 Retainage Amount $50,000.00 Project Number and Name EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements Performance Start Date The later of the Effective Date or May 06, 2024 Grant Expiration Date April 30, 2026 Project Description The Project consists of the construction of a roundabout at the Weld County Road (WCR) 6 and Colorado Boulevard (WCR 13) intersection. Program Name Energy & Mineral Impact Assistance Program ( EIAF ) Funding Source STATE FUNDS Catalog of Federal Domestic Assistance (CFDA) Number N/A DOLA Regional Manager Chris La May, (970) 679-7679, Funding Account Codes CTGG1 NLAA 202400004098 (ch ris.la. mayna,state.co.us) DOLA Regional Assistant Gheda Gavot, (303) 842-6318, VCUST# 14294 Address Code CN001 EFT (gheda. gayou(a,state.co.us) THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER DooccuSigned by: !`kli`- 45D2B7CF500E48D... By: Angie Cue, EIAF Program Manager Date: 5/13/2024 I 3:27 PM PDT STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Maria De Cambra, Executive Director CDocuSigned by: 0920A67707B9482... By: Maria De Cambra, Executive Director Date: 0/13/2024 I 4:55 PM MDT In accordance with §24-30-202 C.R.S., this Grant is not va id until signed and dated below by the State Controller or an authorized delegate (the "Effective Date"). STATE CONTROLLER Robert Jams, CPA, MBA, JD ,.-DocuSigned by: Utah 1 t ,4 — pev ,-090ACD88A721474._. By: Beulah Messick, Controller Delegate Department of Local Affairs Effective Date: 5/16/2024 I 10:38 AM MDT DocuSign Envelope ID: 40F5CD99-93BE-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements TERMS AND CONDITIONS 1. GRANT As of the Performance Start Date, the State Agency shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the "State") hereby obligates and awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the "Grantee") an award of Grant Funds in the amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all Exhibits to this Intergovernmental Grant Agreement. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Intergovernmental Grant Agreement shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Intergovernmental Grant Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Intergovernmental Grant Agreement are not appropriated, or otherwise become unavailable to fund this Intergovernmental Grant Agreement, the State, in its discretion, may terminate this Intergovernmental Grant Agreement in whole or in part by providing written notice to Grantee. If the State terminates this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Intergovernmental Grant Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out- of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee's obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Intergovernmental Grant Agreement by the State for breach by Grantee. C. Reserved. 3. AUTHORITY Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows: A. Reserved. Page 2 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-936E-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements B. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110 (Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement is funded, in whole or in part, with State funds. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Budget" means the budget for the Work described in Exhibit B. B. "Business Day" means any day on which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1) C.R.S. C. Reserved. D. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et seq., C.R.S. E. "Grant" or "Intergovernmental Grant Agreement" means this agreement which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. F. "Grant Funds" or "Grant Award Amount" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Intergovernmental Grant Agreement. G. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. H. "Performance Start Date" means the later of the Performance Start Date or the Effective Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. I. "Exhibits" means the following exhibits attached to this Intergovernmental Grant Agreement: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter J. "Extension Term" means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Intergovernmental Grant Agreement, an amendment, or an Option Letter. K. Reserved. L. Reserved. M. "Goods" means any movable material acquired, produced, or delivered by Grantee as set forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. Page 3 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-936E-46D9-6985-9B2182935F55 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements N. "Incident" means any accidental or deliberate event that results in, or constitutes an imminent threat of, the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. O. "Initial Term" means the time period between the Performance Start Date and the initial Grant Expiration Date. P. "Matching Funds" or "Other Funds" means funds provided by the Grantee as a match required to receive the Grant Funds. Q. "Party" means the State or Grantee, and "Parties" means both the State and Grantee. R. Reserved. S. Reserved. T. Reserved. U. Reserved V. "Services" means the services performed by Grantee as set forth in this Intergovernmental Grant Agreement, and shall include any services rendered by Grantee in connection with the Goods. W. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. X. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. Y. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Z. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. AA. Reserved. BB. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of the Work. "Subcontractor" also includes sub -grantees. CC. Reserved. DD. Reserved. EE. Reserved. FF. "Work" means the delivery of the Goods and performance of the Services described in this Intergovernmental Grant Agreement. Page 4 of 13 version 12 2023 DocuSign Envelope ID: 40F5CD99-936E-46D9-6985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements GG. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Product" does not include any material that was developed prior to the Performance Start Date that is used, without modification, in the performance of the Work. Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 5. PURPOSE The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit B. 6. SCOPE OF PROJECT Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Intergovernmental Grant Agreement. 7. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Award Amount. ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Reserved. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project 3udget in Exhibit B (the "Local Match Amount"). Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Intergovernmental Grant Agreement is not intended to create a multiple -fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, Page 5 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-93BE-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements taxes or penalties of any nature, except as required by Grantee's laws or policies. D. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit B. The State shall only reimburse allowable costs if those costs are: (a) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close -Out and De -obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee's final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. Any Grant Funds remaining after submission and payment of Grantee's final reimbursement request are subject to de -obligation by the State. F. Erroneous Payments The State may recover, at the State's discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Intergovernmental Grant Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. 8. REPORTING - NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe Page 6 of 13 version 12 2023 DocuSign Envelope ID: 40F5CD99-93BE-46D9-8985-982182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements all such records during normal business hours at Grantee's office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee's performance of its obligations under this Intergovernmental Grant Agreement using procedures as determined by the State. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. 10. CONFIDENTIAL INFORMATION -STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee's own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI (payment card information) Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information (CJI) Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act (HIPAA) for all protected health information (PHI) and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State's principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Page 7 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-938E-46D9-8985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee's reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding Personally Identifiable Information (PII) If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non -disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a "Third -Party Service Provider" as defined in §24-73-103(1)(1), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee's employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Grantee is given direct access to any State databases containing PII, Grantee shall execute, on behalf of itself and its employees, the certification on an annual basis, attached as an exhibit, if applicable. Grantee's duty and obligation to certify as set forth in the exhibit shall continue as long as Grantee has direct access to any State databases containing PII. If Grantee uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Grantee shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has access to State databases containing PII. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State's interests and absent the State's prior written approval, Grantee shall refrain Page 8 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-936E-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant. 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the "GIA"). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this Intergovernmental Grant Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State in the State's sole discretion. The State may also terminate this Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 14. DISPUTE RESOLUTION Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 17. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or Page 9 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-93BE-46D9-6985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 18. GENERAL PROVISIONS A. Assignment Grantee's rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject to the provisions of this Intergovernmental Grant Agreement. B. Captions and References The captions and headings in this Intergovernmental Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Intergovernmental Grant Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Intergovernmental Grant Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Intergovernmental Grant Agreement. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. Page 10 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-93BE-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements G. Order of Precedence In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions in §19 of the main body of this Grant; ii. Any executed Option Letter and Amendment; iii. The provisions of this Intergovernmental Grant Agreement; and iv. The provisions of any exhibits to this Intergovernmental Grant Agreement. H. Severability The invalidity or unenforceability of any provision of this Intergovernmental Grant Agreement shall not affect the validity or enforceability of any other provision of this Intergovernmental Grant Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I. Survival of Certain Intergovernmental Grant Agreement Terms Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J. Third Party Beneficiaries Except for the Parties' respective successors and assigns described above, this Intergovernmental Grant Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. L. Accessibility i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended. ii. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. Page 11 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-93BE-46O9-8985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements iii. The State may require Grantee's compliance to the State's Accessibility Standards to be determined by a third party selected by the State to attest to Grantee's Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. M. Reserved. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) A. STATUTORY APPROVAL. §24-30-202(1) C.R.S. This Intergovernmental Grant Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Intergovernmental Grant Agreement shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability, or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. Page 12 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-936E-46D9-6985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Intergovernmental Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Intergovernmental Grant Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Intergovernmental Grant Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Intergovernmental Grant Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Intergovernmental Grant Agreement, including, without limitation, immediate termination of this Intergovernmental Grant Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507 C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Intergovernmental Grant Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 13 of 13 Version 12 2023 DocuSign Envelope ID: 40F5CD99-93BE-46O9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements EXHIBIT B — SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of the construction of a roundabout at the Weld County Road (WCR) 6 and Colorado Boulevard (WCR 13) intersection. 2.2. Work Description. Weld County (Grantee) will hire a qualified contractor to construct a roundabout at the Weld County Road (WCR) 6 and Colorado Boulevard (WCR 13) intersection. Work includes construction of 15 foot entrance lanes into the roundabout, two (2) 12 foot lanes with free right turn and acceleration lanes at each leg, and a 2 foot gravel shoulder abutting the exterior lanes. Additional Work includes utility relocations, clearing and grubbing, earthwork, associated drainage improvements, erosion control, seeding, signing and striping, traffic control, and mobilization. Grantee will provide DOLA with electronic copies of project photos and proof of Substantial Completion prior to Project Closeout. Grantee will own and maintain the roadway and all improvements and, in accordance with §9 below, a contractor will be hired to complete the Work. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: contracted labor, materials, bonding, insurance, permitting, required testing, inspection and/or commissioning costs. Architectural/Engineering, project and construction oversight, bid process, travel, per diem and legal fees shall be the sole responsibility of the Grantee. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. "Construction/Improvement of Public Roadways" means labor and materials costs, bond and insurance costs, bid advertisements, attorney's fees, and right-of-way acquisition costs. 3.2. "Substantial Completion" means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is completed construction of a roundabout at the Weld County Road (WCR) 6 and Colorado Boulevard (WCR 13) intersection resulting in a safer public intersection. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Weld County, Colorado. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: Put Project out to bid. Within 120 days after the Effective Date of this Intergovernmental Grant Agreement. Page 1 of 5 DocuSign Envelope ID: 40F5CD99-93BE-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements Award and finalize subcontract(s). Within 60 days after bid opening. Provide DOLA with Project Timeline. Within 60 days after the Effective Date of the subcontract(s). Provide DOLA with an electronic copy of the project photos and proof of Substantial Completion (i.e. Certificate of Completion, Board motion of approval, lien waiver). To be included with the Project Final Report. Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report July 29, 2026 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.2, or move Other Funds between and among budget lines, so long as the total amount of such "Other Funds" is not less than the amount set forth in §6.2 below. Grantee may increase the Total Project Cost with "Other Funds" and such change does not require an amendment or option letter. DOLA will verify the Grantee's contribution of "Other Funds" and compliance with this section at Project Closeout. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2. Specific submittal dates. Quarter Year Due Date Pay Request Due Status Report Due 2"d (Apr -Jun) 2024 JULY 15, 2024* Yes Yes 3'd (Jul -Sep) 2024 October 30, 2024 Yes Yes 4"' (Oct -Dec) 2024 January 30, 2025 Yes Yes 1st (Jan -Mar) 2025 April 30, 2025 Yes Yes 2"d (Apr -Jun) 2025 JULY 15, 2025* Yes Yes 3`d (Jul -Sep) 2025 October 30, 2025 Yes Yes 4th (Oct -Dec) 2025 January 30, 2026 Yes Yes 1st (Jan -Mar) 2026 April 30, 2026 Yes Yes 2"d (Apr -Jun) 2026 JULY 15, 2026* Yes Yes Page 2 of 5 DocuSign Envelope ID: 40F5CD99-936E-46D9-6985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements *State fiscal year runs July 1— June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Chris D'Ovidio, Controller, (cdovidio(a,weldgov.com), who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. None. Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. DLG Regional Manager: Chris La May, (970) 679-7679, (chris.la.mav(a,state.co.us) 5.5. DLG Regional Assistant: Gheda Gayou, (303) 842-6318, (aheda.aayouWstate.co.us) 6. FUNDING The State provided funds shall be limited to the amount specified under the "Grant Funds" column of §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 91% of the Total Project Cost as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee's contribution are noted in the "Other Funds" column of §6.2 below. Increases to Grantee's contribution to Total Project Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B. 6.2. Budget Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category 1 Construction/Improvement of Public Roadways $11,699,920 $1,000,000 $10,699,920 Grantee Total $11,699,920 $1,000,000 $10,699,920 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Payment Interim Payment(s) Amount $950,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Page 3 of 5 DocuSign Envelope ID: 40F5CD99-93BE-46O9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements Final Payment Total $50,000 $1,000,000 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. 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State -provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. 8.1.1.Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.5 of this Exhibit B. 8.1.2.Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as -needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee's pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1.Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2.Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3.Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4.Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. Page 4 of 5 DocuSign Envelope ID: 40F5CD99-936E-46D9-8985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 5 of 5 DocuSign Envelope ID: 40F5CD99-93BE-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements OPTION LETTER #Insert # Here SIGNATURE AND COVER PAGE State Department Agency of Local Affairs (DOLA) Insert DLG for this Portal DLG Project Portal Number number Option Number Insert Amendment Letter CMS CMS number for this Grantee Insert Grantee's Full Legal Name Insert Previous docs CMS CMS number #(s) for orig Agreement, and any prior chg Insert Project DOLA's Number project and Name number and name Grant Initial Option Option Total Amount Award: Grant Letter Letter ## and ## and Amount: date date effective/spendable: effective/spendable: $Insert $Insert total orig award award $0.00 $0.00 to amt date DOLA ChnnseI lin Regional ;teen. Manager DOLA Choose Regional an item. Assistant Funding Enter CTGG Account I number Codes Program Energy Dropdwn & Name Mineral EIAF) Impact Assistance Program (Acctg Prior Month Grant Day, Agreement Year Expiration Date Current Month Grant Day, Year Agreement Expiration Date THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this Option Letter and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis GOVERNOR Colorado Department of Local Affairs By: Maria De Cambra, Executive Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Beulah Messick, DOLA Controller Delegate Effective Date: Page 1 of 3 DocuSign Envelope ID: 40F5C D99-93BE-46D9-B985-9B2182935F59 EIAF 9832 — Weld County Roads 6 & 13 Roundabout Improvements 1) OPTIONS: Choose all applicable options listed in §1 and in §2 ❑ a. Option to extend (use this option for Extension of Time) ❑ b. Change in the Grant Award Amount within the current term (use this option for an Increase or Decrease in Grant Funds, including Supplemental funding awards) ❑ c. Budget Line Adjustment(s) — reallocation of awarded Grant Funds to Budget Line(s) (use this Option to redistribute existing Grant Funds between budget lines) 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Option 1(a): In accordance with Section 2(A) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following: Milestone/Performance Measure ayi Put Project out to bid. Within _ days of the Effective Date of this Intergovernmental Grant Agreement. Award grant(s). and finalize subcontract(s) and/or sub- [give target date} Provide DOLA with Project Timeline Within _ days of the Effective Date of the subcontract(s). Contractor mobilization/begin Work. Within _ days of the Effective Date of the subcontract(s). Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report [give date certain] Quarter Year Due Date Pay Request Status Report 1st (Jan -Mar) 2024 April 30, 2024 Yes Yes 2"d (Apr -Jun) 2024 JULY 15, 2024* Yes Yes 3rd (Jul -Sep) 2024 October 30, 2024 Yes Yes 4th (Oct -Dec) 2024 January 30, 2025 Yes Yes 1st (Jan -Mar) 2025 April 30, 2025 Yes Yes 2" (Apr -Jun) 2025 JULY 15, 2025* Yes Yes 3rd (Jul -Sep) 2025 October 30, 2025 Yes Yes 4th (Oct -Dee) 2025 January 30, 2026 Yes Yes 1st (Jan -Mar) 2026 April 30, 2026 Yes Yes 2"d (Apr -Jun) 2026 JULY 15, 2026* Yes Yes 3rd (Jul -Sep) 2026 October 30, 2026 Yes Yes 4th (Oct -Dec) 2026 January 30, 2027 Yes Yes *State fiscal year runs July 1 — June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. b. For use with Option 1(b): In accordance with Section 7(A)(i) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section 7.1, both of Exhibit B, are deleted and replaced with the following: Budget Line(s) Page 2of3 DocuSign Envelope ID: 40F5C D99-93BE-46D9-B985-9B2182935F59 EIAF 9832 - Weld County Roads 6 & 13 Roundabout Improvements Line # Cost Category Total Project Cost Grant Funds Other Funds Other Funds Source $ 0.00 Grantee Architectural/Engineering Services Construction/Improvement Public Roadways of Grantee S 0.00 S 0.00 S 0.00 Total Payment Amount Interim Payment(s) Paid written of eligible upon receipt Pay approved Requests of actual from expenses. expense the documentation Grantee and for reimbursement Final Payment the Paid determined required upon Grantee reports. Substantial by the has submitted, State Completion and sole discretion), DOLA of the has Project provided accepted, (as all that in its "Total c. For use with Option 1(c): In accordance with Section 7(D)(i) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option to re -allocate awarded Grant Funds within the Project Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following: Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category _ Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement Public Roadways of Grantee Total S 0.00 S 0.00 S 0.00 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 3 COLORADO Department of Local Affairs Division of Local Government March 19, 2024 The Honorable Kevin Ross, BOCC Chair Weld County 1301 North 17th Ave. Greeley, CO 80631 RE: EIAF 9832 - Weld County Roads 6 Et 13 Roundabout Improvements Dear Commissioner Ross: Congratulations! After thorough review, I am excited to offer a grant award in the amount of $1,000,000 to assist with the above mentioned project. Your project was reviewed based on a variety of factors such as its connection to energy impact, degree of need, measurable outcomes, amount of request, relationship to community goals, level of local match and community support, management capacity, resiliency and readiness to go. Competition for these limited funds is intense and we are seeing great demand. These grant funds will be from state severance tax proceeds, which may cause you to go to election to receive and spend them. You should confer with your legal and budget advisors to determine if such an election is necessary. Please contact your DOLA Regional Manager, Chris La May, at 970-679-7679 for information on how to proceed. Expenditure of State funds prior to the contract being fully executed cannot be included in the contract budget or reimbursed by the State. Per our program guidelines, this offer is valid for one year from the date of this letter. I wish you success with your project. Thank you for helping Colorado build an economy where all Coloradans can thrive. Sincerely, Maria De Cambra Executive Director cc: Barbara Kirkmeyer, State Senator Jennifer Parenti, State Representative Chris D'Ovidio, Weld County Chris La May, DOLA Governor Jared S. Polls I Maria De Cambra, Executive Director I Dave Bowman, Interim Division Director 1313 Sherman St., Room 315, Denver, CO 80203 P 303.864.7710 F 303.864.7719 www.dota.cotorado.gov Strengthening Colorado Communities Contract Form Entity Information Entity Name * COLORADO DEPARTMENT OF LOCAL AFFAIRS Entity ID* @00003104 Contract Name * EIAF 9832 DOLA CONTRACT - WCR 6/1 3 ROUNDABOUT (RAB) Contract Status CTB REVIEW O New Entity? Contract ID 8231 Contract Lead * ERELFORD Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description THIS ENERGY IMPACT ASSISTANCE FUND (EIAF) DOLA CONTRACT AWARDS $1,000,000 TO WELD COUNTY FOR THE CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF WCR 6/13. THE ESTIMATED PROJECT COST IS $11,699,920. Contract Description 2 Contract Type * CONTRACT Amount* $1,000,000.00 Renewable* NO Automatic Renewal Grant YES IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.co Department Head Email CM-PublicWorks- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Grant Deadline Date Requested BOCC Agenda Due Date Date* 05/18/2024 05/22/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 05/22/2025 Committed Delivery Date Renewal Date Expiration Date* 04/30/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 05/22/2024 Approval Process Department Head Finance Approver Legal Counsel ELIZABETH RELFORD CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/22/2024 05/22/2024 05/22/2024 Final Approval BOCC Approved Tyler Ref # AG 052224 BOCC Signed Date Originator ERELFORD BOCC Agenda Date 05/22/2024 ACCEPTANCE OF INTERGOVERNMENTAL GRANT AGREEMENT TERMS AND CONDITIONS FOR ENERGY AND MINERAL IMPACT ASSISTANCE (EIAF) PROGRAM FOR CRS 6 AND 13 INTERSECTION ROUNDABOUT PROJECT (DECEMBER CYCLE - TIER II) APPROVED AS TO SUBSTANCE: Depaent Head, or El q!ted Official APPROVED AS TO FUNDING: av4 Chief Financial Officer, or Controller APPROVED AS TO FORM: County Attorney Hello