HomeMy WebLinkAbout960614.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT CONTRACT FOR CDBG WITH COLORADO
DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIR TO SIGN -
BRIDGE #50/67A
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 the First Amendment Contract for the
Community Development Block Grant for Bridge#50/67A between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado
Department of Local Affairs, 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 First Amendment Contract for the Community Development Block Grant
for Bridge#50/67A between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Colorado Department of Local Affairs 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 10th day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COLORADj
\ PAWL ; �U 4: Prc•
/7J
�SM4'u \fv arbar J. Kirkmeyer, Chair O
1861 ��S�,c�n ty Clerk to the Board
�� ' ` /
� rge .i �Baxter, P�Te
°V i put J o the Board
Dale K. Hall
APP D AS TO FO
Constance L. Harbert
ounty Attor
W. H. Je ster
pc : F/ 960614
FI0022
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
Form 6-AC-021(8 5/85)
/-3`fq
CDBG 94-965
FIRST
AMENDMENT
CONTRACT
THIS CONTRACT, made this //T1day of (tel- �-f l 192¢, by and between
the State of Colorado for the use and benefit of the Department'of Local Affairs, 1313 Sherman Street,
Denver, Colorado 80203, hereinafter referred to as the State, and Weld County, Colorado, hereinafter
referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumber balance thereof remains available for payment in
Fund Number 2DO Appropriation Code , Org. No.F ° Y' , Contract Encumbrance
C
NumbeiC1 3S'f9C, ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,ihe State and the Contractor have previously entered into a Contract dated February
28, 1995, with Contract Routing Number 95-296, and Contract Encumbrance Number CD854965,
hereinafter referred to as the Original Contract, for the expenditure of Community Development Block
Grant("CDBG") funds for public facility/infrastructure improvements in support of National Hog Farms,
Inc. ("the Firm"); and
WHEREAS, the parties hereto now deem it necessary and desirable to amend the Original
Contract in order to reflect these changes in Exhibit A, Scope of Services.
NOW THEREFORE it is hereby agreed that:
(Revised language will appear in bold type face)
1. Provision 1.(B.)(2.)(a.) on Page 1 of 4 pages of Exhibit A of the Original Contract are
amended to read as follows:
2. The CDBG grant shall assist with the following infrastructure improvements:
a. replacement of an existing substandard bridge on Weld County Road Fifty
(50)east of the intersection with Weld County Road Sixty-Seven A(67A).
The proposed bridge will span approximately 360' across the South Platte
River. The bridge will be constructed of three 120' spans. The project
Page 1 of 4 Pages
includes realignment and construction of approach roadway sections. The
total length of the project is 6,350 feet. The construction of the roadway
will provide for 24' wide, 3" thick hot layed bituminous concrete
pavement with 6' wide crushed aggregate shoulders. The asphalt will be
placed on a 6" thickness of Class 6 aggregate base course on the
constructed fill and subgrade; and
2. Provision 1.(B.)(5.) on Page 2 of 4 pages of Exhibit A of the Original Contract are
amended to read as follows:
5. Contractor shall maintain written evidence of Contractor's project leveraging.
Such documentation shall be in the amount of Nine Hundred Fifty Thousand and
No/100 Dollars ($950,000) from Colorado Counties, Inc. (approved through the
Special Bridge Fund Account by the Colorado Transportation Commission) and
Two Thousand Five Hundred and No/100 Dollars ($2,500) from Weld County.
Such funds shall be utilized toward infrastructure improvements (documented by
invoices and corresponding reimbursement checks as applicable). Such project
leveraging shall be utilized to replace a substandard bridge as described in Special
Condition 2.a., Exhibit A.
Land is not being acquired for this project; therefore, acquisition requirements
shall not apply.
3. Provision 1.(B.)(12.) on Page 3 of 4 pages of Exhibit A of the Original Contract are
amended to read as follows:
12. In the event total project funds are less than One Million Three Hundred
Twenty-Four Thousand and No/100 Dollars ($1,324,000), funds for project
costs shall be reduced proportionately from all funding sources.
4. Provision 1.(D.) on Page 3 of 4 pages of Exhibit A of the Original Contract are amended
to read as follows:
D. Budget.
Uses: Sources: Amount:
Infrastructure improvements CDBG* $ 365,000
COLORADO COUNTIES, INC.** $ 950,000
CONTRACTOR** $ 2,500
Administration CDBG $ 6.500
TOTAL $1,324,000
*See Specific Provision B.2.a. of this exhibit for further definition.
**See Specific Provision B.5. of this exhibit for further definition.
All other terms of the Original Contract shall remain in full force and effect.
Page 2 of 4 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1.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 to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are 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 be 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, as amended, and other applicable law respecting
discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affimtative Action,dated April 16,
1975.Pursuant thereto,the following provisions shall he contained in all State contracts or sub-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
employees 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, recruitment or recruitment advertisings; lay-offs or terminations; 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 setting 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 hooks. records, and accounts by the
contracting agency and the office of the Governor 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
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.
(f) 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 contract or 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 1/93
395-53-01.1022
4
page— of pages
(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 arc applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part 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 state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by
the officer responsible for awarding the hid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be 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 times during 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 18.8-101.et.seq.,(Bribery and Corrupt Influences)and CRS I8-8-401.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.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) f/1 �� }g,/��G1�i-r=°' �-� STATE OF COLORADO
Barbara 'rkneyer, Ch rsodi ROY RO R, GOVERNOR
Weld County By
`S EXECUTI .DIRI C R
Position(Title) Chairperson, Weld County Commissioners \��•v��JJ
84-6000813
social Security Number or Federal I.D.Number DEPARTMENT (_Malfal rs
If Corporation:) e r
OF
Attest(Seal) S % •
By
rponie Secretary,or q vale Town/CiN/Counly lerk
APPROVALS
ATTORNEY GENER ) • CONTROLLR�� ��� a
CONTROI ER
By tt07 /era! By t _
tYtfAo
'chard nington
Point 6-AC-02C Assistant ornP.J 9enan8gC 4 which is the last of 4 pages
Revised 1/93 -
J95-SJ-01-1030 State Senlc-as Se Cy 'See instructions on reverse side.
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