HomeMy WebLinkAbout20043055.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RECONSTRUCTION OF WATER SYSTEM AND
AUTHORIZE CHAIR TO SIGN - MOUNTAIN VIEW WATER ASSOCIATION
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 Agreement for Reconstruction of Water
System 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 Mountain View Water
Association, with further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Agreement for Reconstruction of Water System 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 Mountain View Water Association be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WMUNTY, `COLORADO
ST: iateg ��((\\�V JJ��VV��\\rr^^ Chair
', ty Clerk to the Board 1 _ /
r 1861 a William Jerke, Pro-Tem
F?La it Clerk to the Board Ge
M. J. Geile
"ROV AS TO FO
EXCUSED
David E. Long
unty Att r ey
EXCUSED
Glenn Vaad
Date of signature: 11
2004-3055
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AGREEMENT FOR RECONSTRUCTION OF WATER SYSTEM
THIS AGREEMENT is made and entered into this /j day of October, 2004, by and
between the County of Weld,State of Colorado,by and through the Board of County Commissioners
of Weld County, Colorado, hereinafter referred to as "County," with offices located at 915 Tenth
Street, Greeley, Colorado 80631, and the Mountain View Water Association, c/o John Howard,
8679 WCR 4, Brighton, Colorado 80603, hereinafter referred to as "Association."
WITNESSETH:
WHEREAS,owns a water system for the conveyance of potable water for service to various
properties in Weld County, Colorado, and
WHEREAS, a portion of said water system is located along Weld County Road ("WCR")
13,between WCR's 2 and 8,and along WCR 17,between WCR's 2 and 6,said portion being herein
referred to as "13 and 17 Water System,"and
WHEREAS, County plans to improve WCR 13, between WCR's 2 and 8, and the
Association's water system along said stretch of WCR 13 must be moved out of the road right-of-
way in order to accomplish said road improvements, and
WHEREAS,through a Grant Contract for the State of Colorado Energy and Mineral Impact
Assistance Program ("Program"), a copy of which is attached hereto as Exhibit "A," funds in the
amount of$85,180.00 will be provided by the Program to County to pay for the reconstruction of
water lines,installation of up to 100 water meters,and the purchase of a remote water meter reading
system (to include a remote reader, computer, and software) for the 13 and 17 Water System
("System Improvements"), and
WHEREAS, this Agreement is for the purpose of defining the scope of work, timing,
ownership, duties and responsibilities of the parties to accomplish such work on or prior to the
deadline established in the Grant Contract of September 30, 2005.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM:
The term of this Agreement shall be from the date first written above to and until one
year after the System Improvements are completed. The System Improvements shall
be completed on or before September 30, 2005, or such time as exted as allowed
pursuant to the terms of the Grant Contract,timed to occur prior to or coincide with
the improvements to be made by County to WCR 13 (May, 2005).
Page 1 of 5 Pages
2004-3055
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2. DUTIES OF ASSOCIATION: Association shall be responsible for the following:
a. To work with County to develop bid specifications for the System
Improvements. Such specifications shall include a requirement that the
bidder submit an engineered design of the water lines to be reconstructed.
b. To supervise the work of the contractor(s) selected to complete the System
Improvements.
c. To acquire any and all necessary permits from County for construction of the
water lines within County's road rights-of-way, or to acquire separate
easements for such construction, if necessary.
d. To pay any and all costs incurred in completing the System Improvements
that are in excess of the grant funding of$85,180.00 and the cost of gravel
and fill material contributed by County. At a minimum, Association shall
contribute $25,000 to the project.
e. To operate and maintain the water system after completion of the System
Improvements.
f. To hold harmless, indemnify and defend County from any and all liability it
incurs resulting from or proximately caused by the Association's operation
and maintenance of the water system after completion of the System
Improvements, to and until such time as ownership of the System
Improvements passes to Association.
g. To reimburse County for any and all amounts it pays out pursuant to this
Agreement if the $85,180.00 in grant funds are disallowed for any reason.
3. DUTIES OF COUNTY: County shall be responsible for the following:
a. To work with Association to develop bid specifications for the System
Improvements through the County's formal public bid process. County shall
award appropriate contracts to the lowest responsible bidders who meet the
bid specifications. All such contracts shall comply with applicable federal
and Colorado state laws and shall be governed by the laws of the State of
Colorado, notwithstanding provisions stated therein to the contrary. Any
warranties applying to the System Improvements from the contractors shall
extend to the Association. Copies of any and all contracts entered into by
County in order to accomplish this project shall be submitted to the Colorado
Department of Local Affairs, upon request.
Page 2 of 5 Pages
b. To inspect the work contracted for the System Improvements as County
deems necessary.
c. To pay out of the $85,180.00 grant funds those costs incurred by the
contractors and invoiced to the County for the System Improvements.
d. To contribute gravel and fill material necessary for the completion of the
System Improvements.
e. To own the System Improvements for a period of one year from the date of
their completion. This Agreement shall act as Association's conveyance of
and consent to ownership by County for said one-year period, and to
County's reconveyance of such ownership to Association and end of such
one-year period. No such further documentation of such conveyance or
reconveyance is necessary.
f. To establish and maintain a separate set of accounts necessary to administer
the construction and/or purchase of the System Improvements.
g. To acknowledge the efforts of the Colorado Department of Local Affairs in
completing the System Improvements in any and all materials or event
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 brocures/pamphlets.
4. NO WARRANTY FOR SYSTEM IMPROVEMENTS MADE BY COUNTY:
By virtue of its entering into this Agreement and upon its promises to perform the
duties described hereinabove, Weld County makes no warranties, either express or
implied, regarding the System Improvements, including, but not limited to,
warranties as to their fitness and suitability for inclusion into the water system upon
completion.
5. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
Page 3 of 5 Pages
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH:
This Agreement contains the entire Agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction,whether oral or written. No modification,amendment,novation,
renewal, or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term,provision, or clause of this Agreement
shall be deemed waived or excused,unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
8. NOTICES:
All notices required herein shall be mailed via First Class Mail to the parties'
representatives at the addresses set forth above.
Page 4 of 5 Pages
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this _ day of
October, 2004.
ATTEST: COUNTY OF WELD, STATE OF
►�_ COLORADO, by and through the Board of
E J /, County Commissioners of Weld County
' " ' l° L14ó
t
1 � i�::�:ri/his
W____
to the :oard Robert D. Masden, Chairman
OCT 13 2004
^v � r MOUNTAIN VIEW WATER ASSOCIATION
By: rV--- (7 ,1� /Zr)
Title j c/ -e A,'
SUBKRIIIM# SWORN to before me this 1 day of October, 2004.
4} y' dd official seal.
�"` PUBI.Ic
` eofr+ n Not u is
My c mission expires:
My commission¢%Puss February 08,2*
Page 5 of 5 Pages
'N,.30.SY
EXHIBIT A
d
EIAF#4703—Weld County—Mt.View Water System
Contract Routing# O.',y'i)
Vendor#$HbO. \3 f
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 County Commissioners,County of Weld,915 10m 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 forpayment in Fund Number 152
Appropriation Code Number 127 , Org. Unit FBAO ,GBL 55$5 , Contract Encumbrance
Number F0584703 ; 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 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
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 administrator,the State may direct that Project work be suspended.
3. Time of Performance. This Contract shall become effective upon the date of proper execution of this
Contract by the State Controller or designee. The Project contemplated herein shall commence as soon as
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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 the'Time
of Performance"section of Exhibit A.
4. Authority 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 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 EIGHTY FIVE THOUSAND ONE HUNDRED EIGHTY AND
XX/100 Dollars ($85,180.00). The method and time 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"Budget"section set forth in
Exhibit A. Contractor may adjust individual budgeted expenditure amounts without approval of the State provided
that no budget transfers 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 otherwise
specified in the"Budget"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) Modification by Operation of Law. This Contract is subject to such modifications as may be
necessitated by changes in federal or state law or requirements. Any such required modifications shall
be incorporated into and be part of this Contract as if fully set forth herein.
b) Unilateral 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 Contract,"Responsible Administrator";
ii) Paragraph 3 of Exhibit A,Scope of Services"Time of Performance";
iii) Paragraph 5 of Exhibit A,Scope of Services"Remit Address";
iv) Paragraph 6 of Exhibit A,Scope of Services"Payment Schedule";
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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"Budget"section of Exhibit A, when cumulative budgetary
line item changes exceed Twenty Thousand Dollars($20,000.00);
ii) unless otherwise 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 additional or less funding is needed and approved and modifications are required to
Paragraph 5 of this Contract,"Compensation and Method of Payment"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 Contract.
• 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 modifications 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
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 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 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 from the effective date of this Contract until five(5)years after the date of final payment for this
Project 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 govemment 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_sec, 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
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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. Conflict of Interest. The Contractor shall comply with the provisions of 18-8-308 and 24-18-101 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 obligations 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 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, 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 Contract,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 Contractor 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 termination 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 Contractor 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%)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 otherwise 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. Integration. 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.
14. 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 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 validity 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.
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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 party, 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. Notwithstanding 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 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.
19. 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.
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 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:
A. Colorado Special Provisions
B. Contract
C. The Scope of Services, Exhibit A
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SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL.CRS 24-30-202(1)
This contract shall not be deemed valid until It has been approved by the Controller of the State of Colorado or such assistant as he may
designate.
2. FUND AVAILABILITY.CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current f iscal year are contingent upon funds for that purpose being
appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law, the contractor shall Indemnify,save,and hold harmless the State against any and all claims,damages,
liability and court awards Including costs,expenses,and attorney fees incurred as a result of any act or omission by the Contractor,or its
employees,agents,subcontractors,or assignees pursuant to the terns of this contract
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 for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the
Federal Tort Claims Ad,28 U.S.C.2671 et seq.as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR.4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE.NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE 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 TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS
CONTRACT.CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR 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 AGREEMENTS,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 THE ACTS
OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The 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.My 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
provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the
contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and
regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No State o r other public funds payable u nder this Contract shall be used for the acquisition,operation,or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions.The Contractor hereby certifies that,for the term
of this Contract and any extensions,the Contractor has In place appropriate systems and controls to prevent such improper use of public
funds.If the State determines that the 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 the Contract and any remedy consistent with United
Stales copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST.CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever in
the service or property described herein.
Effective Date:April 1,2004
Page 6 of 7
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS, GOVERNOR
BOARD OF COUNTY COMMISSIONERS.
WELD COUNTY. COLORADO By/
Legal Name of Contracting Entity Michael L. Beasley, Executive Dire or
846000813 Department of Local Affairs
Social Security Number or FEIN
�lX U V UG� PRE-APPROVED FORM CONTRACT REVIEWER:
Signature of Authorized Officer
)(CM
I .1/46S-
I
I o �/`)t'S d E/l s CHAIR �=_= A
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
l
Attest(Seal)By��ff Jo./'////q('J`,// ����
(Corporate Secre ry of Equivalent or T 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 C ontroller, or s uch assistant a s 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 (i
/;) e Man uten, Controller
t f-7 Department of Local Affairs
Date 1 '14" r
Effective Date:April 1,2004
Page 7 of 7
EXHIBIT A
SCOPE OF SERVICES
EIAF#4703—Weld County—Mt.View Water System
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION,OBJECTIVES AND REQUIREMENTS
The Project consists of the reconstruction of water lines, replacing water meters and the purchase of a
remote water meter reading system for the Mountain View Water Association system in Weld County
(Contractor). The water lines to be reconstructed are located in Weld County Road (WCR) 13 between
WCR 2 and 8 and in WCR 17 between WCR 2 and 6. Up to 100 water meters will be installed with those
along the reconstructed lines being installed prior to others within the association. The purchase of the
remote water meter reading system will include the remote reader, computer and software.
Eligible expenses include costs associated with the Project described above.
Weld County will own items purchased with Energy Impact funds that may include all or part of the water '
lines, meters and remote reader system. The water system will be operated and maintained by the
Mountain View Water Association.
The Mountain View Water Association will contribute at least$25,000 to the Project. Weld County will
contribute gravel and fill material for the project.
Energy and Mineral Impact Assistance funds in the amount of EIGHTY FIVE THOUSAND ONE
HUNDRED EIGHTY AND XX/100 Dollars($85,180.00)are provided under this Contract to finance
Project costs. The Contractor is expected to provide FIFTY FIVE THOUSAND AND XX/100--- Dollars
EIGHTY FIV55,000.00E THO in USAND ONect E HUNDRED EIGHTY AND event, is Ponsible XX/100 for
Dollarsr( $85,180.00 ect cost in )xcess of
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
There are more than 12,000 oil and gas wells in Weld County.
3. TIME OF PERFORMANCE
The Project shall commence the full and proper execution of this Contract and shall be completed on or
before September 30,2005 . However, in accordance with paragraph e,.b. or 8.c. contained within the
main body 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 September 30, 2005 and shall include a full justification for the time extension.
Page 1 of 2
EIAF#4703—Weld County—Mt View Water System
4. BUDGETExpenditures
Revenues
Energy/Mineral Impact-GRANT $85,180 Water Line Construction $101,280
Contractor Funds 55.000 Meters 30,000
Remote Reader System 8 900
Total $140,180 Total $140,180
5. REMIT ADDRESS: (Address to where payments are to be sent)
915 10th Street
Greeley. CO 80631
6. PAYMENT SCHEDULE
Grant Payments
$8,000 Initial payment to be made within thirty(30)days of the date of execution of
this Contract.
69,180 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.
8000 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.
$85,180 Total
7. CONTRACT MONITORING
The State shall monitor this Contract 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 CI
. • •
EIAF# (Insert Project Title)
EXHIBIT Cl .
Contract Routing#
Encumbrance
Vendor#
for Remit Address
APPR GOL
CFDA# NIA
Unilateral
Amendment#_of ne of Contract—Grant/
Between Colorado De•artment of Local Affai a d G ame - d Address
State Executed Contract Modificatio - e state si: - ->.e r ge only)
A. Modifications to Contract Boilerplate
Responsible Administrator: Del ins s tz and insert I th. eo'_ ew"Responsible
Administrator".
Repayment of Loa • ete cu 2." ,s lieu t -;•f new ; 2.
B. Modifications to Exhibit e o
Time of Pe -" ance: a Is 1 ed by dele . sate"and inserting in lieu thereof"
e ". •
Re Addre to cu >•t d• an .. ' in lieu thereo ew"Remit Address".
ment Sch: ul =i-te c nt edule"a i e rdji i reof new"Payment Schedule".
C. M o E ,, Re u2r ent Schedul •
D t L• r Re•- edule an ins [iieu of new Loan Repayment Schedule.
All of terms • ' ns of the Origin ain unchanged except for those terms and conditions
modifie this e nt# and all p io mendments. Both parties also expressly understand that
this Arne s incorporate:• brig' 1 Contract
it J
Review by: Department of Local Affairs
Pre-approved Form Contract Reviewer Michael L.Beasley, 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 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 andlor
services provided.
STATE CONTROLLER:
Leslie M.Shenefelt
By
Rose Marie Auten,Controller
Department of Local Affairs
Date:
EXHIBIT C2
4 'ry -
•
EIAF#_- (Insert Project Title)
EXHIBIT C2
Contract Routine#
Encumbrance#
Vendor#
"emit Address
.Glace'- GBL
CFDA N/A
Bilateral
Amendment# of of Grant/L• -, oan
' Between Colorado De•a ment .f L• =I nd Grantee e :- d Address
State and Contractor Execut: , .n: state and • ,r s ,nature page)
A. Modifications to Contract Boilerp
Compensation and .•.od of • t:
"Compensation an. of Pa ' in th> Cont odifi: .y g' Amount "and
inserting i lieu there • . •unt
esponsib. •dminist o , ;. finis; • s name a in lieu thereof new'Responsible
inistrat.
Co Hance Bcabl- a - • [ #2. • pliance with licable Laws"in the Original
Contr ct is m• . • ollows ncl -xis; r : age'Is reiz ise "and the revised language.
nt of e cu .nt"# "and insert in I %a 22'.
B. Mod' t Ex ,,itA, ' . _ ervices. -d
Pr ct De ti objectives and Ila "1. Project Description, Objectives,and
Req en -ction A."is modj ed fo s: Include existing language 'is revised to read"and the
revis e.
Energy nd Mineral Impac and Mineral Impact"is modified by deleting current Energy and
Mineral Impact and inserting rrrr1111���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. Modifications 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
modified by this Amendment# and all previous amendments. Both parties also expressly understand that
this Amendment# is incorporated into the Original Contract.
..
EIAF#- (Insert Project Title)
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
Legal Name of Contracting Entity By
MiC ea a Executive Director
Depart f cal Affairs
Social Security Number or FEIN
Signature of Authorized Officer PROVED FO VIEWER:
By
•
Print Name Title of A • Officer
C O OM:
(A se rattesta tred.)
% rDip
�i
Attest(Sea y
Secretary... CaJ own/City/County Clerk)
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
Rose Marie Auten,Controller
Department of Local Affairs
Date
Hello