HomeMy WebLinkAbout20081947.tiff RESOLUTION
RE: APPROVE CONTRACT AMENDMENT #1 FOR RECONSTRUCTION OF BRIDGE
NO. 27/66A OVER GREELEY CANAL #2 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. 27/66A over the Greeley Canal#2, 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. 27/66A over
the Greeley Canal #2, 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 14th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 41.41,���f v3� �; _s ; "1—,;- I le-
Wilerke Chair
Weld County Clerk toth o. f`
_ i `I
r k Robert . IV{arsa Pro-Tem
BY: /
Deputy Clerk the Boar• C
William F. Garcia
APPROVED AS T FORM: EXCUSED
L-�
/ ' David E. Long
Ceuiat�j Attorney �-
;1� D uglas ademach r
Date of signature:
2008-1947
(10 : PC/Li ( r-� �S ) EG0058
MEMORANDUM
TO: Clerk to the Board DATE: July 10, 2008
C.
FROM: Wayne Howard, County Engineer/CIP, Public Works
COLORADO
SUBJECT: AGENDA ITEM
CDOT Contract Amendment #1 for Bridge 27/66A Replacement over the Greeley Canal #2
Enclosed are three original Contract Amendment#1 documents. Please return all three originals to
Public Works.
M:\Francie\Agenda Wayne Iioward.doc
2008-1947
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
RE: CDOT Contract Amendment#1 for Bridge 27/66A Replacement over the Greeley Canal #2
DEPARTMENT: PUBLIC WORKS DATE: 7/01/08
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 27/66A in 2006. Public
Works has requested the total budgeted funds for this project be decreased to allow for the Thompson River
Bridge 13/54A budget to be increased by a similar amount. The total budgeted funds will become
$1,034,000.00, which is a decrease of($350,000.00) to the original amount. The BOCC recently approved a
budget increase Contract Amendment for Bridge 13/54A.
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 the County not fully utilizing the Federal-Aid funds related to the replacement
of two bridges in Weld County. 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 and ensure the Federal-Aid funds are fully utilized.
Approve Schedule
Recommendation Work Session Comments
William H. Jerke, Chair
Robert D. Madsen, Pro-Tem
William F. Garcia P
David E. Long
Douglas Rademacher
Attachments: Contract Amendment and CDOT Cover Letter
M:\Active Projecis\Bridge 27-66A\Design\Contracts\CDOT\Work Session Request CDOT.doc
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Contracts and Market Analysis Branch IF; 'OT
4201 East Arkansas Avenue,4th Floor
Denver,Colorado 80222 immommememilme
Telephone:(303)757-9736
Facsimile: (303)757-9868
June 26,2008 JUN 2 ° 20`Ja
Wayne Howard
Weld County
P.O. Box 758
Greeley, Colorado 80652
RE: Amendment#1 —WCR 2575/Greeley Canal#2 Bridge Reconstruction
Enclosed please find three executory copies of the above referenced contract between Weld County and
the Colorado Department of Transportation.
PLEASE MAKE SURE EACH DOCUMENT IS SIGNED BY THE APPROPRIATE
INDIVIDUAL HAVING THE AUTHORITY TO EXECUTE SUCH AGREEMENTS ON
BEHALF OF THE COUNTY. ADDITIONALLY,PLEASE HAVE THAT PERSON'S
SIGNATURE ATTESTED BY AN INDIVIDUAL AUTHORIZED TO DO SO,AND HAVE THE
COUNTY CLERK SEAL AFFIXED TO EACH DOCUMENT. (The purpose of the attestation is to
certify that the individual signing the agreement has the authority to sign the agreement on behalf of the
County.)Return all three original copies to my attention.
Please do not date the first page of the contract.
Please call me at(303)757-9291 if you have any questions or if I can be of further assistance.
Sincerely,,
Randy duns"
Cont cting Officer
(FMLAWRK) 09 11A4 00016
PROJECT BRO C030-030,(14655) SAP ID 271000272
Region 4,(rp)
CONTRACT AMENDMENT #1
THIS AMENDMENT, is made this 3/ day of , 2001, by and
between the State of Colorado for the use and benefit of the Colorado D ailment of Transportation,
hereinafter referred to as the"State", and the WELD COUNTY,P.O. Box 758, Greeley, Colorado
80632,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 15, 2007, routing number 07 HA4 00058,
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 for bridge reconstruction at Weld County
Road 2575 (WCR 2575) at Greeley Canal#2 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 to revise the funding by modifying
Recital 1 and Exhibit C as well as updating the Special Provisions; 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
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:
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
Element14655.10.40,(Encumbrance:Basic Contract-$100,00.00,this Amendment-$70,000.00,Total
Contract Encumbrance Amount: $170,000.00).
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.
c. The Special Provisions to the Basic Contract shall be removed and replaced in its
entirety by the following:
SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL.CRS§2430-202(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 ImmunityAct,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.
2
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. VENDOR OFFSET.CRS§§24-30-202(1)and 24-30-202.4.[Not Applicable to Intergovernmental Agreements]The State Controller
may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for:(a)unpaid child support
debts or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS§39-21-101,et.seq.;(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 certified by the State Controller as owing to the State as a result of final agency determination
or judicial action.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive OrderD 00200.No State or other public funds payable underthis 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
State has any personal or beneficial interest whatsoever in the service or property described in this contract.
10. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer,issuance,
or sale of securities,investment advisory services or fund management services,sponsored projects,intergovernmental
agreements, or information technology services or products and services]Contractor certifies,warrants,and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under this contract,through
participation in the E-Verify Program or the Department program established pursuant to CRS§8-17.5-102(5)(c),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(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment
screening of job applicants while this contract is being performed,(b)shall notify the subcontractor and the contracting State agency
within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work
under this contract,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program,Contractor shall deliver to the contracting State agency,institution of higher education or political subdivision a
written,notarized affirmation,affirming that Contractor has examined the legal work status of such employee,and comply with all of
the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS§8-
17.5-101 et seq.,the contracting State agency,institution of higher education or political subdivision may terminate this contract for
breach and,if so terminated,Contractor shall be liable for damages.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS§24-76.5-101.Contractor,if a natural person eighteen(18)years of
age or older,hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the
United States pursuant to federal law,(b)shall comply with the provisions of CRS§24-76.5-101 et seq.,and(c)has produced one
form of identification required by CRS§24-76.5-103 prior to the effective date of this contract.
Revised May 13,2008
3
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL ER,JR.,G V OR
By t1v(AlCt — s—�—
Weld County For Executive Director
Legal Name of Contracting Entity Department of Transportation
5000210
CDOT Vendor Number
LEGAL REVIEW:
i-7;1- >7 JOHN W.SUTHERS,ATTORNEY
GENERAL JUL 1 4 2008
Signature of Authorized Officer
By tQ1
William H. Jerke, Chair �
Print Name&Title of Authorized Officer
CORPORATION J r. .� —�
(A corporate at atio '/*d 11.(H! G; i9.,
ATTEST: �[� a
Clerk ay) the $gard � n
Attest(Seal)By i,�Li/,d, f (, _v Of p,, Y 4.
(Corporate S retary or Equivalent,or Town/City/ *u, �e 1 � Ip.cc Corporate Seal here,if available.)
llitt
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,the State of Colorado may not be obligated to pay for the good 'd/or services provided.
S `rs CONTROLL .•
D• 'II/ CDE I ,CP•
.7
Date 7
4
02,08- /9517
• , EXHIBIT C-1 FUNDING PROVISIONS
A. The Local Agency has estimated the total cost the Work to be $1,034,000.00 which is to be
funded as follows:
1 BUDGETED FUNDS
a. Federal Funds $794,400.00
(80% of Participating Costs)
b. Local Agency Matching Funds $198,600.00
(20% of Participating Costs)
c. Local Agency Overmatch $41,000.00
TOTAL BUDGETED FUNDS $1,034,000.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(0% of 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) $794,400.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $794,400.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount($794,400.00
divided by 80%) $993,000.00
Plus: Local Agency Overmatch $41,000.00
Less: ROW Acquisition 3111 and/or ROW
Relocation 3109 $0.00
Net to be encumbered as follows: $1,034,000.00
Note: Only the design funds of
$170,000.00 are available at this time; the
remaining$864,000.00 will become
available after Federal authorization of the
Construction phase.
WBS Element 14655.10.40 Design 3020 $170,000.00
WBS Element 14655.O.O Const 3301 $0.00
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 $993,000.00 ($794,400.00 Federal Funds and $198,600.00 Local Agency
Matching Funds)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 $993,000.00, 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 $993,000.00, 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$794,400.00
(For CDOT accounting purposes,the federal funds of$794,400.00, local matching funds of
$198,600.00 and the Local Agency Overmatching funds of$41,000.00 will be encumbered
for a total encumbrance of$1,034,000.00),unless such amount is increased by an appropriate
written modification to this contract executed before any increased cost is incurred. Note:
Only the design funds of$170,000.00 are available at this time; the remaining
$864,000.00 will become available after Federal authorization of the
Construction phase. 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.
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Center for Procurement Services I• P OT
4201 E.Arkansas Avenue,Room 150
Denver,Colorado 80222
(303)757-9236 orPARTvrvr n TOARMIOIITATIM
August 4, 2008
I �
Wayne Howard I AUG - 5 2008 _.1
Weld County _
PO Box 758
_1 __ -- r ?T
Greeley, CO 80632 L--
RE: Amendment Contract No.: 09 HA4 00016
Original Contract No.: 07 HA4 00058
Project No.: Amendment
Dear Wayne Howard:
Enclosed is the original, fully-executed contract amendment referenced above. Please contact the
contract Project Manager regarding any question on this amendment.
Sincerely,
�.r
Patricia Barron
Procurement Agent
Enclosure
MEMORANDUM
CTO: Clerk to the Board DATE: August 5,2008
•
COLORADO FROM: Francie Collins, Public Works
SUBJECT: Original Signature Item for CTB Records and
For Recording; Doc #2008-1947
Attached is the original signed Contract Amendment#1 with the State of Colorado for the Clerk to
the Board's records.
Enclosures
M:AFrancieAtemForRecording.doe
M: \Francie\ItemForRecording.doc
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