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Home My WebLink About940681 RESOLUTION RE: APPROVE SUPPLEMENTAL CONTRACT FOR WELD COUNTY ROAD 392 WITH COLORADO DEPARTMENT OF TRANSPORTATION AND AUTHORIZE CHAIRMAN 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, on July 11, 1994, the Board was presented with a Supplemental Contract for Weld County Road 391 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Works, and the Colorado Department of Transportation (CDOT), with terms and conditions being as stated in said contract, and WHEREAS, at its meeting on July 11, 1994, the Board deemed it advisable to continue said matter to July 25, 1994, to allow staff adequate time to make appropriate changes to said contract and have reviewed by CDOT, and WHEREAS, said contract was returned by CDOT and considered by the Board at its meeting on July 20, 1994, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Supplemental Contract for Weld County Road 392 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Works, and the Colorado Department of Transportation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D. , 1994. �� Leah BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNT , COLORADO Weld County Clerk to the Boaarrd I` i 0h^ V \/��[,/1 , n W H. Webster, C it BY: �I`-C.Y�.f� tnt Deputy erk to the Board Dale K. Hall, Pro-Te APPR AS TO FORM: EXCUSED ��, - Geo ge E. Baxter C��/i County Attorney Constance L. Harbert EXCUSED Barbara J. Kirkmeyer E6' 233 &, . Pa) 64MP 940681 q5- 09 ) C 3921-003 BRIGGSDALE - SOUTH (LUMP SUM) REGION IV SUPPLEMENTAL CONTRACT (THIS 1ST/ SUPPLEMENTAL CONTRACT, made this /aid day of �Q c_4;0 G- , 19 ,P77 , by and between the State of Colorado for the Gse and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as the contractor, or Local Agency, WHEREAS, 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 Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function '3300, Object 2312 1 N, Originating Unit , Contract Encumbrance Number 10194 [00) C (Contract Encumbrance Amount $800, 000) ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State and the Local Agency have heretofore entered into a contract dated December 3, 1993, hereinafter referred to as the basic contract and made a part hereof by reference, which by its terms, is still in effect as of the above date and which provided for design and construction for paving the 9.5 mile unpaved section of former state highway 392 south of Briggsdale in Weld County, Colorado; and WHEREAS, the parties have agreed to a change in project responsibility such that the Local Agency, rather than the State, will advertise the call for bids and contract for the construction portion of the work; and WHEREAS, said change in project responsibility results in required changes to the basic contract provisions concerning billing and payment of project funds; and -1- WHEREAS, the parties herein desire to amend the basic contract to reflect the changes in project responsibility and to provide for payment of State funds to the Local Agency for the construction portion of the work; and • WHEREAS, this contract is entered into pursuant to the provisions of 29-1-203, 43-1-110, 43-1-114, and 43-2-144, C.R.S. , as amended; and NOW, THEREFORE, it is hereby agreed that: A. The basic contract, unless specifically revised or amended herein, shall be and remain in full force and effect with respect to the contractual relationship between the parties hereto. B. Paragraph 2 . of the basic contract shall be amended by deleting the second sentence in its entirety and substituting therefor the following: "The State shall review the design. The Local Agency shall advertise the call for bids and award the construction contract (s) to the low responsible bidder(s) . " C. Paragraph 5. of the basic contract shall be amended by the addition of the following: "In the event such State funds are made available for construction, the State will provide to the Local Agency a lump sum payment equal to the amount of the available State funds upon notice from the Local Agency of award of the construction contract (s) . During State fiscal year 1995, this amount is $800, 000. " D. The first sentence of Paragraph 6. of the basic contract shall be amended to read: "The Local Agency shall use any funds provided by the State for the sole purpose of design and construction for paving the subject 9.5 miles of (former) SH 392. " E. The second, third, and fourth sentences of Paragraph 8 . of the basic contract shall be deleted in their entirety. -2- 940681 F. The contractor represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the contractor and to bind the contractor to its terms. G. The "Special Provisions" attached hereto are made a part hereof. - -3- 940681 5 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO ATTEST: ROY ROMER, GOVERNOR BY ,� Y ief Cle ecutive irector DEPARTMENT OF TRANSPORTATION APPROVED: CLIF ORD W. HAL GALE A. NORTON Stat Controlle Attorney eral By By BARRY B. RYAN Assistant Attorney General Natural Resources Section ATTEST /�nG� _ _�/ WELD COUNTY, COLORADO BY7f��yj+uoJ zu//1� // i[ �yA BY 0 X/M epu y C e o oar /4tter 0 2 /94 Chairman, Weld County Board Title Weld County Clerk to Board Title of Commissioners —4- 940681 • rEmORAnDum Bruce Barker To County Attorney AgiDate July 14. 1994 COLORADO From anarge A Cicoff r Subject: cnrrlemental ngrPoma with ctata_Hwy 197 We are transmitting here with the revised Supplemental Contracts to address our concerns regarding the receiving of the full allocation made for this project. After you review, please forward on to the Board of County Commissioners for their final consideration. If you recall, this matter was postponed two weeks and we have had an unexpected rapid response from the State. Perhaps the Board could considerate it as early as next week. :Hwy392.mem cc: Road File 392 940661 mEmoRAnDum To hue : � CpUidT rCLER Clerk to the Board Jul ' "5 19 j_94 COLORADO From George Cicoff • TO THE BOARD Subject WCR 392 Construction Project After the review by the County Attorney, please schedule consideration of the supplemental contract and other attachments for approval and execution by the Board. The reasons for the supplement to the contract was stated by Mr. Kessenich's cover letter of June 30, 1994. cc: Commissioner Kirkmeyer File: WCR 392 GC/fc:kessenic n9-*0,6�41 940681 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ,_ I OT Region4 G 1420 2nd Street P.O.Box 850 Greeley,Coloiado 80632-0850 (303)353-1232 C 3921-003 Briggsdale-South Subaccount 10194 June 30, 1994 Mr. George Cicoff Public Works Director Weld County P.O. Box 758 Greeley, CO 80632 Dear Mr. Cicoff: Enclosed for your review and action are four executory copies of supplement #1 of the contract for the above referenced project. One copy is for your review or comments prior to signing the supplement. You may keep one copy for your files until you receive the fully executed supplement. Three copies of the supplement are to be signed by the person authorized to sign for the County. Do not date the first page of the supplement. Attach the Local Agency resolution to each supplement. If the resolution contains a dollar amount, such amount shall not be less than the amount of the Local Agency's contribution as shown in the supplement. Return three signed copies of the supplement to John Kessenich for state action. One copy of the fully executed supplement will be returned for your files. This supplement is necessary because the project was advertized and awarded by the County rather than by the State. It also fixes the authorized payment limit to the County to the amount of the construction contract. If you have any questions, please call me 350-2147. Thank you. Sincerely, n E. essenic Project Engineer JEK/cm Enclosures cc: D. Rames Davis/Elmquist Central Files File via McKee 940661 SPECIAL PROVISIONS CONIFROBLER'S APPROVAL I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State ofWotorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2.IrltmnciiImhiigations of the State of Ceseradwpmyable after the current fiscal year an contingent upon fends for that purpose being appropriated,budgeted. and iherwfe made available. BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvaaieat of any building. fohtbridge.viadwn,tunnel.excavation or mhatipalblic work for this State.the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the Sees official who will sign the contract,a good and sufficient bend or other aaeapeable suety to be approved by said Elkin in a penal sum not less than ens-halfmi the total amount payable by the terms of this contract.Such bond shalt be duly executed by a qualified corporate se conditioned upon the Dinka pedeemsaarg$Se cowman and in addition.shall provide that if the contractor or his subcontractors fail to duly pay for any lamanefiate.team hire.suateasace,prmviaimra.psveador or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any parson VS supplies rental machinery,tools.or equipment in the pwmeunon of the work the surety will pay the same in art aatoum rot exceeding the sum specified is dials .together with interest at the rate of eight per cent per wtum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be meepted in lieu of a bond.This provision is in compliance with CRS 38.26-106. INDEMNIFICATION 4.4o thd'eate t authorized by law,the contest shall indemnify,save.and hold harmless the State.its employees and agents,against any and all claims. dihriges,Ilabiliry-and Bonn Wank inpkNial apt expenses,and attorney fees incurred as a result of soy am or omission by the contractor,or its employees. art,sublto meemta,or assignees perms to dampens of this contract . DISCRIMINATION AND AFFIRMATIVE ACTION S 4iha...lmstea agrees to caply with the1Mlppad spirit of the Colorado AntidisesimitlatiOn Act of 1957.as amended,and other applicable law respecting damiminmion and unfair employment pranks a 24-34-402),and a require by Ibises Order,Equal Opportunity sdAfbmmFe.Action.dated April 16, 1975,Purace t thereto,the following provisionatthl be contained fa dl State assets or sob-conwora. During the performance of this connect.thensaeactor agrees as follows: (spa Tbatconuactor will not diseriatinam whost any employee or applicant for employment because of race,creed,color,national origin,sex. Marital'suns,tension,aeaem2.nu*o led heudiap,orgy Ti .ritraetbr will W fulrw Ulm affirmative anion to insert Et applkmm as employed,and that moployss as treated owing empbymma, regard to the above sewed dwateristics.Such S shall include but not be limited to the following: upgrading.demotion,or eta mfr.. eel imtem or recruitment dverddtage la➢eRs or terminating rata of pay at cots forms of capon "c and , stakes lbr training,including appendant*lire contractor agrees to poet in conspicuous places.available to employees and applicants for employment. • Melees to be provided by the contracting ofRowamting forth provisions of this non.discimination clause. (b)The contractor will,in all solicitations or°>ilvertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employmentuilbmiullud to race,creed:color,national origin,sex,marital states,religion.ancestry,mental or physical handicap. or age. (d)The•eontaetor will send to each labor 540n or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice to be provided by the castling officer,advising the labor union or workers'representative of the contractor's eommitmeu f under the Ekecutive Order.Equal Opportunity and Affirmative Action,dated April 16. 1975.and of the rules,regulations,and relevant Orders of the Governor. (4)The contractor and labor unions will furs*all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orden of the Governor,or pursuant thereto.and will permit:access to his books.records,and accounts by the contracting agency and the office of the Comps or his designee for purposes of investigation to ascertain compliance with such rules.regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual horn membership in such labor organization ordiscriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color. Mx,national origin.or ancestry. (n A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce Me doing of any act defined in this contract to be discriminatory or obstruct or prevent any petal.from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly or indirectly,to commit any act defined in this strict to be discriminatory. • Fenix 6-AC_02B noised 1/93 M943-oi-11,22 page_1_ of 1__ pages 940681 4 (g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations.or orders, this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or orders promulgated in accordance therewith,and Such other sanctions as may be imposed and remedies as may be invoked as provided is EeeMotiv!e Ornfrt, Equal Opportunity and Affirmative Action of Avail 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherw be provided by law. (h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such previsions until be binding upon each subcontractor or vendor.'lesontractor will take such action with respect to any sub-contracting or purchase order as the c entracal agency may direct,as a means of enforcing such provisions.including sanctions for ran-compliance;prelekled,however,that in the event these ntraclor becomes involved in.or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,thesontraelor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a.Provisions of CRS 8-17-101& 102 for preference 4 Colorado labor are applicable to this contract if public works within the State are undenakea hereunder and are financed in whole or in part by State funds. b.When a construction contract for a public projeeait•to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident kidder free a ream or foreign country equal to the preference gimping required by the state or foreign country in which the no 'resident bidder is a resident.If it is demeaned reed.by, the officer responsible fur awarding the bid that compliance with This subsection.06 may cause denial of federal hands which would otherwise be available or would otherwise be inconsistent with requirements of Fedesal.pw,this subsection shall be suspended,bat only to the extern necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requiremene;(CRS 8-19-101 and 102) GENERAL 7.The laws of the State of Colorado and roles and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this contract.Any provision of this contract whether or as issorporated herein by reference which provides for arbitrate by any catm-judicial body or pets or which is otherwise in conflict with said laws,rules,and residences shall be considered null and void.Nothing contaiseits.aay provision incorporated herein by mf which purports to negate this many other special provision in whole or in part shall be valid or enforceable or avdlab*Sis any action at law whether by ways jeaN4'a4M • defence-or otherwise.Any provision-rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the eat st that tltie contract is capable of execution. 8.At all times during the performance of this tomeset..the Contractor shall strictly adhere to all applicable federal and saw laws,Mee,and regulates.that have been or may hereafter be established. 9.The signatories aver that they are familiar with CRS 18-8.301,et.seq..(Bribery and Corrupt Influences)sad arts 18-8-401,et.seq.,(Abuse of AeWe Offlee). and that no violation of such provisions is present. 10.The signatories aver that to their knowledge.sate employee has any personal or beneficial interest wanderer in the service or property described bersit wnwESs WHEREOF-the parties hereto have mated this Contract on the day first above written. • Contrecta . (Full Legal Name) . STATI OP COLORADO ROY ROMER,GOVERNOR By •S ExaCSITIVE Position(Title) • Social Security Number or Federal D.Haw DEPARTMENT If Corporation:) OF Attest(Seal) By Corporate Secretary.or Equivakm.TowalCi _ Clerk APPROVALS ATTORNEY GENER CONTROLLER By By Form 6-AC-02C Page which is the last ofd_ pages Revised I/93 395-53.01-1030 Mr 940681 Hello