HomeMy WebLinkAbout981311.tiff RESOLUTION
RE: APPROVE CONTRACT FOR SMART GROWTH GRANT AND AUTHORIZE CHAIR TO
SIGN - REGIONAL TRANSPORTATION SYSTEM
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 for the Smart Growth Grant
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Finance Department, and the Colorado Office
of Energy Conservation, 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 for the Smart Growth Grant between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Finance Department, and the Colorado Office of Energy Conservation be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: Ali
% Constance L. Har rt, Chair
Weld County Clerk t e ' - °�� - 6/ // ) t ^k
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. W. H. Webster, Pro-Tem
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Deputy Clerk to t*r/t'l*V s,\2/se EXCUSED DATE OF SIGNING (AYE)
�...�� rge E. Baxter
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Dale K. Hall
my Attor y EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
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GREELEY/WELD
MEMO
TO: Don Warden
FROM: Jodi Hartmann
DATE: 7/27/98
RE: Miscellaneous RLF Items
Enclosed are two documents which I need Connie Harbert to sign:
1. QBD's Annual Report. This is an annual report OBD is now requiring all of the RLF's to
complete each year(primarily for reporting to the Legislature). I've included three original
copies—one for each of our files and one to send to the state.
2. S'DBG SubContract Agreement. I realized in working with the information for the above
report that I neglected to prepare a SubContract Agreement between the County and EDAP for
administering our latest CDBG Contract. Enclosed are two original copies of the proposed
agreement—I'll return one to you once John Dent signs it.
Let me know if you have questions on either document.
GREELEY/WELD ECONOMIC DEVELOPMENT ACTION PARTNERSHIP INC.
822 Seventh Sheet.Suite 550,Greeley.Colorado 80631
(970)356-4565• Fax(970)352-2436
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CONTRACT
THIS CONTRACT, made this 20th day of July, 1998, by and between the State of Colorado for the use and
benefit of the Office of Energy Conservation (OEC), a branch of the Govemor's Office, hereinafter referred to as the
State and the Board of County Commissioners of Weld County, P.O. Box 758, Greeley, Colorado, 80632, hereinafter
referred to as the Contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and
a sufficient uncommitted balance thereof remains available for encumbering and subsequent payment of this contract
under Contract Encumbrance Number C9004;..1.in Fund Number 180, Organization Account EASG, OMB Catalogue
Number 81.041;and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies;and
WHEREAS, the State announced the Smart Growth Regional Partnerships program in February, 1998, to encourage
innovative cooperative regional planning partnerships;and
WHEREAS,the Smart Growth Regional Partnerships program first deadline for applications was May 15, 1998;and
WHEREAS,Contractor timely submitted its response to the announcement;and
WHEREAS, the State, after evaluating all timely, complete and qualified proposals submitted, has determined
Contractor's proposal is the most advantageous to the State,price and other factors considered;and
WHEREAS, Contractor shall conduct a collaborative effort to identify transportation systems to serve rapidly
growing areas of Weld County, develop uniform transportation infrastructure standards, and implement impact fees
to help construct new transportation infrastructure to serve those areas;and
WHEREAS,Contractor is a political subdivision;and
WHEREAS, the Contractor has the expertise and resources necessary to provide the work required by the State.
NOW THEREFORE, it is hereby agreed that,
1. The Program
In consideration of the State's promises hereinafter made, the Contractor promises to provide the professional
services necessary to complete the program outlined in this paragraph 1, including all tasks, objectives, reporting
requirements and specifications as required herein.
A. Weld County is growing rapidly, particularly in the southwest comer of the county, including
Frederick, Firestone, Dacono, Erie, Meade and Longmont and the Windsor area. These growing areas
need improvements in transportation systems. The jurisdictions have joined with Weld County to conduct
a collaborative effort to identify transportation systems to serve these areas,develop uniform transportation
infrastructure standards, and implement impact fees to help construct new transportation infrastructure to
Page 1 of 11 Pages
serve those areas. To complete key parts of that larger project,the Contractor shall use the funds provided
under this contract to hire a consultant to conduct a study of transportation infrastructure standards, impact
fees and develop and draft ordinances to implement impact fees. The Contractor's goals for the larger
project are to:
• Develop transportation routes that maximize energy efficiency and maximize efficient use of
infrastructure resources.
• Develop transportation routes that minimize traffic congestion.
• Understand the economic implications of growth on the transportation systems of the two areas and
identify ways to mitigate negative impacts.
• Understand how regional taxes and revenues relate to transportation system funding, particularly
impact fees, for the two areas and design a proposal to implement impact fees to complement such
taxes and revenues.
The Consultant's work will be guided by, and focus on, how transportation infrastructure standards and
impact fees help achieve these goals. To help achieve these goals, the Contractor shall complete the
following tasks:
Develop and issue a request for proposals and hire a Subcontractor. The Contractor shall
develop and issue a request for proposals (RFP) to hire a consultant (Subcontractor). The RFP
shall identify consulting services requested including:
a. The Subcontractor shall deliver a study and Final Report setting forth proposed
transportation infrastructure standards, impact fees,the method of impact fee calculation,
and the documentation of relevant data.
b. The Subcontractor shall propose a preliminary work plan listing activities to be
included in the study, timing for completion of those steps and reports to be prepared.
The Subcontractor shall negotiate a final work plan with Weld County personnel
including milestones and a payment schedule tied to the milestones.
c. The Subcontractor shall identify tasks Weld County staff can do and
information that can be supplied by County staff to reduce total project cost.
Deliverables: The Contractor shall provide to the OEC by October 30, 1998, one copy of the
RFP, one copy of the winning bidder's response to the RFP, and one copy of the final work plan
negotiated with the Subcontractor. The Contractor's quarterly reports to the OEC shall reference
progress toward completion of the final work plan's milestones.
ii. Final Report. The Contractor shall prepare a Final Report to the OEC. The report shall
include:
a. A copy of all reports identified in the final work plan and produced by the
Subcontractor, including the Subcontractor's Final Report to Weld County.
b. An assessment of how well the impact fee study delivered by the Subcontractor
met the needs of the Jurisdictions.
c. A before and after assessment of the difference made in the regions'
transportation planning caused by the work and activities that occurred as a direct result
of this contract, including the Plan,meetings,presentations,reports,etc.
Deliverables: The Contractor shall provide to the OEC two copies of the Final Report to the OEC
by June 30, 1999.
Page 2 of 11 Pages
2. Reports
A. A Quarterly Report shall be submitted to the State on the twentieth day of the month following the
end of each quarter. The Contractor's Quarterly Reports shall be due on the twentieth day each April,July,
October and January during the life of this Contract. The report shall indicate the status of work to be
performed pursuant to this contract and shall indicate clearly whether work is proceeding according to
schedule, ahead of schedule or behind schedule. If the work is behind schedule, the Contractor shall
immediately begin implementation of a program to bring work up to schedule.
B. The Quarterly report shall contain a financial report summarizing expenditures on a form to be
provided by the State. Expenditures shall be shown for each line item on a month-by-month basis.
C. Audit Requirements
The Contractor acknowledges that funds granted under this Contract are Federal funds
and shall notify its auditors that these funds are subject to audit procedures outlined in OMB
Circular A-133. Contractor shall include the project covered by this Contract in an annual audit
report as required by OMB Circular A-133: organizations with annual expenditures of federal
funds of$300,000 or more must have an audit performed in accordance with OMB Circular A-
133; organizations with annual expenditures of federal funds of less than $300,000 are subject to
financial monitoring by the OEC.
ii. Within six months after the end of Contractor's fiscal year, a copy of Contractor's
financial audit shall be filed with the OEC. Further possible funding under this Contract or
through this agency is contingent upon receipt of the Contractor's audit report.
3. Contract Price
In consideration for work and services performed, the State agrees to pay the Contractor a total amount not to
exceed Fifty Thousand and no/100 Dollars ($50,000.00). No funds awarded under the terms of this Contract are to
be used for administrative expenses; nor shall these funds be used to supplant existing funding from any source
whatsoever.
4. Payments
A. In conjunction with a report submitted by the Contractor on a form provided by the OEC detailing
expenditure of funds provided under this Contract,the State shall pay by warrant on a reimbursement basis
no more than once a month on line item billings per the attached budget, incorporated and made a part
hereof, and referenced for identification as Exhibit A. To be considered for payment, billings for payment
pursuant to this contract must be received within 60 days after the period for which payment is being
requested, and final billings on the contract must be received by the State within 60 days after the end of
the contract term.
B. The OEC shall withhold payment of the final five percent(5%) of the total Contract amount until
Contractor has submitted and the OEC has accepted all required financial, progress, evaluation, and
performance reports enumerated in this Agreement or any of its Exhibits or Attachments.
C. In the event this contract is terminated, final payment to Contractor may be withheld at the
discretion of the State until completion of final audit.
D. Payments pursuant to this contract shall be made as earned, in whole or in part, from available
funds encumbered for the purchase of the described services. The liability of the State, at any time, for
such payments shall be limited to the amount remaining of such encumbered funds.
Page 3 of 11 Pages
E. Payment under this contract is contingent upon the availability of Federal funds for the purposes
hereof The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise
compensated with Petroleum Violation Escrow funds provided to the State and overseen by the U.S.
Department of Energy, for the purpose of contracting for the services provided for herein. Therefore, the
Contractor expressly understands and agrees that all its rights, demands, and claims to compensation
arising under this contract are contingent upon receipt of such funds by the State. In the event that such
funds or any part thereof are not received by the State, or are no longer available to the State for the
purposes of this contract, the State may immediately terminate this contract without liability, including
liability for termination costs. No state general funds will be used in the performance of this contract.
5. The State may withhold any payment if the Contractor has failed to comply with terms and conditions
provided in this Contract or its attachments.
6. The State, through the Director of the OEC, the State Auditor, or any of their duly authorized
representatives, including an independent Certified Public Accountant of the State's choosing, or the Federal
Government or any of its properly delegated or authorized representatives, shall have the right to inspect, examine,
and audit the Contractor's (and any subcontractor's) records, books, accounts and other relevant documents. Such
discretionary audit may be requested at any time and for any reason from the effective date of this Contract until
five(5)years after the date the final payment for this Project is received by the Contractor,provided that the audit is
performed during normal business hours. Contractor shall establish a proper accounting system in accordance with
generally accepted accounting standards. Any costs not allowable under State or Federal rules shall be reimbursed
by Contractor, or offset against current obligations due by the State to the Contractor, at the State's election.
7. To ensure compliance with the Contract, the State, or its authorized representative(s), shall, at any time
during normal business hours, have the right to enter into the Contractor's premises or other places where work
under the Contract is being performed in order to monitor or otherwise evaluate the work performed or being
performed. When monitoring or evaluation is done by the State on the premises of the Contractor or subcontractor,
the Contractor or subcontractor shall provide all reasonable facilities and assistance for the safety and convenience
of the State representatives in performance of their duties. All monitoring and evaluations shall be performed in
such a manner that they shall not unduly interfere with work under this Contract.
8. No subcontracts shall be made by the Contractor with any other party for furnishing any work or services
under this Contract without the consent and approval of the State other than individual employer - employee
contracts and those contained in the Contractor's Proposal, which by issuance of this Contract receive the State's
assent. Contractor shall request in writing permission to subcontract. The intent of this provision is to allow the
State to review any subcontract that has a significant impact on the project.
9. The Contractor represents that it has, or shall secure at its own expense, unless otherwise stated in this
Contract or its attachments, all personnel, as employees of the Contractor, necessary to perform the work and
services required to be performed by the Contractor under this Contract.
10. The Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither the Contractor nor any agent or employee of the Contractor shall be, or shall be deemed to be, an agent or
employee of the State and shall have no authorization, express or implied, to bind the State to any agreements,
settlements, liability, or understanding except as expressly set forth herein. The Contractor shall be responsible to
the State for the ultimate results of performance required hereunder but shall not be subject to the direction and
control of the State as to the means and methods of accomplishing the results. The specifications in this Contract of
particular performance standards the State deemed essential to proper performance and Contract value shall in no
event be deemed to alter this relationship. THE CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED
EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL AND STATE
INCOME TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR SHALL
PROVIDE AND KEEP IN FORCE WORKER'S COMPENSATION (AND SHOW PROOF OF SUCH
INSURANCE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY
Page 4 of 11 Pages
LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF CONTRACTOR, ITS EMPLOYEES
AND AGENTS. THE CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS
EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF WORKER'S COMPENSATION INSURANCE
OR UNEMPLOYMENT INSURANCE UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH
COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH
COVERAGE.
11. If the Contractor substantially fails to satisfy or perform the duties and obligations in this contract, the State
may, after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor
from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision
to terminate in accordance with Paragraph 12 below. The State may determine to allow such necessary and proper
costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the project. Substantial failure to satisfy the duties and obligations shall
be defined to mean significant insufficient, incorrect or improper performance, activities, or inaction by the
Contractor.
12. Contract Termination. This Contract may be terminated as follows:
A. Termination for Cause. If, through any cause, the Contractor shall fail to fulfill, in a timely and
proper manner, its obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of its intent to terminate and at least ten (10)
days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the
event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State, become its property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may
withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of
damages due the State from the Contractor is determined.
If after such termination it is determined, for any reason, that the Contractor was not in default, or that the
Contractor's action/inaction was excusable, such termination shall be treated as a termination for
convenience, and the rights and obligations of the parties shall be that same as if the contract had been
terminated for convenience,as described below.
B. Termination for Convenience: The State may terminate this Contract at any time the State
determines that the purposes of the distribution of State monies under the Contract would no longer be
served by the completion of the Project. The State shall effect such termination by giving written notice of
termination to the Contractor and specifying notice of termination to the Contractor and specifying the
effective date thereof, at least twenty(20)days before the effective date of such termination. In that event,
all finished or unfinished documents and other materials as described in Termination for Cause shall, at the
option of the State, become its property. If the Contract is terminated by the State as provided herein, the
Contractor will be paid an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total service of the Contractor covered by this Contract, less payments of
compensation previously made.
13. Modification and Amendment
A. Modification by Operation of Law. This Contract is subject to such modifications as may be
required by changes in federal or State law or regulations. Any such required modification shall be
incorporated into and be part of this Contract as if fully set forth herein; provided, however, that the
Page 5 of II Pages
Contractor may immediately terminate this agreement pursuant to the terms of Paragraph 12 B. above if a
modification in law or regulation precludes the Contractor from realizing the benefits it expected from this
Contract.
B. Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set
forth below:
The Contractor must submit a written request to the State and obtain prior written
approval from the State under the following circumstances (written notice of such changes when
mutually agreed upon shall be forwarded to the State Controller):
a) when cumulative budgetary line item changes exceed ten percent (10%) of the
total Contract amount or Ten Thousand Dollars ($10,000.00), whichever is less, except
that the Contract total may not increase unless otherwise agreed to by the Contractor and
the State in a properly executed contract amendment, or when additional or less State
funding is needed;or
b) when the scope, objective, or completion date of the Project changes, as
determined by the State.
Under such circumstances, the State's approval is not binding until memorialized in a contract
amendment,as required by the State's Fiscal Rules.
C. If either the State of the Contractor desires to modify the terms of this Contract other than as set
forth above,written notice of the proposed modification shall be given to the other party. No modification
shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly
executed and approved in accordance with applicable law.
14. The Contractor and any subcontractors shall credit the Colorado Office of Energy Conservation as a
funding source on all news releases, brochures,technical papers,and other promotional or informational material.
15. This Contract is intended as the complete integration of all understanding between the parties. No prior or
contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless
embodied in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have
any force or effect unless embodied in a written Contract executed and approved pursuant to the State Fiscal Rules.
16. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure of performance
of, any covenant or promise contained in this contract,nor shall any delay or failure constitute default or give rise to
any liability for damages if, and only to the extent that, such delay or failure is caused by"force majeure". As used
in this contract"force majeure: means fire, explosion, action of the elements, strike, interruption of transportation,
rationing, court action, illegality, unusually severe weather, or any other cause which is beyond the control of the
party affected and which, by the exercise of reasonable diligence, could not have been prevented by the party
affected.
17. Is it expressly understood and agreed that the enforcement of the terms and conditions of this contract and
all rights of action relating to such enforcement, shall be strictly reserved to the State and the named Contractor.
Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third
person. It is the express intention of the State and the Contractor that any such person or entity, other than the State
or the Contractor, receiving services or benefits under this agreement shall be deemed an incidental beneficiary
only.
18. Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract
shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-0-101, et seq., CRS, as
Page 6 of 11 Pages
now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or
property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials,
and employees is controlled and limited by the provisions of Sections 24-10-101, et. seq., CRS, as now or hereafter
amended and the risk management statutes, Section 24-30-1501, et. seq.,CRS,as now or hereafter amended.
19. 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.
20, The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or
deemed as waiver of any subsequent breach of such term,provision, or requirement,or of any other term, provision,
or requirement.
21. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and
conditions of this Contract and the exhibits and attachments hereto which may require continued performance or
compliance beyond the termination date of the Contract shall survive such termination date and shall be enforceable
by the State as provided herein in the event of such failure to perform or comply by the Contractor or its
subcontractors.
22. The Contractor may not assign its rights or duties under this Contract without the prior written consent of
the State.
23. Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
24. The Contractor(and any subcontractors permitted under the terms of this contract) shall maintain a written
code of standards governing the performance of its employees engaged in the award and administration of contract.
No employee, officer or agent of the Contractor, subcontractor, or subgrantee shall participate in the selection, or in
the award or administration or a contract or subcontract supported by Federal funds if a conflict of interest, real or
apparent,would be involved. Such a conflict would arise when I)the employee, officer or agent;2) any member of
the employee's immediate family; 3) the employee's partner; or 4) an organization which employs, or is about to
employ, any of the above, has a financial or other interest in the firm selected for award. The Contractor's,
subcontractor's, or subgrantee's officers, employees, or agents will neither solicit not accept gratuities, favors, or
anything of monetary value from contractors,potential contractors,or parties to sub-agreements.
25. The Contractor shall at all times during the execution of this contract strictly adhere to and comply with all
applicable federal laws and regulations, as they currently exist and may hereafter be amended, which are
incorporated herein by this reference as terms and conditions of this contract. The Contractor shall also require
compliance with these statutes and regulations in subcontract and subgrant agreements permitted under this contract.
These federal laws and regulations include: Title VI of the Civil Rights Act of 1964(Pub. L. 88-352), Section 16 of
the Federal Energy Administration Act of 1974 (Pub. L. 93-275), Section 401 of the Energy Reorganization Act of
1974 (Pub. L. 93-438), Title IX of the Education Amendments of 1972, as amended (Pub. L. 92-318, Pub. L. 93-
568, and Pub. L. 94-482), Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), the Age Discrimination
Act of 1977 (Pub. L.94-135),Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284),the Department of Energy
Organization Act of 1977(Pub. L. 95-91), the Energy Conservation and Production Act of 1976, as amended, (Pub.
L. 94-385), and Title 10, Code of Federal Regulations, Part 1040. In accordance with the above laws and
regulations issued pursuant thereto, the Contractor agrees to assure that no person in the United States shall, on the
ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity in which Contractor receives
Federal assistance from the Office of Energy Conservation.
Page 7 of 11 Pages
26. Certifications
A. Suspension and Debarment. The undersigned hereby certifies that to the best of its knowledge
and belief,the Contractor and its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency.
Have not within a three year period preceding this contract been convicted of or had a
civil judgment rendered against it 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 of
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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 A.ii. of this certification; and
iv. Have not within a three year period preceding this contract had one or more public
transactions(Federal, State,or local)terminated for cause or default.
B. Drug Free Workplace. The undersigned certifies that to the best of his or her knowledge and
belief,the Contractor is in compliance with the requirements of the Drug-Free Workplace Act(Public Law
100-690,Title V, subtitle D,41 USC 701 et seg).
C. Lobbying. The undersigned certifies to the best of his or her knowledge and belief that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,
or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying," in accordance
with its instructions.
i. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, United States Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
Page 8 of 11 Pages
27. The Contractor warrants that it possesses the legal authority to enter into this contract and that it has taken
all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully
authorize its undersigned signatory to execute this contract and to bind the Contractor to its terms. The person(s)
executing this contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute
this contract.
28. The term of this Contract shall be the 15th day of August, 1998 through the 30th day of June, 1999 . If the
Contractor desires an extension of this Contract, extension requests must be submitted in writing to the State forty-
five(45)days prior to the Contract end date.
Page 9 of 11 Pages
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 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
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 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 24-34-402),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.
During 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 are employed,and that employees are 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 advertisings; 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 he 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.
(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
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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 the 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 reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the
extent that the contract is capable of execution.
8. At ail 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. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a)
unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest, or other charges specified in Article 22, Title 39, CRS; (c)unpaid
loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation fund;and(e)
other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to
judgment as certified by the controller.
10. 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.
I1. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Board of County Commissioners State of Colorado
(Full Lrp
e) of Weld County ROY ROMER,GOVERNOR
By `Aar , hair c\
Position(Title) Rnard of Cnnnty Cnmmi cci°narc By A-2y,
cer Wade uchanan
84-6000-813 /
Social Security Number or Federal ID Number Department
of Office of Enemy Conservation
If Corporation -own/City/County,or Equ''alent:
By
M�1est(Affi e I � 1
B
Cor.orate Secretary,or Equivalent,Town/City/County Clerk
APPROVALS:
Gale A. Nerton APPROVALS ST TE CO TROLLER
A O E L - Attorney General CONTROLLER C F �1 AL
James E. Martin By
Gale A.Norton Clifford W.
Assistant Attorney General
State Services Section
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EXHIBIT A
BUDGET DETAIL AND JUSTIFICATION
WELD COUNTY
REGIONAL TRANSPORTATION SYSTEM AND IMPACT FEE DEVELOPMENT
OEC EXPENDITURES MATCHING EXPENDITURES
CONTRACTUAL
Transportation Consultants $50,000.00 $50,000.00
TOTAL PROJECT EXPENDITURES $50,000.00 $50,000.00
Page I of 2 Pages
EXHIBIT A
Name of Agency or Organization: Contractor
Weld County OEC Funding Match
Category
Personnel Services
Supplies
Equipment
Travel
Contractual $50,000.00 $50,000.00
Other Expenditures
Total $50,000.00 $50,000.00
Note: The Contractor is subject to the State Fiscal Rules(as revised July 1997),OMB Circular A-87 (as revised May 1997),and OMB
Circular A110 or A122 depending on which one applies.
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