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Home My WebLink About20133211RESOLUTION RE: APPROVE AGREEMENT FOR REPAIR AND CONSTRUCTION OF COUNTY ROAD 87 AT SOUTH PLATTE BRIDGE AND AUTHORIZE CHAIR TO SIGN - BILL BARRETT CORPORATION 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 Agreement for Repair and Construction of County Road 87 at South Platte 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 Public Works, and Bill Barrett Corporation, 1099 18th Street, Suite 2300, Denver, Colorado 80202, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for Repair and Construction of County Road 87 at South Platte 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 Public Works, and Bill Barrett Corporation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY -COLORADO ATTES Weld County Clerk to the Bo BY: Deputy Clerk to the Board APPROV AS TO'EDAM: Attorney Date of signature: 11/201,-5 *u` iam 11.. Garcia, Ch it rbara Kirkmeyer 0,e). ft , Rce-r, &Stmtroi(1O2 C4 2013-3211 EG0068 6ca)LS ® Bill Barrett Corporation November 13, 2013 County of Weld Attention: Mr. Bruce T. Barker, Esq. P.O. Box 758 Greeley, CO 80632 Agreement for Repair and Reconstruction of WCR at South Platte Bridge Gentlemen: Enclosed please find two (2) original copies of that certain Agreement for Repair and Reconstruction of WCR at South Platte Bridge dated the 8th day of November 2013, by and between the County of Weld, a body corporate and politic of the State of Colorado by and through its Board of County Commissioners and Bill Barrett Corporation, that have been executed on behalf of Bill Barrett Corporation. Please execute and return one (1) fully executed original to my attention at your earliest convenience. Please provide the contact information for the department through whom this agreement will be administered by the county. Thank you for your time and attention to this matter. Should you have any questions, please do not hesitate to contact the undersigned at 303-312-8727 or Ken Wonstolen at the letterhead address. Best regards, Colleen M. Kennedy Land Manager Cc: John Christofferson — Bill Barrett Corporation Ken Wonstolen — Bill Barrett Corporation Enclosures 2013-3211 1099 18T" STREET SUITE 2300 DENVER, CO 80202 P 303.293.9100 F 303.291.0420 AGREEMENT FOR REPAIR AND RECONSTRUCTION OF WCR 87 AT SOUTH PLATTE BRIDGE THIS AGREEMENT is made and entered into this 8 1' day of November, 2013, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is P.O. Box 758, 1150 "O" Street, Greeley, Colorado 80632, hereinafter referred to as "County." and Bill Barrett Corporation, whose address is 1099 18th Street, Suite 2300, Denver, Colorado 80202, hereinafter referred to as "Bill Barrett Corp." WITNESSETH: WHEREAS, as a result of the flooding events which took place in mid -September, 2013, many County roads and bridges were damaged and are in need of repair, including, but not limited to, repair and reconstruction of each approach to the bridge over the South Platte River on Weld County Road ("WCR") 87 ("the Project"), and WHEREAS, Bill Barrett Corp. is in need to access to properties north of the South Platte River, utilizing WCR 87 and its bridge over said river, and WHEREAS, Bill Barrett Corp. is willing to donate the time and materials necessary to complete the Project in accordance with the terms as set forth herein, without expectation of reimbursement from County or the Federal Emergency Management Agency ("FEMA"). NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall commence on the date of signature hereunder, and shall continue to and until the completion of the Project by Bill Barrett Corp., such completion to be indicated by written acceptance of the repair and reconstruction by the Weld County Department of Public Works. 2. SERVICES PROVIDED BY BILL BARRETT CORP.: Bill Barrett Corp. agrees to donate the time and materials necessary to complete the Project in accordance with the terms as set forth herein, without expectation of reimbursement from County or FEMA. Work completed shall include the repairs and reconstruction listed in the Project Worksheet and its Bid Schedule Item Description, a copy of which is attached hereto as "Exhibit A." 3. DONATION OF TIME AND MATERIALS BY BILL BARRETT CORP.: County acknowledges that but for the donation by Bill Barrett Corp. of the time and materials to complete the Project, County would have incurred the costs estimated in Exhibit A. 4. INDEPENDENT CONTRACTOR: Bill Barrett Corp. agrees that in the course of completing the Project, it is an independent contractor and none of its employees, agents or contractors will become an employee of County; nor is Bill Barrett Corp., or its employees, agents or contractors entitled to any employee benefits from County as a result of the execution of this Agreement. 5 QUALITY OF WORK AND INSURANCE: Bill Barrett Corp. shall be responsible for the professional quality, technical accuracy, and coordination of all repair and reconstruction rendered by it, and shall promptly remedy and correct any deficiencies observed by County inspectors upon completion of the Project. Bill Barrett Corp. shall maintain insurance policies of the type and in the amounts specified below. Weld County shall be named an Additional Insured under said policies. a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire. 6. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 7. GOVERNMENTAL IMMUNITY: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 8. OWNERSHIP: All work and information obtained by the Bill Barrett Corp. under this Agreement or individual work order shall become the property of the County. This includes, but is not limited to, reports, data, plans, drawings, records and computer files. 9. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 2 IN WITNESS WHEREOF, the parties hereto have signed this Agreement thi/5Tday of NOVEMBER, 2013. ATTEST: CLERK TO,TH By: Deputy Clerk to the Bo COUNTY OF WELD, a political subdivision of the STATE OF COLORADO By: William Garcia, Chairman NOV 1 8 2013 BILL BARRETT CORP.: By: sv'�� Name: s Title: Sr . v? Oe SUBSCRIBED AND SWORN to before me this o $ day of November, 2013. WITNESS my hand and official seal. My commission expires: 12.• 63 •.2oi5 otary Public CHERYL D. MATTKA NOTARY PUBLIC STATE OF COLORADO NOTARY ID # 20074017315 MY COMMISSION EXPIRES DECEMBER 05, 2015 oar 3321/ EXHIBIT A U.S. DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET - Cost Estimate Continuation Sheet O.M.H. No.1660-0017 Expires O�p� 77 200g DISASTER PROJECT NO. �_Aiscr E c61'yz CLP PA ID NO. DATE C-tL3o(\3 CATEGORY APPLICANT COUNTY water C PROJECT COST ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST "S \--at ESQ \ ,VVCr SEE--- P -'C V C_.\AW S\ \Et. C IN_DI tVC- \E A C C)STS. h16'CES `, vJc v� ,v'Cte.b -s-t,\s S\'rc ot.4 ea1(‘`F5 is.- \ c Wa.S CC -r \�N.-- v NVE7-- 1/4-)3i=b-\1c. . . F.ssT SM. ti-\ooLOGR A)P-N\ e 1/4V)ITt-k She Dtt17 SCOUR-- \ AC) ti..e.'S •Fliaciv. SI:it- A t -NA Eb \•' CSR -\AGE' • COLS? c.C AZr,ps -"\m-NE.. v ` zt. \S ToTaLL`e Our, \Z\v .2 VA" ---COLE ' \‘',1,o , ¶ N&f E, • VACrnA n1o�'S of %--k %.-k--z_ .S z, CAl-4.4al_ -nroc->C \ 3 war\ a.YV u1. �� ( 5-Tiv\Gt,tcS �.GIS.? \� `2 ...re) �,,oi iAJib )- "'CN\S PART Or- THc 7.- OP. --o NS 'AUt=A7, LerCS c Sr-r-)y01NKr.I E)-PCSs,V c -.0 \ -1/4)G4 -'CS, ATTJ Cer-JLoSL_ R- -&4y.s ' 1M,r'C..€ IAra:CH OF' ` r' (`4 -lb 8 - FCc-onV CAt-&A-L. _..\� 'its P. rr \ ) 0 act 1 \ \ c ---t\-\ ,c\ -NC. C- t a& \�o4-vz, \ 5 1 t \_`-? --t)t:4‘- pC 1 Fat- \An? ftZ -t -.E.. ‘I -NZ, -A3?-(5E Co L.v a l)3 -\ \c. \ pge_E. E-ti� est„, -5::[-r- %v.. G+4 6vT 1t r lt✓w ?-,\c)LY \LL , rtNl ) s VS A tKa . \`'c-' tP% Scccr trs" cci_,L.o F\xEo '-)\ -A tw o car- \zot- w \t-1/41 zbou z-3 \A�E�S - -. PREPARED .. ., .- ... ,. ,. .. .. `. H,V: : ) LA.. � as x P -E • TOTAL COST ► TITLE: .„,\Cr\C, „I,,1PIEE,g- FEMA Form 90-910, FES 09 � S':Yr'Pr'Ti'r:.../i�:e TOTAL PRICE (DOLLARS) 0 el 6 & ,� gl l';I? 0 gl gt sO©9 0 g I el §c000,ci f €1 zi ,�► 8( o isn, % ii UNIT PRICE (DOLLARS) °I 8i s! gl V 51 vi °� 8� 0 °o Q! gi 0 0 UNIT PRICE (WRITTEN WORDS) BID QUANTITY f1f S g I r' f/ I. `' ,i, `L § e ) PV a O Pl �� A J wiv. pJ P' O%! rl ` t',, IP N O t 0 AS LF U CY 0 cc O I d' O I cc O I d' O I O 0 LF LF in BID SCHEDULE ITEM DESCRIPTION DEBRIS & OBSTRUCTIONS REMOVAL REMOVAL OF ASPHALT MAT SAWCUTTING ASPHALT MAT UNCLASSIFIED EXCAVATION MUCK EXCAVATION EMBANKMENT (CIP) (R = 20 I minimum) PROOF ROLLING UTILITY POTHOLING BACKHOE BLADING STRUCTURE BACKFILL (FLOW -FILL) TOPSOIL (IMPORT) EROSION LOG (12 INCH) SILT FENCE TURF REINFORCEMENT MAT (CLASS 1) _' W O H Z N O NNNNNNNNNNNNN N O N O C') O O 2 O 2 10 O 0) O O) O M O O 0 O 0 N CO N 4rto TOTAL PRICE (DOLLARS) 1Q £i! $ 0 g O dl 01 $�,� 2� �� $ ag 0� ii p U aJ q 0 o o r « UNIT PRICE (DOLLARS) gl $E `� J n c�, Ofpg,9 0� 0 of o H / Qi H 41 O I $O o i I i ° 0 4 8 o o 8 0 i« I 40 VI 49 69 69in 69*9 49 69 V) 11 UNIT PRICE (WRITTEN WORDS) $I r- rn FIFTY THOUSAND AND 00/100 DOLLARS ND Akin 001100 flint IARS fir, CCP THOUSA TEN THOUSAND AND 00/100 DQLLAP° BID QUANTITY 3 ti a rkV q cv .-o inF"4 Z TON I TON O F- en U LF EACH LS LS LL rn FA BID SCHEDULE ITEM DESCRIPTION AGGREGATE BASE COURSE (CLASS 6) (R=69 or greater) HMA PATCHING (GRADE S) (100) (PG64-28) HMA (GRADES) (100) (PG64-28) GEOGRID (SUBGRADE STABILIZATION) J GEOTEXTILE (SEPARATOR) RIPRAP (12 INCH) GUARDRAIL TYPE 3 (6.-3" POST SPACING) SANITARY FACILITY CONSTRUCTION SURVEYING MOBILIZATION F/A MINOR CONTRACT REVISIONS F/n DEWATERING F/A EROSION CONTROL I --Z a M to o en v 0 v 0 v CD Ii CO 0 o N u) N m F g N. 0 0 r Total Bid (Dollars) INCLUDE ALL FORCE ACOUNT ITEMS IN BID. 0 n + -1-- -f- -* o 3 ▪ J O 4- d 0 TOTAL PRICE (DOLLARS) a I $i si 2o gig Qg ag al § ai § eg s$ fi► w w w w w w w w w w w CO w w w UNIT PRICE (DOLLARS) gel _ w b4 0I D�i SO( o� 0� gl O Q s UI �1� � 1 �O w w w w w w w w w w w w w UNIT PRICE (WRITTEN WORDS) 70i% 0 20o Y9i50 1p 0 U CO} LF U AD AD I 2 2 2 2 U U LF LF AS BID SCHEDULE ITEM DESCRIPTION DEBRIS 8 OBSTRUCTIONS REMOVAL i 202 REMOVAL OF ASPHALT MAT 202 SAWCUTTING ASPHALT MAT UNCLASSIFIED EXCAVATION MUCK EXCAVATION EMBANKMENT (CIP) (R = 20 minimum) PROOF ROLLING UTILITY POTHOLING BACKHOE O Z O 3 m STRUCTURE BACKFILL (FLOW -FILL) TOPSOIL (IMPORT) IEROSION LOG (12 INCH) SILT FENCE TURF REINFORCEMENT MAT (CIASSI) tO = NNN a NN CO coo O NNNNNNNNNNNN CO CO 0a000 CO O CO O en O CO O t0 C 1� O m O a0 O eD F- TOTAL PRICE (DOLLARS) 81 0 /9 49 e9 w `s w w w vi w w e9 w UNIT PRICE (DOLLARS) sl$\°o°( 0(°`�.A�8 g-�s° — 69l-_ i9l 49 .9 w 19 69 19 69 IA w TEN THOUSAND AND 00/100 D _ARS--. UNIT PRICE (WRITTEN WORDS) 90 o Q °- FIFTY THOUSAND AND 00/100 DOLLARS h(I TEEN THOUSAND AND 00/10.0 DOLLARS BID QUANTITY r 2.500 t— = TON Z O t— GEOTEXTILE (SEPARATOR) SY RIPRAP 121NCH ry J EACH co J LS LL LL LL ITEM BID SCHEDULE NO. ITEM DESCRIPTION AGGREGATE BASE COURSE i 304 (CLASS 6) (R=69 or greater) HMA PATCHING (GRADE 5) AA 100 PG64 28 ( )( ) HMA (GRADE S) (100) (PG64-28) GEOGRID (SUBGRADE STABILIZATION) ( ) GUARDRAIL TYPE 3 (6'•3' POST SPACING) SANITARY FACILITY CONSTRUCTION SURVEYING , MOBILIZATION F/A MINOR CONTRACT REVISIONS F/A DEWATERING F/A EROSION CONTROL g (9 v § s a 0 0 S 8 8 Total Bid (Dollars) INCLUDE ALL FORCE ACOUNT ITEMS IN BID. Hello