HomeMy WebLinkAbout20233074.tiffRESOLUTION
RE: RETURN FEDERAL SURFACE TRANSPORTATION BLOCK GRANT (STBG) FUNDS
FROM COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT
BACK TO NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION
(NFRMPO), AND AUTHORIZE CLERK TO THE BOARD TO SUBMIT
ELECTRONICALLY
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, the Colorado Department of Transportation (CDOT) vetted said Surface
Transportation Block Grant (STBG) Funds and contracted as STIP ID Number: SNF5788.049,
and
WHEREAS, on June 15, 2022, by Resolution #2022-1668, the Board of Weld County
Commissioners approved an Intergovernmental Agreement for Contribution for Roadway
Improvements for the County Roads 74 and 33 Intersection Roundabout Project between 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 Town of Eaton, for the North Front Range
Metropolitan Planning Organization (NFRMPO) local match funds in the amount of $22,696.00
towards the completion of the project, and
WHEREAS, the Town of Eaton agrees to satisfy terms of said Intergovernmental
Agreement by contributing their local match funds towards the Project regardless of the return of
said Surface Transportation Block Grant (STBG) Funds, 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, on January 11, 2023, the Board of Weld County Commissioners approved
an 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
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2023-3074
EG0081
RETURN FEDERAL SURFACE TRANSPORTATION BLOCK GRANT (STBG) FUNDS FROM
COUNTY ROADS 74 AND 33 INTERSECTION ROUNDABOUT PROJECT BACK TO NORTH
FRONT RANGE METROPOLITAN PLANNING ORGANIZATION (NFRMPO)
PAGE 2
WHEREAS, the Board has been presented with the request for Return of 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 North
Front Range Metropolitan Planning Organization (NFRMPO), and
WHEREAS, after review, the Board deems it advisable to return said funds in the amount
of $1,091,818.00, to the North Front Range Metropolitan Planning Organization (NFRMPO), and
WHEREAS, the Clerk to the Board shall send a copy of this Resolution to the North Front
Range Metropolitan Planning Organization (NFRMPO).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Return Federal Surface Transportation Block Grant (STBG)
Funds, in the amount of $1,091,818.00, from the County Roads 74 and 33 Intersection
Roundabout Project Back to the North Front Range Metropolitan Planning Organization
(NFRMPO), be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that Esther Gesick, Clerk to the Board, be,
and hereby is, authorized to electronically submit said Resolution.
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: da,fm, (A
Weld County Clerk to the Board
)ecr4 . aicvuo
Deputy Clerk to the Board
APP' • • . D ORM:
y Attorney
1o),`, I3
Date of signature:
Mi. - eeman, Chair
01(4
Per L. Bu k, Pro-Tem
tt K. James
D. Ross
SED
Saine
2023-3074
EG0081
^North Front Range
Metropolitan
Wra�'� Planning
p 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:
P for to Y
Funding
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
2023-3074
10/K0 E�oo7sl
Please contact Medora Bornhoft at (970) 416-2293 or mbornhoftPnfrmpo.org if you have any questions
or concerns.
Cordially,
i r
/I/
Suzette Mallette
Executive Director
End: Project Application
Planning Council Resolution2019-05
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.
Michael Bedell, P.E.
Senior Engineer
9/19/2023
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. 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 - COOT;
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.
MERCHANT�S�
BONDING COMPANYr.
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
Weld County, Colorado
o le 1111 H St.
PO Box 14498
Greeley CO 80632
Re: NCO 4157
Lawson Construction Company
Longmont CO
$9,210,800.80
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 Constriction Company
is being completed in a satisfactory manner.
The easiest way to respond is online at nttpsa/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 project is complete:
Acceptance Date: ; Final Contract Price (including retention): $
If the project is not complete:
Estimated Completion Date: vi4 61Z"3
Approximate percentage complete: yO %
Dollar Amount Paid to Date: $ Lt"1 4 t % •
Total Dollar Amount of All Change Orders: $ O
• Are you aware of claims for unpaid labor or material? O Yes rigNo
If yes, please explain
• Has work progressed satisfactorily'? Yes re4No
If no, please explain: Q%4. 'ScAkel'o.A,.lc msoor s 11110441*
• Additional comments:
Completed by: , rT •E • Date: qb
_ 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: crto-30t en5O
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 5:25 PM
rkarasko@nfrmpo.org; smallette@nfrmpo.org
Elizabeth Relford; Esther Gesick
10/16/2023 Resolution - Return STBG Funds - CR 74/33 Intersection Roundabout
Project - NFRMPO
20233074.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.
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