HomeMy WebLinkAbout20063294 RESOLUTION
RE: APPROVE ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM GRANT
CONTRACT FOR WELD COUNTY ROAD 13 PROJECT AND AUTHORIZE CHAIR TO
SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weid 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
Grant Contract for the Weld County Road 13 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 Local Affairs, with 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 Grant Contract for the Weld
County Road 13 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
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 4th day of December, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: E�, o, � ����'
/� ��tuGCr � i e, Chair
Weld County Clerk to the �O��� \ ' � � I
" OL,
� �`"`h ,,.'''', ,=�fJavid E. Long, Pro-Tem
BY: � ,7 �t ,/,'
Deputy G�erk to the Board � �� � � ���
William H. Jerke
APPROVED AS TO FO
='� ' EXCUSED
��� Robert D. Masden
�--
ounty A orne EXCUSED
Glenn Vaad
Date of signature:
/a/�/G�
2006-3294
EG0054
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. E`AF`#5578 -Weld County 13 Road Improvements-2006
Contract Routing# O O�o �
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CFDA#WA
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,
and the Board of Countv Commissioners, Countv of Weld, 915 10 St er et Greelev. 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 a ment in Fund Number 152
Appropriation Code Number 127 , Org. Unit FBAO , GBL��, Contract Encumbrance
Number FP17S557S ; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to assist political subdivisions of the state and state agencies 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; and
WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and
WHEREAS, the Contractor has been advised and agrees that the State periodically reviews and amends
its contract forms and will submit a substitute contract form to Contractor within one year of the approval of this
contract. 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, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, 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,"set forth in the attached Exhibit A, herein referred to as the "Project." Costs
incurred prior to the date of execution of this Contract by the State Controller or designee shall not be reimbursed
by the State unless specifically allowed in the"Project Description, Objectives and Requirements"section of
Exhibit A.
2. Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of Donald D.Warden an employee or agent of the Contractor, who is hereby designated as
the responsible administrator of the Project. At any time the Contractor wishes to change the responsible
administrator, the Contractor shall propose and seek the State's approval of such replacement responsible
administrator. The State's approval shall be evidenced through a Unilateral Contract Amendment to this contract
Page 1 of 7
�GC4� - 3 �ti�(
initiated by the State as set forth in paragraph 8.b)of this Contract. Until such time as the State concurs in the
replacement responsible adminisVator, the State may direct that Project work be suspended.
3. Time of Performance; Contract Substitutian This ConVact shall become effective upon the date of
proper execution of this Contract by the State Controller or designee and shall continue for a period of one year.
The parties agree that the State will submit a substitute contract form to the Contractor during the one-year period
following the approval of this Contract. The Project contemplated herein shall commence as soon as practicable
after the execution of this Contract and shall be undertaken and performed as set forth in the "Time of
Performance" section of Exhibit A. Expenses incurred by the Contractor in association with the Project prior to
execution of this Contract by the State Controller or designee shall not be considered eligible expenditures for
reimbursement by the State unless specifically allowed in the"Project Description, Objectives and Requirements"
section of Exhibit A. The Contractor agrees that time is of the essence in the performance of its obligations under
this Contract and that completion of the Project shall occur no later than the completion date set forth in ihe"Time
of Performance" section of Exhibit A.
4. Autharity to Enter into Contract and Proceed with Project. The Contractor assures and warrants that
it possesses the legal authority to enter into this Contract. 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. Compensation and Method of Payment: Grant. In consideratio�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 FIVE HUNDRED THOUSAND AND XX/10a------------- Dollars
( $500.000.00 ). The method and fime of payment of such grant funds shall be made in accordance with the
"Payment Schedule"set forth in Exhibit A.
6. Reversion 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 to the State upon completion of the Project or a determination by the State that the Project will
not be completed. Any State funds not required for completion of the Project will be deobligated by the
State.
b) It is expressly understood that if the Contractor receives funds from this Contract in excess of its
fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no
circumstances shall excess funds from this Contract be refunded to other parties.
7. Financial Management and Budget. At all times from the effective date of this Contract 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, and shall be in accordance with the"BudgeP' section set forth in
Exhibit A. Contractor may adjust individual budgeted expenditure amounts without approval of the State provided
that no budget Vansfers to or between administration budget categories are proposed and provided that
cumulative budgetary line item changes do not exceed Twenty Thousand Dollars($20,000.00), unless othenvise
specified in the "BudgeY'section of Exhibit A. Any budgetary modifications that exceed these limitations must be
approved by the State through a Bilateral Contract Amendment as set forth in Paragraph 8.c).
8. Modification and Amendment.
a) Modi£cation by Operation of Law. This Contract is subject to such modifcatlons as may be
necessitated by changes in federal or state law or requirements. Any such required modifcations shall
be incorporated into and be part of this Contract as if fully set forth herein.
b) Unilaterel Amendment. The State may unilaterally modify the following portions of this
Contract when such modifications are requested by the Contractor or determined by the State to be
necessary and appropriate. In such cases, the Amendment is binding upon proper execution of the
Amendment by the State Controller's designee and without the signature of the Contractor.
i) Paragraph 2 of this ConVact, "Responsible Administrator';
Page 2 of 7
ii) Paragraph 3 of Exhibit A, Scope of Services"Time of Performance";
iii) Paragraph 5 of Exhibit A, Scope of Services"Remit Address";
N) Paragraph 6 of Exhibit A, Scope of Services"Payment Schedule";
v) Paragraph 22 of this Contract if applicable, Repayment of Loan, and Exhibit B, Loan
Repayment Schedule
Contractor must submit a written request to the Department if modifications are required. Amendments to
this Contract for the provisions outlined in this Paragraph 8 b. i)through v): Responsible Administrator,
Time of Performance, Remit Address, Payment Schedule, or Repayment of Loan and Loan Repayment
Schedule can be executed by the State (Exhibit C1).
c) Bilateral Amendment. In the following circumstances, modifications shall be made by an
Amendment signed by the Contractor, the Executive Director of the Department and the State Controller's
designee. Such Amendments must be executed by the Contractor then the State and are binding upon
proper execution by the State Controller's designee.
i) unless otherwise specified in the"BudgeY' section of Exhibit A, when cumulative budgetary
line item changes exceed Twenty Thousand Dollars ($20,000.00);
ii) unless othenvise specified in the"Budget"section of Exhibit A, when any budget transfers
to or between administration budgetary categories are proposed;
iii) when any other material modifications, as determined by the State, are proposed to Exhibit
A or any other Exhibits;
iv) when addifonal or less funding is needed and approved and modifcations are required to
Paragraph 5 of this Contract, "Compensation and Method of PaymenY' as well as to Exhibit
A"Budget"and"Payment Schedule°;
v) when there are additional federal or state statutory or regulatory compliance changes in
accordance with Paragraph 20 of this ConVact.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral
Amendment as set forth in subparagraph 8.b)of this paragraph.
Upon proper execution and approval, such Amendment(Exhibit C2)shall become an amendment to the
Contract, effective on the date specified in the amendment. No such amendment shall be valid until
approved by the State Controller or such assistant as he may designate. All other modifcations to this
Contract must be accomplished through amendment to the contract pursuant to fiscal rules and in
accordance with subparagraph 8 d).
d) Other Modifications. If either the State or the Contractor desired to modify the terms of this
Contract other than as set forth in subparagraphs b)and c)above,written notice of the proposed
modifcation shall be given to the other parry. No such modification shall take effect unless agreed to in
writing by both parties in an arrendment to this Contract properly executed and approved in accordance
with applicable law. Any amendment required per this subparagraph will require the approval of other
state agencies as appropriate, e.g. Attorney General, State Controller, etc.
Such Amendment may also incorporate any modifications allowed to be made by Unilateral and Bilateral
Amendment as set forth in subparagraphs 8.b)or 8.c) of this paragraph.
9. Audit.
a) Discretionary Audit. The State, through the Executive Director of the Department, the State
Auditor, or any of their duly authorized representatives and the federal govemment or any of its duly
authorized representatives shall have the right to inspect, examine and audit the Coniractor'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 from the effective date of this ConVact until five (5)years after the date of fnal payment for this
Project is received by the Contractor, provided that the audit is performed during normal business hours.
Page 3 of 7
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 s�ce , C.R.S., and State 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 otherjudicial or administrative actions fled pursuant to 29-1-607 or 29-
1-608, C.R.S.
10. Conflict of Interest. The Contractor shall comply with the provisions of 18-8-308 and 2418-101 through
24-18-109, C.R.S.
11. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may,
after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from
incurring additional obligafions of contractual funds, pending corrective action by the Contractor or a decision to
terminate in accordance with provisions herein. The State may determine to allow such necessary and proper
costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the Project.
12. Contract Termination. This ConVact may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the
purpose of contracting for the services provided for herein, and therefore,the Contractor expressly
understands and agrees that all its rights, demands and claims to compensation 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, through any cause, 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 ConVact, the State shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof, at least twenty(20)days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports or other material prepared by the Contractor,under this Contract shall, at the
option of the State, become its property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the ConVactor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the 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. The State may terminate this Contract at any time the State
desires. The State shall effect such tertnination by giving written notice of termination to the Contractor
and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. All finished or unfinished documents and other materials as described in subparagraph 12.b)
above shall, at the option of the State, become its property. If the Contract is terminated by the State as
provided herein, the ConVactor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the Contractor covered by
this Contract, less payments of compensation previously made; provided, however, that if less than sixty
percent(60°/a)of the services covered by this Contract have been performed upon the effective date of
such termination, the Contractor shall be reimbursed (in addition to the above payment)for that portion of
the actual out-of-pocket expenses (not othenvise reimbursed under this Contract) incurred by the
Contractor during the Contract period which are directly attributable to the uncompleted portion of the
services covered by this Contract.
13. Integretion. This Contract, as written,with attachments and references, is intended as the complete
integration of all understandings between the parties at this time and no prior or contemporaneous addition,
deletion or modification hereto shall have any force or effect whatsoever, unless embodied in a written
authorization or contract amendment incorporating such changes, executed and approved pursuant to paragraph
8 of this Contract and applicable law.
Page 4 of 7
14. Severability. To the extent that this ConVact may be executed and pertormance of the obligations of the
parties may be accomplished within the intent of the 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 validily of any other term or provision hereof. The waiver of any breach of a term hereof
shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the same term.
15. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit
of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns.
16. Assignment. Neither parly, nor any subcontractors hereto, may assign its rights or duties under this
Contract without the prior written consent of the other party. No subcontract or transfer of Contract shall in any
case release the Contractor of responsibilities under this Contract.
17. Survival of Certain Contract Terms. Nolwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto
which may require continued performance or compliance beyond the termination date of the Contract shall
survive such termination date and shall be enforceable by the State as provided herein in the event of such failure
to perform or comply by the Contractor or its subcontractors.
18. 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 govemmental 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.
19. Non-Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state
and federal laws and requirements v.+th respect to discrimination and unfair employment practices.
20. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor
shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
21. Order of Precedence. In the event of conflicts or inconsistencies belween 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:
A. Colorado Special Provisions
B. Contract
C. The Scope of Services, Exhibit A
Page 5 of 7
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(Por Use with IMervGovernmental Contractsl
'I. CONTROLLER'SAPPROVAL. CR52430-202(1)
This contract shall not be deemeE valid wtil it has been approved by[he Con[roller of the State of Coloado or such assistant as he may
designate.
2. FUNDAVAILABILIN. CR52430.202(5.5)
Financial obligations of[he State of Coloratlo payable after[he<urrent fscal year are contingent u0on funds for Ihat purpose being
appropriated,bu0geteG,and otherwise made availabie.
3. ' INDEMNIFlCATION.
The Contractor shall indemnify,save,and hold harmless the Sta[e,i[s employees antl agents,against any antl all claims,damages,liability
an0 murt awartls induding msts,expenses,and attorney fees incurretl as a resu�t of any act or omission by[he Contractor,or i[s employees,
agents,subcon[ra<tors,or assignees pursuant[o Ihe terms of[his contract.
No term or mn0i[ion of this mntract shall be ronstmetl or interpre[etl as a waiver,exOress or implied,of any of Ihe immunities,rights,
benef[s,pm[ection,or o[her provisions for[he Darties,of the Colorado Governmental Immuni[y Ac[,CRA 24-10-101 et seq.or the Federal
Tort Claims Acq 28 U.S.C.2671 ef seq.as applicable,as now or hereaker amended.
4. INDEPEN�ENT CONTRACTOR. 4 CCR 801-2
THE CONTRAC70R SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOVEE. NETfHER THE
CONTftACTOR NOR ANV AGENT OR EMPLOYEE OF THE CONTRAC70R SHALL BE OR SHAIL BE DEEMED TO 8E AN AGENT OR EMPLOYEE OF
THE STATE. CONTRACTOR SHALL 7AY WHEN DtIE ALL REQUIRED EMPLOVMENT TA%ES AND INCOME TAX AND LOCAL NEAD TAX ON ANY
MOMES PAID BV THE STATE PURSUANTTO THIS CONTRACT. CONTRAGTOR ACKNOW LEDGES THAT THE CONTRACTOR AND Cf5 EMPLOYEES
ARE NOT ENT7TLED TO UNEMPLOVMENT INSURANCE BENEFITS UNLE55 TME CONTAAQOR OR TMIftD PARTV PROVIDES SUCH COVERA6E
AND THAT THE STATE DOES NOT FAY FOR OR OTHERWLSE PROVIDE SUCH COVERAGE. CONTRAGTOR SHALL HAVE NO AUT}IORIZATION,
EXPRE55 OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENT5,LIABILIT',OR UNDERSTANDWG EXCEPT AS EXPRESSLY SET FORTH
�MEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE
WHEN REQUESTED BV THE STATE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY IAW,AND SHALL BE
SOLELV RESPONSIBIE FOR THE ACTS OF THE CONTRAQOR,RS EMPLOVEES AND AGENT5.
5. NON-0ISCRIMINATION.
The mntractor agrees to mmply wi[h the letter antl the spiri[of all applicable state and federal laws respec[ing discrimination an0 unfair
employmen[D��tices.
6. CHOICE OF LAW.
The laws of the State of Colorado an0 rules and regulations issued pursuant thereto shall be apPlied in[he interpreta[ion,exewtion,and
enforcement of[his contrac[. Any provision of this contract,whether or not incorporated herein by reference,which proviAes for arbitration
by any ez[ra-judicial body or person or which is othervvise in conFlict with said laws,rules,and regulations shall be mnsitlered null and void.
Nothing containeE in any provision inmrporated herein by reference which purports to negate this or any o[her special pmvision in whole or in
part shall be valid or enforreable or available in any action at law whether by way oF compiaint,Oefense,or otherwise. Any provision
rendered null and void by the operation of Ihis pmvision will not imalidate the remainder of this mntract to the eztent that the mntract is
ca0able of ezecution.
At all times during[he pertormance of this mntract,the Con[ractor shall strictly adhere to ali applicable federal and State laws,rules,antl
regulations that have been or may herealter be es[abtished.
7. SOFfWAREPIRACYPROHIBITIONGovemofsEzewtiveOrUerD00200
No Sta[e or other public funds payable under this Contract shali be used for the acquisi[ion,operation,or maintenance of<omputer soRware
in violation of Unitetl Stares copyrigh[laws or applicable licensing restrictions. The Contractor hereby certifies thaq for the term of Ihis
Contract and any extensions,the Contractor has in plare appropriate systems and controls to prevent such improper use of public funds. If
the State Eetermines that the Contractor is in vblation of this paragraph,the State may exercise any remedy available at law or equity or
untler this Contracq includin9,wi[hout limi[ation,immedia[e termination of[he Contrac[and any remedy consisten[wi[h United Sta[es
- coOYright laws or aOPlicable licensing restrictions.
8. EMPLOVEE RNANCIAL INTEREST. CR524-10-201&CRS 2450b07
The signatories aver that[o their knowleGge,no employee of the Scate of Colorado has any Oersonal or beneficial in[erest whatsoever in the
service or property described herein.
9. ILLEGALALIENS—PUBLICCONTRACTSFORSERVICES. CRSB-'17.5401and24-7fi.5-101
The Contracror certifies that the Contractor shall comply wi[h[he provisions of CRS 8-ll.5-101 et seq. The Contracror shall not knowingly
employ or mntract with an ille9al alien to pertorm work under[his contract or enter into a contract with a subcontracror tha[fails to certify to
the Contractor that the submntrac[or shall not knowingly employ or mntrac[with an illegal alien to perform work under this rontract The
Contracror represents,warrants,ana agrees Ihat it(i)has verified that it Aoes not employ any illegal aliens,through participation in Ihe Basic
Pilot Employment Verifica[ion Program administered by the Social Se<urity Administration and Departmen[of Homeland Security,and(ii)
o[herwise will com0ly with the requirements of CRS B-17.5-102(2)(b). The Contracror shall mmply with all reasonahle reques[s maae in the
course of an imes[igation un0er CRS 6-175-102 by[he Gobratlo Department of Labor and EmDloyment. If the Contractor fails to mmply
wi[h any repuiremen[of Ihis pmvision or CRS B-IZS101 et seq.,the State may terminate this rontract for breach and the Contracror shall
be liable for actual and consequential damages to Me State.
A Contractor that operates as a sole proprieror here6y swears or affirms under penalty of perjury tha[Lhe Contractor(i)is a<i[izen of the
Unitee Stafes or otherwise lawfully present in[he United Sta[es pursuant[o fetleral law,(ii)shall romO�Y H'ith[he Orovisions of CRS 24-765-
101 et sea,and(iii)shall Oroduce one of the Porms of identification required by CRS 24-76.5-103 prior to Ihe effe<tive date of this Contract.
Ezcept where exemptetl by federal law antl except as provided in CRS 24-76.5-303(3),a Con[racror[ha[receives federal or state funds under
this contract must conFrm that any individual natural person eighteen years of age or oltler is lawfully presen[in[he United States pursuant
to CRS 24a6.5-103(4)if such inAiviOual ap0lies for public benef[s provided under this contraCt.
ERective Date:August 7,2006
Pana R nf 7
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`�I���ii�►�`�l.�� , 3 , ,.�,�
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OFCOLORADO:
BILL OWENS, GOVERNOR
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO By
Legal Name of Contracting Entity Br' n R. xe tive Director
846000813 Department of Local Affairs
Social Security Nu er or FEIN
� (�^� ��
PRE-APPROVED FORM CONTRACT REVIEWER:
Signatur of Authorized Offcer
, 1 \`k�- ���\� CHAIRMAN
Print Name & Title of Authorized Officer � ���
CORPORATIONS:
(A corporate attestation is requiredJ 1861 � � �
�
�n L �(+`�
Attest (Seal) By ���AL� 11
(C rporate Secretary or Equivalent,or Town/CitylCounty Clerk) (Place wrporate s ere, if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Cantroller 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 pertormance until the contract is signed and dated below. If performance begins prior
to the date below, the State af Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Ros rie Auten o troller
Department of Local A airs
Date �� �oZ-//E� �
Effective Date:August 7,2006
EXHIBIT A
SCOPE OF SERVICES
EIAF#5578 -Weld County 13 Road Improvements-2006
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION. OBJECTIVES AND REQUIREMENTS
The Project consisfs of the construction and reconstruction of Weld County Road 13 from Weld County
Road 8 to 5�" Street in Frederick, approximately 375 miles in Weld County (Contractor). This Project is
phase lwo of three phases. Phase two includes roadway construction of Road 13 from Road 8 to
Colorado Highway 52.
The County will pay for all right-of-way/land acquisitions and design costs.
The County will manage and coordinate with the Town of Frederick the construction of all phases of the
Road 13 Project including the construction of the roadway from Colorado Hghway 52 to 5'"Street in the
Town of Frederick.
Eligible expenses include construction.
Energy and Mineral Impact Assistance funds in the amount of FIVE HUNDRED THOUSAND AND
XX/100 Dollars ( $500.000.00 ) are provided under this Contract to finance Project costs. The Contractor
is expected to provide ONE MILLION FORTY-SEVEN THOUSAND AND XX/100-------------------- Dollars
( $1 047 000.00 ) in Project financing, and, in any event, is responsible for all Project cost in excess of
FIVE HUNDRED THOUSAND AND XX/100 Dollars ( $500.000.00 ).
Construction plans and specifications shall be drawn up by a qualified engineer licensed in the State of
Colorado and has been hired by the Contractor through a competitive selection process.
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 request, and any and all contracts entered into by the
Contractor or any of its subcontractors shall comply with all applicable federal and Colorado state laws
and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the
contrary.
Contractor agrees to acknowledge the state 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
The Counry has more than 12,000 oil and gas wells.
3. TIME OF PERFORMANCE
The Project shall commence upon the full and proper execution of this Contract and shall be completed
on or before June 30. 2007 . However, in accordance with paragraph 8.b. or 8.c. contained within the
main trody of this Contract, the Project time of performance may be extended by a Contract Amendment.
To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty
(30)days prior to June 30. 2007 and shall include a full justification for the time extension.
Page 1 of 2
EIAF#5578 -Weld County 13 Road Improvements-2006
4. BUDGET
Revenues Expenditures
Energy/Mineral Impact- GRANT $500,000 Construction 1 547 000
Contractor Funds 1.047.000
Total $1,547,000 Total $1,547,000
5. REMIT ADDRESS: (Address to where payments are to be sent)
915 10"' Street
Greelev CO 80631
6. PAYMENT SCHEDULE
Grant Pavments
$450,000 In 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.
50.000 Final payment to be made upon the completion of the Project and
submission of final financial and narrative status reports documenting the
expenditure of all Energy/Mineral Impact Assistance funds for which payment
has been requested.
$500,000 Total
7. CONTRACT MONITORING
The State shall monitor this ConVact on an as-needed basis.
8. REPORTING SCHEDULE
At the time Contractor initiates payment requests, the Contractor shall submit financial and narrative
status reports detailing Project progress and properly documenting all to-date expenditures of Energy and
Mineral Impact Assistance funds.
Page 2 of 2
EXHIBIT Cl
EIAF#_- (Insert Proiect Title)
EXHIBIT C1
Contract Routin #
Encumbrance#
Ventlor#
for Remit Address
APPR GBL
CFDA# N/A
Unilateral
Amendment#_of T e of Contract—GranU an
Between Colorado De artment of Local Affairs and G ame .d Address
State Executed Contract Modificatio e state sig e ge only)
A Modifications to Contract Boilerplate
Responsible Administretor: De ini r's and insert i th eo� ,ew "Responsible
Administrator".
Repayment of Loa • lete cu 2." s lieu of new 22.
B. Modifications to Exhibit e of
Time of Pe mance: e r is ed by dele ate" and inserting in lieu thereof"
e —
Re t Addre te cur t" Ad 'an in lieu thereo ew"Remit Address".
ment Sch I te cu nt" m edule"a iiS e t 'gi reof new"Payment Schedule".
C. Mo o E , Re ent Schedul • �
De t L Repa edule and ins ieu of new Loan Repayment Schedule.
All of t terms c " ns of the Origina ain unchanged except for those terms and conditions
modifie this ' n nt# _ and all pr iou amendments. Both parties also expressly understand that
this Ame is incorporat rigi 1 ConUact.
Review by: Department of Local Affairs
Pre-approved Form Contract Reviewer Brian R. Vogt, Executive Director
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 contrector 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
Rose Marie Auten, Controller
Department of Local Affairs
Date:
EXHIBIT C2
• EIAF# - (Inserf Proiect Title)
__ EXHIBIT C2
Contracl Routin #
Encumbrance#
Vendar#
emit Adtlress
GBL
CFDA N/A
Bilateral
Amendment# of T e of C —GranUL ra Loan
Between Colorado De artment of Local nd Grantee e d Address
State and Contractor Execut ' n state and r si nature page)
A Modifications to Contract Boilerp
Compensation and od of t:
"Compensation an of Pa in th Contr odif y g " Amount "and
inseRing i lieu there unt
esponsib dministr e o inis 's name an in lieu thereof new"Responsible
inistrat
Co liance licabl a ra #2 pliance with licable Laws" in the Original
Contr ct is m ollows Incl xist age"is r�ise " and the revised language.
nt af e cu t"# ." and insert in I e �"#22".
B. Modific Ex it A, ervices. .
Pr ' ct Des ti bjectives and e . "1. Project Description, Objectives, and
Req men is dified as follow Incl e e 'sting language"is revised to read"and the revised
langu
Energy and Mineral Impac Energy and Mineral Impact" is modified by deleting current Energy and
Mineral Impact and inserting Energy and Mineral Impact.
Time of PerFormance: "Time of Performance" is modified by deleting current Date and inserting new Date.
Budget: 4. "Budget" is modified by deleting the current Budget and inserting new Budget.
Remit Address: 5. "Remit Address" is modified by deleting the current Remit Address and inserting new
Remit Address.
Payment Schedule: 6. "Payment Schedule" is modified by deleting current Payment Schedule and inserting
new Payment Schedule.
Contract Monitoring: 7. "Contract Monitoring" is modified by deleting current Contract Monitoring and
inserting new Contract Monitoring.
Reporting Schedule: 8. "Reporting Schedule is modified by deleting current Reporting Schedule and
inserting new Reporting Schedule.
C. Modi£cations to Exhibit B, Loan Repayment Schedule:
Delete current"Exhibit B Loan Repayment Schedule and insert new"Exhibit B Loan Repayment Schedule.
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions
modifed by this Amendment# _and all previous amendments. Both parties also expressly understand that
this Amendment# is incorporated into the Original Contract.
EIAF# - (Insert Proiect Title)
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
BY
Legal Name o(Coniracting Entity Bfle t, � tive Director
Depart of cal Affairs
Social Security Number or FEIN
PROVED FO T � C EVIEWER:
SignaWre of Authonzed Officer
BY
t
!
Print Name&Title of Au ized Officer
CO O ONS:
(A c rate se � r attesta � iretl.)
�
�
� ��
Attest (Sea y
te Secretary uiv o .own/City/County Clerk) �
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 2430-202 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
ey
Rose Marie Auten, Cantroller
Department of Local Affairs
Date
Effective Date:August 1,2005
EIAF#5578—Weld County 13 Road Improvements—2006
EXHIBIT C1
Contract Routing# Op3$d
Encumbrance# F07S5578
Vendor# 846000813 M
(for Remit Address)
APPR 127 GBL 7SG2
CFDA# N/A
Unilateral
Amendment# 2 of Energy and Mineral Imoact Assistance Grant Between
Colorado Department of Local Affairs and Board of Countv Commissioners,
Countv of Weld 915 Tenth Street, Greelev. Colorado 80631
State Executed Contract Modifications (use state signature page only)
A. Modifications to Contract Boilerplate
None
B. Modifications to Exhibit A, Scope of Service.
Time of Performance: "Time of Performance is modified by deleting " October 31. 2007" and inserting
in lieu thereof"April 30, 2008".
All of the terms and conditions of the Original Contract remain unchanged except for those terms and
conditions modified by this Amendment# 2 and all previous amendments. Both parties also expressly
understand that this Amendment# 2 is incorporated into the Original Contract.
Reviewed by: Department of Local Affairs
�'-'�i �.1�/�—� �/�✓Wl
Pre-approved Form Contract Reviewer Susan E. Kirkpatri k, ie utive Director
Date: �D
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 pertormance begins prior
to the date below, the State of Colorado may not be obliqated to pay for the goods and/or services
provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By .
R Ma ie Auten ntroller
D artment of Local Affairs
Date: �Q_[�( CJ7
i �
/o/7�aoo7 �ov�-3�9
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