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Home My WebLink About20053561.tiff RESOLUTION RE: APPROVE AMENDMENT #1 TO THE CONTRACT FOR IMPROVEMENTS TO INTERSECTION OF STATE HIGHWAY 257 AND WELD COUNTY ROAD 74 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 Amendment #1 to the Contract for Improvements to the Intersection of State Highway 257 and Weld County Road 74 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 Amendment#1 to the Contract for Improvements to the Intersection of State Highway 257 and Weld County Road 74 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 7th day of December, A.D., 2005. BOARD OF COUNTY COMMISSIONERS I . / �•� ELD COUNTY, COLORADO ATTEST: LS� / an •� -/r' " 7 452 ' m H. J 7e, Chair Weld County Clerk to the Bo. . * , 3 /.:✓, BY: Al 1 1 „tit i 2qd -,J e D uty erk to the Bard CS, Day' E. L ng V APPR QED AS \\ i Robe D. Masden aunty Attorney 7 ��i �� i Glenn Vent Date of signature: 121771(1G 1G5 2005-3561 EG0052 ('C . I�(,J C,3c MEMORANDUM WI Ilk TO: Clerk to the Board DATE: November 2812005 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engin a-r SUBJECT: Agenda Item Amend Contract between Weld County and CDOT for Doc # 2005-2592, Colorado Project No.. STA 2571-009, SH 257&CR 74,Intersection Improvements 14905. The amendment is required to change the source of funding and encumbrance amount described within the contract. Originally, CDOT was entering into a separate IGA with the towns of Severance and Windsor for reimbursement funds,whereas it benefits the projects construction schedule for Weld County to enter into these IGA's with the towns of Severance and Windsor. Attached are four original Contract Amended#1 Documents. Upon Board approval,please send three originals to Public Works for forwarding to CDOT. pc: Wayne Howard, Project Manager Mona Weidenkeller M:\Francie\Agenda-2.doc • 2005-3561 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ^ . O� Region Four 3939 Riverside Parkway,Unit A ia_eamm Evans,CO 80620 r (970)506-4949 Fax(970)339-9530 DEPARTMENT OTRANSPORTATION November 28, 2005 ITECEGVIED , _ 11 NON 28 2005 Wayne Howard 1111 H Street WELD COUNTY PUBLIC WORKS DEPT P.O. Box 758 Greeley, CO 80632-0758 RE: Contract Amendment between Weld and CDOT Colorado Project No.: STA 2571-009, SH 257 & CR 74, Int. Impvts, 14905 Dear Mr. Howard: Please find enclosed four executory copies of a contract amendment for the above captioned project. Please have all three copies sined, att sted, and sealed. Attach a copy of either the appropriate ordinance or resolution apprroirig the contract. When completed, keep one copy for your records and forward the remaining three copies with the ordinance orxeselution-to me. I will hand deliver these to Denver, so please call when completed. ^'1 74 1rci When this amendment is received, CDOT will prepare a funding letter to reduce the amount of funds payable to Weld. Please contact me if you have questions. Thank you, i � /� %�0l 1(iG k6P4 Robin Stoneman Project Manager 970-506-4952 Cc: File "Taking Care To Get You There" 388 STA 2571-009, 14905 06 HA4 00049 Weld County/Region 4/(LML) CMS ID 06-039-A0001 [Original Routing Number 06 HA4 00025] CONTRACT AMENDMENT #1 }} THIS AMENDMENT, made this n Cdr � day of I c� 20 ©t„ by and between the State of Colorado for the use and benefit of the COLO O DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the WELD COUNTY, STATE OF COLORADO, PO Box 758, Greeley, Colorado 80632, FEIN 846000813 B, 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; in Fund 400, Approp. 010, Org. 9991, Prog. 2000, Func. 3301, Obj. 2312 IP, Phase C, Reporting Category 4510, (the original contract encumbrance amount was $1,135,266.00; and this amendment #1 will decrease the encumbrance; CONTRACT ENCUMBRANCE AMOUNT of Amendment#1 is $0.00); and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The State and Local Agency entered into a basic contract dated September 30, 2005 (Contract Routing Number 06 HA4 00025) for construction of intersection improvements at State Highway 257 and Weld County Road 74 in Weld County, Colorado the purpose for this amendment is described below. The basic contract is still in effect and provides for changes to its terms and conditions by written supplemental contract; and The parties now desire to amend the Basic Contract to increase the Local Agency's contribution to the project and amend the corresponding project funding provisions for the work; and This Amendment is executed under the authority of Sections 29-1-203, 43-1-106, 43-2- 104, and 43-2-144 C.R.S., as amended. AIM 1111111111 111111111111 11111111 III 111111111 IiII 3355388 01/17/2006 01:13P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page t or v -1605---3 S-‘ NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original contract dated September 30, 2005 (Contract Routing Number 06 HA4 00025) for construction of intersection improvements at State Highway 257 and Weld County Road 74 in Weld County, Colorado 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 Routing Number 06 HA4 00025 dated September 30, 2005, referred to as the "original 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 original contract is and shall be modified, altered, and changed in the following respects only: a. Paragraph 1 under Factual Recitals shall be deleted and replaced with the following new Paragraph 1: 1. 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, Appropriation Code 010, Organization Number 9991, Program 2000, Function 3301, Object 2312 1P, Phase C, Reporting Category 4510, Contract Encumbrance Number 14905, (Contract Encumbrance Amount: $790,000.00). b. Paragraph B of Section 4, Project Funding Provisions, of the original contract shall be deleted and replaced with the following new Paragraph B: B. The State and Local Agency have estimated the total contribution for the work to be$790,000.00 which is to be funded as follows: a. CDOTFunds $290,000.00 b. HES Federal Grant $500,000.00 Total Funds: $790,000.00 c. Paragraph C of Section 4, Project Funding Provisions, of the original contract shall be deleted and replaced with the following new Paragraph C: C. The maximum amount payable by the State under this contract shall be $790,000.00, unless such amount is increased by an appropriate written HUH 11111111111111111111111111111111 �� 11111 �� 4 3355388 01/17/2006 01:13P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 4. The effective date of this amendment is the made date described in the first paragraph of this Amendment or upon approval of the State Controller, 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. 11111111111111111111111 11111111111 1 1111 III 1111111111111 3355388 01/17/2006 01:13P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 4 • THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT LOCAL AGENCY: STATE OF COLORADO: BILL OWENS,GOVERNOR WELD COUNTY By C,, Legal Name of Contracting Entity For Exec e Director Departm-Ir of Transportation 846000813 B Social Security Number or FEIN �L e Signature of Authorized Officer William H. Jerke, Chair Print Name&Title of Authorized Officer 12/07/2005 / /,� CORPORATIONS: Aft IEL`�``` (A corporate seal or attestation is required.) A 'a' Miedue4 _ ,. fir, X0 ? Seal here.) Attest(Seal)By dl t 1 Qbl • Lfk Deputy Clerk to the Board IIIIII Bing 111111111111 1111111111 III 11111 IIII IIII 3355388 01/17/2006 01:13P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Effective: August 1,2005 Page 4 of 4 cfe ‘e-" ,Kit MEMORANDUM CTO: Clerk to the Board DATE: January 9, 2006 • COLORADO FROM: Francie Collins SUBJECT: Item for Recording The original agreement attached has been fully executed by the State of Colorado and is being submitted for recording--Document No. 2005-3561. Enclosures pc: Wayne Howard, Public Works M:\Francie\covecdoc MEMORANDUM DEPARTMENT OF TRANSPORTATION I /fry Center for Procurement R '� �T 4201 E.Arkansas Avenue, Room 150 Denver,Colorado 80222 JAN onuTMEVT Tw .Tnna. FAX(303)757-9669 — 9 2006 WELD COUNTY PUBLIC WORKS DEPT January 5, 2006 TO: Mr. Wayne Howard, PE Weld County P.O. Box 758 Greeley, CO 80632 SUBJECT: Project#: 14905 Please find enclosed your copy or (original) of the referenced contract. NOTE: WORK SHALL NOT COMMENCE UNTIL A WRITTEN NOTICE TO PROCEED HAS BEEN ISSUED BY THE COLORADO DEPARTMENT OF TRANSPORTATION\ 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, Tiffany Gallegos Center for Procurement And Contract Services (303) 757-9785 Hello