HomeMy WebLinkAbout20183557.tiffAkad- ID ,ttia4
MEMORANDUM
TO: Clerk to the Board
DATE: December 13, 2018
FROM: Elizabeth Relford, Deputy Director
Public Works Department
SUBJECT: CDOT IGA for CNG Station Expansion — FYI 6
NFR CMAQ Program — Revised Amendment #1
At the November 7, 2018, Board meeting, the Commissioners executed the amended contract
accepting $315,119 of additional CMAQ funds from the North Front Range MPO for the
upgrade of the Weld County compressed natural gas (CNG) fueling station. This contract is
Intergovernmental Agreement (IGA) vetted with the Colorado Department of Transportation
(CDOT). Before CDOT executed the amended contract on their end, they re -sent a revised
amended IGA because CDOT's Controller requested the amended contract have separate
documents, which allow the Amendment to increase the funding and an Option Letter, to
follow, that would encumber the funding. A Sample Option Letter is included in the IGA and
will occur upon execution of the amended IGA.
The original contract was approved by the Board on October 12, 2017 through IGA (CDOT PO
#400000815; Weld County Project #22260). The additional CMAQ funding increases Weld
County's local match by $65,505 from $134,238 to $199,743. Public Work's project budget
has the funds to cover this increase and a budget revision is not needed.
The funding for the CNG station per the IGA/contract and Amendment #1 is as follows:
IGA —10/12/17
Amendment
Increase
#1
Total
Fund
Category
g
Federal
(CMAQ)
$645,762
$315,119
$960,881
Local
match
$134,238
$65,505
$199,743
Total
$780,000
$380,624
$1,160,624
Public Works recommends the Board to authorize the Chair's signature on the contract. I am
available to answer any questions you may have.
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STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Engineering Contract
2829 W. Howard Place, 3rd Floor
Denver, Colorado 80202
(303) 757-9747
January 23, 2019
Elizabeth Relford
Weld County Public Works
PO Box 758
Greeley, CO 80632-0758
Re: Original Contract No.: 18-HA4-XC-00014
Contract Routing No.: same
CDOT #: 331001685
Sub Account No.: 22260
Dear Ms. Relford:
Enclosed for your records on this project please find an original, fully executed and effective copy
of the contract referenced above.
Should you have any questions or require additional assistance regarding this contract document,
please do not hesitate to contact Dale Zachary at (303) 757-9131 or dale.zacharvstate.co.us.
Should you have any questions regarding the Scope of Work or Notice to Proceed, if applicable,
please contact the contract Project Manager. Thank you.
Sincerely,
111114a ‘Ei24Ltil
Tracie Benton
on behalf of Dale Zachary,
Contract Administrator
Enclosure
PO # / OLA # 4000388 15 / 33 1001685
Routing # 18-HA4-XC-00014-M000I
STATE OF COLORADO AMENDMENT
Amendment # 1 Project # AQC C030-074 (22260)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number -
18-HA4-XC-00014-M0001
Local Agency
WELD COUNTY GOVERNMENT
Original Agreement Routing Number
18HA4XC00014
Agreement Maximum Amount
Total for all state fiscal years
$1,160,624 00
Agreement Performance Beginning Date
The later of the effective date or September 19,
2017
Initial Agreement expiration date
September 18, 2022
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature
C
Date
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Micilael P Lewis, Executive Dire or
CI
Joshua Laipply, Chief Engi ee
Z/ZO /ZO /$
LOCAL AGENCY
WELD COUNTY GOVERNMENT
Signature
Barbara Kirkmeyer, Pro—Tem, Board
of Weld County Commissioners
Date
By (Print Name and Title)
DEC 172018
LOCAL AGENCY
(2°d Signature if Necessary)
SignaIure
Date
By (Print Name and Title)
In accordance with §24-30-202 C R S , this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate
Document Builder Generated
Rev 12/09/2016
Page 1 of 2
0.2o4-3-5-7(.2<)
PO # / OLA # 400000815 / 331001685
Routing # 18-HA4-XC-00014-M0001
1) PARTIES
This Amendment (the "Amendment") to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the "Agreement") is entered into by and between the Local Agency and the State
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement
3) EFFECTIVE DATE AND ENFORCEABILITY
A Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3 B of this
Amendment
B Amendment Term
The Parties' respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement
4) PURPOSE
The Parties entered into this agreement for CDOT overseeing Weld County in the design and construction of a
CNG fueling station at their public work facility
5) MODIFICATIONS
The Parties now agree to amend the original contract through Amendment 1, to replace Exhibits C and C-
I with Exhibit C-2, attached hereto All references to Exhibits C and C-1 are replaced by Exhibit C-2 This
modification adds $380,624 00 in Misc funds to the existing $780,000 00 in Misc funds for a new total
budget of $1,160,624 00
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Document Builder Generated Page 2 of 2
Rev 12/09/2016
EXHIBIT C-2 - FUNDING PROVISIONS
A Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $1,160,624 00, which is to be funded as follows
PROJECT#AQC C030-074 (22260)
1
BUDGETED FUNDS
a
Federal Funds $960,881 00
(82 79% of Participating Costs)
b
Local Agency Matching Funds $199,743 00
(17 21% of Participating Costs)
TOTAL BUDGETED FUNDS
$1,160,624 00
2
OMB UNIFORM GUIDANCE
a
Federal Award Identification Number (FAIN) TBD
b
Federal Award Date (also Phase Performance Start Date) See Below
c
Amount of Federal Funds Obligated $645 762 00
d
Total Amount of Federal Award $960,881 00
e
Name of Federal Awarding Agency FHWA
f
CFDA # - Highway Planning and Construction CFDA 20 205
g
Is the Award for R&D? No
h
Indirect Cost Rate (if applicable) N/A
3
ESTIMATED PAYMENT TO LOCAL AGENCY
a
Federal Funds Budgeted $ 960,881 00
b
Less Estimated Federal Share of CDOT-Incurred Costs $0 00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY
$960,881 00
4
FOR CDOT ENCUMBRANCE PURPOSES
a
Total Encumbrance Amount $780 000 00
b
Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0 00
Net to be encumbered as follows
$780,000 00
Performance Period Start*/End Date
WBS Element 22260 10 50
10/31/2017 / 7/31/2019
Misc
3404
$780,000 00
Exhibit C-2 - Page 1 of 2
r
B. Matching Funds
The matching ratio for the federal participating funds for this Work is 82.79% federal -aid funds to 17.21% Local
Agency funds, it being understood that such ratio applies only to the $1,160,624.00 that is eligible for federal
participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the
total participating cost of performance of the Work exceeds $1,160,624.00, and additional federal funds are made
available for the Work, the Local Agency shall pay 17.21% of all such costs eligible for federal participation and
100% of all non -participating costs; if additional federal funds are not made available, the Local Agency shall pay all
such excess costs. If the total participating cost of performance of the Work is less than $1,160,624.00, then the
amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described
herein. The performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $960,881.00 (for COOT
accounting purposes, the federal funds of $960,881.00 and the Local Agency matching funds of$ 199,743.00 will be
encumbered for a total encumbrance of $1,160,624.00), unless such amount is increased by an appropriate written
modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the
parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the
procedure in the previous sentence) agreeable to the parties prior to bid and award.
The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's
awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching
funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in
Section 7. E. of this contract.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving more than $750,000 from all funding sources
defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit
requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26. The Single
Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more -Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway
funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be
performed. This audit will examine the "financial" procedures and processes for this program area.
iii. Expenditure of $750,000 or more -Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple
sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire
organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an
allowable direct or indirect cost.
Exhibit C-2 - Page 2 of 2
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
'Local Agency
ZVENDORNAME
.11
Agreement Maximum Amount
Initial term
State Fiscal Year ZFYY_ 1
Extension terms
State Fiscal Year ZFYY 2
State Fiscal Year ZFYY_3
State Fiscal Year ZFYY _4
Stale Fiscal Year Zi'YY_5
Total for all state fiscal years
1. OPTIONS:
Option Letter Number
ZOPTLETNUM
Agreement Routing Number
ZSMAR1NO
S ZFYA I
$ ZFYA 2
$ ZFYA_3
$ ZFYA 4
$ ZFYA_5
$
ZPERSVC_MAX
AMOUNT
Agreement Effective Date
The later of the effective date or ZSTARTDAThX
Current Agreement Expiration Date
ZTERMDATEX
A Option to extend for an Extension Term
I) Option to unilaterally autltonie the Local Agency to begin a phase which may tmlude Design, Construction,
Environtrtental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acciuisition/Relocntion
or Railroads) and to update encumbrance atnounts(a.new Exhibit Cinust be.attached with the optipn letter and
shall be labeled C-1, future changes for this option shall be labeled"as follows, C-2, C-3, C-4, etc )
C Option to unilaterally transter'funds from one phase to anotherphase (a new Exhibit C must be attached with
the option letter and shall be labeled C -I, future changes for this option shall be labeled as follows C-2, C-3,
C-4, etc )
D Option to unilaterally do both A and B (a new Exhibit C. must be attached with the option letter and shall be
labeled C -I future changes for this option shad be labeled as follows: C-2, C-3, C-4, etc),
B Option to update a Phase Performance Period and/or Modify, OMB Uniform Guidance'Infonnatiow
2. REQUIRED PROVISIONS:
Option A
En accordance with Section 2, C of the Original Agreement referenced above, the State hereby exercises its option for an
additional terra, beginning on (insert date) and ending on the current contract expiration date shown above wider the,same
funding provisions stated m the Original Contra..t Exhibit C, as amended
Option B
In accordance with Section 7, E of the Ongmal Agreement referenced above, the State hereby excenses its option to
authorize die Local Agency to begin a phase that will include (dese, the which phase will be added and include all that
apply Design, Construction, Environmental, Utilities, ROWmcidenlals or Miscellaneous) and to encumber previously
budgeted funds for,ttte phase based upon changes in'finding availability and authorization The encumbrance for (Design,
Construction, Environmental, Utilities, ROW incidentals or Me oellaueous)is (insert dolla,s he, e) A new Exhibit C-1 is
made part of the original Agreement and replaces Exhibit C (The following is a NOTE only, please delete when using this
option Future changes for this option for Exhibit C shall be tabled as follows t-2, C-3, C-4,,etc )
Option C
In accordance with Section 7, E of the Original Agreement referenced above, the State hereby excenses its option to
authorize the Local Agency to transfer funds from (describe phase fr out winch funds will be moved) to (desc, the phase to
Exhibit B - Page t of 2
which funds will be moved) based on variance in actual phase costs and original phase estimates A new Exhibit C-1 is
made part of the original Agreement and replaces Exhibit C
Option D
In accordance with Section 7, E of the Original Agreement referenced above, the State hereby excenses its option to
authorize the Local Agency to begin a phase that will Include (describe winch phase will be added and include all that
apply Design, Construction, Environmental, Uhlthes, ROW incidentals or Miscellaneous), 2) to encumber funds for the
phase based upon changes in funding availability and authorization, and 3) to transfer funds from (disc, the phasefiom
which fluids will be moved) to (describe phase to winch fimds wdl<be moved) based on variance in actual phase costs,and
original phase estimates' A new Exhibit C-1 is made pail of the onginnlEAgreement and replaces Exhibit C
(The following language must be included on ALI options)
The Agreement Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with
the Current Agreement Maximum Amount table shown above
Option E
In accordance with Section 7, E of the Original Agreement referenced above, the State hereby excerises its option to
authorize the Local Agency to update a Phase Performance Period 'and/or Modify OMB Uniform Guidance Information A
new Exhibit C -I is made part of the original Agreement and replaces Exhibit C.
3. OPTION EFFECTIVE DATE:
The effective date of this optionletter is upon approval of the State Controller or delegate
APPROVALS:
State of Colorado.
John W Ificitenlooper, Governor
By Date
Executive Director, Colorado Departmentol Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Conirollet to approve all State Contracts. This Agreement is not valid until
aigm.d and dated below by the State Controller or delegate Contractor is not authorized to begin performane'e until
such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the '
Local Agency for such performance or for any goods and/or services provided hereunder.
State Controller
Robert Jaros, CPA, MBA, JD
By. _
Date
I xhibit B - Page 2 of 2
Stephanie Frederick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Zachary - CDOT, Dale <dale.zachary@state.co.us>
Monday, November 19, 2018 4:14 PM
Elizabeth Relford
Jake Schuch - CDOT
REVIEW AND SIGNATURE REQUEST: AM1 Weld County_22260_400000815_331001685
AM1 22260 Weld County 400000815_331001685 v11-19-18.pdf
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Elizabeth
Apologies for needing to do this again. Our Controller requested we separate the documents so that the
Amendment increases the funding, and an Option Letter to follow, encumbers it.
Attached please find a .pdf of the above -referenced contract document for review and signature. Please do not
modify the contract document in any fashion other than signatures.
After completing your review, as this document has already been approved by our CUPS quality control unit, if
there are no requested revisions, please print three (3) single -sided copies and have each copy signed and
dated by a representative of your organization who is authorized to bind the organization to the terms of the
contract. Each of the three original copies must contain original (wet ink) signatures. Blue ink is preferred for
the signatures.
Please return (trackable delivery is appreciated) the triplicate signed originals of the contract document and of
the resolution or ordinance to:
CDOT Engineering Contracts
c/o Dale Zachary
2829 W. Howard Place, 3rd Floor
Denver, CO 80204
Please keep me advised of the time for signature and return of the triplicate original signed documents to me
by the organization.
1
This contract document is not fully executed and effective at this time. The document will be signed by the
State Controller or Delegate at the final stage of the approval process. I will transmit a fully conformed copy of
the effective document to you as soon as it is available to me and original hard copy of the fully executed and
effective original contract document will then be mailed to the organization.
Please reply to acknowledge receipt of this email and attachments, and do not hesitate to contact me via
telephone or email with any questions. Thank you for your assistance.
Regards,
Dale
Dale Zachary
Contracts Administrator
Engineering Contracts
Contracts 8 Market Analysis Branch
P 303.757.9131
2829 W. Howard Ptace,3rd Floor, Denver, CO 80204
dale.zacharv@state.co.us I codot.gov I www.cotrip.org
2
Esther Gesick
From:
Sent
To
Cc:
Subject:
Attachments
Esther,
Elizabeth Relford
Wednesday, December 12, 2018 1 17 PM
CTB
Everett Bacon, Jay McDonald, Steve Moreno
FW REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815_
331001685
SampleOptionLetter pdf, revisedAmendment#1_AM1 22260 Weld County 400000815_
331001685 v11-19-18 pdf, memo_revisedAmendment#1_BOCC_FY17_NFR_CNG_Station
121218 docx, REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815
_331001685
Following up from the email string, I wanted to let you know the Board had a work session about this contract on
Monday, December 10, 2018 and approved the amended IGA and requested it be placed on the consent agenda, since
they essentially, approved the contract at their November 7, 2018 meeting I revised the staff memo accordingly and
will work with Everett to get it into OnBase Just wanted to follow up and let you know it's been approved for the
consent agenda Please do not hesitate to contact Commissioner Moreno or myself to discuss
Thanks,
Elizabeth
Elizabeth Relfa d
Deputy Director
Weld County Public Works
1111 H Street
PO Box 758
Greeley, CO 80632-0758
Email erelford@ co weld co us
Office (970) 400- 3748
Mobile (970) 673-5836
Web http //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. Esther Gesick
Sent: Friday, November 30, 2018 8 49 AM
1
To. Everett Bacon <ebacon@weldgov corn>, Elizabeth Relford <erelford@weldgov corn>
Cc: Karla Ford <kford@weldgov corn>, CTB <CTB@co weld co us>
Subject: FW REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815_331001685
Hi Everett,
I've attached the Pass Around and Work Session request forms if you don't already have them I would recommend
placing the contents of your memo in the PA form so that Karla Ford can circulate it for the BOCC to sign off and give
direction concerning your request Just my two cents, but typically a formal amendment of this nature that is changing
the structure and financing would require full Board Resolution and is not Consent eligible However, that would
ultimately be at the discretion of the Board if they wish to waive that requirement
Esther E. Gesick
Clerk to the Board
1150 O Street /P O Box 758/Greeley, CO 80632
tel (970) 400-4226
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: Everett Bacon
Sent: Friday, November 30, 2018 8 04 AM
To. Esther Gesick <egesick@weldgov corn>, Elizabeth Relford <erelford@weldgov com>
Subject: FW REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815_331001685
Esther/Elizabeth,
The memo and two attachments to it are attached for your review Let me know if I need to make any changes I was
hoping one of you could distribute it to the Commissioners, etc
Thanks,
Everett Bacon, P.E.
970-400-3762 (office)
970-939-0070 (cell)
From. Elizabeth Relford
Sent: Wednesday, November 28, 2018 7 41 PM
To• Everett Bacon <ebacon@weldgov corn>
Subject: Fwd REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815_331001685
Everett,
Can you please help me with this, I would really appreciate it
Thanks,
Elizabeth
2
Weld County Public Works
Begin forwarded message
From• Esther Gesick <egesick@weldgov corn>
Date November 27, 2018 at 7 43 27 AM EST
To: Elizabeth Relford <erelford@weldgov corn>, CTB <CTB@co weld co us>
Cc. Stacey Swanson <sswanson@weldgov corn>, Jay McDonald <Imcdonald@weldgov corn>
Subject. RE. REVIEW AND SIGNATURE REQUEST: AM1 Weld County_22260_400000815_331001685
Hi Elizabeth,
Just following up on this one is it in process?
Esther E. Gesick
Clerk to the Board
1150 O Street/P O Box 758/Greeley, CO 80632
tel (970) 400-4226
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: Esther Gesick
Sent: Tuesday, November 20, 2018 2 47 PM
To• Elizabeth Relford <erelford@weldgov corn>, CTB <CTB@co weld co us>
Cc• Stacey Swanson <sswanson@weldgov corn>, Jay McDonald <Imcdonald@weldgov corn>
Subject. RE REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815_331001685
Elizabeth,
I think if you email this to the Commissioners, and copy Barb Connolly and the County Attorney,
explaining the change and request their acknowledgement and authorization, then that should be
sufficient for us to list on the Consent Agenda (vs New Business) to authorize the Chair's signature and
ensure transparency and proper tracking I do not think it is Just a simple sign and swap
Esther E Gesick
Clerk to the Board
1150 O Street/P O Box 758 / Greeley, CO 80632
tel (970) 400-4226
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
3
From. Elizabeth Relford
Sent: Monday, November 19, 2018 4 29 PM
To: CTB <CTB@co weld co us>
Cc. Stacey Swanson <sswanson@weldgov com>, Jay McDonald <Imcdonald@weldgov com>
Subject. FW REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815_331001685
Hi Ladies,
I just received this email from CDOT and am not sure how you want to proceed? I am looking at is as a
paperwork clean up matter, but let me know what you think?
CDOT is requesting we modify the agreement the chair just signed I believe on 11/7/2018 (contract
ID#2259/20183557) with the attached pdf Is it possible to replace 20183557 with this pdf? We would
need Steve to sign this one and resend back to CDOT
Let me know if this can be administrative or we have to go back to the Board? Obviously, I'm voting for
administrative approval, lol Let me know
Thanks,
Elizabeth
From: Zachary - CDOT, Dale <dale zacharv@state co us>
Sent: Monday, November 19, 2018 4 14 PM
To• Elizabeth Relford <erelford@weldgov com>
Cc: Jake Schuch - CDOT <lake schuch@state co us>
Subject: REVIEW AND SIGNATURE REQUEST AM1 Weld County_22260_400000815_331001685
:Caution. This emailrongrnated from outside of Weld County Government Do riot click links or�operhattachmentsxunl`ess-you recognize the
R,;"'� , r =k4- ' 2� 44- fi z uy —' 'is S"_'�°"
y�oJ�Ve %` tii
sender and know'the content is safe: -
4;
Hi Elizabeth
Apologies for needing to do this again Our Controller requested we separate the documents so
that the Amendment increases the funding, and an Option Letter to follow, encumbers it
Attached please find a pdf of the above -referenced contract document for review and signature
Please do not modify the contract document in any fashion other than signatures
After completing your review, as this document has already been approved by our CUPS quality
control unit, if there are no requested revisions, please print three (3) single -sided copies and
have each copy signed and dated by a representative of your organization who is authorized to
bind the organization to the terms of the contract Each of the three original copies must contain
original (wet ink) signatures Blue ink is preferred for the signatures
4
Please return (trackable delivery is appreciated) the triplicate signed originals of the contract
document and of the resolution or ordinance to
CDOT Engineering Contracts
c/o Dale Zachary
2829 W Howard Place, 3rd Floor
Denver, CO 80204
Please keep me advised of the time for signature and return of the triplicate original signed
documents to me by the organization
This contract document is not fully executed and effective at this time The document will be
signed by the State Controller or Delegate at the final stage of the approval process I will
transmit a fully conformed copy of the effective document to you as soon as it is available to me
and original hard copy of the fully executed and effective original contract document will then be
mailed to the organization
Please reply to acknowledge receipt of this email and attachments, and do not hesitate to
contact me via telephone or email with any questions Thank you for your assistance
Regards,
Dale
Dale Zachary
Contracts Administrator
Engineering Contracts
Contracts a Market Analysis Branch
COLORADO
Department of Transportatton
Dm no of Projxt Support
P 303.757 9131
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RESOLUTION
RE: APPROVE AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT FOR A CNG
FUELING STATION AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment #1 to the Intergovernmental
Agreement for a CNG Fueling Staton between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Colorado Department of Transportation, commencing upon full execution
of signatures, and ending July 31, 2019, with further terms and conditions being as stated in said
amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Amendment #1 to the Intergovernmental Agreement for a CNG Fueling
Station between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado
Department of Transportation, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the
Board
-Deputy Clerk to the Board
APPROVED
County Attorney
Date of signature: N15/18
Steve Moreno, Chair
iji"le
ara Kirkmeyer, Pro- em
can P. Conway
USED
A. Cozad
Mike Freeman
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2018-3557
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MEMORANDUM
TO: Clerk to the Board
DATE: November 7, 2018
FROM: Elizabeth Relford, Deputy Director
SUBJECT: Additional NFRMPO funding for amended CDOT
CMAQ Contract Project #22260 — CNG Upgrade,
This year, through the North Front Range (NFR) Metropolitan Planning Organization (MPO)
Weld County was approved to receive $380,624 additional Congestion, Mitigation, and Air
Quality (CMAQ) funding to upgrade Weld County's compressed natural gas (CNG) fueling
station. The following contract increases Weld County's federal funding from $780,000 to
$960,881. Weld County's local match requirement is 17.21%, which equates to $199,743 for an
amended total contract budget of $1,160,624. Weld County anticipates the total construction
cost to be $2,159,857. The station upgrade is on schedule to be completed before the end of the
year.
I am available to answer any questions you may have.
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MEMORANDUM
TO: Board of County Commissioners
DATE: November 2, 2018
FROM: Stacey Swanson, Budget Manager
SUBJECT: CDOT IGA Amendment #1 for CNG
Fuel Station Design/Construction
Public Works is requesting the Board authorize the Chair's signature on this Amendment
to the IGA between the Colorado Department of Transportation and Weld County.
The amendment replaces Exhibits C and C-1 with Exhibit C-2. This modification adds
$380,624 in miscellaneous funds to the existing $780,000 in miscellaneous funds and
encumbers the entire $1,160,624.
Staff recommends authorization of the Chair's signature on the DOLA contract. I am
available to answer any questions you may have.
2018-3557
PO 8 /OLA k: 400000815/331001685
Routing 8: 18-H A4-XC-00014-ZM0001-M0002
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: AQC C030-074 (22260)
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation
Amendment Routing Number
18-HA4-XC-00014-ZM0001-M0002
Local Agency
WELD COUNTY GOVERNMENT
Original Agreement Routing Number
18HA4XC00014
Agreement Maximum Amount
Total for all state fiscal years
$1,160,624.00
Agreement Performance Beginning Date
The later of the effective date or September 19,
2017
Initial Agreement expiration date
September 18, 2022
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Parry authorizing his or her signature.
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
-Michael P. Lewis, Executive Director
Rev seta O.m.Q.x,d v .rvi- GQpproved
Joshua Laipply, P.E.,,�C,hief Engineer
(This v
Date: "G ao+sired)
LOCAL AGENCY
WELD COUNTY GOVERNMENT
LOCAL AGENCY
(2" Signature if Necessary)
Signature
Steve Moreno, Chair, Board of
Weld County Commissioners
Signature
By: (Print Name and Title)
Date: NOV e 4 2018
By: (Print Name and Title)
Date:
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Department of Transportation
Effective Date:
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02018"5557 i�
PO # / OLA #: 400000815 / 331001685
Routing #: 18-HA4-XC-00014-ZM0001-M0002
1) PARTIES
This Amendment (the "Amendment") to the Original Agreement shown on the Signature and Cover Page for
this Amendment (the "Agreement") is entered into by and between the Local Agency and the State.
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
The Parties entered into this agreement for CDOT overseeing Weld County in the design and construction of a
CNG fueling station at their public work facility.
5) MODIFICATIONS
The Parties now agree to amend the original contract through Amendment 1, to replace Exhibits C and
C-1 with Exhibit C-2, attached hereto. All references to Exhibits C and C-1 are replaced by Exhibit C-2.
This modification adds $380,624.00 in Misc. funds to the existing $780,000.00 in Misc. funds, and
encumbers the entire $1,160,624.00.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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EXHIBIT C-2 — FUNDING PROVISIONS
A. Cost of Work Estimate
PROJECT#AQC C030-074 (22260)
The Local Agency has estimated the total cost the Work to be $1,160,624.00, which is to be funded as follows:
1. BUDGETED FUNDS
a. Federal Funds $960,881.00
(82.79% of Participating Costs)
b. Local Agency Matching Funds $199,743.00
(17.21% of Participating Costs)
TOTAL BUDGETED FUNDS
$1,160,624.00
2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Federal Award Date (also Phase Performance Start Date): See Below
c. Amount of Federal Funds Obligated by: $960,881.00
d. Total Amount of Federal Award: $ 960,881.00
e. Name of Federal Awarding Agency: FHWA
f. CFDA # - Highway Planning and Construction CFDA 20.205
g. Is the Award for R&D? No
h. Indirect Cost Rate (if applicable) N/A
3. ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted $ 960,881.00
b. Less Estimated Federal Share of CDOT-Incurred Costs $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY
$960,881.00
4. FOR CDOT ENCUMBRANCE PURPOSES
a. Total Encumbrance Amount $ 1,160,624.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00
Net to be encumbered as follows:
$ 1,160,624.00
Performance Period Start*/End Date
WBS Element 22260.10.50
10/31/2017 / 7/31/2019
Misc.
3404
$1,160,624.00
Exhibit C-2 - Page 1 of 2
B. Matching Funds
The matching ratio for the federal participating funds for this Work is 82.79% federal -aid funds to 17.21% Local
Agency funds, it being understood that such ratio applies only to the $1,160,624.00 that is eligible for federal
participation, it being further understood that all non -participating costs are borne by the Local Agency at 100%. If the
total participating cost of performance of the Work exceeds $1,160,624.00, and additional federal funds are made
available for the Work, the Local Agency shall pay 17.21% of all such costs eligible for federal participation and
100% of all non -participating costs; if additional federal funds are not made available, the Local Agency shall pay all
such excess costs. If the total participating cost of performance of the Work is less than $1,160,624.00, then the
amounts of Local Agency and federal -aid funds will be decreased in accordance with the funding ratio described
herein. The performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $960,881.00 (for CDOT
accounting purposes, the federal funds of $960,881.00 and the Local Agency matching funds of $199,743.00 will be
encumbered for a total encumbrance of $1,160,624.00), unless such amount is increased by an appropriate written
modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the
parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data
as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the
procedure in the previous sentence) agreeable to the parties prior to bid and award.
The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency's
awarded contract is less than the budgeted total of the federal participating funds and the Local Agency matching
funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in
Section 7. E. of this contract.
D. Single Audit Act Amendment
All state and local government and non-profit organizations receiving more than $750,000 from all funding sources
defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit
requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 C.F.R. 18.20 through 18.26. The Single
Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $750,000
If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway
funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more -Highway Funds Only
If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway
funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be
performed. This audit will examine the "financial" procedures and processes for this program area.
iii. Expenditure of $750,000 or more -Multiple Funding Sources
If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple
sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire
organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an
allowable direct or indirect cost.
Exhibit C-2 - Page 2 of 2
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