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Home My WebLink About20211870.tiffRESOLUTION RE: APPROVE SUMMARY OF GRANT AWARD TERMS AND CONDITIONS FOR ENERGY AND MINERAL IMPACT ASSISTANCE FUND (EIAF 9371) PROGRAM GRANT FUNDS FOR COUNTY ROAD 43 IMPROVEMENTS PROJECT (MARCH CYCLE -TIER I) 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 a Summary of Grant Award Terms and Conditions for the Energy and Mineral Impact Assistance Fund (EIAF 9371) Program Grant Funds for the County Road 43 Improvements Project (March Cycle -Tier I) 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, Division of Local Government, commencing upon full execution of signatures, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Summary of Grant Award Terms and Conditions for the Energy and Mineral Impact Assistance Fund (EIAF 9371) Program Grant Funds for the County Road 43 Improvements Project (March Cycle -Tier I) 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, Division of Local Government, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddi`Xek) XL; ti Steve Weld County Clerk to the Board reno, Chair Deputy Clerk to the Boar Date of signature: 0719-0 /2 Cc : PwaR1cH), AcT(6c/cD) 07/2 /2 2021-1870 EG0079 MEMORANDUM TO: Board of County Commissioners DATE: July 8, 2021 FROM: Elizabeth Relford, PW Deputy Director SUBJECT: EIAF 9371 - WCR 43 DOLA Contract Public Works is requesting the Board authorize the Chair's signature on this Tier I DOLA contract in the amount of $100,000 for the Energy Impact Assistance Fund (EIAF) grant to improve WCR 43 from WCR 60.5 to SH 392. The total construction cost is anticipated to be $1,295,000 for the full -depth reclamation (FDR), which is the cost of materials since Weld County crews will be constructing the improvements. The project is anticipated to be completed prior to harvest in September. Staff recommends authorization of signature on the DOLA contract. I am available to answer any questions you may have. 2021-1870 E.Goo l 9 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF CTGG1 NLAA 2022"2044 SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Department of Local Affairs DLG Number F22S9371 CMS Number 169903 Grantee Weld County Grant Award Amount $100,000.00 Retainage Amount $5,000.00 Project Number and Name EIAF 9371 — Weld County Road 43 Improvements Performance Start Date The later of the Effective Date or July 7, 2021 Grant Expiration Date July 31, 2023 Project Description The Project consists of roadway improvements along Weld County Road 43. 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) 679-4501, Funding Account Codes (chris.la.may(&, state.co.us) DOLA Regional Assistant Robert Thompson, (970) 290-2381, VCUST# 14294 Address Code CN001 EFT (robert.thompsonstate.co.us) THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER ,—DocuSigned by: fi Lait,rs 1DOB4F9ADCOA49C... By: Tim Katers, EIAF Program Manager Date: 7/8/2021 I 12:51 PM MDT STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Rick M. Garcia, Executive Director ,--DocuSigned by: n►G- I'vl,. AaY'ua — V `-8139CF536BC34AC... By: Rick M. Garcia, Executive Director Date: 7/8/2021 I 3:42 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 DocuSigned by: DFA94368247F476... By: Controller Delegate Department of Local Affairs Effective Date: 7/9/2021 I 10:37 AM MDT DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements TERMS AND CONDITIONS 1. GRANT As of the Performance Start Date, the State Agency shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter (the "State") hereby obligates and awards to Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter (the "Grantee") an award of Grant Funds in the amount shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties' respective performances under this Grant Award Letter 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 Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter 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 Grant Award Letter 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 Grant Award Letter by the State for breach by Grantee. C. Reserved. 3. AUTHORITY Authority to enter into this Grant Award Letter 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 (Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been Page 2 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements accomplished from and with appropriate agencies. This Grant Award Letter 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 Grant Award Letter: 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 Grant Award Letter, 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 Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. I. "Grant Award Letter" or "Grant" means this letter 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. J. "Grant Expiration Date" means the Grant Expiration Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award Letter. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. K. "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 Grant Award Letter. L. "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. M. "Initial Term" means the time period between the Performance Start Date and the initial Grant Expiration Date. 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. P. "Party" means the State or Grantee, and "Parties" means both the State and Grantee. Page 3 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements 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 Grant Award Letter. 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 Grant Award Letter, 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 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. 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 Grant Award Letter. 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. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. Page 4 of 10 version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements 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 Grant Award Letter 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 Grant Award Letter. 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 Grant Award Letter. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Grant Award Letter 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 Grant Award Letter, 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 Grant Award Letter each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal years, and this Grant Award Letter 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. Page 5 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements D. Reimbursement of Grantee Costs The State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter 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 Grant Award Letter 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 Grant Award Letter 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. Page 6 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 - Weld County Road 43 Improvements 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 Grant Award Letter. 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 Grant Award Letter. 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. Page 7 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements 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 Grant Award Letter, 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 Grant Award Letter 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 Grant Award Letter 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 GIA; the Federal Tort Claims Act, 28 U.S.C. Page 8 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements 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 Grant Award Letter 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 Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter 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 Grant Award Letter 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 Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, 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 Grant Award Letter 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. Order of Precedence In the event of a conflict or inconsistency between this Grant Award Letter 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 Grant Award Letter. iii. The provisions of any exhibits to this Grant Award Letter. Page 9 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, 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. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter 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. I. Third Party Beneficiaries Except for the Parties' respective successors and assigns described above, this Grant Award Letter 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. J. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Grant Award Letter, 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. K. Reserved. L. Digital Signatures If any signatory signs this Grant 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 Grant by reference. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 10 Version 0717 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 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 roadway improvements along Weld County Road 43. 2.2. Work Description. Weld County (Grantee) will purchase materials and construct full depth reconstruction (FDR) of approximately 3.75 miles of Weld County Road (WCR) 43 from State Highway (SH) 263 (WCR 60.5) to SH 392. Grantee will mill the existing asphalt to a depth suitable for mixing cement -treated base (CTB) into the subgrade. The CTB will reinforce the subgrade structure to strengthen the foundation for the asphalt to better handle heavy truck traffic. Grantee will pave the roadway with six inches of polymer asphalt. The asphalt thickness, along with the CTB, will improve the lifecycle of the road with high truck traffic. Grantee will own and maintain all improvements and, in accordance with §9 below, a contractor will be hired to complete the Work. 2.2.1. A contract for the purchase or acquisition of materials, equipment, or vehicles shall be awarded by Grantee to a qualified vendor or firm through a competitive selection process with the Grantee being obligated to award the contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 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: purchase cost of asphalt and materials needed to reconstruct the proposed section of WCR 43. Grantee is solely responsible for the costs of engineering, bid process, bond, insurance, legal fees, permitting, and any cost overruns incurred in the completion of the Project. 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 reconstruction of the County Road, increasing the safety on and longevity of the roadway. 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: THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 1 of 5 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements Milestone/Performance Measure/Grantee will: By_ Put Project out to bid. Within 90 days after the Effective Date of this Grant Award Letter. Award and finalize subcontract(s). Within 30 days after bid opening. Provide DOLA with Project pictures. With Quarterly 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, 2023 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) 2021 October 30, 2021 Yes Yes 4th (Oct -Dec) 2021 January 30, 2022 Yes Yes 1St (Jan -Mar) 2022 April 30, 2022 Yes Yes tad (Apr -Jun) 2022 July 30, 2022 Yes Yes 3rd (Jul -Sep) 2022 October 30, 2022 Yes Yes 4th (Oct -Dec) 2022 January 30, 2023 Yes Yes 1St (Jan -Mar) 2023 April 30, 2023 Yes Yes 2" (Apr -Jun) 2023 July 30, 2023 Yes Yes Page 2 of 5 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 - Weld County Road 43 Improvements 3'd (Jul -Sep) 2023 October 29, 2023 Yes Yes 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, Assistant 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) 679-4501, (chris.la.mav(aistate.co.us) 5.5. DLG Regional Assistant: Robert Thompson, (970) 290-2381,(robert.thompson(&,,state.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 92% 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 Grant Award Letter 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 Utilities $1,295,000 $100,000 $1,195,000 Grantee Total $1,295,000 $100,000 $1,195,000 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. Payment Amount Interim Payment(s) $95,000 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $5,000 Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided Page 3 of 5 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements that the Grantee has submitted, and DOLA has accepted, all required reports. Total $100,000 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. Page 4 of 5 DocuSign Envelope ID: B6FB5489-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements 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: B6FB54B9-8FE9-4F17-9400-6185F2256067 EIAF 9371 — Weld County Road 43 Improvements 1 OPTION LETTER #Insert # Here 7 SIGNATURE AND COVER PAGE State Agency DLG Number Option Letter CMS ig Department of Local Affairs Insert DLG encumbrance Number number for this Project Insert CMS number for this -;1 Amendment Grantee Previous CMS #(s) Insert Grantee's Full Legal Name Insert CMS number for orig Agreement, and any prior chg docs Project Number and Name Grant Amount Insert DOLA's project number and name Initial Award: $Insert orig award amt Option Option Total Grant Letter Letter ## and ## and Amount: date date effective/spendable: effective/spendable: $Insert total award $0.00 $0.00 to date DOLA Regional Manager Prior Grant Agreement Current Grant Agreement l = Choose an item. Expiration Date Expiration Date DOLA Regional Assistant Month Day, Year Month Day, Year Choose an item. THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER g Each person signing this Option Option Letter Letter and represents to bind the and Party warrants authorizing that he or his or she is duly her signature. authorized to execute this STATE OF COLORADO ` � Colorado : By o Jared S. Polis GOVERNOR Department of Local Affairs �= << Rick Date: M. Garcia, Executive Director ti . --. ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER r' ?. F'. = CRS §24-30-202 requires the State Controller dated to approve below all by the State State contracts. Controller or delegate. This Option Letter is not valid until signed and ,-, 'I`r ,. i•. TT s. STATE Robert By: CONTROLLER Jaros, CPA, MBA, JD ith Effective DOLA Date: Controller Delegate z, 4, 6 Page 1of3 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 _ - - EIAF 9371 — Weld County Road 43 Improvements .;r 1) OP II K S: 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 - 2) REQUIRED a. For Option PROVISIONS. use to redistribute with Option 1(a): All existing Option In accordance Grant Letters Funds shall with Section between contain 2(A) the budget appropriate of the lines) original provisions Grant set forth Award Letter below: 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 tern 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: Millest©t e/Perforrnnnce Measure II . Put Project out to bid. Within days of the Effective Date of this Grant Award Letter. Award and finalize subcontract(s) and/or sub- [give target date] grant(s). 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 §40502 bellow Submit Quarterly Status Reports See §4.5.2 bellow Submit Project Final Report [give date certain] Quarter Year Due Date Pay Request Status Report 1st (Jan -Mar) 2022 April 30, 2022 Yes Yes 2nd (Apr -Jun) 2022 Judy 30, 2022 Yes Yes 3'd (Jul -Sep) 2022 October 3(0, 2 (22 Yes Yes 4th (Set -Dec) 2022 January 30, 2023 Yes Yes 1St (Jan -Mar) 2023 Aprfi 30, 2023 Yes Yes 2nd (Apr -Jun) 2023 Judy 30, 2(23 Yes Yes 3rd (Jul -Sep) 2023 October 30, 2023 Yes Yes 4th (let -Dee) 2023 January 30, 2024 Yes Yes 1St (Jan -Mar) 2024 April 30, 2024 Yes Yes 2"d (Apr -Jun) 2024 Judy 30, 20024 Yes Yes 3rd (Jul -Sep) 2024 Octoll er 30, 2024 Yes Yes 4th (Oct -Dec) 2024 January 30, 2025 Yes Yes k For use with O-t ion 1(h)^ In accordance with Section 7(A)(i) of the original Grant Award Letter 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 Page 2 of 3 DocuSign Envelope ID: B6FB54B9-8FE9-4F17-9400-6185F2256067 }f; P. E r FAA s i E. I ii hit gi t. iI EIAF 9371 shown to c. State State in 3) Effective is later. E - ending Weld on the County Road Summary amt. 43 The of Improvements Grant Budget with the Award table following: Terms in and Section Conditions 6.2 and the page of Payment this Schedule Grant Award in Section Letter 7.1, is hereby both of changed Exhibit dollar B, For are deleted and replaced Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds Source Line # Cost Category Architectural/I-i,ngineering Services $ 0.00 Grantee Construction/Improvement Public Roadways of Grantee Total $ 0.00 S 0.00 $ 0.00 Payment Amount Interim Payment(s) Paid upon receipt written Pay of eligible approved Requests of actual from expenses. expense documentation the Grantee for reimbursement and Final Payment the required Paid determined upon Grantee reports. Substantial by the has submitted, Completion State in its and sole DOLA discretion), of the Project (as provided has accepted, all that Total use with Option 1(c): In and deleted accordance to through re -allocate and the replaced with Colorado awarded Section with Department Grant the 7(D)(i) of Funds following: the of Local within original the Affairs, Grant and Project Award Budget. Grantee's Letter between Name, the the table Section of hereby Colorado, exercises 6.2 of acting Exhibit its by option B is The Budget 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 S 0.00 $ 0.00 S 0.00 Date. The effective date of REST OF this Option THIS PAGE Letter Page is INTENTIONALLY 3 of upon 3 approval of the State LEFT BLANK Controller or whichever , THE Hello