HomeMy WebLinkAbout20143342 RESOLUTION
RE: APPROVE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT AMENDMENT #1 FOR COUNTY ROAD 49 EXTENSION 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 Energy and Mineral Impact
Assistance Program Grant Contract Amendment #1 for the County Road 49 Extension 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 Finance and Administration,
and the Colorado Department of Local Affairs, with 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 Energy and Mineral Impact Assistance Program Grant Contract
Amendment #1 for the County Road 49 Extension 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 Finance and Administration, 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 27th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: L� EXCUSED
-, Douglas Rademacher, hair
Weld County Clerk to the BoarElea /
�►:`' -t
•
iii lie
n•"�% �! bara Kirkmeyer, ro-Tem
BY.'� '•%�+�.^.`� �:
De Clerk to e Boar.��
can P. Conway
AP E FORM: �I a ► lee.--�
� Mike Fr
unty Attorney
Ilk/hit illia . Garcia
Date of signature:
ER- 2014-3342
CG: Ptti "/12 FI0058
O
, 49
October 8, 2014
Attached you will find your contract amendment for the Energy Impact Assistance Fund.
If the contract amendment is satisfactory as written, please send three signed copies
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 amendment, 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 sets of the entire amendment and not just the
signature page. An attesting signature and seal is not required.
Please send the three signed copies of the amendment, along with the return routing
memo (see below) to:
Department of Local Affairs
ATTENTION: Diane Von Dollen
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
2014-3342
EIAF 7107 —Weld County Road 49 Extension
CONTRACT AMENDMENT
Amendment #: 1 Encumbrance #: F14S7107
Original Contract CMS or CLIN #: 56478 Amendment CMS #: 73651
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 site preparation for the extension of a major energy impacted
county road — County Road 49 in Weld County. Colorado. The September 2013 flood caused
extensive damage in Weld County. As a result. non-emergency related projects had to be delayed so
county resources could attend to needed repairs. Non-emergency projects have since commenced
but are lagging behind due to these reasons. The Parties agree that an extension of time within which
to properly complete the Project is needed and appropriate. This amendment extends the time of
performance as requested. In addition, this amendment corrects the retainage consistent with State
statute and identifies a new Responsible Administrator for the Project.
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, Project Information is modified by deleting the Performance Period: End
Date:
-Performance Period: Start Date: End Date: 10/31,14"
and inserting the following in lieu thereof:
"Performance Period: Start Date: - End Date: 04/30/15"
Page 1 of 5
Effective Date •6/09-Rev 5411O
EIAF 7107—Weld County Road 49 Extension
b. 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 October 31, 2014 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 April 30, 2015 unless sooner terminated or
further extended as specified elsewhere herein.
c. Exhibit B, Section 5, Personnel
Subsection 5.2, Responsible Administrator is modified by deleting the First Sentence in its entirety
"Grantees performance hereunder shall be under the direct supervision of Monica Nlika, Director of
Finance& Administration (mmikataco.weld.co.us). an employee or agent of Grantee. who is hereby
designated as the responsible administrator of this Project. ..
and inserting the following in lieu thereof:
"Grantee's performance hereunder shall be under the direct supervision of Barbara Connolly, Weld
County Controller (bconuollv4fco.weld.co.us). an employee or agent of Grantee, who is hereby
designated as the responsible administrator of this Project
d. Exhibit B, Section 7, Payment
Subsection 7.1, Payment Schedule is modified by deleting the Payment table in its entirety.
"Payment Amount
Interim Payitent(s) %900,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment 5100.000 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion). pro\ided
that the Grantee has submitted. and DOLA has
accepted, all required reports.
Total '61,1100,000"
and inserting the following in lieu thereof:
"Payment Amount
Interim Pay ment(s) 5950,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
• reimbursement of eligible approved expenses.
Final Payment 550,000 j 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 51,000,000"
e. Exhibit E, Project Performance Plan is modified by deleting the Fourth Milestone.
'Project Completion. October 31. 2014 Review past quarterly reports, on-site ACHIEVED:
monitoring, and final report. MM/DD/20YY"
Page 2 of ti
. If ve Date t2109•P2v o 4 u1 I
EIAF 7107 —Weld County Road Extension
49 x n son
and inserting the following in lieu thereof:
•
"Project Completion. April 30, 2015 Review past quarterly reports, conduct on- ACHIEVED: 1
site monitoring, and review final report. MM/DD/20YY" I
f. Exhibit E, Project Performance Plan is modified by deleting the Fifth Milestone
i
I'Submit quarterly progress reports. which includes. Project (30 calendar days I Review
I Performance Plan accomplishments and a Financial Summary Report for after each quarter) :documents and '.ACHIEVED:
2"° Quarter 2013 i provide follow MM/DD120YY
3`° Quarter 2013 July 30. 2013 up technical I
4'° Quarter 2013 October 30, 2013 assistance as ACHIEVED:
11' Quarter 2014 January 30, 2014 necessary MM/DD/20YY
2o° Quarter 2014 April 30. 2014
3" Quarter 2014 July 30. 2014 I If needed. ACHIEVED: :
4" Quarter 2014 October 30. 2014 respond to a I MM/DD/20YY
Progress shall be evaluated by the Grantee and documented and January 30. 2015 i request for
included at least upon submittal of Quarterly Progress Reports. i training within '.ACHIEVED:
Sucn evaluation may consist of any/all of the following monitoring 110 days. I MM/DD/20YY" '
methods.
a) on-site walk through inspections of the road extension site in order to
determine if I
i) the contractor has prepped an adequate percentage of 1.2 mile I
site/roadway(including earthwork, drainage and irrigation culvert I
installations and ditch relocations) as would be expected under this
•
Grant. •
Ili)the contractor is experiencing delays, I
iii) the earthwork, drainage/culvert installations. and ditch relocations are
progressing in a timely and adequate manner as would be expected I
under this Grant,
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.
• and inserting the following in lieu thereof:
Submit quarterly progress reports. which includes. Project Performance (30 calendar days Review
Plan accomplishments and a Financial Summary Report for after each documents and ACHIEVED:
2n Quarter 2013 quarter). provide follow MM/DD/20YY
3' Quarter 2013 up technical
4t° Quarter 2013 July 30, 2013 assistance as I ACHIEVED:
11" Quarter 2014 October 30. 2013 (necessary I MM/DD/20YY
I 2'- Quarter 2014 1 January 30. 2014
1,3.' Quarter 2014 I April 30 2014 If needed. ACHIEVED:
4'- Quarter 2014 'July 30 2014 I respond to a MM/DD/20YY
Quarter 2015 :October 30 2014 reque
st i
21° Quarter 2015 January 30. 2015 training within I ACHIEVED:
Progress shall be evaluated by the Grantee and documented and included April 30, 2015 10 days. 'MM/DD/20YY"
at least upon submittal of Quarterly Progress Reports. July 29. 2015
Such evaluation may consist of any/all of the following monitoring methods. I
I a) on-site walk through inspections of the road extension site in order to i I '
'determine if
i; the contractor nas prepped an adequate percentage of 1.2 mile I •
site/roadway (including earthwork. drainage and irrigation culvert I
installations. and ditch relocations) as would be expected under this Grant:
d)the contractor is experiencing delays.
iii) the earthwork, drainage/culvert installations. and ditch relocations are
progressing in a timely and adequate manner as would be expected under i
this Grant. I
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
2 snou,d be dependent upon the Quaver under review
--- Page3of5
Effective Date 6/09-Rev 5,4 ih
r
EIAF 7107 —Weld County Road 49 Extension
g. Exhibit E, Project Performance Plan is modified by deleting the Sixth Milestone:
"Submit, at a minimum quarterly basis, July 30, 2013 i Review backup •
pay requests and supporting October 30, 2013 !documentation and proof of ACHIEVED:
documentation of expenses. January 30, 2014 payment prior to approving MM/DD/20YY"
April 30. 2014 pay request.
July 30, 2014 Reimbursement should not
October 30, 2014 exceed pro rata share. li
January 30, 2015
and inserting the following in lieu thereof:
"Submit, at a minimum quarterly basis. IJuly 30, 2013 Review backup
pay requests and supporting !October 30. 2013 documentation and proof of ACHIEVED:
documentation of expenses. January 30. 2014 payment prior to approving MM/DD/20YY"
April 30. 2014 pay request.
July 30, 2014 Reimbursement should not
October 30, 2014 exceed pro rata share.
January 30. 2015
April 30, 2015
July 29, 2015
h. Exhibit E, Project Performance Plan is modified by deleting the Seventh Milestone:
!"Submit the Project Final Report to DLG January 29, 2015 Provide forms to Grantee
within 90 days after the Project within 30 days of comple:ion 'ACHIEVED:
[Completion or expiration of Grant of work or end of the Grant MM/DD/20YY"
Agreement. Agreement. Process the
Final Report and deobligate
•
any remaining grant funds
!within 30 days of receiving a
I complete Final report.
and inserting the following in lieu thereof:
"Submit the Project Final Report to DLG July 29, 2015 Provide forms to Grantee
within 90 days after the Project within 30 days of completion ACHIEVED:
Completion or expiration of Grant of work or end of the Grant MM/DD/20YY"
Agreement. Agreement. Process the
Final Report and deobligate
any remaining grant funds
within 30 days of receiving a
i ! complete Final report. 1
7) START DATE
This Amendment shall take effect on the later of its Effective Date or October 10, 2014.
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.
•
Page 4 of 5
Effective Date O6109-Rev 5/4/10
I i
EIAF 7107—Weld County Road 49 Extension
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
ByrulaGEMS flDEM'A2l1EP
Name of Authorized Individual By: Qi
hwr linrd o � � (v mmi.554 6 B�Reeves n, Executive Director
Title:Ci ,� �J
Official Title of Authorized Individual Date: `^
4,7r. PRE-•P 'OVED FORM CONTRACT REVIEWER
"1 Oct GI r� Signature \ �
Dated — U By:
Br Manager
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
and/or services provided hereunder.
obligated to pay Contractor for such performance or for any goods
STATE CONTROLLER
tert Jaros, CPA
By:
Barbara M. Casey,y,Controller Del at
(
Date: V
Page 5 of 5
Effective Date:1/6/09-Rev 5/4/10
Hello