HomeMy WebLinkAbout20143343 RESOLUTION
RE: APPROVE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT AMENDMENT #1 FOR COUNTY ROAD 49 EXTENSION PROJECT
(PHASE 1B) 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
(Phase 1 B) 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 (Phase 1B) 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: acti
L ♦ EXCUSED
�,� Douglas Rademacher, hair
Weld County Clerk to the ar .p i1C
t1161 1 ` t.1� R/.Z, C/%�A/]/
%'�� _�)? :rbara Kirk e ro-Tem
BY.
Deg T Clerk tot a Boa
4-I 1\1 .- Sean P. Conway
AP D ORM: V OI�Z��1ee_
Mike Fr ma
my Attorney
' lliam . Garcia
Date of signature: 11 VIII
2014-3343
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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
9 9
2014-3343
MEMORANDUM
TO: Diane Von Dollen
THROUGH: Barbara Connolly, Weld County Controller, Weld County
FROM: Beth Lipscomb
DATE: October 8, 2014
RE: Contract Amendment Approvals
FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED):
RE: EIAF 7214 — Weld County Road 49 Extension — Phase 1B CA#1
Ai Contractor's Federal I.D.# on file with Accounting
Form sent to Contractor to complete
Don Sandoval, DOLA Regional Manager
EIAF 7214—Weld County Road 49 Extension — Phase 15
CONTRACT AMENDMENT
Amendment#: 1 I Encumbrance #: F14S7214
Original Contract CMS or CLIN #: 60371 Amendment CMS #: 73652
• 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 concrete paving of a major energy impacted county road
extension 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 End Date:
"Performance Period: Start Date: End Date: 10/31/14"
and inserting the following in lieu thereof:
"Performance Period: Start Date: End Date: 10/31/15-
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."
Page 1 of 5
Effective Date_1/6/09-Rev 5/4/10
EIAF 7214—Weld County Road 49 Extension —Phase 1B
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 October 31,2015 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:
"Grantee's performance hereunder shall be under the direct supervision of Monica Mika,Director of
Finance& Administration (mmika(@co.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 he under the direct supervision of Barbara Connolly,Weld
County Controller(bconnollyako.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 Payment(s) $900,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
j Final Payment $100,000 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 $1,000,000"
and inserting the following in lieu thereof:
"Payment T Amount
Interim Payment(s) I $950,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment l $50,000 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 $1,000,000"
e. Exhibit E, Project Performance Plan is modified by deleting the Fourth Milestone:
'Project Competion. 'October 31,2014 j Review past quarterly reports,conduct on- ACHIEVED:
!site monitoring,and review final report. MM/DD/20YY"
and inserting the following in lieu thereof:
"Project Completion October 31, 2015 Review past quarterly reports,conduct on- ACHIEVED:
site monitoring, and review final report. MM/DD/20YY"
Page 2 of 5
Effective Date. 1/6/09-Rev 5/4/10
EIAF 7214—Weld County Road 49 Extension —Phase 1B
f. Exhibit E, Project Performance Plan is modified by deleting the Fifth Milestone:
I"Submit quarterly progress reports, which includes: Project Performance (30 calendar days Review
Plan accomplishments and a Financial Summary Report for: after each quarter): documents ACHIEVED:
3rd Quarter 2013 and provide MM/DD/20YY
41°Quarter 2013 October 30, 2013 follow up
11'Quarter 2014 January 30, 2014 technical ACHIEVED:
200 Quarter 2014 April 30. 2014 assistance as MM/DD/20YY
3rd Quarter 2014 July 30. 2014 necessary.
41° Quarter 2014 October 30, 2014 ACHIEVED:
Progress shall be evaluated by the Grantee and documented and included January 29. 2015 If needed, MM/DD/20YY
at least upon submittal of Quarterly Progress Reports respond to a
Such evaluation may consist of any/all of the following monitoring methods. request for ACHIEVED:
a) on-site walk through inspections of paving of the roadway in order to training within MM/DD/20YY"
determine if: 10 days.
i) the contractor has paved an adequate percentage of the roadway as
would be expected under this Grant and more specifically, Exhibit B
(including but not limited to, use of approved concrete mixture(s)—
CDOT/CDPHE standards, and any remaining materials removed and road-
sides cleared of debris);
ii)the contractor is experiencing delays;
Hi)the paving is progressing in a timely and adequate manner as would be
expected under this Grant and more specifically, Exhibit B (including but not
limited to, percentage measured is as expected per agreed timeline and
once set.the road will be weight tested for general use):
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 l(30 calendar days Review
Plan accomplishments and a Financial Summary Report for: after each quarter): documents and ACHIEVED:
3r°Quarter 2013 provide follow MM/DD/20YY
4`° Quarter 2013 October 30. 2013 up technical
.1'' Quarter 2014 January 30, 2014 assistance as ACHIEVED:
2id Quarter 2014 April 30, 2014 ,necessary. MM/DD/20YY
3rd Quarter 2014 !July 30, 2014
41°Quarter 2014 October 30. 2014 If needed, ACHIEVED:
1''Quarter 2015 January 30. 2015 respond to a MM/DD/20YY
2rd Quarter 2015 April 30, 2015 request for
3r°Quarter 2015 July 30. 2015 training within ACHIEVED:
4'h Quarter 2015 October 30, 2015 10 days. MM/DD/20YY"
Progress shall be evaluated by the Grantee and documented and included January 29, 2016
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 paving of the roadway in order to
determine if:
i)the contractor has paved an adequate percentage of the roadway as
would be expected under this Grant and more specifically, Exhibit B
(including but not limited to, use of approved concrete mixture(s) —
CDOT/CDPHE standards, and any remaining materials removed and road-
sides cleared of debris):
H) the contractor is experiencing delays;
iii) the paving is progressing in a timely and adequate manner as would be
expected under this Grart and more specifically, Exhibit B (including but not
limited to, percentage measured is as expected per agreed timeline and
once set, the road will be weight tested for general use),
land b) question and answer sessions with the contractor to confirm
I understanding by all parties as to the nature of the Work and how far along
lit should be dependent upon the Quarter under review.
Page 3 of 5 �l
Effective Date:116/09-Rev 5/4/10
EIAF 7214—Weld County Road 49 Extension — Phase 1B
g. Exhibit E, Project Performance Plan is modified by deleting the Sixth Milestone:
"Submit, at a minimum quarterly basis, I October 30. 2013 Review backup
pay requests and supporting 'January 30; 2014 documentation and proof of iACHIEVED:
documentation of expenses April 30, 2014 payment prior to approving ",MM/DD/20YY"
July 30: 2014 pay request. F
October 30, 2014 Reimbursement should not
iJanuary 29. 2015 exceed pro rata share. i
and inserting the following in lieu thereof:
"Submit, at a minimum quarterly basis. October 30,2013 'Review backup '
pay requests and supporting January 30. 2014 documentation and proof of 'ACHIEVED:
documentation of expenses. April 30; 2014 payment prior to approving I MM/DD/20YY"
July 30, 2014 pay request.
October 30.2014 Reimbursement should not
January 30. 2015 exceed pro rata share.
April 30, 2015
July 30, 2015
October 30: 2015
January 29, 2016 jI
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 i
' 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
'complete Final report. I
and inserting the following in lieu thereof:
"Submit the Project Final Report to DLG January 29 2016 t Provide forms to Grantee
within 90 days after the Project (within 30 days of completion 'ACHIEVED:
Completion or expiration of Grant i of work or end of the Grant I 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.
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.
I -------- Page 4 of 5
Effective nate_1/ /09-Rev 514/10
EIAF 7214—Weld County Road 49 Extension —Phase 1B
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: IDM LA5 14iDEMRdNEP
Name of Authorized Individual By:
pp n /l \M ^Reeves xecutive Director
Title: LAI11R,Q 2C0 or Wexd Ca nk ID U5t f'15 - 3
Official Title of Authorized Individual Date: oZ .c
/00- Roeka .-Lug PR -. OV=D FORM CONTRACT REVIEWER
Signature
By:
Date:O ,+ aa,AOI
ts rogram Manager
Date: Io/'23M
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
Rbert Jaros CPA
Barbara M. Caseey, Controller Delegate
P`
Date: %a-
Page 5 of 5
Effective Date: 1/6/09-Rev 5/4/10
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