HomeMy WebLinkAbout 16-14 Approving a Contract Amendment to Grant #EIAF 7598RESOLUTION NO. ILAt
A RESOLUTION APPROVING A CONTRACT AMENDMENT TO GRANT AGREEMENT
BETWEEN THE TOWN OF FIRESTONE AND THE STATE DEPARTMENT OF LOCAL
AFFAIRS (GRANT #EIAF 7598)
WHEREAS, the Town previously executed a grant agreement with the State of Colorado
acting by and through the Department of Local Affairs, Division of Local Governments ("Grant
Agreement") for funding of the construction of the Firestone Gateway Project to widen Firestone
Boulevard ("Project"); and
WHEREAS, .the Town received higher than anticipated bids for the work on the Project,
and will need to increase the Town's contribution to the Project budget to cover additional costs,
and
WHEREAS, an amendment to the Grant Agreement has been proposed to amend the
Project budget to reflect more accurate Project costs and increase the Town's contribution to the
Project, and the Board of Trustees by this Resolution desires to approve the amendment and
authorize its execution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The proposed Contract Amendment to the Grant Agreement between the
Town of Firestone and the State Department of Local Affairs ("Amendment") is hereby approved in
essentially the same form as the copy of such Amendment accompanying this resolution.
Section 2. The Mayor is hereby authorized to execute such Amendment and the Mayor
is hereby further authorized to negotiate and approve such revisions to the Amendment as the
Mayor determines are necessary or desirable for the protection of the Town, so long as the essential
terms and conditions of the Amendment are not altered.
INTRODUCED, READ, AND ADOPTED this�n4"day of , 2016.
�r STONE
a. ,k_s I p
�9 Act
Medina, Town Clerk
TOWN OF
Paul Sorenson,
COLOR DO
COLORADO
Department of Local Affairs
Division of Local Government
June 20, 2016
Paul Sorenson, Mayor
Town of Firestone
P. 0. Box 100
Firestone, Colorado 80520
RE: EIAF 7598 -Firestone Boulevard Gateway, Contract Amendment #1
Dear Mayor Sorenson:
Attached is Contract Amendment #1 for the above -referenced Energy Impact Assistance Fund project. If the
amendment is satisfactory as written, please print and sign the amendment (original signatures only; no
photocopies, stamped or e-signatures).
The second page of this letter is a Return Routing Memorandum that includes a Grantee Checklist. Please use this
document to facilitate the return of your contract amendment. Using the Checklist will ensure that your
amendment has been signed by the appropriate person, that you have enclosed the correct number of documents
for return to the State, that you have correctly addressed your return packet, and that you have notified us that
your documents are on their way back to us.
If you would like your copy of the fully executed contract amendment to contain original signatures, please make
sure you sign and return two (2) contract amendments to us. If a photocopy of the originally signed fully executed
contract amendment is acceptable to you, then you need only sign and return one (1) contract amendment to us.
The State Controller requires hard copies and original signatures for contract amendment execution. We cannot
complete the execution of your contract amendment without these. Until your contract amendment is fully
executed (signed by all Parties), the changes contained in the amendment are not in effect.
If you have any questions about this contract amendment or the contract amendment execution process, please
contact your Regional Manager, Choose an item. or me at (303) 864-7731.
Sincerely,
Beth Lipscomb
Internal Services Manager
Department of Local Affairs
Enclosures
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
RETURN ROUTING MEMORANDUM
T0: Hannah Cichocki
THROUGH: Wes LaVanchy, Town Manager, Town of Firestone
FROM: Beth Lipscomb
DATE: June 20, 2016
RE: Contract Amendment Approvals
FOR FINAL APPROVAL ROUTING:
RE: EIAF 7598 -Firestone Boulevard Gateway CA#1
GRANTEE CHECKLIST:
the Contract Amendment is signed by an authorized signator (original signatures only: no
photocopies, stamped or e-signatures)
signed by County Chief Elected Official, City/Town Mayor, or District Board
President/Chair
signed by Other
documentation of authority to sign is enclosed
the correct number of originals are attached
one (1) signed original for the State (required)
one (1) signed original for return to the Grantee (optional, at your discretion)
documents being sent back to the State must be addressed to:
Department of Local Affairs
ATTENTION: Hannah Cichocki
1313 Sherman Street, Room 521
Denver, CO 80203
you have sent an email to the State (hannah.cichockiCstate.co.us) indicating the date the hard
copy will behas been posted for return to State
Governor John W. Hickenlooper � 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
EIAF 7598 — Firestone Boulevard Gateway
CONTRACT AMENDMENT
Amendment #: 1
I Encumbrance #: F15S7598
Original Contract CMS or CLIN #: 76404
1 Amendment CMS #:
92072
1) PARTIES
This Amendment to the above -referenced Original Contract (hereinafter called the Contract) is
entered into by and between the TOWN OF FIRESTONE (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 widening Firestone Boulevard in the Town of Firestone to
improve traffic flow and safety. Grantee received higher than anticipated bids for the Work, and will
increase their contribution to the Project Budget to cover the additional costs. No new Grant Funds
are requested. This Amendment modifies the Project Budget to reflect more accurate project costs as
well as an increase to Grantee's contribution.
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 6, Funding
Subsection 6.2, Budget is modified by deleting the current subsection in its entirety:
"Budget Line Items)
Total Cost
Grant
Funds
Matching
Funds
Matching
Funds Source
Architectural/Engineering Services
$2345212
$0
$234,212
Grantee
Construction/Improvement of
Public Roadways
$25447,073
$1,300,000
$1,147,073
Grantee
Total
$296819285
$193009000
$1,3819285"
and inserting the following in lieu thereof:
"Budget Line Items)
Total Cost
Grant
Funds
Matching
Funds
Matching
Funds Source
Architectural/Engineering Services
$135,765
$0
$135,765
Grantee
Construction/Improvement of
Public Roadways
$2,977,367
$L3001000
$1,677,367
Grantee
Total
$39113,132
$153001000
$1,8139132"
Page 1 of 3
Effective Date: 1/6/09-Rev 5!4/10
EIAF 7598 — Firestone Boulevard Gateway
7) START DATE
This Amendment shall take effect on the later of its Effective Date or June 30, 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
EIAF 7598 — Firestone Boulevard Gateway
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
TOWN OF FIRESTONE
By:
Name of Authorized Individual
Title:
Date:
Official Title of Authorized Individual
*Signature
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
By:
Executive Director
Date:
PRE -APPROVED FORM CONTRACT REVIEWER
By:
Rachel Harlow -Schalk, Financial Assistance Director
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:
Page 3 of 3
Effective Date: 1/6/09-Rev 5/4/10 ''