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Home My WebLink About20160504.tiff RESOLUTION RE: APPROVE AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT 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 an Amendment to Community Development Block Grant Agreement 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 agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to Community Development Block Grant Agreement 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 agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD-��, COUNTY, COLORADO ATTEST:UN1� •a ( C,[LD;� / , 1.21,d, — Mike Freeman, Chair Weld County Clerk to the Board �� Sean P. Conway, Pro-Tem d's) D (dnnuty Clerk to the Boar E� i„,{1,,,,_,,,K/„JA_Ati,„,i rbara Kir meyer APP: . �� + i�-M: l�.r�>♦� C�L L � � ie A. ozad ounty Attorney c9// 7 Steve Moreno Date of signature: 2016-0504 �� Er-) � �� F10063 —.44,42§1e, MEMORANDUM 1 r,'I i (r, j ;{ ' - TO: Board of County Commissioners G ©UN TY DATE: February 3, 2016 FROM: Elizabeth Relford, Transportation Manager SUBJECT: Contract Amendment for CDBG 15-504— Wattenberg Water System Improvements It has come to Weld County's attention the design for the Wattenberg Water System Improvements has not been completed. Weld County was under the impression USDA was helping fund the design for these improvements, yet Wattenberg Improvement Association (WIA) did not receive the grant; therefore, no design funds are currently available. Therefore,the attached amendment is to modify the current CDBG 15-504 DOLA contract to allow for design in order to keep the project progressing. The tables below reflect the project scope of work and budget changes in order to complete the water system design and improvements: Current Project Budget: -00R1 it'53V Architectural/Engineering Services—non-design $30,000 $30,000 $0 No match Building or Facility Construction $217,900 $217,900 $0 No match Construction/Improvements of Public Roadways $400,600 $400,600 $0 No match Total $648,500 $648,500 $0 Contract Amendment Budget: 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 Staff recommends authorization of the contract amendment. I am available to answer any questions you may have. A DOLA COLORADO CO Department of Local Affairs Division of Local Government January 29, 2016 Barbara Kirkmeyer, Chair, Board of County Commissioners Weld County 1150 O Street Greeley, Colorado 80631 RE: CDBG 15-504 - Wattenberg Water System, Contract Amendment#1 Dear Commissioner Kirkmeyer: Attached is Contract Amendment#1 for the above-referenced Community Development Block Grant project. If the amendment is satisfactory as written, please print and execute three (3)originals of the amendment, signed and dated by an authorized signator(original signatures only; no photocopies, stamped or e-signatures). Please note that an authorized signator is a County Chief.Elected Official, City/Town Mayor, or District Board President. If any other individual should sign this contract, you must provide a letter from the Chief Elected Official documenting the specific individual's delegated authority to sign. Please be sure that you return three (3)sets of the entire amendment and not just the signature page. An attesting signature and seal is not required. Please send these documents along with the return routing memo(see below)to: Department of Local Affairs ATTENTION: Hannah Cichocki 1313 Sherman Street, Room 521 Denver, CO 80203 If you have any questions, please call Don Sandoval at (970) 679-4501 or me at(303) 864-7731. Sincerely, Beth Lipscomb Contracts Specialist Department of Local Affairs Enclosures Cc: Don Sandoval, DOLA Regional Manager oF'iota Governor John W. Hickenlooper I Iry Halter, Executive Director I Chantal Unfug, Division Director tr 1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov I * * /*/ Strengthening Colorado Communities �. RETURN ROUTING MEMORANDUM TO: Hannah Cichocki THROUGH: Donald Warren, Director of Finance It Administration, Weld County FROM: Beth Lipscomb DATE: January 29, 2016 RE: Contract Amendment Approvals FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED): RE: CDBG 15-504 - Wattenberg Water System CA#1 J Contractor's Federal I.D.#on file with Accounting Form sent to Contractor to complete Don Sandoval, DOLA Regional Manager OF'Coto\ /..(0 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 *tio40, * Strengthening Colorado Communities *'1876* Esther Gesick From: Don Warden Sent: Friday, January 29, 2016 12:10 PM To: Elizabeth Relford Cc: Esther Gesick Subject: FW: CDBG 15-504 -Wattenberg Water System CONTRACT AMENDMENT#1 Attachments: 15-504 CA#1 Email Memo CDBG CA 10-16-14.pdf; 15-504 CA#1.pdf Attached is the contract amendment for Wattenberg CDBG budget.That was fast! Via this email I will send it to Esther and ask her to put it on Wednesday's agenda. Will you attend the meeting and handle it?Also, will you see that it is sent back to the state as soon as possible when it is signed . Thanks so, much and have a great weekend! Sounds like more snow is on the way. Esther will you email me and confirm that you got this and it will be on Wednesday's agenda.Thanks! Donald D. Warden Director of Finance and Administration Finance and Administration PO Box 758 1150 O Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email:dwarden@co.weld.co.us *i 1)r- I, ,' T ' 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 4 contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lipscomb - DOLA, Beth [mailto:beth.lipscomb@state.co.us] Sent: Friday, January 29, 2016 12:04 PM To: Barbara Kirkmeyer<bkirkmeyer@co.weld.co.us>; Don Warden <dwarden@co.weld.co.us>; Don Sandoval - DOLA <don.sandoval@state.co.us>; Robert Thompson - DOLA<robert.thompson@state.co.us>; Hannah Cichocki- DOLA <hannah.cichocki@state.co.us> Cc: Brenda Lujan - DOLA<brenda.lujan@state.co.us>;John Murphy- DOLA<john.murphy@state.co.us> Subject: CDBG 15-504-Wattenberg Water System CONTRACT AMENDMENT#1 Attached are Contract Amendment #1 and the return routing memo required for CDBG 15-504 - Wattenberg Water System project. Please send me a Reply that you received this and were able to download and print the information without problems. Thank you, 1 _ T _ Beth Beth Lipscomb Internal Services Manager Financial Assistance Section P 303.864.7731 I F 303.864.7759 1313 Sherman Street, Room 521, Denver, CO 80203 beth.lipscomb@state.co.us I www.dola.colorado.gov Under the Colorado Open Records Act(CORA), all messages sent by or to me on this state-owned e-mail account may be subject to public disclosure. 2 CDBG 15-504—Wattenberg Water System GRANT AMENDMENT Amendment#: 1 Encumbrance#: F16CDB15504 Original Contract CMS #: 83978 Amendment CMS #: 87530 1) PARTIES This Amendment to the above-referenced Original Grant Agreement(hereinafter called the "Contract") is entered into by and between WELD COUNTY, Colorado (hereinafter called "Grantee" or"Contractor"), and the STATE OF COLORADO (hereinafter called the"State") acting by and through the Colorado Department of Local Affairs (the"Department")for the benefit of the Division of Local Government("DLG"). 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 to construct a water tank, water lines, and a water treatment building for the Wattenberg community in Weld County. Grantee requests that the Project Budget be modified to add design costs as an Eligible Expense that can be reimbursed from the Architectural/Engineering Services budget line. The Parties agree that an amendment is necessary to document these changes. This amendment modifies the Project Budget 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. Exhibit B, Scope of Project, Section 2, Description of the Project(s) and Work Section 2.5, Eligible Expenses is modified by deleting the subsection in its entirety: "Eligible expenses shall include: costs associated with the construction of the water tank,water treatment system,building,and water lines. The Wattenberg Improvement Association and Grantee will be responsible for all design costs." and inserting the following budget table in lieu thereof: "Eligible expenses shall include: costs associated with the design and construction of the water tank, water treatment system,building,and water lines." 2016-0504 Page 1 of 3 Effective Date:1/6/09-Rev 5/4/10 CDBG 15-504—Wattenberg Water System b. Exhibit B, Scope of Project, Section 5, Funding Section 5.2, Project Budget, is modified by deleting the current budget table in its entirety: Architectural/Engineering $30,000 $30,000 $0 No Match Services—non-desi Building or Facility $217,900 $217,900 $0 No Match Construction Construction/Improvement $400,600 $400,600 $0 No Match of Public Utilities Total $648,500 $648,500 $0" and inserting the following budget table in lieu thereof: tf, zr _ash _ tr r .. .. ... .. Architectural/Engineering $88,200 $88,200 $0 No Match Services Building or Facility $250,400 $250,400 $0 No Match Construction Construction/Improvement $309,900 $309,900 $0 No Match of Public Utilities Total $648,500 $648,500 $0" 7) START DATE This Amendment shall take effect on the later of its Effective Date or February 15, 2016. 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 2 of 3 Effective Date:1/6/09-Rev 5/4/10 C0BG 15-504—Wattenberg Water System 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 STATE OF COLORADO WELD COUNTY John W. Hickenlooper, GOVERNOR Department of Local Affairs By: 11 ` RLdlatz.-- *Signature Name: Mike Freeman By: Printed Inv H I r, cutive Director Title: Chair, Board of Weld (o County Commidssioners �- Date FEB 0 3 2016 PRE-APPROVED FORM CONTRACT REVIEWER Date By:Raehet4 [ � -Schalk, Director-ef-Rwmti-at-AgreTance— z Date 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_ STATE CONTROLLER Robert Jaros, CPA By: / Janet Miks, CPA, Controller Delegate Date: 02-1 I t(( tg Page 3 of 3 Effective Date: 1/6/09-Rev 5/4/10 02x/4, - � ��/ RE: CDBG GRANT CONTRACT AMENDMENT#1 -WATTENBERG WATER SYSTEM APP OVED ST SU:STANCE: Elected Official or Department Head APPROVED AS F NDING: Oa44etaet Controller APP ED A O FO : County Attorney Hello