HomeMy WebLinkAbout20184092.tiffRESOLUTION
RE: APPROVE AMENDMENT TO CONGESTION MITIGATION AND AIR QUALITY (CMAQ)
GRANT AGREEMENT FOR UPPER FRONT RANGE NATURAL GAS VEHICLE
FLEETS 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 an Amendment to the Congestion
Mitigation and Air Quality (CMAQ) Grant Agreement for Upper Front Range Natural Gas Vehicle
Fleets 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 and ending December 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 the Amendment to the Congestion Mitigation and Air Quality (CMAQ)
Grant Agreement for Upper Front Range Natural Gas Vehicle Fleets 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 17th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d o .411p;i1
Weld County Clerk to the Board
BY:
APP
EXCUSED
Ste Moreno, Chair
arbara Kirkmeyer, Pry-Tem
Deputy XCUSED
ounty Attorney
Date of signature: I (21/19
an P. C•nway
A. Cozad
Mike Freeman
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2018-4092
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MEMORANDUM
TO: Clerk to the Board
DATE: December 3, 2018
FROM: Everett Bacon, P.E.
Transportation Planner
Public Works Department
SUBJECT: Amendment #1 of CDOT Contract for CMAQ
Project #22102, CDOT #491001530 — FY17 UFR
This is a request from the Public Works Department for the Board of County Commissioners
(BOCC) to approve Amendment #1 for the referenced. Colorado Department of Transportation
(CDOT) contract, extending it by one year to December 31, 2019, as indicated in paragraph 6
of the attached Grant Amendment. The contract provides for the procurement of eleven (11)
compressed natural gas (CNG) trucks and two (2) heavy-duty truck conversions to liquified
natural gas (LNG).
For Fiscal Year 2017, Weld County, the Town of Gilcrest, and the City of Fort Lupton were
collectively awarded $502,000 in federal Congestion Mitigation and Air Quality (CMAQ)
Improvement Program funding through the Upper Front Range (UFR) Transportation Planning
Region (TPR). The local match requirement is 17.21% ($104,353) for a total contract amount
of $606,353. As you know, Weld County procures CMAQ-funded vehicles for local
governments in the County. Two (2) of the eleven vehicles in the contract are for Gilcrest,
three (3) for Fort Lupton, and six (6) vehicles and two (2) conversion kits for Weld County.
The equipment complies with the Federal Highway Administration's (FHWA) dominant
transportation function definition and will be used for multiple purposes, including but not
limited to snow plowing, road sanding and salting, road surface maintenance, weed control,
road right-of-way maintenance, and for emergency response to assist in scene management to
ensure public safety and mobility are maintained for the traveling public. Likewise, the
vehicles and conversions will contribute to reductions of ozone precursor emissions (i.e.,
volatile organic compounds [VOC], nitrogen oxides [NOx]) as required by the CMAQ
program.
The contract has an expiration date of December 31, 2018, which does not allow enough time
to bid and procure the vehicles. The time extension is necessary because the CMAQ funds had
been delayed due to the lack of Buy America waivers for the equipment. In April 2018,
FHWA issued. Buy America waivers for this equipment (83 FR 16421, April 16, 2018) so the
procurement process can proceed.
To summarize, the Public Works Department is requesting Board approval of Amendment #1
to the contract with CDOT to procure CNG vehicles through the FY17 UFR CMAQ Program.
I will be available to answer questions at the meeting.
2018-4092
PO 4 / SRM #: 491001530 / 18-HTD-ZL-00060
Routing #: 18-HTD-ZL-00060-M0002
GRANT AMENDMENT
Amendment #:
Original Grant
CLIN/CMS #:
Original SAP -PO#:
491001530
Amendment Routing #:
18-HTD-ZL-00060-M0002
Amendment
Routing PO #:
1
18-HTD-ZL-00060-M0002
491001530
1) PARTIES
This Amendment to the above -referenced original Contract, (hereinafter called the "Grant"), is entered into by
and between WELD COUNTY (hereinafter called "Grantee"), and the STATE OF COLORADO (hereinafter
called the "State"), acting by and through the Department of Transportation, (hereinafter called "CDOT").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse
Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound
by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The parties entered into a contract on September 29, 2017, for CMAQ Program funds. The purpose for this
amendment is to extend the grant, as described in Section 6 of this amendment. The Parties now desire to do
the following:
i. Delete in its entirety and replace Section 5(A.) to extend end date of grant.
ii. Delete in its entirety and replace Section 6(A.) to change completion date of grant.
4) CONSIDERATION -COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable
consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the
Colorado Special Provisions with the most recent version (if such have been updated since the Grant and any
modification thereto were effective) as part consideration for this Amendment. If applicable, such Special
Provisions are attached hereto and incorporated by reference herein.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Grant, and the Grant and all prior amendments thereto, if
any, remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS
a) Paragraph 5.A is hereby deleted in its entirety and replaced with the following language:
A. Initial Term -Work Commencement
The Parties respective performances under this Grant shall commence on September 29, 2017. This Grant shall
terminate on December 31, 2019, unless sooner terminated or further extended as specified elsewhere herein.
b) Paragraph 6.A is hereby deleted in its entirety and replaced with the following language:
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or before
December 31, 2019. The State shall not be liable to compensate Grantee for any Work performed prior to the
Effective Date or after the termination of this Grant.
7) START DATE
This Amendment shall take effect on the Effective Date.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between
the provisions of this Amendment and any of the provisions of the Grant, the provisions of this Amendment shall
in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into
the Grant or any amendment shall always control other provisions in the Grant or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, or otherwise made available.
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PO # / SRM #: 491001530 / 18-HTD-ZL-00060
Routing #: 18-HTD-ZL-00060-M0002
THE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT
* Persons signing for The Grantee hereby swear and affirm that they are authorized to act on The Grantee's behalf
and acknowledge that tie State is relying on their representations to that effect
Grantee
WELD COUNTY
By_ Barbara Kirkmeyer, , Pro—Tem
Title: Board of Weld County Commissione
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Michael P. Lewis, Executive Director
:'s
By A9 -4(W .]rilV11DID Dtr Orr
`
1P 1
Michael P. Lewis, CDOT Executive Director
:
Signature
DEC 17 2018
Date:
Signature*
Signatory avers to the State Controller or delegate that,
except as specified herein, Grantee has not begun
performance or that a Statutory Violation waiver has
been requested under Fiscal Rules
Date: e[X/ DC.Ceivibef 4 -O/C
2nd The Planning Agency Signature if Needed
By:
(print name)
Title:
(print title)
Signature
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS &24-30-202 requires the State Controller to approve all State Grants. This Agreement is not valid until signed and
dated below by the State Controller or delegate. The Grantee is not authorized to begin performance until such time. If.
The Grantee begins performing prior thereto, the State of Colorado is not obligated to pay The Grantee for such
performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
RoberTaros PA4 BA, JD
Department of Transportation
m/AA//a)
Date:
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