HomeMy WebLinkAbout20073685.tiff RESOLUTION
RE: APPROVE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT FOR COUNTY ROAD 2 (PHASE II) 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,the Board has been presented with an Energy and Mineral Impact Assistance
Program Grant Contract for County Road 2 (Phase II) 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 Finance and Administration, and the Colorado Department of Local Affairs,
commencing upon full execution of said contract,with further 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 Energy and Mineral Impact Assistance Program Grant Contract for
County Road 2 (Phase II) 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 Finance and
Administration, and 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 contract.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 10th day of December, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: ) I� � .//
/( vi . Long, Chair
Weld County Clerk to the Board i86 t
ate �,i 4, i H. Jerl Pro-Tem
BY: 2 ° )
Deputy Clerk rk to to t the Board c_:, , / /
- Willi F. Garcia
APPR� • . O F�RM: F.
Robert D. Masden
my Attorney n
Dougl s Radem her
Date of signature: 1/7/O6
2007-3685
FI0045
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December 3, 2007
Mr. Don Warden
Director of Finance
915 10th Street
Greeley, CO 80631
RE: EIAF 46017 —Weld County Road 2 — Phase II
Dear Mr. Warden:
Attached is a copy of the contract for the above-referenced Energy/Mineral Impact
Assistance project. If the contract is satisfactory to the County as written, please send
three shined copies of the contract, signed and dated by the Chairman of the Board of
Commissioners, on page 8 of 8 pages (original signatures). An attesting signature by the
County Clerk and an attesting seal are also required on each copy. If you do not have a
seal, please include a brief letter stating that fact.
Please send the three sinned copies of the contract along with the routing memo
(below) to:
Department of Local Affairs
Field Services Section
ATTENTION: Ms. Diane Von Dollen
1313 Sherman Street, Room 521
Denver, CO 80203
If you have any questions, please call Don Sandoval, in Loveland at (970) 679-4501, or
me at (970) 248-7313.
Sincerely,
Lydia Reynolds
Contract Specialist
Grand Junction Field Services
Department of Local Affairs
2007-3685
MEMORANDUM
TO: Diane Von Dollen
THROUGH: Don Warden, Director of Finance
FROM: Lydia Reynolds
DATE: December 3, 2007
RE: Contract Approvals
FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED):
RE: EIAF #6017 —Weld County Road 2 — Phase II
Contractor's Federal I.D.# on file with Accounting
Form sent to Contractor to complete
Monitor: Don Sandoval
Don Warden
From: Sue Schneider[sue.schneider@state.co.us]
Sent: Monday, December 03, 2007 3:13 PM
To: Don Warden
Cc: Don Sandoval
Subject: #6017-Weld County Road 2-Phase II
Attachments: 6017++.pdf; 6017 E-memo.pdf
Pi Poi
6017++.pdf(96 6017 E-memo.pdf
KB) (10 KB)
Don,
Hi! To expedite the contracting process, please send a short reply to this e-mail to
confirm you received the documents. Please be sure to read the memo first.
Attached is the contract for #6017-Weld County Road 2-Phase II. Also attached is the memo
with a routing memo on page two of that file.
Thanks !
Sue
Sue Schneider
General Professional II
Colorado Department of Local Affairs
222 S. Sixth Street, Room 409
G.J. , CO 81501
Work: 970-248-7311
Fax: 970-248-7317
sue.schneider@state.co.us
www.DOLA.Colorado.Gov
1
EIAF#6017 —Weld County Road 2—Phase II
Contract Routing ut # NAV\
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CFDA#N/A
GRANT CONTRACT
ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM
THIS CONTRACT, made 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, or the Department,
and the Board of County Commissioners, County of Weld,915 10th Street, Greeley, Colorado 80631, 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 unencumbered balance thereof remains available for encumbering and subsequent payment
of this Contract in Fund Number 152 , Appropriation Code Number 127 , Org. Unit FBAO , GBL
8JHI , Contract Encumbrance Number FO8S6017 ; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate
agencies; and
WHEREAS, the State desires to assist political subdivisions and state agencies of the State of Colorado that are
experiencing social and economic impacts resulting from the development, processing, or energy conversion of minerals
or mineral fuels; and
WHEREAS, pursuant to 39-29-110, C.R.S., the Local Government Severance Tax Fund has been created,
which fund is administered by the Department of Local Affairs, herein referred to as the"Department,"through the
Energy and Mineral Impact Assistance program; and
WHEREAS, pursuant to section 39-29-110(1)(a)and (b)(I), C.R.S., the Executive Director of the Department is
authorized to make grants from the Local Government Severance Tax Fund to those political subdivisions socially or
economically impacted by the development, processing, or energy conversion of minerals and mineral fuels for the
planning, construction, and maintenance of public facilities and for the provision of public services; and
WHEREAS, the Contractor, a political subdivision or state agency eligible to receive Energy and Mineral Impact
Assistance funding, has applied to the Department for assistance for reconstructing three miles of Weld County Road 2
between Roads 39 and 45, including placing gravel and paving the road with asphalt, as further described in the
attached Exhibit A, herein referred to as the "Project"; and
WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and
WHEREAS, the Executive Director wishes to provide assistance in the form of a grant from the Local
Government Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions as
hereinafter set forth;
NOW THEREFORE, in consideration of and subject to the terms, conditions, provisions and limitations
contained in this Contract, the State and the Contractor agree as follows:
1. Scope of Services. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as
determined by the State, all work elements as indicated in the "Scope of Services"section of Exhibit A, attached hereto
and incorporated by reference herein.
2. Responsible Administrator. The performance of the services required hereunder shall be under the direct
supervision of Donald Warden an empbyee or agent of the Contractor who is hereby designated as the
"Responsible Administrator"of the Project. At any time, the Contractor may propose, in writing, and seek the State's
approval of a replacement Responsible Administrator, in accordance with paragraph 8.b.ii)of this Contract. The State,
in its sole discretion, may direct that Project work be suspended in the event the current Responsible Administrator
ceases to serve as such prior to the approval by the State of a replacement Responsible Administrator.
3. Time of Performance. This Contract shall become effective upon approval by the State Controller or designee
(the "Effective Date")and extend through the completion date set forth in the "Time of Performance"section of Exhibit A
Performance of this Contract shall commence as soon as practicable after the Effective Date of this Contract; provided
however, that the Contractor shall not be entitled to payment for any performance rendered before the Effective Date
and shall not be eligible for reimbursement of any expenses incurred before the Effective Date. The Contractor shall
undertake and perform its obligations hereunder as set forth in Exhibit A. The Contractor agrees that time is of the
essence in the performance of its obligations under this Contract.
EIAF#6017—Weld County Road 2 —Phase II
4. Authority to Enter into Contract and Proceed with Project. The Contractor represents and warrants that it
possesses the legal authority to enter into this Contract and has taken all actions required to exercise such authority and
to lawfully authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The
person signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he/she
has full authorization to execute this Contract. In addition, the Contractor represents and warrants that it currently has
the legal authority to proceed with the Project.
Furthermore, if the nature or structure of the Project is such that a decision by the electorate is required, the Contractor
represents and warrants that it has held such an election and secured the voter approval necessary to allow the Project
to proceed.
5. Payment of Funds: Grant. In consideration for the work and services to be performed hereunder,the State
agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund in an amount not to exceed
ONE MILLION AND XX/100 Dollars($1,000,000.00). The method and time of payment of such grant funds to the
Contractor shall be made in accordance with the"Distribution Schedule"set forth in Exhibit A.
The Contractor shall use the funds provided by the State under this Contract solely for the purposes set forth in Exhibit
A.
6. Refund of Excess Funds to the State.
a) Any State funds paid to the Contractor and not expended in connection with the Project shall be
remitted by the Contractor to the State within thirty ( 30 ) days of either(i)the completion of the Project or(ii)
a determination by the State, in its sole discretion, that the Project will not be completed, whichever occurs first.
Any State funds not required for completion of the Project shall be de-obligated by the State.
b) It is expressly understood that if the Contractor receives funds from this Contract during any fiscal year
in excess of its spending limit for such fiscal year, the Contractor shall refund all excess funds to the State within
thirty ( 30 ) days of the later of(i)the receipt of such funds or(ii)the determination of such excess.
c) Under no circumstances shall unexpended or excess funds received by the Contractor under this
Contract be refunded or paid to any party other than the State.
7. Financial Management and Budget. At all times from the Effective Date until completion of the Project, the
Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with
the Project. All receipts and expenditures associated with the Project shall be documented in a detailed and specific
manner, in accordance with the"Budget" section of Exhibit A. The Contractor may adjust individual budgeted
expenditure amounts without approval of the State; provided that no transfers to or between administration categories
are made; and provided further, that cumulative budgetary line item changes do not exceed the lesser of ten percent
(10%)of the total budgeted amount or Twenty Thousand Dollars($20,000.00). All other budgetary modifications must
be approved by the State pursuant to paragraph 8 of this Contract. Matching funds, if required, shall be expended by
the Contractor on the Project in accordance with the requirements set forth in the"Budget" section of Exhibit A.
8. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be
necessitated by changes in federal or state law or their implementing regulations. Any such required
modifications automatically shall be incorporated into and be part of this Contract on the effective date of such
modification, as if fully set forth herein.
b) Modification by State.
i) Option Letter. The State unilaterally may extend the term for performance of this Contract for
up to one(1)additional year on the same terms and conditions specified in this Contract and
Exhibit A. The State may exercise the option by written notice to the Contractor within thirty (30)
days prior to the end of the current Contract term in a form substantially equivalent to Exhibit B-
1 attached hereto and incorporated by reference herein. The State may exercise this option only
once during the duration of this Contract. The total duration of this Contract shall not exceed a
total Contract period of five (5)years. Financial obligations of the State of Colorado payable
after any current fiscal year are contingent upon the availability of funds for that purpose as set
forth in paragraph 24 of this Contract.
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EIAF#6017—Weld County Road 2—Phase II
ii) Change Order Letter. The State may make the following modifications to this Contract using a
Unilateral Change Order Letter, in a form substantially equivalent to Exhibit B-2 attached hereto and
incorporated by reference herein, when such modifications are requested by the Contractor, in writing,
or determined by the State to be necessary and appropriate:
A) Change of Fesponsible Administrator, set forth in paragraph 2 of this Contract;
B) Transfers to or between administrative budgetary categories, as required by paragraph
7 of this Contract;
C) Changes to cumulative budgetary line item in excess of the lesser of ten percent(10%)
of the total budgeted amount or Twenty Thousand Dollars($20,000.00), as required by
paragraph 7 of this Contract;
D) Change of Remit Address set forth in paragraph 5 of Exhibit A.
c) Other Modifications. If either Party desires to modify the terms of this Contract other than as set
forth in subparagraphs a)and b)of this paragraph 8,written notice of the proposed modification shall be given
to the other Party. No such modification shall take effect unless agreed to in writing by both Parties in an
amendment to this Contract properly executed and approved in accordance with Colorado law, fiscal rules, and
policies. Such amendment may also incorporate any modifications permitted under subparagraphs a)and .b)of
this paragraph 8.
9. Audit.
a) Discretionary Audit. The State, through the Executive Director of the Department of Local Affairs,
the Colorado State Auditor, or any of their duly authorized representatives and the federal government or any of
its duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any
subcontractor's records, books, accounts and other relevant documents. For the purposes of discretionary
audit, the State specifically reserves the right to hire an independent certified public accountant of the State's
choosing. A discretionary audit may be requested at any time and for any reason during the period
commencing on the Effective Date and continuing for five(5)years after the date of the final payment for the
Project under this Contract is received by the Contractor, provided that the audit is performed during normal
business hours.
b) Mandatory Audit. Whether or not the State or the federal government calls for a discretionary audit
as provided above, the Contractor shall include the Project in its annual audit report as required by the Colorado
Local Government Audit Law, 29-1-601, et seq C.R.S., and implementing rules and regulations. Such audit
reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor
shall supply the Department with copies of all correspondence from the State Auditor related to the relevant
audit report. If the audit reveals evidence of non-compliance with applicable requirements, the Department
reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or
administrative actions filed pursuant to 29-1-607 or 29-1-608, C.R.S.
10. Insurance.
10.1 The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the
following kinds and amounts:
a. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the contractor's employees acting within the course and scope of their employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations,fire damage, independent contractors, products and completed
operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as
follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
If arly aggregate limit is reduced below$1,000,000 because of claims made or paid, the contractor shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a
certificate or other document satisfactory to the State showing compliance with this provision.
•
•
EIAF#6017 —Weld County Road 2—Phase II
c. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos)with a
minimum limit as follows: $1,000,000 each accident combined single limit.
10.2 The State of Colorado shall be named as additional insured on the Commercial General Liability and
Automobile Liability Insurance policies(leases and construction contracts will require the additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage
required of the contract will be primary over any insurance or self-insurance program carried by the State of
Colorado.
10.3 The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior
notice to the State by certified mail.
10.4 The contractor will require all insurance policies in any way related to the contract and secured and
maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery,
under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations,
officers, agents, employees and volunteers.
10.5 All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies
satisfactory to the State.
10.6 The contractor shall provide certificates showing insurance coverage required by this contract to the State
within 7 business days of the effective date of the contract, but in no event later than the commencement of
the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of
any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals
thereof. At any time during the term of this contract, the State may request in writing, and the contractor
shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the
provisions of this section.
10.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity"within the meaning of the
Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act"), the contractor shall at
all times during the term of this contract maintain only such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor
shall show proof of such insurance satisfactory to the State.
11. Conflict of Interest. The Contractor shall comply with the provisions of 18-8-308 and 2418-101 through 24-18-
109, C.R.S.
12. Remedies. In addition to any other remedies provided for in this Contract, and without limiting the remedies
otherwise available at law or in equity, if the Contractor fails to comply with any contractual provision, the State, after
written notice to the Contractor, may:
a) suspend this Contract and withhold further payments and/or prohibit the Contractor from incurring
additional obligations of contractual funds, pending corrective action by the Contractor or a decision by the State
to terminate this Contract in accordance with provisions herein. The State, in its sole discretion, may allow
expenditures during the suspension period which the Contractor could not reasonably avoid, provided such
costs were necessary and reasonable for the conduct of the Project; or
b) terminate this Contract for default.
The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually or
simultaneously.
13. Contract Termination. This Contract may be terminated as follows:
a) Termination Due to Loss of Funding. The Parties hereto expressly recognize that the Contractor is
to be paid or reimbursed with funds provided to the State for the purposes set forth herein, and therefore, the
Contractor expressly understands and agrees that all its rights, demands and claims to payment or
reimbursement arising under this Contract are contingent upon receipt of such funds by the State. In the event
that such funds or any part thereof are not received by the State, the State may immediately terminate or amend
this Contract.
b) Termination for Cause. If, for any reason, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contract, the State shall give written notice to the Contractor of such delay or non-
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EIAF#6017—Weld County Road 2—Phase II
performance. If the Contractor fails to promptly correct such delay or non-performance within the time specified
in the notice or twenty(20)days from the date of such notice,which ever is greater, the State shall have the
right, at its sole option, to terminate this entire Contract, or such part of this Contract as to which there has been
delay or failure to properly perform, for cause. If the State terminates this Contract for cause, the State shall
reimburse the Contractor only for eligible expenditures made up to the date of termination.
Notwithstanding the above, the Contractor shall remain liable to the State for any damages sustained by
the State by virtue of any breach of this Contract by the Contractor, and the State may withhold any payments to
the Contractor for the purpose of offset until such time as the exact amount of damages due the State from the
Contractor is determined.
c) Termination for Convenience. When the interests of the State so require, the State may terminate
this Contract in whole or in part for the convenience of the State. The State shall give written notice of
termination to the Contractor specifying the termination of all or a part of this Contract and the effective date
thereof, at least twenty(20)days before the date of termination. Exercise by the State of this termination for
convenience provision shall not be deemed a breach of contract by the State. Upon receipt of written notice, the
Contractor shall incur no further obligations in connection with the terminated work and, on the date set in the
notice of termination, the Contractor shall stop work to the extent specified. The Contractor also shall terminate
outstanding orders and subcontracts as they relate to the terminated work.
14. Integration. This Contract, together with it exhibits and attachments, is intended as the complete integration of
all understandings between the Parties. No prior or contemporaneous addition, deletion or modification hereto shall
have any force or effect whatsoever, unless embodied in a writing, executed by the Parties pursuant to paragraph 8 of
this Contract, and approved in accordance with Colorado State fiscal rules and policies.
15. Severability. To the extent that this Contract may be executed and performance of the obligations of the
Parties may be accomplished within the intent of this Contract, the terms of this Contract are severable, and should any
term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof.
16. Waiver. The waiver of any breach of a term, provision or requirement hereof shall not be construed as a waiver
of any other term, provision or requirement or of any subsequent breach of the same term, provision or requirement.
17. Binding on Successors. Except as otherwise provided herein, this Contract shall inure to the benefit of and be
binding upon the Parties, and their respective successors and assigns.
18. Assignment. Notwithstanding paragraph 17, the Contractor may not assign its rights or duties under this
Contract without the prior written consent of the State. No subcontract or transfer of this Contract shall in any case
release the Contractor of responsibilities under this Contract.
19. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, all terms and conditions
of this Contract, including but not limited to the exhibits and attachments hereto, which may require continued
performance, compliance or effect beyond the termination date of this Contract shall survive such termination date and
shall be enforceable by the State in the event of any failure to perform or comply by the Contractor or its subcontractors.
20. Successor in Interest. In the event the Contractor is an entity formed under intergovernmental agreement and
the project is for the acquisition, construction or reconstruction of real or personal property to be used as a public facility
or to provide a public service, the Contractor warrants that it has established protections that ensure that, in the event
the Contractor entity ceases to exist, ownership of the property acquired or improved shall pass to a constituent local
government or other eligible governmental successor in interest, or other successor if specifically authorized in Exhibit
A, so that the property can continue to be used as a public facility or to provide a public service.
21. Non-Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state and
federal laws and requirements with respect to discrimination and unfair employment practices.
22. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable federal, state and local laws, and their implementing regulations, that have been or may
thereafter be established, which laws and regulations are incorporated herein by this reference as terms and conditions
of this Contract. The Contractor also shall require compliance with such laws and regulations by subcontractors under
subcontracts entered into in connection with the Project.
23. Order of Precedence. In the event of conflicts or inconsistencies between this Contract and its exhibits or
attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of
priority:
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EIAF#6017 —Weld County Road 2 —Phase II
A. Colorado Special Provisions, of this contract.
B. Modifications to the Contract, pursuant to Exhibits B-1,6-2, or Amendment.
C. Remaining paragraphs of the Contract.
D. Exhibit A, Scope of Services.
24. Availability of Funds. This Contract is contingent upon the continuing availability of State appropriations as
provided in Section 2 of the Colorado Special Provisions, incorporated as a part of this Contract. The State is prohibited
by law from making fiscal commitments beyond the term of its current fiscal period. If federal appropriations or grants
fund this Contract in whole or in part, this Contract is subject to and contingent upon the continuing availability of
appropriated federal funds for this Contract. If State of Colorado or federal funds are not appropriated, or otherwise
become unavailable to fund this Contract, the State may immediately terminate this Contract in whole or in part without
further liability.
25. Third Party Beneficiaries. The enforcement of the terms and conditions of this Contract and all rights of action
relating to such enforcement shall be strictly reserved to the State and the Contractor. Nothing contained in this
Contract shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of the
State and the Contractor that any such person or entity, other than the State or the Contractor, receiving services or
benefits under this Contract shall be deemed an incidental beneficiary only.
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EIAF#6017—Weld County Road 2—Phase II
SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CR5 24-30-202 (1). This contract shall not be deemed valid until it has been approved by
the Colorado State Controller or designee.
2. FUND AVAILABILITY. CR5 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION. 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 and related costs, incurred as a
result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
[Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental
Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter
amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor
and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or
employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on
any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not
entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not
pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any
agreement, liability or understanding, except as expressly set forth herein. Contractor shall provide and keep in force workers'
compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in
the amounts required by law and shall be solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws
respecting discrimination and unfair employment practices.
6. CHOICE OF LAW. 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, defense, or otherwise. Any provisbn rendered null and void by the operation of this provision
will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the
performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that
have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1) and 24-30-202.4. The
State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a)
unpaid child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts
required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a
result of final agency determination or reduced to judgment, as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable
under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any
extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under
this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no
employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS- PUBLIC CONTRACTS FOR SERVICES AND
RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the
provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor represents, warrants, and
agrees that it (i) has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment
Verification Program administered by the Social Security Administration and Department of Homeland Security, and (H) otherwise
shall comply with the requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the
course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with
any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and Contractor shall be
liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or
she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of
CRS 24-76.5-101 et seq., and (iii) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date
of this contract.
Revised October 25,2006
7
EIAF#6017—Weld County Road 2—Phase II
CONTRACT SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BOARD OF COUNTY COMMISSIONERS, BILL RITTER, JR., GOVERN R A
COUNTY OF WELD, COLORADO By
Legal Name of Contracting Entity Suean E. Kirkpatrick, Execu ive irector
Department of�°cal ffairs
846000813 Date /z /ID Ui
Social Security Number or FEIN
c k ( 1-
Signature of Authorized Off PRE-APPROVED CONTRACT FORM REVIEWER:
David E. Long, Char, _ C✓� '
(Print) Name &Title of Authorized Officer
Board of County Commissioners •
Date 12/10/2007 % ro c
r4 „
CORPORATIONS: '
(A corporate attestation is required.) 115it
Attest(Seal) By _
(Corpo a S creta or E i ent,or Town/City/County Clerk) (Place corporate seal here,if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts.This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it.The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
Leslie M. Shenefelt n �—
By o �, , 1 Lt
Rose M ' uten, Cots er •
Departm t of Local Affairs
Date ja_ III ICI
Revised November 8,2007
8
•
EIAF#6017—Weld County Road 2 —Phase II
EXHIBIT A
SCOPE OF SERVICES
9
EIAF#6017—Weld County Road 2—Phase II
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION, OBJECTIVES AND REQUIREMENTS
The Project consists of the reconstruction of three miles of Weld County (Contractor) Road 2 between
Roads 39 and 45. The reconstruction includes placing gravel and paving the road with asphalt This is the
second and final phase of a two-phased project.
Eligible expenses include items associated with the reconstruction of Road 2 described in the previous
paragraph.
Energy and Mineral Impact Assistance program funds in the amount of ONE MILLION AND XX/100
Dollars($1,000,000.00)are provided under this Contract to finance Project costs. The Contractor shall
provide ONE MILLION TWO HUNDRED FIFTEEN THOUSAND AND XX/100 Dollars ($1,215,000.00)in
Project financing from sources other than State funds, and, in any event, is responsible for all Project cost
in excess of ONE MILLION AND XX/100 Dollars($1,000,000.00).
A construction contract shall be awarded to a qualified construction firm through a formal public bid
process with the Contractor being obligated to award the construction contract to the lowest responsible
bidder meeting the Contractor's specifications.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be
submitted to the Department of Local Affairs upon execution, and any and all contracts entered into by
the Contractor or any of its subcontractors shall comply with all applicable federal and state laws and
shall be governed by the laws of the State of Colorado.
The Contractor agrees to acknowledge the Colorado Department of Local Affairs in any and all materials
or events designed to promote or educate the public about the Project, including but not limited to: press
releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets.
2. ENERGY AND MINERAL IMPACT
Weld County has more than 19,000 oil and gas wells.
3. TIME OF PERFORMANCE
The Project shall commence upon the Effective Date and shall be completed on or before December 31
2008. In accordance with paragraph 8.b.i. of this Contract, the Contractor may request an extension of
the time for performance by submitting a written request, including a full justification for the request, to the
State at least thirty(30)days prior to the termination of the performance period. If the State, in its sole
discretion, consents to an extension, the State shall grant such extension in accordance with paragraph
8.b.i. of this Contract.
4. BUDGET
Revenues Expenditures
Energy/Mineral Impact - GRANT $1,000,000 Road Reconstruction $2,215,000
Contractor Funds 1,215,000
Total $2,215,000 Total $2,215,000
5. REMIT ADDRESS: (Address to where payments are to be sent)
915 10'" Street
Greeley, CO 80631
10
EIAF#6017 —Weld County Road 2—Phase II
6. DISTRIBUTION SCHEDULE
Grant Payments
$900,000 Available for interim payments reimbursing the Contractor for actual
expenditures made in the performance of this Contract. Payments shall be
based upon properly documented financial and narrative status reports
detailing expenditures made to date.
$100 000 Available for final payment to be made to Contractor upon the completion of
the Project and submission by the Contractor of final financial and narrative
status reports documenting the expenditure of all Energy/Mineral Impact
Assistance funds for which payment has been requested.
$1,000,000 Maximum Available
7. PAYMENT PROCEDURE
The State shall establish billing procedures and pay the Contractor for actual expenditures made in the
performance of this Contract based on the submission of statements in the format prescribed by the
State. The Contractor shall submit requests for reimbursement, setting forth a detailed description of the
amounts and types of reimbursable expenses.
Payments pursuant to this Contract shall be made, in whole or in part, from available funds encumbered
for the purposes of this Contract. The liability of the State, at any time, for such payments shall be limited
to the amount remaining of such encumbered funds. In the event this Contract is terminated, final
payment to the Contractor may be withheld at the discretion of the State until completion of final audit.
Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from
the Contractor by deduction from subsequent payment under this Contract or other contracts between the
State and the Contractor, or by the State as a debt due to the State.
8. CONTRACT MONITORING
The State shall monitor this Contract on an as-needed basis, as determined by the State in its sole
discretion. The State or any of its duly authorized representatives shall have the right to enter, inspect
and examine the Project upon twenty-four(24) hours advance written notice to the Responsible
Administrator.
9. REPORTING SCHEDULE
At the time the Contractor submits periodic payment requests, the Contractor shall submit, on a periodic
basis, financial and narrative status reports detailing Project progress and properly documenting all to-
date expenditures of Energy and Mineral Impact Assistance funds. The form and substance of such
status reports shall be in accordance with the procedures developed and prescribed by the State. The
preparation of reports in a timely manner shall be the responsibility of the Contractor and failure to comply
may result in the delay of payment of funds and/or termination of this Contract. Required reports shall be
submitted to the State at such time as otherwise specified by the State.
11
EIAF#6017—Weld County Road 2—Phase II
EXHIBIT B1
OPTION LETTER
12
EIAF#6017—Weld County Road 2—Phase II
EXHIBIT B1
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR GBL
OPTION LETTER#
(Grant Between Colorado Department of Local Affairs and (Grantee Name and Address)
Date: State Fiscal Year: Option Letter No.:
SUBJECT: Option to renew for additional term
In accordance with paragraph 8.b.i of contract routing number . between the State of
Colorado, Department of Local Affairs,(Division name) and (Contractor's Name) , the
State hereby exercises the option for an additional term of(OPTION 1)_( )months, (OPTION 2) one (1)
year. The State may exercise this option only once during the duration of the Contract.
The amount of the current Fiscal Year contract value shall remain unchanged. The first sentence in
paragraph 3 of Exhibit A of the Contract is hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is($ )
APPROVALS:
State of Colorado:
Bill Ritter, Jr., Governor , .S.‘a
°,
By: te:
(for)Susan E. Kirkpatrick, Exec Alliti#Ele
Department of Local Affairs -
Reviewed by:
Pre-approved Form Contract , ewer
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This Option Letter is not
valid until the State Controller,or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance under this Option Letter until the Option Letter is signed and dated
below. If performance begins prior to the date below,the State of Colorado may not be obligated to pay
for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Rose Marie Auten, Controller
Department of Local Affairs
Date
13
EIAF#6017 —Weld County Road 2—Phase II
EXHIBIT B2
CHANGE ORDER LETTER
14
• EIAF#6017—Weld County Road 2 —Phase II
EXHIBIT B-2
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR GBL
CHANGE ORDER LETTER#
In accordance with paragraph 8.b.ii of contract routing number between the State of
Colorado Department of Local Affairs,and JName of Contractor ), covering the period of
(include performance period here), the State hereby unilaterally modifies the Contract as follows:
(Indicate purpose by choosing at least one of the following)
Choice#1: Responsible Administrator:
Paragraph 2 of the Contract is amended by deleting the name of the current Responsible Administrator in
the first sentence and inserting in lieu thereof the name of the successor Responsible Administrator as
follows:
Choice#2: Administrative Budget Categories: Exhibit A(Statement of Work)to the Contract is
amended by transferring revenues and expenditures among administrative categories of paragraph 4
(Budget)as follows:
The total revenues and expenditures set forth in paragraph 4 of Exhibit A(Scope of Services)remain
unchanged.
Choice#3: .Cumulative Budgetary Line Item Changes in Excess of the lesser of ten percent(10%)
or Twenty Thousand Dollars($20,000.00). Exhibit A(Scope of Services)to tie Contract is amended by
modifying paragraph 4(Budget)as follows:
The total revenues and expenditures set forth in paragraph 4 of Exhibit A(Scope of Services)remain
unchanged.
Choice#4: Remit Address: Exhibit A(Scope of Services)to the Contract is amended by deleting the
current"Remit Address" in paragraph 5 (Remit Address)and inserting in lieu thereof the new"Remit
Address" as follows:
The effective date of this change order is upon approval of the State Contr r, or delegee, or
20 , whichever is later.
APPROVALS:
State of Colorado: ,
Bill Ritter, Jr., Governor . ry
By:
(for)Susan E. Kirkpatrick, Execut + ector
Department of Local Affairs
Reviewed b :
Pre-approved Form Contract Re er
15
•
EIAF#6017—Weld County Road 2—Phase II
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts.This contract is not valid
until the State Controller,or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below,the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By se te -introll ..-
pa kr ocal ffairs 4005
t a M
I
16
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