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Home My WebLink About20022860.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT#1 FOR REPLACEMENT OF BRIDGE ON WELD COUNTY ROAD 27 (83RD AVENUE) OVER SHEEP DRAW 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#1 for the replacement of a bridge on Weld County Road 27 (83rd Avenue) over Sheep Draw 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, with 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#1 for replacement of a bridge on Weld County Road 27 (83rd Avenue) over Sheep Draw 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 28th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS /� WELD COUNTY COLORADO ATTEST:�� ' J .n Vaad, hair Weld County Clerk to thec-c'q ��. avid ng, Pro-Tem BY: Deputy Clerk to the Board �►� e{f.. M. J. Geile APPR ED AS TO 'CC? kA.-1-49 Willia Jerke unt r y rV j Robert D. Masden Date of signature: 2002-2860 L'C' /71O EG0046 MEMORANDUM rt1t, LHH- : TO: Clerk to the Board DATE: October 21, 2002 FROM: Frank B. Hempen, P.E. P Jr., WIlDDirector of Public Works/County Engineer CSUBJECT: Agenda Item COLORADO Please submit the enclosed item for the Board's next agenda: Amendments to the original contract between Weld County and the Colorado Department of Transportation for Bridge No.27/58A over Sheep Draw. The bridge replacement is being funded with a Federal BRO Grant. The original contract did not allow for the right-of-way costs to be funded out of the grant. This amendment will include right-of-way costs as part of the federal participation; therefore, 80%of the total right-of-way costs will be paid out of the grant and 20% will be paid by Weld County. Enclosed are four original contracts. As soon as possible after Board approval, please send three originals to Wayne Howard, Public Works, for distribution to CDOT. The appropriate documentation is attached. Enclosures: Four Original Contract Amendments #1 pc: Wayne Howard, P.E., Project Manager Mona Weidenkeller, Public Works Bridge 27/58A file M:\W PFI LES\Francie\AGENDA-I.wpd 2002-2860 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Contracts and Agreements Unit,4th Floor may I OT 4201 E.Arkansas Avenue re Denver,CO 80222 (303)512-4008 Date: October 9, 2002 To: Wayne Howard From: Mike Adams, Agreements Unit Subject: Amendment to CDOT contract with routing number 01 HA4 00087 for project BRO C030-021 Enclosed are four(4) amendments to the basic contract for Project BRO C030-021. Please have three (3) signed, attested, and forwarded to Mike Adams at the address above. Do not date the first page of the amendment; it will be dated when the State Controller signs the amendment. Please keep one copy of the amendment for the Weld County and when the final signature is on the contract, a fully signed amendment will be forwarded to the County. If you have any questions, please call me at(303) 512-4008. Thank you, Mike BRO C030-021; (13363) CMS ID: 01-177-A0001 Weld County/R-4 (MAA) Routing No. 03 HA4 00041 CONTRACT AMENDMENT #1 THIS CONTRACT, is made this 7 day of ,N,vb ,20W-,by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as "the State" or "CDOT" and WELD COUNTY, 1111 H Street, P.O. Box 758, Greeley, CO 80632, FEIN 846000813, hereinafter referred to as "the Local Agency", or 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 of project and Local Agency costs in Fund 400, Appropriation Code 010, Contract Encumbrance Number 13363, (Contract Encumbrance Amount for this Amendment: is $941,990.00 for Function 3301, Phase C)and($5,000.00 for Function 3114,Phase R)(for a total encumbrance of$946,990.00)and; Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract on June 28,2001 (contract routing number 01 HA4 00087) referred to herein as the "basic contract"; and The basic contract provided for the funds to design the bridge replacement at 83`d Avenue (Weld County Road 27) over Sheep Draw, in Weld County, Colorado, referred to therein as "the work"; and The basic contract is still in effect and CDOT desires to modify the contract by written supplemental contract; and The parties now desire to supplement or amend the basic contract so that Weld County may purchase the needed ROW with federal participation in accordance with the CDOT Right of Way Manual; and NOW THEREFORE, it is hereby agreed that 1. Consideration for this Amendment to the basic contract consists of the payments which shall be made pursuant to this Amendment and the promises and agreements herein set forth. 1 2. It is expressly agreed by the parties that this Amendment is supplemental to the basic contract,which is,by this reference,incorporated,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. 3. It is agreed the basic contract is and shall be modified, altered, and changed in the following respects only: a. FACTUAL RECITALS, shall be amended as follows: 1. Paragraph 1, of the Factual Recitals of the basic contract shall be deleted and a new Paragraph 1 shall be substituted therefore which shall read as follows: 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 of project and Local Agency costs in Fund Number 400, Appropriation Code 010, Organization Number 9991, Program 2000, Functions 3020, 3114, and 3301 Object 2312 1P,Phase D,R, and C Reporting Category 4220, Contract Encumbrance Number 13363, (Contract Encumbrance Amount is $261,991.00 for Function 3020,and$5,000.00 for Function 3114,and$941,990.00 for a total encumbrance of$1,208,981.00); and b. All references to "Exhibit C" in the basic contract shall be revised to "Exhibit Cl" 4. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment or any of its attachments or exhibits, and any of the provisions of the basic contract, this Amendment shall in all respects supersede, govern and control. The "Special Provisions" shall always be controlling over other provisions in the contract amendments. The factual representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 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. 6. THIS AMENDMENT SHALL NOT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSISTANT AS HE MAY DESIGNATE. 2 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS GOVERNOR WELD COUNTY BOARD OF COMMISSIONERS By Legal Name of Contracting Entity For the Exe Executive irector Department of Transportation 846000813 FEN# L-t.� LEGAL REVIEW: Signature of Authorized Officer KEN SALAZAR,ATTORNEY GENERAL • Glenn Vaad Chair 1O 28 21O2riel i�+� .1For�ic tt en al W Ili Print Name&Title of Authorized Officer A Attest: ' ( ,° A I 0.411/4::'/A Attest(Seal)By Deputy Clerk to tt.'>4¢',Ar - v 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 goods and/or services provided. STATE CONTROLLER: ARTHUR L.BARNI-IART By, /tote C ag-t. �pf the State Controller qq Date �f0(2-.v �t y .)OC> p- Revised:12/1/01 3 2Ov.2 L2at o • EXHIBIT Cl FUNDING PROVISIONS A. The Local Agency has estimated the total cost the Work to be$1,374,000.00 which is to be funded as follows: BUDGETED FUNDS a. Federal Funds - based on $1,333,981.00 $1,067,185.00 $ 80% of Participating Costs b. Local Agency Matching Funds $266,796.00 20% of Participating Costs c. Local Agency Matching for CDOT-Incurred Non-Participating $40,019.00 Costs and Participating Costs (Including Non-Participating Indirects) TOTAL BUDGETED FUNDS $1,374,000.00 ESTIMATED CDOT-INCURRED COSTS ($20,000) I a. Federal Share $16,000.00 80% of Participating Costs b. Local Share Local Agency Share of Participating Costs $4,000.00 Non-Participating Costs (Including Non- $2,000.00 Participating Indirects)(1c) Estimated to be Billed to Local Agency $6,000.00 TOTAL ESTIMATED COOT-INCURRED COSTS $22,000.00 ESTIMATED PAYMENT TO LOCAL AGENCY r a. Federal Funds Budgeted (1a) $1,067,185.00 b. Less Estimated Federal Share of CDOT-Incurred $16,000.00 Costs (2a) TOTAL ESTIMATED PAYMENT TO LOCAL AGENC $1,051,185.00 FOR CDOT ENCUMBRANCE PURPOSES Total Encumbrance Amount ($1,051,185.00 divided $1,313,981.00 by 80%) Less ROW Acquisition 3111 $105,000.00 Net to be encumbered as follows: $1,208,981.00 4 Design 2312 1P 3020 $261,991.00 Const 2312 1P 3301 $941,990.00 ROW 2312 1P 3114 $5,000.00 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 $1,333,981.00 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 $1,333,981.00, 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 $1,333,981.00,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 $1,051,185.00, (For CDOT accounting purposes, the federal funds of$1,051,185.00 and local matching funds of$262,796.00 will be encumbered for a total encumbrance of $1,313,981.00), unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. 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 5 relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. 6 T MEMORANDUM DEPARTMENT OF TRANSPORTATION ]1 EC —9 JJc 7 Center for Procurement 9: 5 1,01.‘ • O 4201 E.Arkansas Avenue,Room 150 Denver,Colorado 80222 n'� -.. ... ^•,,•,"""•" ,•,"'"•••^�" FAX(303)757-9889 r '[ L DATE: December 5, 2002 TO: Weld County PO Box 758 Greeley, CO 80632 SUBJECT: Amendment to Purchase ROW Please find enclosed a copy/original of the referenced contract for your records. NOTE: WORK SHALL NOT COMMENCE UNTIL A WRITTEN NOTICE TO PROCEED HAS BEEN ISSUED BY THE COLORADO DEPARTMENT OF TRANSPORTATIONS REPRESENTATIVE. Copies/original of this contract have been distributed this date to the following: • CDOT Files • Business/Headquarters Staff Manager • Vendor/Government agency • CDOT Representative Sincerely, Karen Castanon Bid and Contract Clerk Center for Procurement Services (303) 757-9236 Hello