HomeMy WebLinkAbout20081758.tiff RESOLUTION
RE: APPROVE CONTRACT AMENDMENT #1 FOR REPLACEMENT OF BRIDGE
NO. 13/54A AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF
TRANSPORTATION
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 Contract Amendment #1 for the
Replacement of Bridge No. 13/54A 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, commencing upon full execution, with further
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 Contract Amendment #1 for the Replacement of Bridge No. 13/54A
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 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 23rd day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LI/ il �. ®�` ---1_,--/- k li _�
William H. Jerke, Chair
Weld County Clerk to th �:o: r -J:( ii',-v
EXCUSED
`.' s`1 Robert D./Mn, ro-Tem
BY: �I// .1 ice.. r� .i / G/� J�
Deputy Clerk o the Boar•
Willi F. Garcia
AP OV AS cam, EC'
David E. Long
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aunty torney
Date of signature: /' &a/de uglas ademache
2008-1758
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MEMORANDUM
TO: Clerk to the Board DATE: June 17, 2008
COLORADO FROM: Wayne Howard, Chief Senior Engineer, Public Works
SUBJECT: Agenda Item
Contract Amendment #1 with CDOT (Project BRO CO30-031, (14989), Region 4) for
improvements to WCR 13 at the Big Thompson River.
Attached are THREE original Contract Amendments #1. PLEASE RETURN ALL THREE
ORIGNALS TO PUBLIC WORKS to obtain the Governor's signature.
M:AFrancie'Agenda Wayne Howard.doc
2008-1758
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: CDOT Contract Amendment#1 for Bridge 13/54A Replacement over the Big Thompson River
DEPARTMENT: PUBLIC WORKS DATE: 6/06/08
PERSON REQUESTING: Wayne Howard,Engineering Division
Brief description of the problem/issue:
Weld County received federal funds (80% cost share) for the replacement of Bridge 13/54A in 2006. Larimer
County has also agreed to participate with the costs (10% cost share). Public Works has requested the total
budgeted funds for this project be increased to better match the anticipated construction costs. Public Works
identified the budget shortfall during the ongoing design phase of the project. The total budgeted funds will
become $2,021,000.00, which is an increase of$398,670.00 to the original amount. These additional funds are
coming from a requested budget decrease for the replacement of Bridge 27/66A over the Greeley Canal #2. In
the near future, the BOCC will receive a Contract Amendment for that project, related to reducing its budget by
a similar amount.
What options exist for the Board:
The Board can choose to not accept this Contract Amendment, in which case the original budget will remain in
place. That choice will result in a budget overrun upon completion of the project or a need to change the
design. The Board can choose to accept this Contract Amendment. That choice will result in a project budget
which closely matches the current Engineer's Estimate for the construction costs.
Recommendation to the Board:
I recommend approval of the Contract Amendment #1. This will allow the project to proceed in a timely
manner without changing the current design.
Approve Schedule
Recommendation Work Session Comments
William H. Jerke, Chair
Robert D. Madsen, Pro-Tern
William F. Garcia r'
David E. Long
Douglas Rademacher
Attachments: Contract Amendment and CDOT Cover Letter
M:\--Active Projects\Bridge 13-54A\Design\Contracts\CDOT\Work Session Request CDOT.doc
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Contracts and Market Analysis Branch rig D OT
4201 East Arkansas Avenue,4th Floor
Denver,Colorado 80222
Telephone:(303)757-9736
Facsimile: (303)757-9868 --
June 4, 2008 I ;
IJ
L JUN - 5 2008
Mike Bedell
Weld County Public Works Dept.
P.O. Box 758
Greeley, CO 80632
RE: BRO C030-031 Amendment #1 — Bridge replacement of weld County Road 13 at the Big
Thompson River.
Enclosed please find three executory copies of the above referenced contract between Weld County and
the Colorado Department of Transportation.
All three(3)copies must be signed with two appropriate sigpatures,one the designated authority binding the
contractor to the contract,and the other attesting to the authority of the first. If you have a seal,please affix it
to the si nature page of each copy. In addition, please attach a copy of the ordinance or resolution passed
by s governing board approving the contract.
Please do not date the first page of the contract.
Please return all three (3) copies to my attention. Upon receiving approval for the agreements, a verified copy will
be returned to you. This Contract Amendment is not valid until the State Controller, or such assistant as he may
delegate, has signed it.
Should you have any questions or require further information, please do not hesitate to contact me. Your
assistance in expediting this agreement is appreciated.
1Sincerely,CA-rian H ck ' 42.......
Contract pecialist
Colorado Department of Transportation
4201 E. Arkansas Avenue
Denver, CO 80222
Phone: (303) 757-9351
e-mail: Brian Hancocka dot state cous
(FMLAWRK) 09 HA4 00005
PROJECT BRO C030-031,(14989) SAP ID 271000482
Region 4,(bh)
CONTRACT AMENDMENT #1
- D
THIS AMENDMENT,is made this /3 day of C , 20 08,by and between the State of
Colorado for the use and benefit of the Colorado Department oftransp ation,hereinafter referred to as the"State",
and WELD COUNTY,P.O.Box 758,Greeley,Colorado, 80632,CDOT Vendor#: 5000210,hereinafter referred to
as the "Contractor" or the"Local Agency".
FACTUAL RECITALS
1. Authority exists in the law and funds have been budgeted,appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for this Project as set forth below; and,
2. Required approval,clearance,and coordination has been accomplished from and with appropriate agencies;
and,
3. The Parties entered into the contract dated May 25,2007,routing number 07 HA4 00075,known hereafter as
"the Basic Contract"; and,
4. The Basic Contract is an intergovernmental agreement between the State and the Contractor consisting of
design, right of way and construction of a bridge replacement on Weld Country Road 13 at the Big
Thompson River in Weld County, Colorado; and,
5. The Basic Contract is still in effect and provides for changes to its terms and conditions by written
supplement or contract amendment; and,
6. The Parties also now desire to amend the Basic Contract by adding design and utility construction funding by
revising Recital 1 and Exhibit C; and,
7. The Parties enter into this Amendment pursuant to the provisions of Colorado Revised Statutes,Sections 24-
30-1401 et seq., Section 43-1-106, and Section 43-1-110, as amended.
NOW THEREFORE, it is hereby agreed that:
Consideration for this Amendment consists of the payments that shall be made pursuant to this Amendment and the
promises and agreements herein set forth.
1. This Amendment is supplemental to the Basic Contract,which is,by this reference,incorporated herein and
made a part hereof,and all terms,conditions,and provisions thereof,unless specifically modified herein,are
to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein.
2. The Basic Contract is and shall be modified, altered, and changed in the following respects only:
Page 1 of 4
a. Recital Number 1 shall be amended to read as follows:
Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund
Number 400, Function 3020, GL Acct.4231200011, WBS Element 14989.10.40, 14989.10.60, (Original Contract
Encumbrance Amount: $100,000.00, Amended Encumbrance Amount: $225,000.00 for a Total Contract
Encumbrance Amount of$325,000.00, ).
b. Exhibit C to the Basic Contract shall be removed and replaced in its entirety by Exhibit C-1,which
is attached hereto and incorporated herein by this reference. All references in the Basic Contract to
Exhibit C shall be removed and replaced by Exhibit C-1, as appropriate.
SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1). This contract shall not be deemed valid until it has been approved by the Colorado
State Controller or designee.
2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or
omission by Contractor,or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts) 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,protection,or other provisions,of the Colorado Governmental Immunity Act,CRS
24-10-101 et seq.,or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an
employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state.
Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant
to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless
contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall
have no authorization,express or implied,to bind the state to any agreement, liability or understanding,except as expressly set forth herein.
Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and
unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees
and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation,execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special
provision in whole or in part shall be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise.
Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract,to the extent that this
contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal
and State laws, rules, and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202(1)and 24-30-202.4. The State Controller
may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or
child support arrearages; (b) unpaid balances of tax,accrued interest,or other charges specified in Article 21,Title 39,CRS; (c)unpaid loans
due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation
Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced to judgment, as
certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this
contract shall be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable
licensing restrictions. Contractor hereby certifies that,for the term of this contract and any extensions, Contractor has in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph,the
State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of this
contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge,no employee of the
Page 2 of 4
State has any personal or beneficial interest whatsoever in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND
RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the
provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor represents,warrants,and agrees that it(i)has verified that it
does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social
Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CR5 8-17.5-
102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the
Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CR5 8-17.5-101 et seq.,shall
be cause for termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i)
is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-
76.5-101 et seq., and (Hi) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this
contract.
Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006
Page 3 of 4
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL R TER,JR.,GOVERNOR
BY BY OAP A10--�u.l(�r�_
Weld County Board of Commissioners For Executive Director
Legal Name of Contracting Entity Department of Transportation
5000210
CDOT Vendor Number
LEGAL REVIEW:
iti .t G�L-e JOHN W.SUTHERS,ATTORNEY GENERAL
Signature of Authorized Officer JUN 2 3 2008 /
William H. Jerke, Chair By //6 .! . P*(A/11/
Weld County Board of Commissioners
Print Name&Title of Authorized Officer
CORPORATIONS: P `f"j 1k11,7,„a`
(A c at sta quired.) . a ezAthrAttest(Seal) B U i Fe
Hf I t 151(Edi&VAhT{li4lltrtalli itaWIiiOXIVOI N) O � ; f available.)
De ty Clerk to theJBoard 6ll
ram
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller,or such assistant as he may delegate,has signed it. The contractor is not authorized to begin performance until the
contract is signed and dated below. If performance begins prior to the date below - e ate of Colorado may not be obligated
to pay for the goods and/or services provided.
ONTROLLER•
. CDERMOTT PA
Date 7 15"—OS
Page 4 of 4
;boo 8-17.S?
EXHIBIT C-1 FUNDING PROVISIONS
A. The Local Agency has estimated the total cost of the Project to be $2,021,000.00,
which is to be funded as follows:
BUDGETED FUNDS
a. Federal Funds $1,578,000.00
(80% of Participating Costs $1,972,500)
b. Local Agency Matching Funds $394,500.00
(20% of Participating Costs $1,972,500)
c. Local Agency Overmatch $48,500.00
TOTAL BUDGETED FUNDS $2,021,000.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(0% Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0.00
Non-Participating Costs (Including Non-Participating
Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $1,578,000.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $1,578,000.00
4 FOR CDOT ENCUMBRANCE PURPOSES
*Note- Only$275,000.00 in Design Funding is currently
available. Remaining funds and/or Local Agency Overmatch
will be added in the future either by Option Letter or
Amendment.
Total Encumbrance Amount ($1,578,000.00 divided by 80%)
$1,972,500.00
Local Overmatch Contribution $48,500.00
Net to be encumbered as follows: $2,021,000.00
WBS Element 14989.10.40 Design 3020 $275,000.00
WBS Element 14989.10.35 Const 3301 $1,661,000.00
WBS Element 14989.10.55 ROW 3114 $35,000.00
Exhibit C-1 —Page 1 of 2
P.
WBS Element 14989.10.60 Utility 3988 $50,000.00
B. The matching ratio for the federal participating funds for this project is 80%
federal-aid funds(CFDA#20 2050)to 20% Local Agency funds, it being understood
that such ratio applies only to the $1,972,500.00 that is eligible for federal
participation, it being further understood that all non-participating costs are borne by
the Local Agency at 100%. If the total participating cost of performance of the Work
exceeds $1,972,500.00, and additional federal funds are made available for the
project, the Local Agency shall pay 20% of all such costs eligible for federal
participation and 100% of all non-participating costs; if additional federal funds are
not made available, the local agency shall pay all such excess costs. If the total
participating cost of performance of the Work is less than $1,972,500.00, then the
amounts of Local Agency and federal-aid funds will be decreased in accordance
with the funding ratio described herein. The performance of the Work shall be at no
cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be
$1,578,000.00. For CDOT accounting purposes, the federal funds of$1,578,000.00
and local matching funds of $394,500.00 and Local Overmatch of $48,500.00 will
be encumbered for a total encumbrance of $2,021,000.00 unless such amount is
increased by an appropriate written modification to this contract executed before
any increased cost is incurred. *Note- Only $275,000.00 in Design Funding is
currently available Remaining funds and/or the Local Agency Overmatch will
be added in the future either by Option Letter or amendment. It is understood
and agreed by the parties hereto that the total cost of the Work stated hereinbefore
is the best estimate available, based on the design data as approved at the time of
execution of this contract, and that such cost is subject to revisions (in accord with
the procedure in the previous sentence) agreeable to the parties prior to bid and
award.
D. The parties hereto agree that this contract is contingent upon all funds designated
for the project herein being made available from federal and/or state and/or Local
Agency sources, as applicable. Should these sources, either federal or Local
Agency, fail to provide necessary funds as agreed upon herein, the contract may be
terminated by either party, provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the
effective date of such termination or which may occur as a result of such
termination.
E. The Local Agency understands and accepts that future reimbursement of the
Federal funding for the Project is contingent upon the FHWA making such funds
available to the State in future fiscal years, and to the budgeting of such funds by
the Transportation Commission for reimbursement to the Local Agency. The Local
Agency understands that the FHWA has not currently obligated all Federal funds
for the project. The Local Agency does not by this Agreement irrevocably pledge
present case reserves for payments in future fiscal years, and this Agreement is not
intended to create a multiple-fiscal year debt of the Local Agency.
Exhibit C-1 —Page 2 of 2
0
MEMORANDUM
WI I D TO: Clerk to the Board DATE: July 22, 2008
C.
FROM: Francie Collins, Public Works
COLORADO
SUBJECT: Original Signature Item for CTB Records and
For Recording; Doc # 2008-1758
Attached is the original signed Contract Amendment#1 with the State of Colorado for the Clerk to the
Board's records.
Enclosures
M:AFrancieAItemForRecording.doc
M: \Francie\ItemForRecording. doc
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