HomeMy WebLinkAbout20143110.tiff RESOLUTION
RE: APPROVE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT AMENDMENT #1 FOR COUNTY ROAD 49 EXTENSION PROJECT
(PHASE 2 - CACHE LA POUDRE BRIDGE) 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 2 - Cache La Poudre Bridge) 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 2 - Cache La Poudre Bridge)
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 13th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: thow jeds;„e. EXCUSED
Douglas Rademacher, hair
Weld County Clerk to the Boar. ]E��� 2
•ara Kirkmeyer, ro-Tem j
BY. 1 d ii ..r 11.. ;� 1361 It iii
De.. Clerk tot eBoar•1
n P. Conway
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Mike Freeman
o n y Attorney EXCUSED
William F. Garcia
Date of signature: tO)a3
2014-3110
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October 7, 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
2014-3110
MEMORANDUM
TO: Diane Von Dollen
THROUGH: Monica Mika, Director of Finance & Administration, Weld County
FROM: Beth Lipscomb
DATE: October 7, 2014
RE: Contract Amendment Approvals
FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED):
RE: EIAF 7304 —Weld County Road 49 Extension - Phase 2 CA#1
V Contractor's Federal I.D.# on file with Accounting
Form sent to Contractor to complete
Don Sandoval, DOLA Regional Manager
EIAF 7304—Weld County Road 49 Extension - Phase 2
CONTRACT AMENDMENT
Amendment#: 1 Encumbrance #: F14S7304
Original Contract CMS or CLIN #: 60688 Amendment CMS #: 73656
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 construction of a 4-lane concrete bridge over the Cache La
Poudre River, in Weld County, Colorado. The September 2013 flood caused extensive damage in
Weld County and direct damage to this site. 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.
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: 12/31/14"
and inserting the following in lieu thereof:
"Performance Period: Stan Date: End Date: 07/31/I5 '
Page 1 of 6
Effective Date. 1/6/09-Rev 5/4/10
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EIAF 7304—Weld County Road 49 Extension - Phase 2
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 pertormances under this Grant shall
commence on the Effective Date.This Grant shall terminate on December 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 July 31,2015 unless sooner terminated or
further extended as specified elsewhere herein."
c. 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.
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 Amount
Interim Payment(s) $950,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $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"
d. Exhibit E, Project Performance Plan is modified by deleting the Fourth Milestone:
"Project Completion. December 31. 2014 Review past quarterly reports,
conduct on-site monitoring. and ACHIEVED:
review final report. MM/DD/20YY"
and inserting the following in lieu thereof:
"Project Completion. July 31, 2015 Review past quarterly reports,
conduct on-site monitoring, and ACHIEVED:
review final report MM/DD/20YY"
• Page 2 of 6
Effective Date:1/6/09-Rev 5/4/10
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EIAF 7304—Weld County Road 49 Extension - Phase 2
e. Exhibit E, Project Performance Plan is modified by deleting the Fifth Milestone:
"Submit quarterly progress reports, (30 calendar days Review documents
which includes: Project Performance Plan after each quarter): and provide follow up ACHIEVED:
accomplishments and a Financial Summary technical assistance as MM/DD/20YY
Report for: October 30, 2013 necessary.
January 30, 2014 ACHIEVED:
3rd Quarter 2013 April 30. 2014 If needed, respond to a MM/DD/20YY
4th Quarter 2013 July 30, 2014 request for training
i 'Quarter 2014 October 30, 2014 within 10 days. ACHIEVED:
2n° Quarter 2014 January 30, 2015 MM/DD/20YY
3rd Quarter 2014
41h Quarter 2014 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
bridge site in order to determine if:
i) the contractor has constructed an
adequate percentage of the bridge as
would be expected under this Grant and
more specifically in Exhibit B (including but
not limited to, use of approved materials
and removal of all debris per state and local
rules and regulations and continued testing
at each milestone (percentage test point)
for stability and functionality);
ii) the contractor is experiencing delays;
iii) the bridge construction is progressing in
a timely and adequate manner as would be
expected under this Grant and more
specifically in Exhibit B (including but not
limited to, meeting all agreed to milestones
and each section of the bridge is inspected
for any possible flaws prior to continuing
construction, testing for safety and
materials capacity/adequacy—both across
the bridge and along each shore-line per all
CDOT and USDOT mobility standards:
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.
Page 3 of 6
Effective Date. 1/6/09-Rev 5/4/10
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EIAF 7304—Weld County Road 49 Extension - Phase 2
and inserting the following in lieu thereof:
"Submit quarterly progress reports, (30 calendar days Review documents
which includes: Project Performance Plan after each quarter): and provide follow up ACHIEVED:
accomplishments and a Financial Summary technical assistance as MM/DD/20YY
•
Report for: October 30, 2013 necessary.
•
January 30, 2014 ACHIEVED:
3rd Quarter 2013 April 30, 2014 If needed, respond to a MM/DD/20YY
4'" Quarter 2013 July 30, 2014 request for training
1st Quarter 2014 October 30, 2014 within 10 days. ACHIEVED:
2nd Quarter 2014 January 30, 2015 MM/DD/20YY
3r° Quarter 2014 April 30. 2015
4'h Quarter 2014 July 30, 2015 ACHIEVED:
1st Quarter 2015 October 29, 2015 L MM/DD/20YY"
2nd Quarter 2015
3rd Quarter 2015
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
bridge site in order to determine if:
i)the contractor has constructed an
adequate percentage of the bridge as
would be expected under this Grant and
more specifically in Exhibit B (including but
not limited to, use of approved materials
and removal of all debris per state and local
rules and regulations and continued testing
at each milestone (percentage test point)
for stability and functionality);
ii) the contractor is experiencing delays;
iii) the bridge construction is progressing in
a timely and adequate manner as would be
expected under this Grant and more
specifically in Exhibit B (including but not
limited to, meeting all agreed to milestones
and each section of the bridge is inspected
for any possible flaws prior to continuing
construction; testing for safety and
materials capacity/adequacy—both across
the bridge and along each shore-line per all
CDOT and USDOT mobility standards;
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.
Page 4 of 6
Effective Date: 1/6/09-Rev 5/4/10
EIAF 7304—Weld County Road 49 Extension - Phase 2
f. Exhibit E, Project Performance Plan is modified by deleting the Sixth Milestone:
"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 MM/DD/20YY"
July 30. 2014 pay request.
October 30. 2014 Reimbursement should not
January 30, 2015 exceed pro rata share.
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 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 29, 2015
g. Exhibit E, Project Performance Plan is modified by deleting the Seventh Milestone:
"Submit the Project Final Report to DLG March 31, 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
complete Final report.
and inserting the following in lieu thereof:
'Submit the Project Final Report to DLG October 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
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.
Page 5 of 6
Effective Date: 1/6/09-Rev 5/4/10
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•. 1
EIAF 7304—Weld County Road 49 Extension - Phase 2
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: Barbara Kirkmever
Name of Authorized Individual By
Pro-Tem, Board of Weld County eeves Br n, ecutive Director
Title:Commi ssaoners , ,� D
Official Title of Authorized Individual Date, yG 3. 2o91
7
A -I A (1,1
w PRE- PRO FORM CONTRACT REVIEWER
Signaturk
1 3 2014 By:
Date:OCT Bret i erry,�� ate Grants PrA-am Manager
Date: t v/ ! Y
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
Rob it Jaros,
CPA,
By: 1/6.1.10.4"-f 1'lpi1J
Barbara M. Casey, Controller/Delegate
Date: /0 )/
i I
Page 6 of 6 _-
Effective Date:1/6/09-Rev 5/4/10
aoiy 3ii0
Esther Gesick
From: Don Warden
Sent: Tuesday, October 07, 2014 3:21 PM
To: Esther Gesick
Cc: Elizabeth Relford; Barb Connolly
Subject: FW: EIAF 7304—Weld County Road 49 Extension - Phase 2 CONTRACT AMENDMENT#1
Attachments: 7304 CA#1 E-Memo BL Amendment Impact Sandoval.pdf; 7304 CA#1.pdf
Esther, will you put this on the agenda next Monday to get approved and three copies signed by the Chair. Once signed
will you return them to DOLA with the attached routing memo per the instruction below. You may want to change
Monica's name to Barb Connolly.
Elizabeth can you be at the meeting to present the change Monday.
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
Donald D. Warden
Interim Director of Finance
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co.weld.co.us
1
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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
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Sandoval - DOLA, Don [mailto:don.sandoval state.co.us]
Sent: Tuesday, October 07, 2014 2:34 PM
To: Don Warden; Barb Connolly
Subject: Fwd: EIAF 7304—Weld County Road 49 Extension - Phase 2 CONTRACT AMENDMENT #1
Fyi
Forwarded message
From: "Lipscomb - DOLA, Beth" <beth.lipscomb,(Istate.co.us>
Date: Oct 7, 2014 2:15 PM
Subject: EIAF 7304— Weld County Road 49 Extension - Phase 2 CONTRACT AMENDMENT #1
To: <mmika@co.weld.co.us>, "Don Sandoval - DOLA" <don.sandovalnstate.co.us>, "Robert Thompson -
DOLA" <robert.thompson @state.co.us>, "Diane Von_Dollen - DOLA" <diane.von dollen@state.co.us>
Cc:
Attached is contract amendment #1 and the return routing memo required for EIAF 7304 - Weld County Road
49 Extension - Phase 2 project.
Please send me a reply that you received this and were able to download and print the information without
problems.
Thank you,
Beth
Beth Lipscomb
Contracts Specialist
Division of Local Government
Department of Local Affairs
1313 Sherman Street, Room 521
Denver, CO 80203
(303) 864-7731 phone
beth.lipscomb@state.co.us
New DLG main phone number: 303-864-7720
New DLG fax number: 303-864-7759
2
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