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Home My WebLink About20153012 RESOLUTION RE: APPROVE CONTRACT AMENDMENT#1 FOR THE 2015 OIL AND GAS HAUL ROUTE 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 Contract Amendment#1 for the 2015 Oil and Gas Haul Route 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 Contract Amendment #1 for the 2015 Oil and Gas Haul Route 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 16th day of September, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO ATTEST: da^ 1 � jel&,;4 e% -/� Barbara Kirkmey r, Chair Weld County Clerk to the Board (20Mike Freeman, Pro-Tern BY: ris�t. 11 � e uty Clerk to the Bo rd � °�� s .t� • ,_ P. Conwafit. APPR AS -FORM: ` %,A,.- ��I�,l r. 71": J Q- . Cozad /r ttorneY ``...a.r+'~ > „'`z (O9 Steve Moreno Date of signature: --P1•412 fC) icy/9 2015-3012 EG0072 OFFICE OF BOARD OF COMMISSIONERS 1861 PHONE: 970-336-7204 tl ' , FAX: 970-336-7233 la se 1150 O STREET �% P.O. BOX 758 C O U N T Y GREELEY, COLORADO 80632 August 12, 2015 Colorado Department of Local Affairs Don Sandoval,Regional Manager 150 E. 29th St., Ste. 215 Loveland,CO 80538 Re: Contract Amendment Request-EIAF 7602 Dear Mr. ndoval: Bids were opened on July 30,2015 for the full depth reconstruction of contracted construction of CR 32(CR 31 to CR 39) and CR39 (CR 28 to CR 38) Haul Roads Project, which included 4 miles of WCR 32 and 5 miles of WCR 39. Three bids were received ranging from$6,391,023.20 to$8,421,637.06. This amount exceeds the budget included in contract EIAF 7602;therefore, Weld County requests modifying the project scope of work and budget in order to complete the nine mile project as originally awarded. Weld County requests modifying the scope of work to continue contracting WCR 39 and rather than contracting WCR 32, allow county crews to complete WCR 32. Therefore,the budget amendment would be as follows: Current Project Budget: oidioona .To Cost Grant Fungi. other Funds of e Construction/Improvements of Public Roadways $5,742,060 $2,000,000 $3,742,060 Grantee Total $5,742,060 $2,000,000 $3,742,060 Requested Project Budget: d L�r #e is Cost Grant Fuck Other Funds ,1 COO* her . -_,t ..`$i�1 i ce vat' ",?:- Construction/Improvements of Public Roadways $3,724,944.30 $1,500,000 $2,224,944.30 Grantee Equipment,Vehicles or Materials Acquisition $1,076,000 $500,000 $576,000 Grantee Total $4,800,944.30 $2,000,000 $2,800,944.30 If you have any questions regarding this matter,please contact Elizabeth Relford,Transportation Manager,at (970)304-6497 ext. 3748. Sincerely, BOARD OF COUNTY COMMISSIONERS 2015-3012 arbara Kirkmeyer,Chair A DOLA COLORADO CO Department of Local Affairs Didi4'cr.qr 1.x it'acroE.-;,ierrt September 10, 2015 Barbara Kirkmeyer, Chair Board of County Commissioners Weld County P. O. Box 758 Greeley, Colorado 80550 RE: EIAF 7602 Weld County 2015 Oil Et Gas Haul Route, Contract Amendment#1 Dear Commissioner Kirkmeyer: Attached is Contract Amendment#1 for the above-referenced Energy Impact Assistance Fund 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 Governor John W. Hickenlooper I Iry Halter, Executive Director I Chantal Unfug, Division Director �� o 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 ``187h, RETURN ROUTING MEMORANDUM TO: Hannah Cichocki THROUGH: Barbara Connolly, Controller, Weld County FROM: Beth Lipscomb DATE: September 10, 2015 RE: Contract Amendment Approvals FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED): RE: EIAF 7602 Weld County 2015 Oil Er Gas Haul Route CA#1 Contractor's Federal l.D.#on file with Accounting Form sent to Contractor to complete Don Sandoval, DOLA Regional Manager of corr. 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 #, x876 EIAF 7602—Weld County 2015 Oil &Gas Haul Route CONTRACT AMENDMENT Amendment#: 1 Encumbrance #: F15S7602 Original Contract CMS or CLIN #: 76683 Amendment CMS #: 83702 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 the reconstruction of nine (9) miles of roadway in Weld County including four(4) miles of Weld County Road (WCR) 32 and five (5) miles of WCR 39. Grantee reports that only three (3) bids were submitted on this Project. The amounts of the bids ranged from $650,000 to $2.6 million over the current total grant contract project cost. Grantee is requesting that the scope of the project be modified to facilitate completion of the full nine (9) miles by continuing with contracting out the WCR 39 Work and allowing county crews to complete the WCR 32 Work. Grantee will use Grant Funds to purchase the materials necessary to reconstruct WCR 32 and its crew will provide the labor necessary to reconstruct the road. No new Grant Funds have been requested. Grantee requests that the Work Description be revised to reflect the change in how the Work will be accomplished, and that the Project Budget be revised to reflect the resulting change in budget lines. This Amendment revises the Work Description and 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, Section 2, Description of the Project(s) and Work Subsection 2.2,Work Description is modified by deleting the current subsection in its entirety: "Weld County(Grantee)will contract for the reconstruction of approximately nine(9) miles of roadway in Weld County with cement treated base and asphalt surface. The roads to be reconstructed include four(4)miles of Weld County Road(WCR)32 between WCR 31 and 39 as well as five(5) miles of WCR 39 between WCR 28 and 38. Engineering has been completed by the Grantee. The Grantee will own all improvements to the roads and, in accordance with §9 below, a contractor will be hired to complete the Work." Page 1 of 4 Effective Date: 1/6/09-Rev 5/4/10 EIAF 7602—Weld County 2015 Oil &Gas Haul Route and inserting the following in lieu thereof: "Weld County(Grantee) will contract for the reconstruction of approximately five(5)miles of Weld County Road(WCR)39, between WCR 28 and 38, with cement treated base and asphalt surface. Grantee itself will reconstruct four(4)miles of WCR 32, between WCR 31 and 39, only using Grant Funds to purchase the reconstruction materials. Engineering has been completed. Grantee will own all improvements to the roads and, in accordance with §9 below, a contractor will be hired to complete the Work on WCR 39." b. Exhibit B, Section 2, Description of the Project(s) and Work Subsection 2.5, Eligible Expenses is modified by deleting the current subsection in its entirety: "Eligible expenses shall include: costs for the reconstruction of the roads listed above including, but not limited to, installation and purchase of road base, paving material, culverts, and striping. Grantee will be solely responsible for all expenses above and beyond the EIAF grant award." and inserting the following in lieu thereof: "Eligible expenses shall include: costs for the reconstruction of the roads listed above including, but not limited to, installation and purchase of road base, paving material, culverts,and striping. Grantee will be solely responsible for labor and installation costs for the Work on WCR 39 as well as any and all Project expenses above and beyond the EIAF grant award." c. 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 Matching Matching Funds Funds Source Construction/Improvement $5,742,060 $2,000,000 $3,742,060 Grantee of Public Roadways Total $5,742,060 $2,000,000 $3,742,060" and inserting the following in lieu thereof: "Budget Line Item(s) Total Cost Grant Funds Matching Matching Funds Funds Source Construction/Improvement $3,724,944 $1,500,000 $2,224,944 Grantee of Public Roadways Equipment, Vehicles or $1,076,000 $500,000 $576,000 Grantee Materials Acquisition Total $4,800,944 $2,000,000 $2,800,944" 7) ADDITIONS The Contract and all prior amendments thereto, if any, are modified by the following additions: a. Exhibit B, Section 2, Description of the Project(s) and Work Subsection 2.2,Work Description is modified by adding the following new subsection: "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." Page 2 of 4 Effective Date: 1/6/09-Rev 5/4/10 EIAF 7602—Weld County 2015 Oil &Gas Haul Route b. Exhibit B, Section 3, Definitions Subsection 3.3, Project Budget Line Items is modified by adding the following new subsection: "3.3.2 "Equipment, Vehicles or Materials Acquisition" means vehicles, equipment and materials costs, freight costs, RFP/Bid advertisement costs, hardware, software and training costs, installation costs, and attorney's fees." 8) START DATE This Amendment shall take effect on the later of its Effective Date or September 15, 2015. 9) 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. 10) 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 3 of 4 Effective Date: 1/6/09-Rev 5/4/10 ,• t EIAF 7602 —Weld County 2015 Oil & Gas Haul Route 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 DEPART ENT OCALAFFAIRS By: Barbara Kirkmeyer ) Name of Authorized Individual By: Title: Chair, Board of Weld County Commissioners Iry Hat r, Executive Director Official Title of Authorized Individual / Date: ) Signature PRE-APPRO ED FORM CONTRACT REVIEWER Date: SEP 1 6 2015 By. Bret Hil erry, State Gra s Program Manager Date: 9/2-2-S 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: / (//(//0— /(//0— Page 4 of 4 Effective Date: 1/6/09-Rev 5/4/10 RE: CONTRACT AMENDMENT REQUEST - EIAF 7602 ATTEST: daltivt) v• '€1 BOARD OF COUNTY COMMISSIONERS Weld C•l nt Clerk to the Beard WELD COUNTY, CO RADO BY: / •--i Deputy CIS rk to the B�f; tA,a'Barbara Kirkmeyer Chair SEP 1 6 2015 �t�� , " a APPROVED AS TO FUNDI � ;1 -,Q:_=�� PROVED AS O S\ STANCE: 1 l Controller 1 r '�, � I cial or Department Head APPROVED AS TO F M: Iv It ty Director of General Services County Attorney c,20/5: ,5o/020) Hello