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Home My WebLink About20083113.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT #4 FOR ENERGY AND MINERAL IMPACT ASSISTANCE 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 Contract Amendment#4 to the Energy and Mineral Impact Grant for the Weld County Courtroom Remodel Project 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, commencing upon full execution, and ending June 30, 2009, 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 the Contract Amendment#4 to the Energy and Mineral Impact Grant for the Weld County Courtroom Remodel Project 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 26th day of November, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: --Le- ( L L W 'am H. Jerke, Chair Weld County Clerk toQhe Robert . asd ro-Tem Deputy Clerk o the Board W 'am F. Garcia APPROVED" 8l David E. Long ounty Attorney c- N, 104, ' e9 vV-fp-A Douglas Rademmaa her Date of signature: / /C6/7 2008-3113 F10047 November 24, 2008 Don Warden, Finance Director Weld County P.O. Box 915 10th Street Greeley, CO. 80631 RE: EIAF #5476 - Weld County Courtroom Remodel Dear Mr. Warden: Attached is a copy of the contract amendment for the above-referenced Energy/ Mineral Impact Assistance project. If the contract is satisfactory to the Town as written, please send three signed copies of the amended contract, signed and dated by an authorized signator on page 4 (original signatures). An attesting signature and seal are no longer required as of June 2, 2008. Please send the three signed copies of the amendment and the enclosed routing memo to: Department of Local Affairs Field Services Section ATTENTION: Ms. Diane Von Dollen 1313 Sherman Street, Room 521 Denver, CO 80203 If you have any questions, please call Don Sandoval, in Loveland at (970) 679-4501, or me at (303) 866-4058. Sincerely, Bret Hillberry Contract Specialist Denver Field Services Department of Local Affairs &a,37- 3//5 MEMORANDUM TO: Diane Von Dollen THROUGH: Don Warden, Finance Director FROM: Bret Hillberry DATE: November 24, 2008 RE: Contract Approvals FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED): RE: EIAF #6279 - 5476 - Weld County Courtroom Remodel Contract Amendment#4 \/ Contractor's Federal I.D.# on file with Accounting Form sent to Contractor to complete Monitor: Don Sandoval • EIAF#5473 -Weld County Courtroom Remodel Agency or Department Name Local Affairs Department or Agency Number NAA Contract Routing Number CONTRACT AMENDMENT # 4 THIS AMENDMENT, made this IS3- day of ecz,,,,Io,Er 20 O , by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 hereinafter referred to as the State, and the Board of County Commissioner's, Weld County, 915 10111 Street. Greeley, Colorado 80631 hereinafter referred to as the contractor. FACTUAL RECITALS Authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment; and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated September 9, 2006, for remodeling of the second floor of the old county jail. The purpose for this amendment is described below. 1) In compliance with State requirements, the purpose of this amendment is to include insurance provisions. 2) An extension to the contract is also requested to complete the project. The intention of this amendment is to extend the contract and insert new contract language. NOW THEREFORE, it is hereby agreed that Consideration for this amendment to the original contract, routing number 00404 encumbrance number F07S5473, dated September 9, 2006 consists of the payments which shall be made pursuant to this amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this amendment is supplemental to the original contract, as amended, routing numbers # 01451, 00912 & 01926 referred to as the "original contract," which is. by this reference, incorporated herein, that 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. 3. It is agreed the original contract is and shall be modified, altered, and changed in the following respects only: a. Insert the following after item#21: "22. Insurance. 22.1 The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the following kinds and amounts: Page I of 4 EIAF#5473 -Weld County Courtroom Remodel a. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the 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. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision. c. Automobile Liability Insurance covering any auto (including owned, hired and non- owned autos)with a minimum limit as follows: $1,000.000 each accident combined single limit. 22.2 The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies(leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado. 22.3 The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the State by certified mail. 22.4 The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers. 22.5 All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State. 22.6 The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the State may request in writing. and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section. Page 2 of 4 EIAF#5473 -Weld County Courtroom Remodel 22.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act").the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall show proof of such insurance satisfactory to the State." b. Time of Performance: "Time of Performance" is modified by deleting"December 31, 2008" and inserting new"June 30, 2009". 4. The effective date of this amendment is upon approval of the State Controller or November 22 2008, whichever is later. 5. 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 original contract, the provisions of this amendment shall in all respects supersede. govern, and control. The "Special Provisions" shall always be controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 6. 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. Page 3 of 4 EIAF#5473 -Weld County Courtroom Remodel THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * 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 BOARD OF COUNTY COMMISSIONER'S,WELD Bill Ritter,Jr., GOVERNOR COUNTY,COLORADO William H. Jerke By: Name of Authorized Individual DEPARTMENT OF LOCAL AFFAIRS Chair Title: Official Title of Authorized Individual --1.r._J.-'/"ty' By: *Signature san . Kirkp trick, x cutive Director Date: 11/26/2008 Date: /z 11D PRE-APPROVED FORM/ CONTRACT REVIEWER By: ( 1 r'/-z-z `-2=l Name of Pre-Ap///ppproved Form Contract Reviewer Date: A)//cr 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 David J. McDermott,CPA Rose Marie Auten, Controller Delegate Date: / in.1IcOcY Revised June 2,2008 Page 4 of 4 4OJ —- , EIAF#5473—Weld County Courtroom Remodel EXHIBIT Cl Contract Routing# Q\q'Jtc Encumbrance# F0755473 APPR 127 GBL 7303 CFDA# N/A Unilateral Amendment# 3 of Energy and Mineral Impact Assistance Grant Between Colorado Department of Local Affairs and Board of County Commissioners County of Weld, 915 Tenth Street, Greeley, Colorado 80631 State Executed Contract Modifications (use state signature page only) A. Modifications to Contract Boilerplate None B. Modifications to Exhibit A, Scope of Service. Time of Performance: "Time of Performance is modified by deleting "June 30, 2008 " and inserting in lieu thereof" December 31, 2008". All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Amendment# 3 and all previous amendments. Both parties also expressly understand that this Amendment# 3 is incorporated into the Original Contract. Reviewed by: Department of Local Affairs —1-'111/Li Pre-approved Form Contract Reviewer S i an E. Kirkpatri k, E cu Director Date: (p ALL CONTRACTS MUST BE APPROVED BY THE STAT 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, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: David J. McDermott,(CPPA J \mac By . e Marie uten, Controller artmen .f Local Affairs Date: 617-7 h EIAF #5473—Weld County Court Remodel • • EXHIBIT Cl Contract Routing# O\`\S\ Encumbrance#fon6 5`\13 Vendor#CAb Fp[f0i6\3 re, (for Remit Address) APPR Vd:1 GBL `\SDI CFDA# N/A Unilateral Amendment# 1 of Energy and Mineral Impact Assistance Grant Between Colorado Department of Local Affairs and Board of County Commissioners County of Weld, 915 Tenth Street, Greeley, Colorado 80631 State Executed Contract Modifications (use state signature page only) A. Modifications to Contract Boilerplate None B. Modifications to Exhibit A, Scope of Service. Time of Performance: "Time of Performance is modified by deleting "June 30, 2007 "and inserting in lieu thereof" December 31, 2007". All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Amendment# 1 and all previous amendments. Both parties also expressly understand that this Amendment# 1 is incorporated into the Original Contract. Reviewed by: Department of Local Affairs CN i U6lc C Pre-approved Form Contract Reviewer Susan E. Kirkpatri , E ecu e irector Date: ALL CONTRACTS MUST BE APPROVED BY THE STA E 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, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Leslie M. Shenefelt By rt Q LtJ1Ce. , Marie Au Controller partment of Loc Affairs Date: (NI O s/O 1 Hello