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Home My WebLink About20233075.tiffRESOLUTION RE: RETURN REIMBURSED FEDERAL SURFACE TRANSPORTATION BLOCK GRANT (STBG) FUNDS FROM COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT TO COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), AUTHORIZE CLERK TO THE BOARD TO SUBMIT ELECTRONICALLY, AND TERMINATE INTERGOVERNMENTAL AGREEMENT ENTERED INTO UNDER RESOLUTION #2020-2453, DATED AUGUST 8, 2020 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, by letter dated March 8, 2019, the North Front Range Metropolitan Planning Organization (NFRMPO) awarded Federal Surface Transportation Block Grant (STBG) Funds for Fiscal Year 2023 for the County Roads 74 and 33 Intersection Roundabout Project, to 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, in the amount of $1,091,818.00, and WHEREAS, on November 27, 2019, the Colorado Department of Transportation (CDOT) vetted said Surface Transportation Block Grant (STBG) Funds, and WHEREAS, on August 8, 2020, by Resolution #2020-2453, the Board of Weld County Commissioners approved the Intergovernmental Agreement for Improvements to County Roads 74 and 33 Intersection Roundabout Project, 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 (CDOT), contracted as STU C030-078 (23044), and WHEREAS, on December 21, 2022, the Board of Weld County Commissioners approved Bid #B2200139, for Construction Services of the County Roads 74 and 33 Intersection Roundabout Project, and awarded funds to Lawson Construction Company, in the amount of $9,210,800.00, and WHEREAS, the Colorado Department of Transportation (CDOT) reimbursed Weld County for Surface Transportation Block Grant (STBG) Funds, in the amount of $505,903.61, for limited project improvements, and WHEREAS, on January 11, 2023, the Board of Weld County Commissioners approved the Agreement for Construction Services for the County Roads 74 and 33 Intersection Roundabout Project 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 Lawson Construction Company, and WHEREAS, on September 19, 2023, the Department of Public Works deemed it necessary to provide Written Notice of Termination of the Agreement for Construction Services for the County Roads 74 and 33 Intersection Roundabout Project, due to material breaches of various terms and conditions of said contract by Lawson Construction Company, and C'C : CpoT /o/i7/w3 Po(cH /ER /K6 too), AcT(cPfco)c,t(8H) ►o/t 5123 2023-3075 EG0081 RETURN REIMBURSED FEDERAL SURFACE TRANSPORTATION BLOCK GRANT (STBG) FUNDS FROM COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT TO COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), AND TERMINATE INTERGOVERNMENTAL AGREEMENT ENTERED INTO UNDER RESOLUTION #2020-2453, DATED AUGUST 8, 2020 PAGE 2 WHEREAS, the Board has been presented with a request for the Return of Reimbursed Federal Surface Transportation Block Grant (STBG) Funds for the County Roads 74 and 33 Intersection Roundabout Project from 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, to the Colorado Department of Transportation (CDOT), in the amount of $505,903.61, and WHEREAS, after review, the Board deems it advisable to return said funds in the amount of $505,903.61, to the Colorado Department of Transportation (CDOT), and WHEREAS, after review, the Board deems it advisable to terminate said Intergovernmental Agreement for Improvements to County Roads 74 and 33 Intersection Roundabout Project, entered into under Resolution #2020-2453, dated August 8, 2020, 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 (CDOT), contracted as STU C030-078 (23044), and WHEREAS, the Clerk to the Board shall send a copy of this Resolution to the Colorado Department of Transportation (CDOT), Region 4 Local Agency Program. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Return of Reimbursed Federal Surface Transportation Block Grant (STBG) Funds for the County Roads 74 and 33 Intersection Roundabout Project from 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, to the Colorado Department of Transportation (CDOT), in the amount of $505,903.61, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Improvements to County Roads 74 and 33 Intersection Roundabout Project, entered into under Resolution #2020-2453, dated August 8, 2020, 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 (CDOT), contracted as STU C030-078 (23044), be, and hereby is, terminated. BE IT FURTHER RESOLVED by the Board that Esther Gesick, Clerk to the Board, be, and hereby is, authorized to electronically submit said Resolution. 2023-3075 EG0081 RETURN REIMBURSED FEDERAL SURFACE TRANSPORTATION BLOCK GRANT (STBG) FUNDS FROM COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT TO COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), AND TERMINATE INTERGOVERNMENTAL AGREEMENT ENTERED INTO UNDER RESOLUTION #2020-2453, DATED AUGUST 8, 2020 PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of October, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dettiwo w jeleo4 Weld County Clerk to the Board EnC9Cttorn.. iiCiA,LoTuk-- Deputy Clerk to the Board VED Te ORM: County Attorney Date of signature: i OI III I Z3 2023-3075 EG0081 North Front Range � 4 Metropolitan Planning ([l. Organization March 8, 2019 Dawn Anderson Development Review Manager Weld County 1111 H St Greeley, CO 80631 Dear Ms. Anderson: The North Front Range Metropolitan Planning Organization (NFRMPO) is pleased to notify you of the Surface Transportation Block Grant (STBG) award to Weld County for the Roundabout at WCR 74 and WCR33 project. The Scoring Committee reviewed and scored CMAQ and STBG applications for the NFRMPO FY2022- 2023 Call for Projects on January 8, 2019. The NFRMPO Planning Council approved the recommended projects on March 7, 2019. Recommended projects will be programmed in the FY2020-2023 Transportation Improvement Program (TIP). The NFRMPO Planning Council has approved your project as follows: Funding Prior to FY 2022 ' FY 2022 FY 2023 Total STBG $0 $0 $1,091,818 $1,091,818 Local $0 $0 $226,962 $226,962 Local Overmatch $200,000 $1,230,000 $1,953,423 $3,383,423 Total $200,000 $1,230,000 $3,272,203 $4,702,203 Project funds should be moved to obligation during the years programmed. As a recpient of funding through the NFRMPO Call for Projects, the project is subject to the NFRMPO TIP Project Delay Procedure as defined in the TIP Narrative. The next step is to contact the appropriate CDOT Project Manager to set up the initial project meeting. At the initial meeting your agency's Project Manager will need to provide their contact information, a copy of the project application, and Project Conceptual Plans (if applicable and available). The federal project funding process requires a significant amount of time to implement and complete; you are encouraged to engage with CDOT as soon as possible. Please remember the expenditure of any funds prior to fully executing the Intergovernmental Agreement (IGA) with CDOT may not be reimbursed and those funds are not eligible for inclusion in the IGA project budget. 419 Canyon Avenue, Suite 300 Fort Collins, Colorado 80521 (970) 221.6243 FAX: (970) 416.2406 2023-3075 10/1V) EC -1 OM Please contact Medora Bornhoft at (970) 416-2293 or mbornhoft(Bnfrmpo.org if you have any questions or concerns. Cordially, Suzette Mallette Executive Director End: Project Application Planning Council Resolution 2019-05 CC: Karen Schneiders, CDOT Region 4 Alana Koenig, CDOT Region 4 Jake Schuch, CDOT Region 4 Becky Karasko, NFRMPO Medora Bornhoft, NFRMPO Gary Carsten, Town of Eaton PUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY, CO 80632 970-304-6496, ext.3706 September 19, 2023 Lawson Construction P.O. Box 1318 Longmont, CO 80502 RE: WCR 33/74 ROUNDABOUT — SPEED MEMO #66 — STOP ALL WORK ORDER According to the terms and requirements of the Contract Documents, more specifically being Section 105.01 of the Specifications, Lawson Construction is hereby notified to cease all work associated with the construction project, as of 5:00 PM today. 0&..ab Michael Bedell, P.E. Senior Engineer 9/19/2023 PUBLIC WORKS DEPARTMENT 1111 H STREET, P.Q. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 Lawson Construction Company Attn: Kenneth T. Lawson, President Attn: Charles L. Lawson, Vice President lloyd@lawsonconstruction.com 1831 Boston Avenue #100 P.O. Box 1318 Longmont, CO 80502 September 19, 2023 RE: Written Notice of Termination of Agreement for Construction Services Between Weld County & Lawson Construction Company for the WCR 74/33 Roundabout Project Via Email and by Direct Delivery Dear Sirs: Weld County is providing formal written notice that the Agreement for Construction Services Between Weld County & Lawson Construction Company for the WCR 74/33 Roundabout Project, executed on January 11, 2023 ("the Agreement"), is hereby immediately terminated due to material breaches of the Agreement by Lawson Construction Company ("Lawson"), pursuant to provisions of Paragraph 4 thereof. The material breaches by Lawson include, but are not limited, the following: 1. The entire project was to have been completed within 250 calendar days from the Notice to Proceed date of January 16, 2023, unless otherwise extended by Weld County. As of 9/19/23, the time count is 250 calendar days plus 10 days granted for additional approved work, meaning the time for completion is 260 days. Today is 241 calendar days consumed out of 260, leaving 19 days from 9/19/23 remaining to complete this project, meaning the scheduled completion date is October 8, 2023. The project is currently at approximately 50% completion. Therefore, it is not now possible to complete the remaining project in 19 days. Weld County has not provided for extensions of time to complete this project and does not intend to do so. 2. Full closure of all four legs of the intersection was limited to the period from April 17, 2023, to August 14, 2023 (120 calendar days). It is now September 19, 2023, and the project is well beyond those dates with the intersection remaining closed. Liquidated damages for the closed intersection are currently being assessed at the rate of $7,800/day past the due date, which Weld County believes will not be paid (see Revision section 108.9 of contract documents). There is nothing to note delays in the entire project were due to unforeseeable causes or without fault or negligence of Lawson (See Revision of Section 107.17 in contract documents.) As noted above, Weld County has not granted extensions of time to complete this project beyond October 8, 2023, and does not intend to do so. 3. Payments to subcontractors have not been promptly made within 7 calendar days after receiving payment for that work from Weld County. The most recent progress check payment from Weld County was cashed by Lawson on August 23, 2023. Payments to subcontractors were to have been made by August 30, 2023, which is now 20 days past that deadline. The subcontractors have been looking to Weld County for relief. Weld County has reached out to Lawson without avail or response. (See Revision of section 109 Prompt Payment — in contract documents). 4. Weld County's Senior Engineer on this project has written 22 Speed Memos and Corrective Action Reports specifically associated with contract non-conformance issues since construction started in mid -January 2023. Weld County can no longer accept continual performance failures, which in turn cause significant delays in project completion and additional expenses. Weld County is mitigating its losses resulting from these breaches. Weld County now demands that Lawson immediately cease construction operations at the site, immediately pay all subcontractors for labor and materials they have provided to date, and remove all Lawson Construction equipment, materials, and personnel from the site. Additionally, pursuant to Paragraph 9 of our contract Agreement, Weld County requires all reports, data, plans, drawings, records, and computer files generated by Lawson in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, to be immediately returned to Weld County as they are the property of Weld County. (See Paragraph 9 of our contract Agreement) Be advised that the issuance of this notice and demand from Weld County does not constitute a waiver of any other rights, remedies, or legal recourse available to Weld County, pursuant to the terms of the Agreement and/or otherwise under Colorado law. Si rely, Curtis Hall, Director, Weld County Public Works Esther Gesick From: Sent: To: Cc: Subject: Attachments: Mike Bedell Wednesday, September 27, 2023 11:47 AM Elizabeth Relford; Byron Howell; Don Dunker; Curtis Hall Esther Gesick; Cheryl Hoffman; Bruce Barker RE: Termination Letter Stop Work Order and Notice of Termination of Agreement No I do not. I have the attached e-mail that was received by everyone addressed in the e-mail. Rodney Schneider hand - delivered the documents attached to the e-mail to the Lawson office in Longmont the afternoon of 9/19/23 but I don't have any signature of receipt of documents. From: Elizabeth Relford <erelford@weld.gov> Sent: Wednesday, September 27, 2023 11:40 AM To: Mike Bedell <mbedell@weld.gov>; Byron Howell <bhowell@weld.gov>; Don Dunker <ddunker@weld.gov>; Curtis Hall <chall@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Bruce Barker <bbarker@weld.gov> Subject: RE: Termination Letter Thanks Mike. Do you have record they signed for it on direct delivery too? Elizabeth From: Mike Bedell <mbedell@weld.gov> Sent: Wednesday, September 27, 2023 11:29 AM To: Elizabeth Relford <erelford@weld.gov>; Byron Howell <bhowell@weld.gov>; Don Dunker <ddunker@weld.gov>; Curtis Hall <chall@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Bruce Barker <bbarker@weld.gov> Subject: RE: Termination Letter See attached. From: Elizabeth Relford <erelford@weld.gov> Sent: Wednesday, September 27, 2023 11:26 AM To: Byron Howell <bhowell@weld.gov>; Mike Bedell <mbedell@weld.gov>; Don Dunker <ddunker@weld.gov>; Curtis Hall <chall@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Bruce Barker <bbarker@weld.gov> Subject: Termination Letter In order to have a paper trail for the justification in the resolution for returning the grant, I need to reference the termination letter that was discussed at yesterday's work session. Can someone please email a copy of it to me so we can get it in the communications record for Tyler? I would appreciate it. Thanks, Elizabeth Relford Deputy Director/CDBG Program Manager Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelford@weld.gov Office: (970) 400- 3748 Cell: (970) 673-5836 Web: https://www.weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Mike Bedell Tuesday, September 19, 2023 2:56 PM ken@lawsonconstruction.com; lloyd@lawsonconstruction.com; mark.m@lawsonconstruction.com; matt@lawsonconstruction.com Don Dunker; Curtis Hall; Ryan Axtman; Taylor Holmes; Rodney Schneider; Byron Howell; Bruce Barker; Karin McDougal; Reeves - CDOT, Bryce; Kyle Ralston - CDOT; michael.keen@state.co.us Stop Work Order and Notice of Termination of Agreement Lawson Contract Termination 9-19-23.pdf; Lawson Speed Memo #66 - Stop All Work Order.pdf Importance: High Please review the attached documents. Hard copies of the attached documents will be hand -delivered to your office at 1831 Boston Avenue, #100. Direct inquiries regarding the attached documents shall be made through the Weld County Public Works Director (Curtis Hall), or through the Weld County Attorney Office (Bruce Barker or Byron Howell). The Public Works Department anticipates that Lawson Construction will complete demobilization from the jobsite prior to October 1, 2023. MERCHANTS ELF BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING. INC. P.O. Box 14498 • DES MOINES. IOWA 50306-3498 • (800) 678-8171 • (.515) 243-3854 FAX EMAIL: sgates@merchantsbonding.com July 21, 2023 m 9� ti Weld County, Colorado 4t 1111 I1 St. PO Box 14498 Greeley CO 80632 Re: NCO 4157 Lawson Construction Company Longmont CO 89,210,800.80 The above referenced bond was issued on January 19, 2023 covering: WCR 74/33 roundabout Project, Bid No. B22000139 This is a routine request to help ensure that the project being performed by: Lawson Construction Company is being completed in a satisfactory manner. The easiest way to respond is online at hops://progress.merchantsbonding.coon'ngrrkb Or you can complete the form below and email mail or fax it to the address above - or call us and we will take your information over the phone. Thank you for your assistance. Underwriter Name Andi Black Title Contract Underwriter If the proiect is complete: Acceptance Date: ; Final Contract Price (including retention): $ If the project is not complete: Estimated Completion Date: � 4 %6 17..3 Approximate percentage complete: ik0 % .� Dollar Amount Paid to Date: $ t %. Total Dollar Amount of All Change Orders: $ 0 • Are you aware of claims for unpaid labor or material? El Yes $No If yes, please explain • Has work progressed satisfactorily? El Yes No If no, please explain: •NOT -4. VS TSBAAlliC, eskel:::A.A.A. Ii a!O(X'3 1064 1} . • Additional comments: Completed by: ,1 •E • Date: 103 ( Z Check here if you prefer we contact you (or someone else) by another method other than mail: Email — Please provide email address: Phone — Please provide phone number including area code:'g1O —3Ot —ert Fax — Please provide fax number including area code: Merchants Bonding Company (Mutual) and Merchants National Bonding, Inc. hereby releases the person supplying the information contained on this form from any and all liability whatsoever which might in any way result from the accuracy or inaccuracy of the information requested and supplied on this form. CON 0684 (2/15) Esther Gesick From: Sent: To: Cc: Subject: Attachments: Esther Gesick Tuesday, October 17, 2023 5:23 PM kyle.ralston@state.co.us; bryce.reeves@state.co.us; michael.keen@state.co.us; heather.paddock@state.co.us Elizabeth Relford; Esther Gesick 10/16/2023 Resolution - Return Reimbursed STBG Funds - CR 74/33 Intersection Roundabout Project 20233075.pdf Good afternoon, Please see the attached final Resolution signed by the Board of County Commissioners. Forward as necessary. Sincere regards, Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello