The URL can be used to link to this page

Browse Search

Home My WebLink About20143514.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT FOR CDOT 1-25 MANAGED LANES TIGER GRANT 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 a Contract Amendment for CDOT 1-25 Managed Lanes TIGER Grant among 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 Transportation, Adams County, City of Thornton, City and County of Broomfield, City of Federal Heights, City of Northglenn, and City of Westminster commencing upon 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 contract 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 Contract Amendment for CDOT 1-25 Managed Lanes TIGER Grant 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 Transportation, Adams County, City of Thornton, City and County of Broomfield, City of Federal Heights, City of Northglenn, and City of Westminster, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of November, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �""�► � .� -� ., !' �- _ dirt # ,Y / % .la- 'adema er, hair Weld County Clerk to the Bo a`` F . . . • � I _ �� ,,�_ rbara Kirkmeyer, ro-Tem ire... �F- Dep t'Clerk to th- Board ,cj� u can P. Conway AP RM: Mie r n ttorney liam F. Garcia Date of signature: X119 2014-3514 CC ,�W '141 EG0070 Amendment#:1 Original Contract Routing#13 HA6 51029 Project#: 18695 Amendment Routing#: 14 HA167964 Project Name:Managed Lanes ID#331000619 CONTRACT AMENDMENT 1. PARTIES This Amendment to the above-referenced Original Contract(hereinafter called the Contract)is entered into by and between Adams County,4430 South Adams County Parkway,Brighton,Colorado 80601,CDOT Vendor #2000055,City of Thornton,9500 Civic Center Drive,Thornton,Colorado 80229,CDOT Vendor#2000088, City and County of Broomfield,One Descombes Drive,Broomfield,Colorado 80020,CDOT Vendor# 2000091,City of Federal Heights,2380 West 90th Avenue,Federal Heights,Colorado 80221,CDOT Vendor #2000002,City of Northglenn, 11701 Community Center Drive,Northglenn,Colorado 80233,CDOT Vendor #2000004,Weld County,P.O.Box 758,Greeley,Colorado 80632,CDOT Vendor#2000135,City of Westminster,4800 West 92nd Avenue,Westminster,Colorado 80031,CDOT Vendor#2000053(hereinafter called"The Local Agencies"),and the STATE OF COLORADO(hereinafter called the"State")acting by and through the Department of Transportation,(hereinafter called"CDOT"). The Local Agencies and the State together shall be referred to as the"Parties." 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the State or designee (hereinafter called the"Effective Date").The State shall not be liable to pay or reimburse The Local Agencies 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 the Contract for project IM 0253-222(18695),which consists of The Local Agencies reimbursing the State for performing a portion of work to construct one managed lane in each direction on I-25 between US 36 and 120th Avenue. With this Amendment,Adams County and City of Northglenn will increase their contributions and extend the payment schedule accordingly. This Amendment does not alter the other parties'contributions except that the overall percentages are changed to reflect Adams County's and City of Northglenn's increased contributions. 4. CONSIDERATION 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. 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 Amendment and all prior amendments thereto,if any,are modified as follows: A.Section 4 paragraph B of the original Contract is deleted and replaced as follows: The Local Agencies will provide a portion of the total cost of the Work estimated to be $8,025,000.00,which is to be funded as follows: Contract Amendment Page 1 of 9 Contributions: Adams County $4,500,000.00 56.07% Broomfield $50,000.00 0.62% Federal Heights $150,000.00 1.87% Northglenn $1,050,000.00 13.08% Thornton $1,750,000.00 21.81% Weld County $25,000.00 0.31% Westminster $500,000.00 6.23% Totals $8,025,000.00 100.00% Payment Schedule: 2013 2014 2015 2016 2017 Total Adams County $500,000.00 $500,000.00 $500,000.00 $3,000,000.00 $0.00 $4,500,000.00 Broomfield $50,000.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 Federal Heights $50,000.00 $50,000.00 $50,000.00 $0.00 $0.00 $150,000.00 Northglenn $183,000.00 $183,000.00 $184,000.00 $250,000.00 $250,000.00 $1,050,000.00 Thornton $500,000.00 $500,000.00 $750,000.00 $0.00 $0.00 $1,750,000.00 Weld County $8,300.00 $8,300.00 $8,400.00 $0.00 $0.00 ' $25,000.00 Westminster $167,000.00 $167,000.00 $166,000.00 $0.00 $0.00 $500,000.00 Totals $1,458,300.00 $1,408,300.00 $1,658,400.00 $3,250,000.00 $250,000.00 $8,025,000.00 Any savings realized associated with Local Agencies'contributions will be applied by the percentage based on the contributions table at the final settlement of the project. B.The first sentence of Section 4 paragraph C of the original contract is deleted and replaced as follows: The maximum amount payable by the Local Agencies under this contract shall be $8,025,000,in the amounts for each jurisdiction as set forth above,unless such amount is increased by an appropriate written modification to this contract executed by all of the signatories hereto before any increased cost is incurred. 7. START DATE This Amendment shall take effect upon the date of the State's Signature. 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 Parties hereto payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,or otherwise made available. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Contract Amendment Page 2 of 9 SIGNATURE PAGE Agreement Routing Number 14 HA1 67964 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY STATE OF COLORADO Adams County John W.Hickenlooper,GOVERNOR CDOT Vendor#2000055 Colorado Department of Transportation By: Donald E.Hunt,Executive Director Title: E.2.4.4By:Joshu ly,P E4neer *Signature b IS Date: 11 /'1/2016 Date: Corporations: (A corporate seal or attestation is required.) Attest(Seal)By: (Corporate Secretary or Equivalent,or own/City/County erk) 2nd The Local Agency Signature if Needed LEGAL REVIEW John W.Suthers,Attorney General By: Title: , 1 By: Signature-Assistant Attorney General *Signature Date: Date: Contract Amendment Page 3 of 9 *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY City of Thornton CDOT Vendor#2000088 By. Jack Ethredge APPROVED AS TO FORM: � Titl , City �:n: r L� L-' `kU(& Margare Emerich, City Attorney ate: Corporations: (A corporate seal or attestation is required.) • Attest(Seal)By: (Corporate Secretary or Equivalent,or own/C y/County Clerk) Contract Amendment Page 4 of 9 *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY City and County of Broomfield CDOT Vendor#2000091 By: (;e4/0±7,1 . .edFc Title:( yoo' *Si ature Date: /4// Corporations_ (A corporate seal or attestation is required.) Attest(Seal)By- (C 2 1.4t y2 Cierk) , EA L it ••. � 't-G- . t); COI 0-R X100 Contract Amendment Page 5 of 9 CITY OF FEDERAL HEIGHTS COUNCIL DECISION REQUEST (CDR) DATE: 11/3/2014 SUBJECT: Change Meeting Dates STUDY SESSION DATE: None DEPT: Administration MEETING DATE: 11/3/2014 SUBMITTED BY: Jacqueline Halburnt SUBMITTAL APPROVED BY: Jacqueline Halburnt REVIEWED BY CITY MGR: Yes REVIEWED BY ATTORNEY(IF APPLICABLE): N/A EXHIBITS (IF APPLICABLE,ATTACHED): 1-25 Managed Lanes Intergovernmental Agreement BUDGETED EXPENDITURE CONT.FUNDING AMOUNT: $0 REQUESTED: $0 REQUESTED: $0 STAFF RECOMMENDATIONS: Staff recommends approving the amended I-25 Managed Lanes IGA. SUMMARY OF THE BASIS FOR THE RECOMMENDATION FOR APPROVAL/DISAPPROVAL: Northglenn and Adams County are contributing additional funds to the I-25 managed lanes project specifically to replace the existing wood fence with a concrete sound wall. As part of CDOT's process,the IGA needs to be amended to reflect the additional contributions. The amendment updates the tables showing the additional funding and extended payment time frame for when Northglenn and the county will make these additional payments. Due to the language in the executed IGA, all signatories to the agreement must approve the amendment. There is no additional cost to Federal Heights by amending the IGA. ALTERNATIVES: N/A LIST ANY ORDINANCES,RESOLUTIONS AND/OR SECTIONS OF THE CITY CODE THAT WOULD BE AFFECTED BY THIS ACTION: N/A IF IT IS THE WISH OF THE COUNCIL TO SUPPORT THE ABOVE RECOMMENDATION,THE FOLLOWING MOTION WILL ENABLE IMPLEMENTATION IN ALL ITS PHASES: I move to approve the amended I-25 Managed Lanes IGA. NOTE TO SUBMITTER: MOTION CANNOT SAY"PER ATTACHED"OR "PER ABOVE"BECAUSE THIS CANNOT BE PROPERLY REFLECTED IN THE MINUTES OF THE MEETING. HOWEVER,IT MAY REFERENCE SPECIFIC INVOICE NUMBERS,SPECIFIC BIDS, OR THE SPECIFICS OF ATTACHED EXHIBITS. 1 *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY City of Federal Heights CDOT Vendor#2000002 By: Title: *Signature Date: Corporations: (A corporate seal or attestation is required.) Attest(Seal)By: (Corporate Secretary or Equivalent,or Town/City/County Clerk) • Contract Amendment Page 6 of 9 *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY City of Northglenn CDOT Vendor#2000004 By: Joyce Downing Title: Mayor /62 gnat Date: t Corporations: (A corporate seal or attestation is required.) Attest(Seal)By: (Co ate Secretary or Equivalent,or Town/City/County Clerk) Contract Amendment Page 7 of 9 *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and aeknuwledge that the State is relying on their:representetions to that effect. THE LOCAL AGENCY Weld County CDOT Vendor#2000135 By: Douglas Rademacher APPRO AlT SUBSTANCE: Title: Chair Weld County / Board— Commissioners e Official or Dept. Head * natur APPROVED AS TO FUNDING: Date:___11/IQ/2014 J"s .LG.GC ahtia Controller NOV 1 0 2014 APPROVED AS TO FORM: Corporations: (A corporate seal or attestation is required.) ~ un ty\Attorney Attest(Seal)By: d - - r�+� E 4 Clerk to the Board BY: Alail,b 442 Dep ty '4:terk to Contract Amendment Page 8 of 9 *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY City of Westminster CDOT Vendor#2000053 J.Brent McFall By: City Manager Title: Sig afar Date: Mtit/� ��t1WMTO flit a'4 — r )-(Al •• Corporations: I (A corporate seal or attestation is required.) - �►.. ,, • Attest(Seal)By. AA- -E = -L-(C. - }• i .\�Jf (Co orate Secretary,o Equivalen or Town/City/County Clerk) • Contract Amendment Page 9 of 9 Hello