HomeMy WebLinkAbout20170726.tiffRESOLUTION
RE: APPROVE AMENDMENT #2 TO COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT FOR WATTENBERG WATER SYSTEM PROJECT 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 #2 to the Community
Development Block Grant Contract for Wattenberg Water System Project between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and the Colorado Department of Local Affairs,
commencing upon the full execution of signatures, 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 #2 to the Community Development Block Grant Contract for
Wattenberg Water System Project between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Colorado Department of Local Affairs, be, and hereby is, approved.
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 13th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUIy,TY, COLORAJ O
ATTEST: djtAsis) jell;; -
Weld County Clerk to the Board
BY:
uty Clerk to the Board
APPROVE ' AS T
County Attorney
Date of signature: Li (.1 (1
Julie A. Cozad, Chair
Steve Moreno, Pro -Tern
Sean P. Conway
it l
Alike Freeman
rbara Kirkmeyer
CC p(A)CCR),c-rcBc)
(--1 1 —I / I 'l
2017-0726
FI0064
Confr'nc+ ZQ 1078'
MEMORANDUM
TO: Board of County Commissioners
DATE: March 7, 2017
FROM: Elizabeth Relford, Transportation Manager
SUBJECT: Contract Amendment #2 for CDBG 15-504 —
Wattenberg Water System Improvements
Public Works has been working diligently on the Wattenberg Water Systems Improvements grant in spite of all
the unforeseen project complications. Public Works has been extremely disappointed with the project's design
engineer. Besides nickel and diming the county, we have discovered their on -site piping design was based on
as -built drawings without doing any on -site field verification. As a result, we have encountered significant
underground piping inconsistencies with the design. The costs we are having to pay for these types of errors
and omissions is more than $13,400. In addition, we already had to modify the scope of work to include design
in contract amendment #1. DOLA is aware of our budgetary issues on this project and to assist us they are
offering $3,800 savings from another project to be allocated to this project. In addition, this project has a very
short construction schedule, which has been predominately over the winter, and we've experienced many
freezing weather delays. Therefore, this contract amendment also includes a deadline extension request from
March 31, 2017 to September 30, 2017. Staff feels confident this project will be completed well in advance of
the September 30th deadline.
The following table reflects the budget changes identified in the attached contract amendment.
Current Project Budget:
Requ
Budget Line Items
Total Cost
Grant Funds
Other Funds
Other Fund Source
Architectural/Engineering
Services
$88,200
$88,200
$0
No match
Building or Facility
Construction
$250,400
$250,400
$0
No match
Construction/Improvements
of Public Roadways
$309,900
$309,900
$0
No match
Total
$648,500
$648,500
$0
Budget Line Items
Total Cost
Grant Funds
Other Funds
Other Fund
Source
Architectural/Engineering
Services
$88,200
$88,200
$0
No match
Building or Facility
Construction
$250,400
$250,400
$0
No match
Construction/Improvements
of Public Roadways
$313,700
$313,700
$0
No match
Total
$652,300
$652,300
SO
Staff recommends authorization of the contract amendment. I am available to answer any questions you may
have.
2017-0726
COLORADO
Department of Local Affairs
Division of Local Government
March 1,2017
Barbara Kirkmeyer, Chair, Board of County Commissioners
Weld County
1150 0 Street
Greeley, Colorado 80631
RE: CDBG 15-504 - Wattenberg Water System, Contract Amendment #2
Dear Commissioner Kirkmeyer:
Attached is Contract Amendment #2 for the above -referenced Community Development Block Grant project. If the
amendment is satisfactory as written, please print and sign the amendment (original signatures only; no
photocopies, stamped or e -signatures).
The second page of this letter is a Return Routing Memorandum that includes a Grantee Checklist. Please use this
document to facilitate the return of your contract amendment. Using the Checklist will ensure that your contract
amendment has been signed by the appropriate person, that you have enclosed the correct number of documents
for return to the State, that you have correctly addressed your return packet, and that you have notified us that
your documents are on their way back to us.
If you would like your copy of the fully executed contract amendment to contain original signatures, please make
sure you sign and return two (2) contract amendments to us. If a photocopy of the originally signed fully executed
contract amendment is acceptable to you, then you need only sign and return one (1) contract amendment to us.
The State Controller requires hard copies and original signatures for contract amendment execution. We cannot
complete the execution of your contract amendment without these. Until your contract amendment is fully
executed (signed by all Parties), the changes contained in the amendment are not in effect.
If you have any questions about this contract amendment or the contract amendment execution process, please
contact your Regional Manager, Don Sandoval, (970) 679-4501, (don.sandoval®state.co.us) or me at (303) 864-
7731.
Sincerely,
Beth Lipscomb
Internal Services Manager
Department of Local Affairs
Enclosures
Governor John W. Hickenlooper I Iry Halter, Executive Director I Chantat Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 301864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
RETURN ROUTING MEMORANDUM
TO: Beth Lipscomb
THROUGH: Donald Warren, Director of Finance £t Administration, Weld County
FROM: Beth Lipscomb
DATE: March 1, 2017
RE: Contract Amendment Approvals
FOR FINAL APPROVAL ROUTING:
RE: CDBG 15-504 - Wattenberg Water System CA/#2
GRANTEE CHECKLIST:
the Contract Amendment is signed by an authorized signator (original signatures only; no
photocopies, stamped or e -signatures)
signed by County Chief Elected Official, City/Town Mayor, or District Board
President/Chair
signed by Other
documentation of authority to sign is enclosed
the correct number of originals are attached
one (1) signed original for the State (required)
one (1) signed original for return to the Grantee (optional, at your discretion)
documents being sent back to the State must be addressed to:
Department of Local Affairs
ATTENTION: Beth Lipscomb
1313 Sherman Street, Room 521
Denver, CO 80203
you have sent an email to the State (beth.lipscomb@state.co.us) indicating the date the hard copy
will be/has been posted for return to State
Governor John W. Hickenlooper I Iry Halter, Executive Director I Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
•coto
CDBG 15-504 - Wattenberg Water System
CONTRACT AMENDMENT
Amendment #: 2
Encumbrance #: F16CDB15504
Original Contract CMS or CLIN #: 83978,
87530
Amendment CMS #: 97806
1) PARTIES
This Amendment to the above -referenced Original Contract (hereinafter called the Contract) is
entered into by and between WELD COUNTY (hereinafter called "Grantee" or "Contractor"), and the
STATE OF COLORADO (hereinafter called the "State") acting by and through the Department of
Local Affairs, Division of Local Governments, (hereinafter called the "DOLA").
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 the Contract for constructing a water tank, water lines, and a water treatment
building for the Wattenberq community in Weld County. Grantee reported that they encountered
unforeseen additions in Project costs, and requested additional State grant funds in the amount of
$3,800 to cover the additional costs. This request was approved in February 2017 as a Supplement
to the original grant award. In addition, Grantee has experienced design and engineering changes as
well as numerous weather delays and requests additional time within which to properly complete the
Project. This Amendment modifies the Project Budget to reflect the award of additional supplemental
funding, and extends the time of performance as requested.
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 Contract and any modification thereto were effective) as part consideration for this
Amendment.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments thereto, if any, remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
a. Grant Agreement, Cover Page, Award Amount is modified by deleting the current amount:
"Award Amount: $648,500.00"
and inserting the following in lieu thereof:
"Award Amount: $652,300.00"
Page 1 of 7
Effective Date: 1/6/09 -Rev 5/4/10
CDBG 15-504 - Wattenberg Water System
b. Grant Agreement, Cover Page, Project Information is modified by deleting the Performance Period:
End Date:
"Performance Period:
End Date: 03/31/17"
and inserting the following in lieu thereof:
"Performance Period:
End Date: 09/30/17"
c. Grant Agreement, Section 5, Term
Subsection A, Initial Term -Work Commencement is modified by deleting the subsection:
"Unless otherwise permitted in §2 above, the Parties' respective performances under this Grant shall
commence on the Effective Date. This Grant shall terminate on March 31, 2017 unless sooner
terminated or further extended as specified elsewhere herein."
and inserting the following in lieu thereof:
"Unless otherwise permitted in §2 above, the Parties' respective performances under this Grant shall
commence on the Effective Date. This Grant shall terminate on September 30, 2017 unless sooner
terminated or further extended as specified elsewhere herein."
d. Grant Agreement, Section 7, Payments to Grantee
Section 7.A, Maximum Amount is modified by deleting the current language in its entirety:
"The maximum amount payable under this Grant to Grantee by the State is $648,500.00 (SIX
HUNDRED FORTY EIGHT THOUSAND FIVE HUNDRED and XX/100 DOLLARS), as
determined by the State from available funds. Grantee agrees to provide any additional funds required
for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated
balance of the Grant as set forth in Exhibit B."
and inserting the following in lieu thereof:
"The maximum amount payable under this Grant to Grantee by the State is $652,300.00 (SIX
HUNDRED FIFTY TWO THOUSAND THREE HUNDRED and XX/100 DOLLARS), as
determined by the State from available funds. Grantee agrees to provide any additional funds required
for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated
balance of the Grant as set forth in Exhibit B."
e. Exhibit B, Section 6, Funding
Subsection 6.2, Budget is modified by deleting the current subsection in its entirety:
"Budget Line Item(s)
Total Cost
Grant Funds
Other Funds
Other Funds
Source
Architectural/Engineering
Services
$88,200
$88,200
$0
No Match
Building or Facility
Construction
$250,400
$250,400
$0
No Match
Construction/Improvement
of Public Utilities
$309,900
$309,900
$0
No Match
Total
$648,500
$648,500
$0"
Page 2 of 7
Effective Date: 1/6/09 -Rev 5/4/10 I
CDBG 15-504 - Wattenberg Water System
and inserting the following in lieu thereof:
"Budget Line Item(s)
Total Cost
Grant Funds
Other Funds
Other Funds
Source
Architectural/Engineering
Services
$88,200
$88,200
$0
No Match
Building or Facility
Construction
$250,400
$250,400
$0
No Match
Construction/Improvement
of Public Utilities
$313,700
$313,700
$0
No Match
Total
$652,300
$652,300
$0"
f. Exhibit B, Section 7, Payment
Subsection 7.1, Payment Schedule is modified by deleting the Payment Schedule Table:
"Payment
Amount
Interim Payment(s)
$616,075
Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment
$32,425
Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total
$648,500"
and inserting the following in lieu thereof:
"Payment
Amount
Interim Payment(s)
$619,685
Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment
$32,615
Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total
$652,300"
g. Exhibit E, Project Performance Plan is modified by deleting the Seventh Milestone:
"Project Completion.
March 31, 2017
Review past quarterly reports, conduct on -
site monitoring, and review final report.
ACHIEVED:
MM/DD/20YY"
and inserting the following in lieu thereof:
"Project Completion.
September 30, 2017
Review past quarterly reports, conduct on -
site monitoring, and review final report.
ACHIEVED:
MM/DD/20YY"
Page 3 of 7
Effective Date: 1/6/09 -Rev 5/4/10
CDBG 15-504 - Wattenberg Water System
h. Exhibit E, Project Performance Plan is modified by deleting the Eighth Milestone:
"Submit quarterly progress reports,
(30 calendar days after each
Review documents
which includes: Project Performance Plan
quarter):
and provide follow up
ACHIEVED:
accomplishments and a Financial
Summary Report for
41h Quarter 2015
January 30, 2016
technical assistance
as necessary.
If needed, respond to
MM/DD/20YY
ACHIEVED:
MM/DD/20YY
1st Quarter 2016
2nd Quarter 2016
April 30, 2016
July 30, 2016
a request for training
within 10 days.
ACHIEVED:
3rd Quarter 2016
41hQuarter 2016
October 30, 2016
January 30, 2017
MM/DD/20YY
15{ Quarter 2017
April 30, 2017
ACHIEVED:
MM/DD/20YY"
Progress shall be evaluated by the
Grantee and documented and included at
least upon submittal of Quarterly
Progress Reports.
Such evaluation may consist of any/all of
the following monitoring methods:
a) on -site walk through inspections of
new Wattenberg water system in order to
determine if:
i) the contractor has constructed and/or
procured and installed a percentage of
the new tank, water lines, and water
treatment building as would be expected
under this Grant and Exhibit B (including,
but not limited to, site prep, construction
of tank, installation of water lines, building
construction, and debris removal);
ii) the contractor is experiencing delays;
iii) the water system construction is
progressing in a timely and adequate
manner as would be expected under this
Grant and Exhibit B (including, but not
limited to. obtaining required approvals,
use of approved materials, and testing of
all elements);
and b) question and answer sessions
with the contractor to confirm
understanding by all parties as to the
nature of the Work and how far along it
should be dependent upon the Quarter
under review.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 4 of 7
Effective Date: 1/6/09 -Rev 5/4/10
CDBG 15-504 - Wattenberg Water System
and inserting the following in lieu thereof:
"Submit quarterly progress reports,
which includes: Project Performance Plan
accomplishments and a Financial
Summary Report for:
4th Quarter 2015
(30 calendar days after each
quarter):
January 30, 2016
Review documents
and provide follow up
technical assistance
as necessary.
If needed, respond to
a request for training
within 10 days.
ACHIEVED:
MM/DD/20YY
ACHIEVED:
MM/DD/20YY
15t Quarter 2016
2nd Quarter 2016
3rd Quarter 2016
4th Quarter 2016
April 30, 2016
July 30, 2016
October 30, 2016
January 30, 2017
ACHIEVED:
MM/DD/20YY
ACHIEVED:
1st Quarter 2017
April 30, 2017
2dd Quarter 2017
July 30, 2017
MM/DD/20YY"
3rd Quarter 2017
October 30, 2017
Progress shall be evaluated by the
Grantee and documented and included at
least upon submittal of Quarterly
Progress Reports.
Such evaluation may consist of any/all of
the following monitoring methods:
a) on -site walk through inspections of
new Wattenberg water system in order to
determine if:
i) the Contractor has constructed and/or
procured and installed a percentage of
the new tank, water lines, and water
treatment building as would be expected
under this Grant and Exhibit B (including,
but not limited to, site prep, construction
of tank, installation of water lines, building
construction, and debris removal);
ii) the Contractor is experiencing delays;
iii) the water system construction is
progressing in a timely and adequate
manner as would be expected under this
Grant and Exhibit B (including, but not
limited to, obtaining required approvals,
use of approved materials, and testing of
all elements);
and b) question and answer sessions
with the Contractor to confirm
understanding by all parties as to the
nature of the Work and how far along it
should be dependent upon the Quarter
under review.
i. Exhibit E, Project Performance Plan is modified by deleting the Ninth Milestone:
"Submit, at a minimum quarterly
January 30, 2016
Review backup documentation and
basis, pay requests and
April 30, 2016
proof of payment prior to approving
ACHIEVED:
supporting documentation of
July 30, 2016
pay request. Reimbursement should
MM/DD/20YY"
expenses.
October 30, 2016
not exceed pro rata share.
January 30, 2017
April 30, 2017
Page 5of7
Effective Date: 1/6/09 -Rev 5/4/10
CDBG 15-504 - Wattenberg Water System
and inserting the following in lieu thereof:
"Submit, at a minimum quarterly
basis, pay requests and
supporting documentation of
January 30, 2016
Review backup documentation and
proof of payment prior to approving
pay request. Reimbursement should
ACHIEVED:
MM/DD/20YY"
April 30, 2016
July 30, 2016
expenses.
October 30, 2016
not exceed pro rata share.
January 30, 2017
April 30, 2017
July 30, 2017
October 30, 2017
j. Exhibit E, Project Performance Plan is modified by deleting the Tenth Milestone:
"Submit the Project Final Report
to DLG within 90 days after the
Project Completion or expiration of
July 29, 2017
Provide forms to Grantee within 30
days of completion of work or end of
the Grant Agreement. Process the
ACHIEVED:
MM/DD/20YY"
Grant Agreement.
Final Report and deobligate any
remaining grant funds within 30 days
of receiving a complete Final report.
and inserting the following in lieu thereof:
"Submit the Project Final Report
to DOLA within 90 days after the
Project Completion or expiration of
December 29, 2017
Provide forms to Grantee within 30
days of completion of work or end of
the Grant Agreement. Process the
ACHIEVED:
MM/DD/20YY"
Grant Agreement.
Final Report and deobligate any
remaining grant funds within 30 days
of receiving a complete Final report.
7) START DATE
This Amendment shall take effect on the later of its Effective Date or March 15, 2017.
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 Contract, the provisions of
this Amendment shall in all respects supersede, govern, and control. The most recent version of the
Special Provisions incorporated into the Contract or any amendment shall always control other
provisions in the Contract 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.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 6 of 7
Effective Date. 1/6/09 -Rev 5/4/10
CDBG 15-504 - Wattenberg Water System
CMS# 97806
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's
behalf and acknowledge that the State is relying on their representations to that effect.
CONTRACTOR
WELD COUNTY
By: Julie A. Cozad
Name of Authorized Individual
Chair, Board of Weld County
Title: Commissioners
Official Title of Authorized Individual
Date: MAR 13 2017
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By: 6--J 1
Iry Halter, Execu ive Director
Date: YaiDA
PRE-ARPROVE F R M� CONTRACT REVIEWER
By:
Date: 3/1 QV 1-"
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
Janet Miks, CPA, Controller Delegate
Date: 3/30) / 7
Page 7of7
Effective Date: 1/6/09 -Rev 5/4/10
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