HomeMy WebLinkAbout20222050.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ENERGY AND
MINERAL IMPACT ASSISTANCE FUND (EIAF) PROGRAM FOR COUNTY
ROADS 66 AND 41 INTERSECTION IMPROVEMENTS PROJECT
(TIER II - MARCH CYCLE)
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 Agreement for the
Energy and Mineral Impact Assistance Fund (EIAF) Program for the County Roads 66 and 41
Intersection Improvements Project (Tier II - March Cycle) 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, commencing upon
full execution of signatures, and ending July 31, 2024, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve 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 Agreement for the Energy and Mineral Impact
Assistance Fund (EIAF) Program for the County Roads 66 and 41 Intersection Improvements
Project (Tier II - March Cycle) 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, be, and hereby is, approved.
cc:Pw(c'IER), Acflcv/cD)
°l /1 /22
2022-2050
EG0080
INTERGOVERNMENTAL AGREEMENT FOR ENERGY AND MINERAL IMPACT ASSISTANCE
FUND (EIAF) PROGRAM FOR COUNTY ROADS 66 AND 41 INTERSECTION
IMPROVEMENTS PROJECT (TIER II — MARCH CYCLE)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of July, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTy, COLORADO
ATTEST: dibtA)
Weld County Clerk to the Board
ounty Attorney
Date of signature: 7/25/?
Sco. James, Chair
2022-2050
EG0080
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: EIAF 9499 Tier II DOLA Contract — WCR 66/41 Intersection Improvements
DEPARTMENT: Public Works DATE: July 15, 2022
PERSON REQUESTING: Elizabeth Relford
Brief description of the problem/issue:
Public Works is requesting to place the attached contract on the next available Board agenda to authorize the
Chao's signature on this Tier II DOLA contract in the amount of $700,000 for the Energy Impact Assistance
Fund (EIAF) grant to improve the WCR 66 and WCR 41 mtersection When the grant was written, the total
construction cost was anticipated to be approximately $10,500,000 With the supply chain issues and
inflationary increases, the project is now being estimated to cost around $12,400,000 The project is anticipated
to begin in November of this year
Staff recommends the DOLA contract be placed on the next available BOCC agenda I am available to answer
any questions you may have
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
a Request a work session to discuss
Recommendation:
Staff recommends approval to place this EIAF 9499 contract on the next available BOCC agenda
Perry L Buck
Mike Freeman, Pro Tem
Scott K James, Chair
Steve Moreno,
Lori Same
Via
Via lvviat
Approve
_Schedule
Recotnmendat{on Work Session Other/Comments
2022-2050
01iZz
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Attachments:
Approve- thanks
** Sent from my iPhone **
Scott James
Friday, July 15, 2022 8:09 AM
Karla Ford
Commissioners
Re: Please Reply - PA: DOLA Contract
image002 jpg; image001 jpg; EIAF 9499 DOLA Contract WCR 66-41 Int Pass Around.pdf
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.Q. 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 Jul 15, 2022, at 8:04 AM, Karla Ford <kford@weldgov.com>wrote:
Please advise if you approve recommendation. Thank you!
Karla Ford
Executive Assistant & Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.3367204 :: kford@weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
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.
1
Karla Ford
From:
Sent:
To:
Subject:
Approve
Mike Freeman
Friday, July 15, 2022 8:30 AM
Karla Ford; Commissioners
RE: Please Reply - PA: DOLA Contract
From: Karla Ford <kford@weldgov.com>
Sent: Friday, July 15, 2022 8:05 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>
Subject: Please Reply - PA: DOLA Contract
Importance: High
Please advise if you approve recommendation. Thank you!
Karla Ford
Executive Assistant & Office Manager, Board of Weld County Commissioners
1150 0 Street, P.Q. 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.**
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: Elizabeth Relford <erelford@weldgov.corn>
Sent: Friday, July 15, 2022 7:27 AM
To: Karla Ford <kford@weldgov.com>
Cc: Bruce Barker <bbarker@weldgov.com>; Jay McDonald <jrncdonald@weldgov.corn>; Chris D'Ovidio
<cdovidio@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: DOLA Contract
Hi Karla,
Can you please share this DOLA contract with the Commissioners? We are aiming to get it on their agenda for
Wednesday next week.
Thanks,
Elizabeth Relford
Deputy Director
Weld County Public Works
1111 H Street
1
Karla Ford
From:
Sent:
To:
Subject:
Approve
Steve Moreno
Weld County Commissioner At Large
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-336-7204 Ext. 4207
Fax: 970-336-7233
Email: smoreno@weldjgov.com
Website: www.co.weld.co.us
Steve Moreno
Friday, July 15, 2022 9:16 AM
Karla Ford; Commissioners
RE: Please Reply - PA: DOLA Contract
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@weldgov.com>
Sent: Friday, July 15, 2022 8:05 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>
Subject: Please Reply - PA: DOLA Contract
Importance: High
Please advise if you approve recommendation. Thank you!
Karla Ford X
Executive Assistant & Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kfor0@weldgov.com weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
1
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve
Sent from my iPhone
Perry Buck
Friday, July 15, 2022 11:45 AM
Steve Moreno
Karla Ford; Commissioners
Re: Please Reply - PA: DOLA Contract
On Jul 15, 2022, at 9:16 AM, Steve Moreno <smoreno@weldgov.com>wrote:
Approve
Steve Moreno
Weld County Commissioner At Large
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-336-7204 Ext. 4207
Fax: 970-336-7233
Email: smoreno@weldgov.com
Website: www.co.weld.co.us
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@weldgov.com>
Sent: Friday, July 15, 2022 8:05 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>
Subject: Please Reply - PA: DOLA Contract
Importance: High
Please advise if you approve recommendation. Thank you!
Karla Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: lsaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Friday, July 15, 2022 1:51 PM
Karla Ford
RE: Please Reply - PA: DOLA Contract
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@weldgov.com>
Sent: Friday, July 15, 2022 8:05 AM
To: Commissioners <COMMISSIONERS@co.weld.co.us>
Subject: Please Reply - PA: DOLA Contract
Importance: High
Please advise if you approve recommendation. Thank you!
Karla Ford*
Executive Assistant & 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.**
1
DocuSign Envelope ID: F25F2EEE-84A6-49F3-A2A0-FBB1C8C86C9C
EIAF
CTGGI NLAA 2023*2033
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
EIAF-09499
CMS Number
177063
Grantee
Weld County
Grant Award Amount
$700,000.00
Retainage Amount
$35,000.00
Project Number and Name
EIAF 9499 — Weld County 66-41 Intersection Construction
Performance Start Date
The later of the Effective Date
or July 6, 2022
Grant Expiration Date
July 31, 2024
Project Description
The Project consists of reconfiguration and reconstruction of
the intersection of Weld County Roads 66 and 41 to improve
safety.
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
Jch ris.la.mayCa,state.co.us)
DOLA Regional Assistant
Robert Thompson, (970) 290-2381,
VCUST#
14294
Address
Code CN007 EFT
(robert.thompsondi/state.co.us)
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
,--DocuSigned by:
44, Cu,
`-45D2B7CF50DE4BD...
By: Angie Cue, EIAF Program Manager
Date: 7/7/2022 110:03 AM PDT
STATE OF COLORADO
Jared S. Polis, Govemor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
r-DocuSigned by:
piat&ku, Sfreft,r
-0920A67707B9482...
By: Rick M. Garcia, Executive Director
Date: 7/7/2022 112:55 PM MDT
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller
or an authorized delegate (the "Effective Date").
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
r-DocuSigned by:
IMLcci(G. _ VO-V
,-090ACD88A721474...
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date: 7/13/202216:09 PM MDT
DocuSign Envelope ID: F25F2EEE-84A6-49F3-A2A0-FBB1C8C86C9C
EIAF 9499 — Weld County 66-41 Intersection Construction
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. 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
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EIAF 9499 — Weld County 66-41 Intersection Construction
(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.
B. Reserved.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. Reserved.
B. Reserved.
C. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
D. "Exhibits" means the following exhibits attached to this Intergovernmental Grant
Agreement:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
E. "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.
F. Reserved.
G. Reserved.
H. "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.
L "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.
J. "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.
K. "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.
L. "Initial Term" means the time period between the Performance Start Date and the initial
Grant Expiration Date.
M. "Intergovernmental Grant Agreement" or "Grant" 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.
N. Reserved.
O. "Other Funds" means all funds necessary to complete the Project, excluding Grant Funds.
Grantee is solely responsible for securing all Other Funds.
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EIAF 9499 — Weld County 66-41 Intersection Construction
P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee.
Q. "Performance Start Date" means the later of the Performance Start Date or the Execution
Date shown on the Summary of Grant Award Terms and Conditions page of this
Intergovernmental Grant Agreement.
R. Reserved.
S. Reserved.
T. Reserved.
U. "Project" means the overall project described in Exhibit B, which includes the Work.
V. "Project Budget" means the amounts detailed in §6.2 of Exhibit B.
W. Reserved.
X. Reserved.
Y. "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.
Z. "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.
AA. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
BB. "State Fiscal Year" means a 12 month period beginning on July I 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.
CC. "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.
DD. Reserved.
EE. "Subcontractor" means third -parties, if any, engaged by Grantee to aid in performance of
the Work. "Subcontractor" also includes sub -grantees.
FF. Reserved.
GG. Reserved.
HH. Reserved.
II. "Work" means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
JJ. "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.
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EIAF 9499 — Weld County 66-41 Intersection Construction
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 Grant Award 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. 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.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget 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,
taxes or penalties of any nature, except as required by Grantee's laws or policies.
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EIAF 9499 — Weld County 66-41 Intersection Construction
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 Project Budget in
Exhibit B.
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. Any Grant Funds remaining after submission and payment
of Grantee's final reimbursement request are subject to de -obligation by 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
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 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.
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EIAF 9499 — Weld County 66-41 Intersection Construction
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 (http://oit.state.co.us/ois) and all applicable laws, rules, policies,
publications, and guidelines. 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
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.
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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
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.
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
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EIAF 9499 — Weld County 66-41 Intersection Construction
shall be controlled and limited by the provisions of the GIA; 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, or
protections of any of these provisions.
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. Prior or contemporaneous additions, deletions, or other changes to this
Agreement shall not have any force or effect whatsoever, unless embodied herein.
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
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EIAF 9499 — Weld County 66-41 Intersection Construction
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
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. Any executed Option Letter
ii. The provisions of this Intergovernmental Grant Agreement.
iii. 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. Enforcement of this Agreement
and all rights and obligations hereunder are reserved solely to 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
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of
1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall 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 and available at
https://www.w3.org/TR/WCAG21 /.
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EIAF 9499 — Weld County 66-41 Intersection Construction
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 reconfiguration and reconstruction of the intersection of
Weld County Roads 66 and 41 to improve safety.
2.2. Work Description. Weld County (Grantee) will hire a qualified contractor to construct safety
improvements at the intersection of Weld County Roads (WCR) 66 and 41. WCR 66 is an east/west
arterial corridor connecting to U. S. Highway 85 (US 85). WCR 41 is a local road that parallels US 85,
connecting southbound traffic to east Greeley. Work includes widening the intersection to increase
turning radiuses and provide for left turn lanes in all directions; subgrade improvements; concrete
pavement at the intersection with asphalt pavement approaches; replacement and improvement of storm
water and irrigation ditch facilities; relocation of underground utilities; striping and signage. Grantee
will own and maintain 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, and required testing
costs incurred in the construction of the intersection. Costs for engineering, right-of-way acquisition,
bid process, permitting 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 safety improvements at the
intersection of Weld County Roads 66 and 41.
4.2. Service Area. The performance of the Work described within this Grant shall be located at the
intersection of WCR 66 and WCR 41 in Weld County Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will:
By_
Put Project out to bid.
Within 30 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
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EIAF 9499 — Weld County 66-41 Intersection Construction
Award and finalize subcontract(s).
Within 30 days of bid
opening.
Provide DOLA with digital Project photographs, submitted
through the Portal with Quarterly Status Reports.
See §4.5.2 below
Submit Quarterly Pay Requests
See §4.5.2 below
Submit Quarterly Status Reports
See §4.5.2 below
Submit Project Final Report
October 29, 2024
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
3'd (Jul -Sep)
2022
October 29, 2022
Yes
Yes
4`h (Oct -Dec)
2022
January 30, 2023
Yes
Yes
1. (Jan -Mar)
2023
April 30, 2023
Yes
Yes
rd (Apr -Jun)
2023
JULY 15, 2023*
Yes
Yes
3'd (Jul -Sep)
2023
October 29, 2023
Yes
Yes
4`h (Oct -Dec)
2023
January 30, 2024
Yes
Yes
U' (Jan -Mar)
2024
April 30, 2024
Yes
Yes
2nd (Apr -Jun)
2024
JULY 15, 2024*
Yes
Yes
3'd (Jul -Sep)
2024
October 29, 2024
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.
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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, Weld County 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. Elizabeth Relford, Deputy Public Works Director,
ierelford(a,weldgov.com). 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.may(alistate.co.us)
5.5. DLG Regional Assistant: Robert Thompson, (970) 290-2381, (robert.thompsond6istate.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 93% 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 Ltnc i
F
Total Pra ect
Cost
Grant
Funds
Otter
Funds
Other
Fsrn s
1tc
Coilate.or
1
Construction/Improvement of
Public Roadways
$10,500,000
$700,000
$9,800,000
Grantee
Total
$10,500,000
$700,000
$9,800,000
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.
Interim Payment(s)
$665,000
Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $35,000
Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
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EIAF 9499 — Weld County 66-41 Intersection Construction
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total
$700,000
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.
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.
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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
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EIAF 9499 — Weld County 66-41 Intersection Construction
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
Insert DLG Portal number
for this Project
Option Letter CMS
Number
Insert CMS number for this
Amendment
Grantee
Insert Grantee's Full Legal Name
Previous CMS #(s)
Insert CMS number for orig Agreement, and any prior chg
docs
Project Number and Name
Insert DOLA's project number and name
Grant Amount
Initial Award: $Insert orig award amt
Option Letter ## and date effective/spendable: $0.00
Option Letter ## and date effective/spendable: $0.00
Total Grant Amount: $Insert total award to date
DOLA Regional Manager
Choose an item.
DOLA Regional Assistant
Choose an item.
Prior Grant Agreement
Expiration Date
Month Day, Year
Current Grant Agreement
Expiration Date
Month Day, Year
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:
Rick M. Garcia, 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:
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EIAF 9499 • County •• Intersection 1 1
OPTIONS: Choose applicable options listed in §1 and
■ •. Option to extend option for I I f Time)
b. Change in the Grant Award Amount within the current term (use this option for an Increase or
Decrease IFunds,/ing Supplementafundingawards)
c. Budget Line Adjustment(s) — reallocation of awarded Grant Funds to Budget Line(s) (use this
Option I redistribute existing Grant Fundsbetween budget
2) REQUIRE') FROVISIONS. 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 of • • . 1 • acting by and through the Colorado Department of Local Affairs,1
Name, the State hereby exercises its option for additional beginning date and ending on
Insert ending date. TablesSections ' 1 4.5.2 of 1 Bare deleted 1 replaced with the following:
MilestoneWerformance
Put Project out to• t
days of
Date of
•,
Grant • •
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 1
••Work..
of
e
Date of
1
Submit
Quarterly
Pay
' •
' below
Submit Quarterly Status Reports
§'
below
Submit Project"•1
[give date
certain]
QuarterPay
1
Report
lst
(Jan -Mar)
2023
April
' 1
I
.
1
2023
OctoberYes
D'c)
2023
January 30, 2024
Yes
Yes
lst (Jan -Mar)
2024
April
'
Yes
Yes
• 1JULY
*
'
Yes
Yes
1
2024
October
4th
(Oct -Dec)
2024
January 30, 2025
Yes
Yes
1st (Jan -Mar)
2025
April
30, 2025
Yes
Yes
•
1
I
Yes
(Jul
-Sep)
2025
October
'
D'c)
2025
January 30,
2026
Yes
Yes
*State fiscal year runs July 1 — June 30 annually. Grantee must request 1 for all eligible
costs 1 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 . of • • .1 • acting by and through the Colorado Department of • . Affairs, and
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EIAF 9499 — Weld County 66-41 Intersection Construction
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)
Total
Cost
Project
Grant
Funds
Other
Funds
Source
Other
Funds
Line
Cost Category
Architectural/Engineering
Services
$ 0.00
Grantee
Construction/Improvement
Public
Roadways
of
Grantee
Total
$ 0.00
$ 0.00
$ 0.00
Payment
Amount
Interim Payment(s)
Paid upon
written
of eligible
receipt
Pay
approved
Requests
of
actual
expenses.
from
expense
the
documentation
Grantee
for reimbursement
and
Final
Payment
the
required
Paid
determined
upon
Grantee
Substantial
by the
has
reports.
State
submitted,
Completion
in
its
and
sole discretion),
DOLA
of
the
has
Project (as
provided
accepted, all
that
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
Cost
Project
Grant
Funds
Other
Funds
Other
Funds
Source
Line
#
Cost Category
Architectural/Engineering
Services
$ 0.00
Grantee
Construction/Improvement
Public
Roadways
of
Grantee
Total
$ 0.00
$ 0.00
$ 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 3of3
Contract Form
New Contract Request
Entity Information
Entity Name*
COLORADO DEPARTMENT OF LOCAL
AFFAIRS
Entity ID*
O00003104
Contract Name*
EIAF 9499 DOLA CONTRACT - WCR 69/41 INTERSECTION
IMPROVEMENTS
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
6142
Contract Lead*
ERELFORD
Contract Lead Entail
erelfordPco.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project;
Contract Description*
EIAF 9499 TIER II DOLA CONTRACT FOR WCR 66141 INTERSECTION IMPROVEMENTS. THE GRANT AMOUNT IS FOR $700,000.
THE PROJECT WILL BE BID AND AWARDED THROUGH A BEST -VALUE PROCESS APPROVED BY THE BOCC.
Contract Description 2
GRANT EXPIRATION DATE IS JULY 31, 2024.
Contract Type*
CONTRACT
Amount*
$700,000.00
Renewable*
NO
Automatic Renewal
Giant
YES
IGA
Department
PUBLIC WORKS
Department Email
CM-
Pu bl i cWo rks Twe l d g ov. com
Department Head Email
CM -Pu bl icWo rks-
DeptHead @weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY WELDG
OV.COM
Requested B®CC Agenda
Date*
07/20/2022
Due Date
07/16/2022
will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
Grant Deadline Date
If this is a renewal enter previous Contract ID
If this is part of a NSA enter NSA Contract ID
Note. the Previous Contract Number and Master Services Agreement Number should be left blankif those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date*
07/29/2024
Committed Delivery Date
Renewal Date
Expiration Date.
07,31/2024
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAY MCDONALD
OH Approved Date
07/18/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07,20;2022
Originator
ERELF0RD
Finance Approver
CHERYL PATTELLI
Legal Counsel
CAITLIN PERRY
Finance Approved Date Legal Counsel Approved Date
07/18/2022 07/19/2022
Tyler Ref*
AG 072022
Hello