HomeMy WebLinkAbout950755.tiffRESOLUTION
RE: APPROVE SUPPLEMENTAL CONTRACT FOR WELD COUNTY ROAD 392 PROJECT
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, the Board has been presented with a Supplemental Contract for the Weld
County Road 392 Project between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Public Works Department, and
the Colorado Department of Transportation, with terms and conditions being as stated in said
contract, 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 the Weld County Road 392 Project between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Public Works Department, 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 10th day of April, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY.
Deputy Clerk t the Board
APPROVED AS TO FORM:
hty Attorney
W. H. Webster
BOARD OF COUNTY COMMISSIONERS
COUNTY, C00RAD0
tsa� J. Kirkm�r,
GeorE. Baxter
FXCIJSFf f1ATF nF SIr;NINf; (AYF).
Conrt
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950755
EG0034
C 3921-003
BRIGGSDALE - SOUTH
(LUMP SUM)
Region 4/ LIB
SUPPLEMENTAL CONTRACT
THIS SECOND SUPPLEMENTAL CONTRACT, made this day of
, 19 , by and between the State of Colorado for the use and benefit
of the DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "the State", and
the COUNTY OF WELD, 915 10th Street, Greeley, Colorado 80632, hereinafter referred
to as "the Local Agency" or "the contractor",
WHEREAS, authority exists in the law and funds have been budgeted, appropriat-
ed 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, Reporting Category
Contract Encumbrance Number 10194 (Contract Encumbrance Amount $800,000.00); and
WHEREAS, required approval, clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, the State and the consultant have heretofore entered into a contract
dated December 3, 1993, and a first supplemental contract dated September 1, 1994,
hereinafter jointly referred to as "the basic contract" and made a part hereof by this
reference, which by its terms, is still in effect as of the above date and which provides
for design and construction for paving the 95 -mile unpaved section of former state
highway 392 south of Briggsdale in Weld County, Colorado; and
WHEREAS, the parties desire to amend the basic contract with respect to the
scope of work to provide for design and construction of the second construction phase;
and
WHEREAS, the State has determined and documented that, pursuant to
Paragraph 13. of the basic contract, the Local Agency has not exceeded the time for
performance of the basic contract; and
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950'755
WHEREAS, all work provided by the original contract and supplementals,
including this one, is within the scope of work originally advertised; and
WHEREAS, this contract is entered into pursuant to the provisions of Sections 29-
1-203, 43-1-106, and 43-2-144, C.R.S., as amended and pursuant to the attached resolution
from the Local Agency.
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 5. of the basic contract shall be amended by deleting the last sentence
and substituting therefore, "During State fiscal year 1996, this amount shall be
$800,000.00".
C. The Local Agency shall perform its duties hereunder as an independent contractor
and not as an employee. Neither the Local Agency nor any agent or employee
of the Local Agency shall be, or shall be deemed to be, an agent or employee of
the State, and they shall have no authorization, express or implied, to bind the
State to any agreements, settlements, liability, or understanding except as
expressly set forth herein. The Local Agency shall be responsible to the State for
the ultimate results of performance required hereunder, but shall not be subject
to the direction and control of the State as to the means and methods of
accomplishing the results. The specifications in this contract of particular
performance standards that the State deems essential to proper performance and
contract value shall in no event be deemed to alter this relationship. The Local
Agency shall pay when due all required employment taxes and income tax
withholding, including all federal and State income tax on any moneys paid
pursuant to this contract. The Local Agency shall provide and keep in force
worker's compensation (and show proof of such insurance) and unemployment
compensation insurance in the amounts required by law, and shall be solely
responsible for the acts of the Local Agency, its employees and agents. The Local
Agency acknowledges that the Local Agency and its employees are not entitled
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to the benefits of worker's compensation insurance or unemployment insurance
unless the Local Agency or a third party provides such coverage and that the
State does not pay for or otherwise provide such coverage.
D. The Local Agency 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 Local Agency and to bind the Local Agency to its terms.
E. The "Special Provisions" attached hereto are made a part hereof.
F. The Local Agency represents and warrants that it currently has no interest, and
shall not acquire any interest, direct or indirect, that would conflict in any manner
or degree with the performance of the consultants services under this contract.
The Local Agency further covenants that, in the performance of this contract, it
will not employ any person or firm having any such known interests.
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IN WITNESS WHEREOF, the parties hereto have executed this
contract on the day and year first above written.
STATE OF COLORADO
ATTEST: ROY ROMER, GOVERNOR
By ha Sea PA'
By
£ td,�e.W.C,
Chief Clerk Executive Dir@tor
DEPARTMENT OF TRANSPORTATION
APPROVED:
CLIFFORD W. HALL GALE A. NORTON
State Controller Attorney General
ATTEST: Lil
lln,,l,�1,L,JnCJ-
v
By K TO BOARD
Title WELD COUNTY CLERK TO BOARD
By
BARRY B. RYA
Assistant Attorney General
Natural Resources Section
WELD COUNTY
BY —04/10/95
CHAIRMAN, WELD COUNTY BOARD
Title OF COMMISSIONERS
Federal Employer Identification
Number: 84-6000813
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract 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. This
provision is applicable io any contract invols ing the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year arc contingent upon funds for that purpose being appropriated, budgeted.
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction- erection. repair. maintenance, or improvement of any building,
road. bridge. viaduct, tunnel, excavation or other public 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 State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
labor, materials, team hire, sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to he done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. 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 accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the 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 incurred as a result of any act or omission by the contractor, or its employees.
agents. subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, asamended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provision shall be contained in all Stare contracts or rub -contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex.
marital status, religion, ancestry. mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that
anpfoyees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, secrsumient or tecnsitment advertisingz layoffs or teminationz rates of pay or other forms of compensation: and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment.
notices to be provided by the contracting officer seeing forth provisions of this non-discrimination clause.
(b) The contractor will- in all solicitations or advertisements for employees placed by or on behalf of the contractor- state that all qualified applicants will
receive consideration for employment without regard to race, creed, color, national origin. sex. marital status, religion, ancestry, mental or physical handicap.
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding. notice to be provided by the contracting officer. advising the labor union or workers' representative of the contractor's commitment under the
Executive Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and Affirmative Action of April
16. 1975, and by the rules, regulations and Orders 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 Governor or his designee for purposes of investigation to ascenain compliance with such rules- regulations and orders.
le) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin. or ancestry.
(I) A labor organization. or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contractor any order issued thereunder; or attempt, either directly
or indirectly, to commit any act defined in this contract to be discriminatory.
Form 6 -AC -02B
Revised I/d3
395-53-01-1022_
par 1 of _y_ pares
(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 in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations. or orders promulgated in accordance therewith, or as otherwise
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 provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting
agency may direct, as a means of enforcing such provisions. including sanctions for non-compliance: provided. however- that in the event the contractor
becomes involved in. or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
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 of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in pan by State funds.
b. When a construction contract for a public project is to be awarded to a bidder. a resident bidder shall be allowed a preference against a non-resident bidder from
a'ram or fart inn country equal to the preference given or required by the state or foreign counts• in which the non-resident bidder is a resident. If it is determined by
the ,Ricer responsible for awarding the bid that comp!iance with this subsection Jul may cau,c denia: of federal funds which would otherwise he available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended. but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102)
GENERAL
7. 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.
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 extent that the
contract is capable of execution.
8. At all tines daring the performance of this contract- the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations 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) and CRS 18-8-401. et. seq., (Abuse of Public Office).
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein
WITNESS WHEREOF. the panics hereto have executed this Contract on the day first above written.
Contracto
-a
(Full Legal Name) w STATE OF COLORADO
ROY ROMER, GOVERNOR
Position (Title)
If Corporation:)
Attest (Seal)
By
Social Security Numre. or Federal I.D. Number
Corporate Sec ry. or Equivalent. Town/fay mry Clerk
ATTORNEY GENER
By
By
-e EXECUTIVE 0 CTOR
DEPARTMENT
OF
APPROVALS
CONTROLLER
By
Form 6.AC-02C
Revised 1/93
395-5101-1030
Pave 2 which is the last uf_2_ pages
1.4
COLORADO
To
From
mEmoRAMum
Clerk to the Board
Subject:
Date
Drew Scheltinga, County Engineer
April 3, 1t9,
m:?
C,y
Agenda Item
d,J
Please place the following item on the Board's next agenda:
"Supplemental Contract to WCR 392 Project"
The appropriate documentation is attached.
DS/fc:agendl
Attachments
cc: Commissioner Webster
950755
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