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Home My WebLink About931124.tiff RESOLUTION RE: APPROVE CONTRACT WITH COLORADO DEPARTMENT OF TRANSPORTATION FOR TRANSFER OF STATE HIGHWAY 392 AND AUTHORIZE CHAIRMAN 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 a Contract between the Colorado Department of Transportation and Weld County, Colorado, by and through its Board of County Commissioners, for the transfer of State Highway 392 from the State Highway System to the Weld County road system, 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 Contract between the Colorado Department of Transportation and Weld County, Colorado, for transfer of State Highway 392 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 1st day of November, A.D. , 1993. / 414:a O /I BOARD OF COUNTY COMMISSIONERS ATTEST: /I, J, � WELD COUNTY, COLORADO Weld County Clerk to the Board C-�a fA�cE.- i 4,c �/ Cl// Const�nce L. Ha bert, /lChairman BY: De ty �{e O /(f -lY�C the Board W. H b4' Y r J�/' Tem APPRO AS TO FORM: owe i?:C; e . Ba 40e Co y Attorn y ale K. Hall /Barbara J. Kirkmey 931124 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 ,e S OT 1420 2nd Street P.O.Box 850 Greeley,Colorado 80632-0850 (303)353-1232 C 3921-003 Briggsdale South Subaccount 10194 CDOT File 4062 December 10, 1993 Mr. Drew Scheltinga Weld County P.O. Box 758 Greeley, CO 80632 Dear Drew: Enclosed is your copy of the fully executed contract for the above captioned project. Effective December 3, 1993 you are authorized to proceed with the project plans preparation. Pursuant to terms in the contract, we are now authorized to initiate procedures to transfer funds to the County for the preliminary engineering phase. Please call me at 350-2147 to schedule a project review at your earliest convenience. At this meeting, we should be able to confirm the schedules for the FIR, FOR and Advertisement. Very truly yours, hn E. Kessenich , Project Manager JEK:cm Enclosure cc: D. Rames Davis/Elmquist R. Patrick (w/copy of contract) Central Files File via McKee (w/copy of contract) 931121 7- 55L C 3921-003 BRIGGSDALE - SOUTH (LUMP SUM) CONTRACT THIS CONTRACT, made this 5/'d day of A tmb+r, 19 9Z3 , by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT, and the COUNTY OF WELD, STATE OF COLORADO, hereinafter referred to as the Local Agency or 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 payment in Fund Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function 3020, Object 2312 1 N, Originating Unit , Contract Encumbrance Number 10194 [00] D (Contract Encumbrance Amount $100, 000) ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, by Resolution dated May 24, 1993, the Board of County Commissioners of Weld County has agreed to accept that 18-mile portion of current State Highway 392 described in Exhibit A as part of the Weld County road system upon State Transportation Commission abandonment, and to pave the 9.5-mile gravel section of that portion to County standards if the State Transportation Commission contributes $1 . 7 million to the County for such paving over the next 3 fiscal years (1994, 1995, and 1996) ; and WHEREAS, on June 4, 1993, the Transportation Commission adopted Resolution TC-199, which is attached hereto and incorporated herein by this reference; WHEREAS, pursuant to Resolution TC-199, the Transportation Commission abandoned ownership of an 18 mile portion of SH 392 (milepost 23 .5 to milepost 41 .5) from the junction of SH 392 and SH 37 to the junction of SH 392 and SH -1- 931124 14 in Weld County and agreed to provide funding, subject to fiscal year budgeting, for the design and the construction of paving for the 9.5 mile unpaved section of former SH 392, up to a maximum amount of $1, 700, 000; and WHEREAS, pursuant to its Resolution dated May 24, 1993, the County accepted ownership and maintenance responsibilities for the 18 mile portion of SH 392 upon the adoption by the Transportation Commission of Resolution TC-199; and WHEREAS, the Commission Resolution authorized CDOT to enter into an intergovernmental agreement with the Local Agency to fund the paving of the unpaved portion of former SH 392, subject to fiscal year budgeting action; and WHEREAS, State funding in the amount of $100, 000 for design of the paving of the 9.5 mile unpaved section of former state highway 392 has been budgeted by the Transportation Commission but the remaining amount of $1, 600, 000 for the actual construction of the paving is not currently budgeted or available; and WHEREAS, the State desires to fund the construction for paving the 9 . 5 mile unpaved section of former SH 392, subject to the future availability and budgeting of $1, 600, 000 by the Transportation Commission for such construction; and WHEREAS, the Local Agency understands that the State shall have no obligation to pay for the construction of the paving of former SH 392 unless and until State funds become available and are budgeted by the Transportation Commission for this purpose; and WHEREAS, the parties are authorized to enter into this contract pursuant to the provisions of Sections 29-1-203, 43-1-106, 43-1-110, 43-1-114, and 43-2-144, C.R. S. , as amended and pursuant to the attached resolution from the Local Agency. -2- 931124 NOW, THEREFORE, it is hereby agreed that: 1 . This contract establishes the general provisions for and defines certain responsibilities regarding the design and the construction for paving the 9. 5 mile unpaved section of former state highway 392 south of Briggsdale in Weld County, Colorado ("the work") . The work shall be completed in accordance with Local Agency standards . 2 . The Local Agency shall be responsible for the performance of the design portion of the work. The State shall review the design, advertise the call for bids and award the construction contract (s) to the low responsible bidder (s) . 3 . The Local Agency will provide construction engineering during the construction of the work. Said construction engineering will include field and office engineering, inspection and material testing, traffic control, and the supervision of the construction of this project . The Local Agency will inform the State of any construction contract modifications resulting from the construction engineering. On completion of the work, the Local Agency will schedule a final inspection of the work with the construction contractor and the State. Based upon that inspection, the State will indicate in writing its concurrence or non-concurrence of the satisfactory performance of the work. Performance of the work in accordance with the plans and specifications will be deemed to be satisfactory. Upon satisfactory performance of the work, the State will effect contract close out procedures, including advertising for and settlement of claims . 4 . Within 30 days after the date of execution of this agreement, the State shall provide to the Local Agency a lump sum payment of $10O, 000 for the design portion of the work. This is the total amount of the State' s obligation for the design of the paving. If costs of the design exceed this amount, the Local Agency shall be -3- 931121 responsible for such excess costs . 5 . Subject to availability and budgeting, the State shall provide funding for the construction portion of the work during State fiscal year 1995 or 1996 . The total amount of the State' s obligation for the construction of the paving will be $1, 600, 000 . If the costs of construction exceed this amount, the Local Agency shall be responsible for such excess costs. The State shall have no obligation for costs or performance of construction of the work unless and until State funds are made available and budgeted by the Transportation Commission for this purpose. 6. The Local Agency shall use any funds provided by the State for the sole purpose of design for paving the subject 9.5 miles of (former) SH 392 . The Local Agency must satisfactorily perform the design portion of the work, as determined by the State, by not later than January 31, 1995, or return the portion of funds previously paid by the State which represents the portion of design work remaining to be completed or the portion of design work not completed to the State' s satisfaction. 7 . The State shall review the design portion of the work. In the event the completed design work is not satisfactorily performed in accordance with Local Agency standards, as determined by the State, the Local Agency will return, the portion of the $100, 000 that represents the cost of the unacceptable design work. 8 . The State shall not be liable to pay for any costs of the work exceeding $1, 700, 000 . Upon completion of the work to be performed under this contract and acceptance thereof by the State and the Local Agency; the State will submit a final recapitulation of the work costs to the Local Agency and a final billing for any balance due as its share of costs of the work. Should the Local Agency fail to pay moneys due the State within 30 days -4- 931124 of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may, after notice to the Local Agency withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State until the full Local Agency share has been paid by and on behalf of the Local Agency. Interim funds, until the State is reimbursed, shall be payable from State Highway Supplementary Fund (400) . 9. The Local Agency assumed sole responsibility for the maintenance of SH 392 east of its junction with SH 37 on June 4, 1993 . The Local Agency shall maintain the road in accordance with applicable standards . 10 . This contract is intended as the complete integration of all understandings between the parties . No prior contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written executed and approved pursuant to the State Fiscal Rules . 11 . This contract shall inure to the benefit of and be binding upon the parties, their successors and assigns . 12 . The "Special Provisions" attached hereto are hereby made a part hereof. For the purpose of this contract, the Local Agency shall be known as "the contractor" for purpose of the Special Provisions. 13 . The term of this contract, except for the provisions regarding maintenance, shall continue through the completion and final acceptance of this project by the State and Local Agency. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, -5- 931124 relieved of such responsibility. 14 . 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 be construed as a waiver of any other term, or the same term upon subsequent breach. 15. It is expressly understood and agreed that the Local Agency shall not in any respect be deemed an agent of the State. 16. It is expressly understood and agreed that enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Local Agency and the State, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the Local Agency and the State that any person other than the Local Agency or the State receiving services or benefits under this contract shall be deemed to be an incidental beneficiary only. 17 . The Local Agency represents and warrants that is has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms . -6- 93112' IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. STATE OF COLORADO ATTEST: ROY ROMER, GOVERNOR ' fr Chief C �rk�� ilyg Exec tive Dire for DEPAR MENT OF RANSPORTA ON APPROVED: CLIFFORD W. HALL GALE A. NORTON State Controller Attorney General By BARRY B. Y Assistant Attorney General Natural Resources Section AST• / ' /� WELD COUNTY, COLORADO awl /D4v 4e 1/41 By DEPUTY CL K BOAR By CONSTANCE L HARBER 11/03/93 Title CLERK TO BOARD Title CHAIRMAN -7- 9311,2.'t RES.NO. WHEREAS, State Highway 392 (SH 392) is part of the TC-199 State Highway System; and WHEREAS, the Colorado Department of Transportation (CDOT) is responsible under §43-2-102, C.R. S. , to maintain SH 392, and the Transportation Commission is responsible under §43-1-106, C.R. S. , to formulate the general policy with respect to such maintenance; and WHEREAS, the Transportation Commission also has the authority under §43-2-106, C.R. S. , to abandon a portion of SH 392 if such portion is no longer needed as a State Highway; and WHEREAS, under §43-2-106, any portion of SH 392 abandoned by the Commission will then become a county road if the portion is still necessary for use as a public highway and if the Board of County Commissioners of the County where that portion exists adopts a resolution to the effect; and WHEREAS, approximately half (9. 5 miles) of an 18-mile portion of SH 392 in Weld County between the junction of SH 392 and SH 37 (Mile Post 23 . 596) , east and then north to the junction of SH 392 and SH 14 (Mile Post 41 .583) (as described on Exhibit A) is a gravel road, on soft soils, and consequently suffers from washboarding; and WHEREAS, the condition of that 9 . 5-mile portion of SH 392 presents continuing maintenance problems and results in continuing maintenance costs to CDOT; and WHEREAS, fugitive dust resulting from vehicle travel on that portion of SH 392 cannot be controlled by normal gravel maintenance procedures, and CDOT has received complaints concerning such dust; and WHEREAS, CDOT has estimated that it would cost approximately $5 million to pave the 9. 5-mile gravel portion of SH 392 to State standards, and CDOT does not have the funding allocations necessary in its Five Year Construction Plan to perform that paving; and WHEREAS, in addition to the $5 million paving cost, CDOT has estimated the continuing maintenance costs of the 18-mile portion of SH 392 for the next 5, 10, and 20-year periods that CDOT would be responsible for if that portion remained a State Highway, as described in Exhibit B; and WHEREAS, Weld County could pave the 9. 5-mile portion of SH 392 to County standards for approximately $1 . 7 million, which amount is significantly less than the estimated $5 million it would cost CDOT to perform the work to State standards; and -8- 931124 WHEREAS, the Board of County Commissioners of Weld County has determined that it needs to continue to use the 18—mile portion of SH 392 as a public (County) roadway, while CDOT has determined that the 18-mile portion is no longer needed as a State Highway since there are two other State Highways (SH 85 and SH 14) that run parallel to SH 392 in that area; and WHEREAS, the Board desires to accept that 18-mile portion as a County road and to pave that portion to County standards, if the Commission abandons that portion and if CDOT contributes the estimated $1 . 7 million needed to pave that portion to County standards; and WHEREAS, it is beneficial for the Transportation Commission to abandon the complete 18-mile portion of SH 392 described in Exhibit A, rather than only the 9.5-mile gravel section of that portion, in order to prevent a stub end highway on the State Highway System; and WHEREAS, by the Resolution dated May 24, 1993, and attached as Exhibit C, the Board of County Commissioners of Weld County has agreed to accept that 18-mile portion of current State Highway 392 described in Exhibit A as part of the Weld County road system upon Transportation Commission abandonment, and to pave the 9. 5-mile gravel section of that portion to County standards if the Transportation Commission contributes $1 . 7 million to the County for such paving over the next 3 fiscal years (1994, 1995, and 1996) ; and WHEREAS, as a result of Weld County accepting the 18-mile portion of State Highway 392 onto its County roadway system, that 18-mile portion will remain a public road and, therefore, no landowner will suffer damages due to this action; and WHEREAS, as an additional result of County acceptance of that 18-mile portion as part of the County road system, the County will be responsible for the continuing maintenance of such portion as a County road, pursuant to applicable law; and WHEREAS, the Commission has determined that, as a result of Commission abandonment and County acceptance of the 18-mile portion of SH 392 as a County road as described herein, CDOT will realize significant maintenance cost savings. -9- 931121 NOW THEREFORE BE IT RESOLVED, that the Transportation Commission of Colorado hereby: A. Abandons ownership of the approximately 18-mile portion of SH 392 from the junction of SH 392 and SH 37, then east and north to the junction of SH 392 and SH 14, as described in Exhibit A, in reliance upon Weld County' s performance of the actions described in Exhibit C. B. Directs CDOT to initiate appropriate budget actions for Commission approval to provide the $1 . 7 million to the County over the next 3 fiscal years in accordance with the payment schedule described in paragraph C below. C. Authorizes CDOT to execute a contract with Weld County, subject to fiscal year budgeting, concerning payment of $1 . 7 million by CDOT to the County for paving the 9.5 miles of current SH 392 to County standards in accordance with the following payment schedule : 1994 — $100, 000. 00 Preliminary Engineering - Final Design 1995 - $800, 000. 00 Paving Construction 1996 - $800, 000. 00 Paving Construction TOTAL: $1, 700, 000. 00 -10- 931 1 as JUH cJ ''JJ N'y:1bHPI I.LU I br .LEY MH1fI I LNHNLL P.6.. N N I / 'n1I V I C. i..� • �' a !1 ,-.. ,t �1 a -tf N II n 1 1 I , ..�+ �.. w q piII • 1 u II = NI `\ 1 ' N e 16$ a 4\ S\. .0 C n A A • • ' 2$ I�[ i II N • ,4 : ar ( ,a pp ,1 \ .. IN „ x ,1 ,a 1 '„ 11 n \n :�i a 'u H (/ 11. III 1�° i .a, •j/ ' •. .I ' '�' • A 7 0 11. U .n, • " .J 1 l I w •• 1 •I• » + ` • I mil ` ) . P it I •II I I '[.,, 1� II • n _ • r II 1 Iw✓wl ' i El a• w i. N al il v x: / Y N L 1 11 ' of Sita:•:i r.:ar...a,.�.e I .•• .��.. :�imil:Wealec:�.:l>:31, •yyYYf.O�ipi'O:L a• II w u • I 'Q • l� , a I r •I , I p a r • a • a a. Sit: ! •1 1 II II I. I I • II" • I I n fI 1 1 r •, 1 a I LL it $pNM-II-Aar•= '�a G9C �' -� I �� I ---'ll " CE O-1O�' I� i 77 j .l II x ° II II t[1� T 1i I'd n a • i .. o ', r • I. rlll N ;� 11 !' "` I I I '\ ill { iG a� I 1 II Iw -� • II , r •- I •1f\:: . I ,I 11 a •• •• .r1' ql 'y' M '!I Y O n • » n a la ,I v' N k • . .r \ r1 lit:`tII • 11 I ' ..ii.IS a:I j;I II ,aa NI . •1• a• .I •L II ry 1 v /li •» :.— Y I. _ _ I , y _ I. �y a M — „ Y v :)a� . / •` �ar ' -� -rte ` I 7 7 .4( 11_• _1\ a — ,—•i /• - i I1• . i .1 e /�� • u 1 .� ' a 1 n • i I Il II • I • • (T a 7'/ • la I •IM 1 I�'• w 11 • 11 • 11 •II I •a�.�. f trIeII On •..• •I • I ^w,.. II i~ .tip II II III111 11 ;� I 11 f N , O, �x Ile 11 a _ 1 • N I v a II 1• ,,f M �• + I • gM.CvyJ.- a II .4 11 a• 1 uO• ©1 ••I Jr •'- Sz •• - -- - - -- • n. I,'I IJ I .:12 a . 1Q l.J a 1. P�, • •' 'rte ••• • • •umOW+• \`?iINY - - _-_! i Is • 10a e s n x•� � I• 1• ,e IT b '4N. w• ' • •nom: x d x i • » EXHIBIT A r a• •e • ` rIall ., : ^ - . ' , Abandon paved 1.a • T - :.-f. .: .Vl I? • ~��; , - . a Abandon gravel. -� �}; n!eel - • I • • rfI • •• • - • • n w • • x a a • M itt err u.1•, • . + I! x Da x N p 11.KO IN WYNN Id I a 1 .�, 912 T SPECIAL PROVISIONS CONTROLLER'S APPROVAL I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2.Financial obligations of the Slate of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted. and otherwise made available. BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars for the construction,erection.repair.maintenance,or improvement of any building, uded road,bridge,viaduct,tunnel,excavation or other public work for this State.the contractor shall.and ore re e t eat bond orering upon other performance acceptable surety y such to be work pine d by in this contract,duly execute and deliver to the State official who will sign the contract,a gby a said official in a penal sum not less than one-half of the total amount payable by the terms ofthis conat tract. the contractor hall beau duly executed x cut a fail qualified corporate rare surety conditioned upon the faithful performance of the contract and in addition, provide labor,materials,team hire,sustenance,provisions-provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to he done or fails to pay any person who supplies rental machinery,tools.or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4.To the extent authorized by law,the 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 incurred as a result of any act or omission by the contractor,or its employees, agents,subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5.The contract r agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,d pffr then a Action,datedlawd spec rag 16. discrimination and unfair employment practices(CRS 24-34-4O2).and as required by Executive Order,Equal Opportunity 1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a)The contractor will not discriminate against any employee or applicant for em will ployment because�� f ra to��creed, cog national origin, that ex marital status, ancestry,mental or physical handicap,or age.The contractor s,Such action shall include,but not be limited to the following: employees are treated during employment,tent,without regerd to the above mentioned characteristics. employment upgrading,demotion,or transfer.recruitment or recruitment advertising':lay-offs or terminations:rates of pay or other fans of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this nn-discrimination clause. (b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap. or age. or ive f workers with which he a collective bargaining agreement or understa contractor nding.notice tll send to each to be provided by the contracting officer union or .advising the labor union or workers'representative of the contractor's commitment underr tthe Executive Order.Equal Opportunity and Affirmative Action,dated April 16. 1975,and of the rules,regulations,and relevant Orders of the Governor. (d)The rts al 16, 1975. and byrthe and regulatios n furnish all s and Orders information the above nor oropur required thereto.Executive will permit a access to his Opportunity books,records,and accounts by April he contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules.regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color. sex,national origin,or ancestry. t.incite, el or ce the of any act ned in this e discriminatory oruobstructor prevent anr the y persos or n s thereof will not aid,fromwith the provisions of this op tr ct or any order issued d thereunder;or attempt,eitheract tor directly or indirectly-to commit any act defined in this contract to be discriminatory. Form 6-AC-02B Revised Il93 395-53-01-1022 page_l_. of 2 pages 931124 (g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations.or orders. this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,regulations,or orders promulgated in accordance therewith, or as otherwise provided by law. (h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions.including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency.the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a.Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection 00 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended.but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102) GENERAL 7.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, defence,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. ' 8.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. 9.The signatories aver that they arc familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office), and that no violation of such provisions is present. 10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein: WITNESS WHEREOF.the parties hereto have executed this Contract on the day first above written. Contracto . (Full Legal Name) STATE OF COLORADO ROY ROMER,GOVERNOR By •5 EXECUTIVE CfOR Position(Title) Social security Number or Federal I.D.Number DEPARTMENT If Corporation:) OF Attest(Seal) By Corporate Secretary,or Equivalent.Town/City ray Clerk APPROVALS ATTORNEY GENER CONTROLLER • By By. Form 6-AC-02C Page 2 which is the last of_Z Pages Revised 193 395-53-01-1030 On44ne • istote, MEMORAnDUM WIDt To Clerk to the Roard Date October _a 1993 COLORADO From Drew Scheltinga subiectAgenda Item Please add the following to the Board's agenda: "Approval of contract for transfer of State Highway 392 from the State system to the Weld County road system. " Appropriate documentation is attached. DG/pds:ctb3 Attachment cc: Commissioner Baxter File 931124 NOV-23-'92 13:56 T- 0037-83 MAY-24-'93 15:13 ID:CDOH GREELEY CO TEL NO:303-35021TR 089'7 P03 $ RE: EXCHANGE CONTROL AND MAINTENANCE OF STATE HIGHWAY 392 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, ilt adopted by the following vote on the 24th day of May, A.D. , 1993. ATTEST: . BOARD OF COUNTY COMMISSIONERS I NsI,q COUNTY, COLORADO Weld County Clerk to the Board /Q/ Constance L. Harbert, Chairman f BY: 47i 4-,O .t 'ore //CI-b./ Deputy Cler to the gygrd� - Te d� 11 \, W. F{. Webster, Pro;7'am APPD AS TO FORM: /J( !/ ,�j u C /+mil r ��- ill - I r er e'E. Batter ill alr- County Attorney Dale K. Hall i la /6/4.2.4],4 , .� e 4..�/XLc,,A _ . ' Barbera J. Kirkmey It 4,0 1 Pli i f pi 931124 /01 mEmoRAnDum To Clark to tha Rnard Date October 26 1993 COLORADO From Draw Srhaltinga SubiectAgenda Item Please add the following to the Board's agenda: "Approval of contract for transfer of State Highway 392 from the State system to the Weld County road system." Appropriate documentation is attached. DG/pds:ctb3 Attachment cc: Commissioner Baxter File 931124 Hello