HomeMy WebLinkAbout982050.tiff LARIMER ENGINEERING DEPARTMENT
COUNTY Post Office Box 1190
Fort Collins, Colorado 80522-1190
(970)498-5700
COMMITTED TO EXCELLENCE FAX(970)498-7986
August 17, 1998
Bob Felsburg
Felsburg,Holt& Ullevig
7951 Maplewood Avenue
Suite 200
Englewood, CO 80111
RE: Upper Front Range Regional Transportation Plan-Contract for Consulting Services
Dear Bob:
Enclosed is your fully executed copy of the contract for professional services to prepare the Upper Front Range
Regional Transportation Plan. I look forward to working with you and the other members of the Technical
Advisory Committee on this interesting and important project.
Please call me if you have questions or comments.
Sincerely,
SiiQ n
Mark R. Peterson, P.E.
County Engineer
Enclosure
cc: '—Ms.Barbara Kirkmeyer- Weld County
Mr. George Ventura-CDOT
Ms. Cynthia Erker-Morgan County
7,'d) /)1
i6//Y/1 , 982050
2020
UPPER FRONT RANGE
REGIONAL TRANSPORTATION PLAN
CONTRACT
THIS CONTRACT, made this 5th day of August, 1998, by and between the UPPER
FRONT RANGE REGIONAL PLANNING COMMISSION, hereinafter referred to as the Client,
and FELSBURG HOLT & ULLEVIG, INC., 7951 E. Maplewood Avenue, Suite 200,
Englewood, Colorado 80111, hereinafter referred to as the Consultant.
WHEREAS, authority exists in the law and funds have been budgeted, appropriated
and otherwise made available; and
WHEREAS, required approval, clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, the Client anticipates a project for the development of a 2020 Regional
Transportation Plan for the Upper Front Range Planning Region in Larimer, Morgan and
Weld Counties; and
WHEREAS, the Client desires to engage the Consultant for project services related
to the development of the subject plan; and
WHEREAS, the Consultant has submitted a proposal wherein the scope of work for
the project, hereinafter referred to as "the work", is described; and
WHEREAS, the work is of primary urgency to the Client; and
WHEREAS, the Client deems it to be in the public interest to engage the Consultant
to perform the work; and
WHEREAS, the selection of the Consultant by the Client was based upon a
comparative evaluation of the professional qualifications necessary for satisfactory
performance of the work, with relation to other available consultants so qualified and in
conformity with the principle of selection of the most highly qualified consultant for this
project; and
WHEREAS, the Consultant represents that it is in compliance with the Colorado
Revised Statutes relating to the registration of professional engineers and has signified its
willingness to perform the work for the Client; and
WHEREAS, it has been determined that no Client agency can reasonably provide "in
house" services to perform the work required of the Consultant.
NOW, THEREFORE, it is hereby agreed:
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ARTICLE I
DESCRIPTION OF THE WORK
SECTION 1 . WORK LOCATION
This subject project is located in the Upper Front Range Transportation Planning
Region comprised of Larimer, Morgan, and Weld Counties, Colorado.
SECTION 2. SCOPE OF WORK
A. The work which is the subject of this contract is described in Exhibit A,
which is attached hereto and made a part hereof by this reference.
B. The parties may supplement this contract in writing to provide additional
consultant services on this project as requested by the Client.
C. If the Client changes the scope of the work, or if there is an increase in either
the cost of or time for performance of the work, then an adjustment in
contract terms may be negotiated and implemented by written supplemental
contract.
ARTICLE II
COMMITMENTS ON THE PART OF THE CONSULTANT
SECTION 1 . GENERAL REQUIREMENTS
A. The Consultant shall undertake and faithfully fulfill the requirements of this
contract.
B. Pursuant to the Client's written Authorization to Proceed, the Consultant
shall perform the work described in Exhibit A in close cooperation with the
Client and in accordance with the schedule and provisions of this contract in
a manner acceptable to the Client.
C. The Consultant shall be responsible for the work being accurate and
complete.
SECTION 2. COMMENCEMENT AND COMPLETION OF THE WORK
A. The Consultant agrees to begin performance of the work on the date
indicated in the Client's written "Authorization to Proceed", as provided in
Article III, Section 3, Paragraph B, herein.
B. Except as may be changed by supplemental contract, the Consultant shall
complete the Regional Transportation Plan by July 1, 1999.
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SECTION 3. IMMEDIATE PERFORMANCE OF ADDITIONAL WORK
A. The Client hereby reserves the right, and the Consultant agrees, to
supplement this contract by purchase order in accordance with the following
conditions if the Client determines, in its discretion, that such action is
necessary, to provide for the immediate performance of additional work and
to save the time and expense that would otherwise be expended in the
normal supplemental contract process. Such purchase order may be issued
by the Client at any time during the performance of the work. The
Consultant shall perform the additional work as provided in the purchase
order and this contract.
B. The purchase order shall be issued by the Client only in the event that the
Client determines that unforeseen circumstances have developed since the
execution of this contract, which could not have been anticipated before the
execution of this contract, and which cannot be addressed in a timely
manner with regular contract procedures, and which require that additional
work be performed immediately in order to prevent project delays, or to
conserve costs or to otherwise protect the interest of the Client.
C. The purchase order shall authorize only the performance of additional work
which the Client determines to be of the same type as, an extension of, and
directly related to the work and project expressly authorized by this contract.
D. The purchase order will contain certain terms applicable to the performance
of the additional work, including a detailed summary of the additional work to
be performed thereunder, a maximum cost approved for such additional
work, and the completion date of the additional work. All other terms and
conditions of this contract shall be deemed to be automatically incorporated
therein by this reference.
ARTICLE III
COMMITMENTS ON THE PART OF THE CLIENT
SECTION 1 . GENERAL REQUIREMENTS
A. The Client shall provide those services and single copies of those publications
which are described in Exhibit A.
B. The Client's reproduction facilities will not be available to the Consultant.
SECTION 2. SERVICES BY CLIENT
A. The Client will provide access to Client computer resources to the Consultant
for the work only as expressly provided in Exhibit A.
3
SECTION 3. CLIENT OBLIGATIONS
A. The Larimer County Engineer is designated to inspect the work and to
coordinate all stages of the work. Notwithstanding such inspection and
coordination, the Consultant shall remain solely responsible for the accuracy
and completeness of the work.
B. Subsequent to execution of this contract by all required signatories, the
Client shall notify the Consultant, in writing, to commence work, by an
"Authorization to Proceed" (Article II, Section 2, Paragraph A).
C. Upon written notice from the Consultant of the existence of causes over
which the Consultant has no control and which may delay the work, the
Client may, if it finds said causes sufficient, extend the time specified in
Article II, Section 2, Paragraph B for completion of the work by a
supplemental contract.
D. Client consent to the formal submittals by the Consultant must be given in
writing in all instances. If verbal consent is first given by the Client in the
interest of progressing the work, it shall be confirmed in writing by the Client
as quickly as possible.
ARTICLE IV
COMPENSATION FOR THE WORK
SECTION 1 . COST OF CONTRACT
A. The total cost of this contract shall be Forty-Seven Thousand Twenty Dollars
($47,020). This amount shall not be exceeded without benefit of a written
supplemental contract.
B. During the progress of the work, if the Consultant determines that the work
cannot be concluded within the estimated budget, the Consultant shall notify
the Client in writing of such determination and after consultation with the
Client shall cease work until the Client' supplements this contract by a
change in funding, a change in work program, or a combination of both.
C. All records of the Consultant regarding the work shall be available for
inspection by authorized Client personnel during normal business hours at the
offices of the Consultant and copies of such records shall be supplied by the
Consultant at no cost to the Client upon request.
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o222/i Ti
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SECTION 2. PAYMENT
A. All invoices shall be submitted by the Consultant to the Client pursuant to
the terms of this contract. The Consultant shall submit his billings such that
the cost for each task contained in the contract shall be separately shown.
Upon approval thereof, the Client will pay the appropriate amount of each
invoice to the Consultant within 30 days of receipt of invoice.
B. Progress payment may be claimed on a monthly basis based on the
percentage of the total lump sum fee that represents the ratio of work
performed during the month to the total amount of work.
ARTICLE V
GENERAL PROVISIONS
SECTION 1 . LEGAL RELATIONS AND RESPONSIBILITIES
The Colorado Department of Highways' Appendix A, entitled "Legal Relations and
Responsibilities to the Public", "Special Provisions", and Appendix B "Certification
Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered
Transactions" are attached hereto and hereby made a part of this contract. For purposes
of the special provisions the Consultant shall be "the Contractor" and the Client shall be
"the State".
SECTION 2. FUNDING
The maximum cost to the Client shall not exceed $47,020.00 as set forth in Article
IV, Section 1, subject to the conditions for a supplemental contract as set forth in Article I,
Section 2, Paragraph C.
SECTION 3. NOTICES
All communications relating to the day-to-day activities for the work shall be
exchanged between the Larimer County Engineer and the Consultant's Project Manager.
All other notices and communications in writing required or permitted hereunder shall be
deemed to have been given when delivered personally to the respective representatives of
Client and Consultant, set forth below, or when deposited in the United States Mail,
properly addressed and with first class postage fully prepaid. Until changed by notice in
writing, all such notices and communications shall be addressed as follows:
If to Client If to Consultant
Mr. Mark Peterson Mr. Robert W. Felsburg
Larimer County Engineer Felsburg Holt & Ullevig
P.O. Box 1190 7951 E. Maplewood Ave., Suite 200,
Fort Collins, Colorado 80522-1190 Englewood, Colorado 80111
5
.92 Q51
SECTION 4. CONFLICTS
Should a conflict occur between the provisions of this contract proper and Exhibit A
or attachments, hereto, the provision of this contract proper shall govern.
SECTION 5. INDEPENDENT CONTRACTOR
The Consultant shall perform its duties hereunder as an independent contractor and
not as an employee. Neither the Consultant nor any agent or employee of the Consultant
shall be or shall be deemed to be an agent or employee of the Client. Consultant shall pay
when due all required employment taxes and income tax withholding, shall provide and
keep in force worker's compensation land show proof of such insurance) and
unemployment compensation insurance in the amounts required by law, and shall be solely
responsible for the acts of Consultant, its employees and agents.
SECTION 6. TERM OF CONTRACT
The term of this contract shall begin upon the date first written above and extend to
the date which is three months from the date of final payment for the work or final audit of
the work, whichever is pertinent to this contact, unless earlier terminated by the Client.
SECTION 7. SIGNATURE AUTHORITY
The Consultant represents and warrants that it 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 Consultant
and to bind the Consultant to its terms.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first above written.
UPPER FRONT RANGE
REGIONAL PLANNING COMMISSION
ATTEST:
i
Ms. Barbara Kir meyer
Chairperson
ATTEST: FELSBURG HOLL & ULULLEVIG, INC.
Stt! U
Title „freeTitle Pr' K G i pal
6
•
Upper Front Range Regional Transportation Plan
EXHIBIT A
SCOPE OF WORK
The following work program will serve as a framework for the necessary work efforts.
TASK 1 - PROJECT ORGANIZATION
Purpose: This task will identify the key participants in the planning process and will establish
the relationship between these participants. In this initial stage, a final approach to the work
tasks will also be agreed upon.
Subtask 1.1 Confirm the participants on the Technical Advisory Committee (TAC) and the
role of the TAC.
Subtask 1.2 Develop operating procedures for interaction between the FHU and the TAC and
the RPC. The proposed meeting schedule with the TAC and the RPC, as shown
on the schedule in this proposal, will be reviewed and refined.
Subtask 1.3 Review and discuss any unclear or unresolved work tasks, technical
approaches, or work product with the TAC. Finalize and agree upon the work
plan before proceeding.
Subtask 1.4 Clarify and agree upon all expectations of the TAC members and local entities
regarding provision of data or assistance to FHU.
TASK 2 - PUBLIC PARTICIPATION PROCESS
Purpose: The public participation component of the regional transportation plan provides the
opportunity for citizens to become involved in the process used in the development of
transportation projects, both in their region and the state. Felsburg Holt & Ullevig, following
the direction of the Public Participation section in the Colorado Regional Transportation
Planning Guidebook, will develop and conduct a public participation process aimed at ensuring
maximum opportunities for the public to become involved.
Subtask 2.1 Develop, with input from the TAC, and document a process that allows for
citizens of the region to be kept informed and involved on a continual basis and
a process that facilitates cooperation and concensus-building in the development
of the RTP.
Felsburg Holt & Ullevig Page 1
Upper Front Range Regional Transportation Plan
Subtask 2.2 Prepare a mailing list to be used to mail announcement of public workshops and
project status reports, as appropriate. This list will include individuals who were
involved in the previous planning process. It will also include all elected officials
and local government staff members who will be affected by the plan. The list
will be updated throughout the planning process.
Subtask 2.3 Conduct public workshops at times shown on the schedule:
After vision and goals are established, as data collection efforts are
commencing.
- After the additional 2020 candidate projects are identified.
- After the financially constrained plan has been preliminary determined.
A minimum of one public workshop at each of these times will be held;
however, it is anticipated that the RPC will choose to conduct multiple
workshops to ensure adequate geographic coverage.
Based on experience, it has been learned that conducting these
workshops at activity centers or community gatherings throughout the
study area successfully provides the public opportunity to participate in
the planning process. The mailing list will be used to distribute meeting
announcements to the public as well as the media.
Subtask 2.4 RPC meetings, which are anticipated at project milestones should be open to the
public. These meetings, as shown on the schedule, are expected at four points
in the process:
- Confirm vision and goals; preparation for first public workshop.
Summary of transportation data collection; preliminary summary of
revised project lists.
Submission of final RTP.
Subtask 2.5 Press releases will be prepared and distributed to the local media at key points
in the project.
Subtask 2.6 A public hearing will be held before the RPC adopts the Regional Transportation
Plan.
Felsburg Holt & Ullevig Page 2
-7
Upper Front Range Regional Transportation Plan
Subtask 2.7 Document public meetings, prepare minutes, and maintain a roster of
attendance of all meetings relating to development of the RTP.
Subtask 2.8 FHU will maintain an "open door" policy for all officials, committee members,
and members of the general public to be able to contact us at any time during
the planning process.
TASK 3 - REGIONAL VALUE, VISION, GOALS, OBJECTIVES AND STRATEGIES
Purpose: This task will result in an agreed upon list of transportation goals and objectives for
the RPC. These goals and objectives will be used to evaluate transportation alternatives being
considered in the development of the RPC.
Subtask 3.1 Work with the TAC to confirm/revise the vision and mission statement
developed in the previous plan. This effort should include consideration of the
"5 themes" underpinning development of the Statewide 2020 Transportation
Plan.
Subtask 3.2 Work with the TAC to identify a list of the issues and values with which the
region will need to deal in order to achieve its vision.
Subtask 3.3 Work with TAC to reevaluate the regional transportation goals identified during
the previous process.
Subtask 3.4 Present this preliminary vision and the list of issues and goals in the first series
of public workshops and solicit public comment.
Subtask 3.5 With the public input, the RPC will finalize these elements to guide the plan.
TASK 4 - INVENTORY OF EXISTING TRANSPORTATION SYSTEM
Purpose: This multi-modal inventory will serve as a baseline survey of all existing
transportation facilities and services in the region. This existing transportation network will
serve as a base for projecting future transportation investments to the system. Most of this
information should be available from the Transportation Planning Data Set or from ongoing and
recently completed CDOT studies.
Subtask 4.1 Compile existing roadway inventory data. Such data shall include roadway
miles, traffic volumes (passenger/truck), volume/capacity relationships, traffic
composition, accident histories, surface conditions, and bridge structure
conditions. A review of existing functional classification maps will be performed.
If information gaps are identified, the local entities will be asked to supplement
this information as much as possible from their data sources.
Felsburg Holt & Ullevig Page 3
Upper Front Range Regional Transportation Plan
Subtask 4.2 Gather data on the public transportation services provided in the region. This
information shall include detailed information on the operating and physical
characteristics of the fixed route and special service providers within the Upper
Front Range (UFR). The resources of the CDOT Transit Unit and the Colorado
Association of State Transit Agencies will be used in developing the public
transit profile.
Subtask 4.3 Bicycle facilities of all types will be inventoried. These will include bike lanes,
bike routes, and other popular on-street facilities, as well as off-street bike
paths. This information will be compiled from local plans, from the CDOT bicycle
coordinator, and from bicycle organizations in the area.
Subtask 4.4 Rail infrastructure, including type and condition of rail and service frequency
(passenger/freight) in the region, will be surveyed and documented. Issues
concerning abandonments, mergers and alternative transportation uses of
existing rail lines will be identified. Primary contacts will include the CDOT
modal branch and railroads that are currently, or are anticipating, providing
service within the state.
Subtask 4.5 The Division of Aeronautics will provide financial, operating and physical data
on the airports within the region. This information will include at a minimum the
location of aviation facilities, level of commercial and private air service
provided, and passenger boardings and arrivals. If the Division is unable to
provide this information, it will be gathered through direct contacts with
management at each of the airports.
Subtask 4.6 To the extent feasible, primary freight movement in the region will be
documented. Further, all significant inter-modal facilities in the region will be
identified, primarily utilizing information available through the CDOT Division of
Transportation Development.
TASK 5 - SOCIO-ECONOMIC AND ENVIRONMENTAL REGIONAL PROFILE
Purpose: This task will develop a population, employment, and environmental profile of the
region that will be used as the basis for projecting future travel demand in the year 2020 and
for identifying potential concerns. CDOT will provide U.S. Census Bureau and State
Demographic information in the Transportation Planning Data Set.
Subtask 5.1 Compile the current and future population, household, employment and other
pertinent data from federal, state and local sources.
Felsburg Holt & Ullevig Page 4
Upper Front Range Regional Transportation Plan
Subtask 5.2 Gather all other available socio-economic reports and studies for the region.
These reports and studies should include both public and privately funded
documents that reflect existing and future regional population growth and
economic development. At a minimum, these will include regional, county and
local comprehensive plans, regional overviews and reports produced by federal
and state agencies and privately produced products that relate to population and
regional economic growth. This information will be reviewed for consistency
with the TAC and a composite set of projections will be developed for the RPC
for use in plan development.
Subtask 5.3 Identify all major activity centers in the region and compile characteristic data
on these centers. Such centers could include major shopping areas, employment
centers, agricultural centers, distribution centers, higher education centers,
health care facilities, government centers, national, state and local parks, and
correctional facilities, etc.
Subtask 5.4 Perform an environmental scan to identify all environmentally sensitive areas
including wetlands, air quality non-attainment areas and historic and
archeological sites that potentially could be adversely impacted by future
proposed transportation investments in the region.
TASK 6 - MOBILITY DEMAND ANALYSIS
Purpose: In this task, FHU will estimate future travel demand in the region based on
anticipated growth.
Subtask 6.1 An estimate of the future traffic volumes on the regional highway system will
be made. Although portions of the region are covered in travel demand models
for neighboring areas, it is not expected that we will develop a model for the
Upper Front Range. Instead, growth factors based on the socio-economic
projections will be used to project future volumes. These will be compared to
CDOT's 20-year expansion factors and to projections from adjoining models,
and a reasonable set of projections will be established.
Subtask 6.2 Future travel demand for alternative modes of travel will be developed on the
basis of previous user levels on comparable systems in the region or on the
basis of similar services in other communities in Colorado or other locations
These projections will also rely heavily on other planning studies such as the
TDPs for the counties, the North Front Range Transportation Alternatives
Feasibility Study, the Colorado Passenger Rail Feasibility Study and the Colorado
Transit Needs and Benefits Study.
Felsburg Holt & Ullevig Page 5
Upper Front Range Regional Transportation Plan
TASK 7 - ALTERNATIVES ANALYSIS
Purpose: This task will identify and analyze the various modal options, where appropriate, and
all costs associated with their development for meeting the mobility demand of the UFR.
Subtask 7.1 In each corridor identified as needing capacity improvements, an analysis should
be done to determine the potentia for mode or modal combinations to address
corridor and regional mobility needs. The analysis should, where appropriate,
evaluate capacity, roadway geometry, passenger/freight carrying capacity and
safety issues for each alternative.
TASK 8 - PREFERRED PLAN
Purpose: The result of this task will be an identification of the elements of a preferred 20-year
transportation plan for the region. These transportation projects will be chosen on the basis
of need and each project's ability to maintain the integrity of the existing transportation system
and to achieve the desired goals and objectives of the regional transportation plan.
Subtask 8.1 Work with the TAC to update previously project lists. This will include a
reflection of projects already completed an others that have been identified
through the evaluation of projected transportation needs. This effort will have
to focus heavily on the modal plans other than the highway system.
Subtask 8.2 Solicit public input in the development of these project list.
Subtask 8.3 Identify local needs, not specific projects, and express those needs as described
in the Colorado Regional Transportation Planning Guidebook.
TASK 9 - PRIORITIZATION PROCESS
Purpose: Since the preferred project listing will likely far exceed existing and future revenues,
it is important the RPC have a methodology to compare projects objectively and to rank them
in order of priority for the purpose of developing a financially constrained transportation plan.
Subtask 9.1 Because of the addition of modal plans, the first subtask will be to work with
the TAC to determine the overall approach to prioritizing projects across modes.
Should criteria be developed that work for all modes, or should projects only be
ranked against projects of the same mode and then funds distributed to modes
through a resource allocation approach? This decision will significantly affect
how the remainder of the prioritization subtasks are conducted.
Felsburg Holt & Ullevig Page 6
GG r
Upper Front Range Regional Transportation Plan
Subtask 9.2 Work with the TAC to reassess the criteria, the weightings, and the scoring
factors which were previously developed. Expand this process as necessary to
achieve applicability to multiple modes.
Subtask 9.3 Conduct the project scoring process with the TAC and prepare a prioritized list
of projects in the preferred plan.
Subtask 9.4 Review this project ranking with the RPC and modify accordingly.
TASK 10 - FINANCIALLY'CONSTRAINED TRANSPORTATION PLAN
Purpose: It is important that the Upper Front Range RTP realistically recognize the likely
funding levels from all sources that will be available to implement the plan. The purpose of this
task will be to modify the preferred plan to reflect those elements of the plan that could be
implemented within the anticipated funding availability over 20 year time frame.
Subtask 10.1 To realistically assess potential revenues from state and federal sources,
obtain from CDOT an estimate of the CDOT Region 4 allocation and the
sub-allocation that is expected to be available to the Upper Front Range
over the 20-year period.
Subtask 10.2 Identify any additional sources of funds which may be available and
determine whether they can be included as potential revenue in the
development of the plan.
Subtask 10.3 Utilizing these revenue estimated and the project ranking, work with the
TAC and the RPC to develop a financially constrained plan.
TASK 11 - DRAFT REGIONAL TRANSPORTATION PLAN
Purpose: The purpose of this task is to develop a Draft RTP following the guidelines set forth
in the Colorado Regional Transportation Planning Guidebook.
Subtask 11.1 Prepare a preliminary version of the Draft RTP and distribute to the TAC
for review.
Subtask 11.2 Obtain review comments on the Draft RTP and finalize the Draft RTP
before submitting the document to the RPC and CDOT.
Felsburg Holt & Ullevig Page 7
�x:X 6'-5 J
Upper Front Range Regional Transportation Plan
TASK 12 - FINAL REGIONAL TRANSPORTATION PLAN
Purpose: This task will result in the Final RTP and the UFR's component of Colorado's 20-Year
Transportation Plan. The Final RTP will reflect reviews made by the RPC, the public, CDOT and
the State Transportation Advisory Committee.
Subtask 12.1 Incorporate all review comments and complete the Final RTP. 35 copies
of the Final RTP and the camera-ready art work will be submitted to the
RPC.
Felsburg Holt & Ullevig Page 8
Rev. 5/93
• APPENDIX A
LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC
SECTION 1. LAWS TO BE OBSERVED. The consultant shall be cognizant of all Federal and State laws and local ordinances and
re, ;ions which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies ortribunals having any jurisdiction or authority over the same,and shall at all times observe
and comply with all such existing laws,ordinances,regulations and decrees,and shall protect and indemnify the State against any claim
or liability arising solely from or based solely on the violations of any such law,ordinance,regulation,order or decree,whether by itself,
its subconsultants, agents or employees.
SECTION 2. PERMITS AND LICENSES. The consultant shall procure all permits and licenses, pay all charges, fees and taxes
and give all notices necessary and incidental to the due and lawful prosecution of the work.
SECTION 3. PATENTED DEVICES, MATERIALS AND PROCESSES. The consultant shall hold and save harmless the State,
from any and all claims for infringement, by reason of the use of any patented design, device, material, process, any trademark or
copyright and shall indemnify the State for any costs, expenses and damages which it may be obligated to pay, by reason of
infringement, at any time during the prosecution or after completion of the work.
SECTION 4. INSURANCE
A. The consultant shall carry the following minimum amounts of insurance.
(1) Worker's Compensation and Employer Liability in statutory limits.
(2) Comprehensive or Commercial General Liability, and Automobile Liability Policy for amounts not less than:
Bodily Injury
$600,000 each occurrence
or$600,000 combined
single limit
Property Damage
$600,000 each occurrence
(3) Architects' and/or Engineers' Professional Liability Policy for amounts not less than $250,000 in the aggregate.
(4) Unemployment insurance in Statutory limits.
B. Said insurance shall be maintained in full force and effect during the term of this contract and for 2 calendar years thereafter,
and shall protect the consultant, its employees, agents and representatives from claims for damages for personal injury and
wrongful death and for damages to property arising from the negligent or wrongful acts or omissions of the consultant, its
employees, subconsultants, agents or representatives, in the performance of the work covered herein.
C. Furthermore,the consultant shall carry valuable papers insurance in an amount sufficient to assure the restoration of any plans,
drawings,field notes or other similar data related to the work covered by this contract, in the event of their loss or destruction
until such time as the final submission by the consultant has been made and accepted by the State.
D. Certificates showing the consultant is carrying the above described insurance shall be attached to and made a part of the contract.
Said certificates shall name the state as an additional insured on General and Automobile liability policies.
SECTION 5. AUTHORIZATIONS AND APPROVALS. The consultant is hereby advised that the reimbursement to the State of
federal-aid funds by the U.S. Department of Transportation, Federal Highway Administration (hereinafter referred to as"FHWA"),for
work on this contract requires step=by-step scheduling and authorizations to proceed. The State will exert every effort to make its
determinations promptly and to obtain necessary approvals from the FHWA. For critical matters the State will not issue authorizations
to proceed until the matters have been accepted by the FHWA.The consultant agrees not to proceed with any phase of the work until
written authorization therefor has been issued by the State.In the event the consultant knowingly or otherwise proceeds with any work
prior to the authorization therefor, and this action results in the State being denied reimbursement from federal-aid funds for fees
covered in this contract, the consultant shall be liable and shall reimburse the State in full for loss of such funds.
SEr--'ON 6. TERMINATION AND ASSIGNMENT OF CONTRACT.
A. The right is reserved by the State to terminate this contract at any time upon written notice., in the event the project is to be
abandoned or indefinitely postponed,or in case the services of the consultant in the judgement of the State,are unsatisfactory;
or because of the consultant's failure to prosecute the work with diligence or within the time limits specified. In any such case,
the State will pay the consultant for work accomplished to date of termination as follows:(a)Lump Sum contracts:The percentage
of the total lump sum f ee that represents the ratio of work performed to the total amount of work;(b)Cost Plus Fixed Fee contracts;
incurred cost of actual work perforr'1 plus a percentage of the fixed fee that rel" ents the ratio of work performed to the tota
amount of work in the contract;(c)aNecific Rate of Compensation contracts: Incurred cost of actual work performed;(d) Price
Per Unit of Work contracts:The cost of each completed unit of work and/or a percentage of each partially completed unit of work
All work accomplished by the consultant prior to the date of such termination shall be recorded and tangible work document
shall be transferred to and become the sole property of the State prior to payment for services rendered.
the consultant shall not engage the services of any persons then in the employ of the State for work covered by the terms or
this contract without the written consent of the State.
C. The consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working
solely for it,to solicit or secure this contract, and that it has not paid nor agreed to pay any company or person,other than bons
fide employees working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty.
the State will have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or
consideration,or otherwise recover the full amount of such fee, commission,percentage, brokerage fee,gift, or contingent fee.
D. It is the intent hereunder to secure the personal services of the consultant, in manner aforesaid, and this contract shall not be
assigned, sublet or transferred without the consent, in writing of the State.
E. The consultant as an independent contractor,its agents or employees,shall receive no benefits directly or indirectly that accrue
to State employees, in the performance of this contract.
SECTION 7. CIVIL RIGHTS. In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid
Highway Act of 1973,the consultant, for itself, its assignees and successors in interest, agree as follows:
A. Compliance with Regulations. The consultant shall comply with the Regulations of the Department of Transportation relative
to nondiscrimination in federally-assisted programs of the Department of Transportation(Title 49,Code of Federal Regulations,
Part 21,hereinafter referred to as the"Regulations"),which are herein incorporated by reference and made a part of this contract.
B. Nondiscrimination. The consultant,with regard to the work performed by it after award and prior to completion of the contract
work, shall not discriminate on the grounds of race,color,sex, mental or physical handicap or national origin in the selection and
retention of subconsuftants, including procurements of materials and leases of equipment.The consultant shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
vhen the contract covers a program set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by
competitive bidding or negotiation made by the consultant for work to be performed under a subcontract,including procurements
of materials or equipment, each potential subconsultant or supplier shall be notified by the consultant of the consultant's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, mental or
physical handicap or national origin.
D. Information and Reports. The consultant shall provide all information and reports required by the Regulations,or orders and
instructions issued pursuant thereto, and shall permit access to its books, records, accounts,other sources of information, and
its facilities as maybe determined by the State orthe FHWA to be pertinent to ascertain compliance with such Regulations,orders
and instructions.Where any information required of the consultant is in the exclusive possession of another who fails or refuses
to furnish this information,the consultant shall so certify to the State,or the FHWA as appropriate,and shall set forth what efforts
have been made to obtain the information.
E. Sanctions for Noncompliance. In the event of the consultant's noncompliance with the nondiscrimination provisions of this
contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not
limited to:
(1) Withholding of payments to the consultant under the contract until the consultant complies, and/or;
(2) Cancellation, termination or suspension of the contract, in whole or in part.
F. Incorporation of Provisions. The consultant shall include the provisions of Paragraphs A through E in every subcontract,
including procurements of materials and leases of equipment,unless exempt by the Regulations,orders,or instructions issued
pursuant thereto.The consultant shall take such action with respect to any subcontract or procurement as the State or the FHWA
may direct as a means of enforcing such provisions including sanctions for noncompliance;provided,however,that,in the event
he consultant becomes involved in,or is threatened with,litigation with a subconsuitant or supplier as a result of such direction,
the consultant may request the State to enter into such litigation to protect the interests of the State and,in addition,the consultant
may request FHWA to enter into such litigation to protect the interests of the United States.
SECTION 8. GENERAL.
A. Classified Nature of Services.
•
(1) , The consultant understands at all services hereunder are confidential „ character, and that as such, details and
investigative results are not to be divulged in whole or in part at any time in the form of press releases, public statements,
publication in technical papers by the consultant, its agents, employees or representatives.
(2) Similarly, no detailed information about the project shall be tendered to property owners, speculative and promotional
interests or to the general public without written authority from the State.
B. Ownership of Documents.
(1) All tracings, plans, specifications, estimates, reports, data and miscellaneous items purported to contribute to the
completeness of the project shall be delivered to and become the property of the State.
(2) Basic survey notes, sketches, charts,computations, and other data prepared hereunder shall be made available to the
State, upon request, and become the property of the State.
(3) All data received hereunder shall be made a part of the State's permanent records and files and preserved therein.
C. Inspections, Reviews and Audits.
(1) During all phases of the work and services to be provided hereunder the consultant agrees to establish a working office
at a place agreeable to the State and FHWA and permit duly authorized agents and employees of the State,the FHWA
an d of other agencies of the Federal Government to enter the consultant's offices for the purpose of inspections, reviews
and audits during normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually
agreeable times and places.
(2) Consultant and its subconsultants shall maintain all books, documents, papers, accounting records and other evidence
pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during
the contract period and for three years from the date of final payment underthe contract,for inspection by the State,FHWA
or any authorized representatives of the Federal Government and copies thereof shall be furnished if requested.
SECTION 9. DISPUTES.
P Except as otherwise provided in this contract,any dispute concerning a question of fact arising under this contract which is not
.Disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation.The decision of the Chief
Engineer will be final and conclusive unless, within 30 days after the date of receipt of a copy of such written decision, the
consultant mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of
Transportation. In connection with any appeal proceeding under this clause,the consultant shall be afforded an opportunity to
be heard and to offer evidence in support of its appeal.Pending final decision of a dispute hereunder,the consultant shall proceed
diligently with the performance of the contract in accordance with the Chief Engineer's decision.The decision of the Executive
Director or his duly authorized representative for the determination of such appeals will be final and conclusive.
B. This disputes clause does not preclude consideration of questions of law in connection with decisions provided for in Paragraph
A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official,
representative, or board on a question of law.
SECTION 10. SUBCONSULTANTS. The consultant may retain subconsultants on an "as required" basis, provided that the
subconsultants selected and the rates to be paid are given prior written approval by the State. All subcontracts, exceeding$10,000
in cost, shall contain the provisions included in this Appendix A.The cost to the State for subconsuttants shall be in amounts equal
to the actual allowable costs paid to the subconsultants and shall not exceed the amounts as stated in the consultant's accepted
proposal.
SECTION 11. ADJUSTMENT TO CONTRACT PRICE. In conformance with applicable state and Federal laws, the original
contract price and any additions thereto shall be adjusted,within one year following the end of the contract,to exclude any significant
sums that the Executive Director of the Colorado Department of Transportation determines that the contract price had been increased
due to inaccurate, incomplete or non-current wage rates and other factual unit costs.
SECTION 12. RELEASE OF INFORMATION. All reports, drawings, plans, data, studies, memoranda, computation sheets and
other documents assembled by,prepared by, or furnished by the consultant in connection with this contract, shall be the property of
the State and shall be available to the State,without restriction.Copies of said documents may be retained by the consultant,but shall
not made available to another individual or organization without the prior written approval of the State.
SECTION 13. IDENTIFICATION OF DOCUMENTS. All final reports completed as a part of this contract, other than those
exclusively for internal use by the State,shall carry a notation on the front cover,title page,or title block identifying Colorado Department
3 35- ;7( Jl
of Transportation. According to a format cified by the State, credits will be given '.S. Department of Transportation, Federal
Highway Administration and/or others.
SECTION 14. PAYMENT.
A. All invoices shall be submitted by the consultant to the State for payment pursuant to the terms of this contract.The consultant
shall submit his billings such that the cost for each activity or task contained in the contract shall be separately shown. Upon
approval thereof,the State will pay the appropriate amount of each invoice to the consultant within 30 days of receipt of invoice.
Progress payments may be claimed on a monthly basis as follows:
(1) Lump Sum Contracts: The percentage of the total lump sum fee that represents the ratio of work performed during the
month to the total amount of work.
(2) Cost Plus Fixed Fee Contracts:Incurred cost of the actual work performed during the month plus a percentage of the fixed
fee that represents the ratio of work performed during the month to the total amount of work in the contract.
(3) Specific Rate of Compensation Contracts: Incurred cost of actual work performed.
(4) Price Per Unit of Work Contracts:The agreed upon price for each unit completed during the month plus a percentage of
the agreed price for a unit that represents the ratio of actual work performed on a unit to the total unit work.
B. An amount will be retained from each payment to the consultant, no matter what type of payment is specified in the contract,
that is 10%of the approved invoice amount,except that when the retained amount reaches 5%of the total amount of the contract,
exclusive of the amount estimated for checking shop drawings and/or construction assistance, no further amounts will be
retained.
C. Final payment including retained amounts will be made within 30 calendar days after all data and reports for the entire work have
been turned over to and approved by the State and the FHWA, and upon receipt by the State of the consultant's certification
that services have been fully completed in accordance with this contract.The form of the certification shall be a letterto the State,
signed by a person authorized to do so, stating that the work has been completed in accordance with the contract.
SECTION 15. CONSULTANT PROGRESS REPORTS.
The consultant shall submit monthly progress reports to the State. Failure to submit a progress report may result in non-payment to
thr isultant for the month
The progress report will be reviewed by the State and,after deemed satisfactory by the State,will be used as a justification for billing.
The progress report shall contain, but not be limited to the following:
A. A report on the progress of each work activity or milestone identified in the contract,to show the amount of work accomplished
during the current month, and the amount of work accomplished overall.
B. A report on the time schedule for each work activity or milestone identified in the contract to show planned time completion and
actual times used to do the work.
C. A description of the causes for delays beyond the planned completion time of work activities or milestones contained in the
contract.
D. A report on the cost incurred to date on each work activity or milestone contained in the contract and a comparison to the cost
estimates for such activity or milestone.
E. A description of possible remedies to get activities or milestones that are behind schedule,back on schedule,and to get activifies
or milestones that are exceeding cost estimates, back within planned costs.
F. Documentation of meetings that were held during the subject time period.
G. A report on the participation of Disadvantaged Business Enterprise (DBE) subconsultants.
4 �lJ ,ii' 3L
(r -
1248V January 1, 1989
APPENDIX B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
Instructions for Certification
1. By signing this contract, the contractor is providing the
certification set out below.
2. The inability of a person to provide the certification required
below will not necessarily result in denial of participation in this covered
transaction. The contractor shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the contractor to
furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation of
fact upon which reliance was placed when the State determined to enter into
this transaction. If it is later determined that the contractor knowingly
rendered an erroneous certification, in addition to other remedies available
to the Federal Government, the State may terminate this transaction for cause
of default.
4 . The contractor shall provide immediate written notice to the State
if at any time the contractor learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order
12549. You may contact the State for assistance in obtaining a copy of those
regulations.
6. The contractor agrees by signing this contract that, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the State.
7. The contractor further agrees by signing this contract that it will
include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"
attached hereto as Appendix C, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
Page 1 of 2
9,k;a 03
8. The contractor may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. The contractor may
decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the
Nonprocurement List (Tel. /f (202) 786-0688) .
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of the
contractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these
instructions, if the contractor knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, - or
voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the State may terminate
this transaction for cause of default.
Certification Regarding Debarment, Suspension, and Other
Responsibility Hatters - Primary Covered Transactions.
(1) The contractor certifies to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from covered transactions by any
Federal department or agency. ;
(b) Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction: violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with commission of
any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or
local) terminated for cause or default.
(2) Where the contractor is unable to certify to any of the statements
in this certification, such prospective participant shall attach an
explanation to this proposal.
Paged 2 of 2
SPECIAL PROVISIONS
NTROLLER'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 Stale.
FUND AVAILABILITY
2. Financial obligations of the State 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.
road-bridge-viaduct,tunnel,excavation or other public work for this State.the contractor shall.before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract.a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
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 be 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
Special Provision Number 4 is hereby made a Dart of these Special Provisions and is attached hereto as
"Addendum to Special Provisions'[.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices(CRS 2434402),and as required by Executive Order.Equal Opportunity and Affirmative Action,dated April 16,
1975.Pursuant thereto.the following provisions shall be contained in all State contracts or sub-contracts.
oaring the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color, national origin,sex,
marital status,religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants am employed,and that
employees am treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:
employment upgrading,demotion,or transfer,recruitment or recruitment advenisings: lay-offs or terminations:rates of pay or other forms 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 non-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.
(c) The contractor will send to each labor union or representative of workers with which be has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer.advising the labor union or workers'representative of the contractor's commitment under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975.and of the rules.regulations.and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April
16. 1975, and by the rules,'regulations and Orders of the Governor,or pursuant thereto, and will permit access to his books,records- and accounts by the
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.
(f)A labor organization.or the employees or members thereof will not aid-abet. incite.compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder-or attempt,either directly
or indirectly.to commit any act defined in this contract to be discriminatory.
6-AC-02B
,cd I/93
J95-53-0I-t022
page 1 of 2 pages
•
(e) 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.
his contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
:ordance with procedures- authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations, or
.,rders 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
fia.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.
h.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
,m:;nr fineien 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
ibe,dfier: nsponaibie far awaruuig the bid that compliance with this subsection .06 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 inference
which purports to negate this or any other special provision in whole or in pan 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
v or may hereafter be establisfied.
9.The signatories aver that they are 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:
. ITNESS WHEREOF,the panics hereto have executed this Contract on the day first above written.
Contractor:
STATE OF COLORADO
(Full Legal Name) ROY ROMER,GOVERNOR
By
•5 EXECUTIVE DI OR
Position tTitlel
Social Security Number or Federal I.D.Number DEPARTMENT
If Corporation:) OF
Attest t Seal)
By •
Comorate Secretary.or Equinaiem.TownClry/C Clerk
APPROVALS
ATTORNEY GENERA CONTROLLER
By
Form F-nC-02C • Page 2 which is the last of 2 paces
Revised I/91
395-51-01.1030
iJ, : 1,:15 Z
r
ADDENDUM TO SPECIAL PROVISIONS
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's fees, to the
extent such claims are caused by any professional act or omission of, or breach
of contract by, the contractor, its employees, agents, subcontractors or assignees
pursuant to the terms of this contract, but not to the extent that such claims are
caused by any act or omission of, or breach of contract by, the State, its employ-
ees, agents, other contractors or assignees, or other parties not under the control
of or responsible to the contractor.
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