HomeMy WebLinkAbout20232983.tiffRESOLUTION
RE: APPROVE CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR
CONSTRUCTION SERVICES FOR COUNTY ROADS 66 AND 41 INTERSECTION
PROJECT FROM IHC SCOTT, INC., TO W.W. CLYDE AND COMPANY, 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, on November 14, 2022, the Board of County Commissioners of Weld County,
Colorado, approved an Agreement for Construction Services for the County Roads 66 and 41
Intersection Project (Bid #B2200115), on behalf of the Department of Public Works, and
IHC Scott, Inc., and
WHEREAS, IHC Scott, Inc., desires to assign the current Agreement for Construction
Services for the County Roads 66 and 41 Intersection Project to W.W. Clyde and Company, and
WHEREAS, the Board has been presented with a Consent to Assignment and Assumption
of Agreement for Construction Services for the County Roads 66 and 41 Intersection Project
among 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 former
owner, IHC Scott, Inc., and the new assignee, W.W. Clyde and Company, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Consent to Assignment and Assumption of Agreement for
Construction Services for the County Roads 66 and 41 Intersection Project among 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 former owner, IHC Scott, Inc., and the new
assignee, W.W. Clyde and Company, be, and hereby is, accepted and approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and accept said consent to assignment and assumption of agreement.
cc : pp(cHiga/Do/cu)
10/,20/23
2023-2983
EG0081
CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR CONSTRUCTION
SERVICES FOR COUNTY ROADS 66 AND 41 INTERSECTION PROJECT FROM IHC SCOTT,
INC., TO W.W. CLYDE AND COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W_,,e.2)cis) CG.( 444
Weld County Clerk to the Board
BY: in •WOV UJiZL
Deputy Clerk to the Board
APP' 0 ED RM:
County orney
Date of signature: �I 1Z1 Z3
Mike an, Chair
Perry
cots K. Jam
p
Saine
Pro-Tem
2023-2983
EG0081
Coryi-vuc-F t)tO451
MEMORANDUM
TO: Esther Gesick, CTB DATE: September 28, 2023
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: Assignment of CR 66/41 Intersection Contract from
IHC Scott to WW Clyde
Please place the attached ass' ent letter on the BOCC consent agenda. The County entered into a
construction contract for the C�and CR 41 Intersection project with IHC Scott on November 14, 2022.
On September 18, 2023, IHC Scott submitted the assignment letter requesting that contract be reassigned
to WW Clyde, a sister company of IHC Scott.
The assignment letter was reviewed by the BOCC in a pass around that was returned on September 27,
2023. Four of the five commissioners agreed with the recommendation to place the agreement on the
BOCC eonccnt agenda for an upcoming hearing for consideration. The original OnBase Contract ID is
6439 for the CR 66/41 Intersection Project.
I will attend the BOCC meeting to answer any questions the BOCC may have.
2023-2983
10/9 E G1003. i
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Request for Consent of Assignment of IHC Scott's Contract for the CR 66-41 Intersection Project
DEPARTMENT: Public Works — Engineering Division DATE: September 21, 2023
PERSON REQUESTING: Clay Kimmi, Don Dunker, Curtis Hall
Brief description of the problem/issue:
On November 14, 2022, Weld County entered into a construction contract for the CR 66 and CR 41 Intersection Project
with INC Scott. On September 18, 2023, INC Scott sent a letter requesting that the County sign a letter of consent
assigning the contract to W.W. Clyde and Company (WW Clyde). IHC Scott and WW Clyde are sister companies which
have merged to become known as WW Clyde, The merger between the companies is expected to be completed by
October 1, 2023. WW Clyde would then become responsible for the contract obligations that were previously the
responsibility of IHC Scott.
What options exist for the Board?
1. The Board can put the Consent of Assignment Letter on the agenda for consideration at an upcoming hearing.
2. The Board can ask for a work session to obtain more information prior to putting the agreement on the agenda for
an upcoming hearing.
Consequences:
Failure to allow the consent of assignment to be signed by the BOCC could lead to issues with the processing of the final
contract payment. The final contract payment is anticipated to occur in November of this year.
Impacts:
If the agreement is not signed and a portion of the costs are not paid, the project will be delayed and Public Works will not
be able to maintain its current project schedule.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Them are no additional cost associated with the assignment of the current contract to WW Clyde. The contracted amount
would not be increased. The contracted amount has been budgeted through the 2023 fiscal year.
Recommendation:
Public Works recommends option 1 which is to put the Relocation agreement on the BOCC agenda for an upcoming
hearing.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
Support Recommendation
Schedule
Pace on + C . - d - Work Session Other/Comments:
Contract Form
Entity Information
Entity Name *
W.W. CLYDE & CO
Entity ID*
@00047681
Q New Entity?
Contract Name* Contract ID
ASSIGNMENT OF CONTRACT FOR CR 66/41 7451
INTERSECTION PROJECT FROM IHC SCOTT TO WW
CLYDE
Contract Status
CTB REVIEW
Contract Lead*
CKIMMI
Contract Lead Email
CKimmi@co.weld.co.us
Parent Contract ID
6439
Requires Board Approval
YES
Department Project #
GR-45
Contract Description *
LETTER FROM IHC SCOTT REQUESTING THE COUNTY TO ASSIGN THE CR 66/41 INTERSECTION PROJECT
CONTRACT TO THEIR SISTER COMPANY, WW CLYDE.
Contract Description 2
IHC SCOTT AND WW CLYDE ARE MERGING INTO A SINGLE COMPANY THAT WILL BE OPERATING AS WW CLYDE
Contract Type * Department
AGREEMENT PUBLIC WORKS
Amount*
$0.00
Renewable
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department Email
CM-
PublicWorks@weldgov.co
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 10/05/2023
10/09/2023
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be
included?
NO
•
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
09/28/2023
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2023
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09/29/2023 10/02/2023 10/02/2023
Final Approval
BOCC Approved Tyler Ref #
AG 100923
BOCC Signed Date Originator
CKIMMI
BOCC Agenda Date
10/09/2023
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