HomeMy WebLinkAbout990782.tiff RESOLUTION
RE: APPROVE CONTRACT FOR ENERGY IMPACT ASSISTANCE GRANT FOR TWO
RIVERS PARKWAY AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract for Energy Impact
Assistance Grant for Two Rivers Parkway between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Public
Works Departmen:, and the Colorado Department of Local Affairs, with terms and conditions
being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Contract for Energy Impact Assistance Grant for Two Rivers
Parkway between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and the Colorado
Department of Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vol:e on the 12th day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CO OR DO
ATTEST: / ��:► .t.,�c
✓ ale K. Hall, Chair
Weld County Clerk to the ,•ra •( ` '
• ' 'XCUSED DATE OF SIGNING _ (AYE)
ire ,r, r arbaraJ. Kirkmeyer, Pro-Tem BY: ga17,t4 Deputy Clerk to the Boa .�� 1 \
George E. ter
PICC DD S TO FORM:
J. e11e
county Attorney _
Glenn Vaad
P] g6- 990782
EG0038
EIAF-#3652
Revised May 1, 1996 DEPARTMENT OR AGENCY
Severance Tax Fund NAA
CONTRACT ROUTING NUMBER
I1L4 �� tic.;
CONTRACT
THIS CONTRACT, made this \kp day of a.r.A _11, , 1999, by and between the State of
Colorado for the use and benefit of the Department of L cal Affairs, 1313 Sherman Street, Denver, Colorado
80203 hereinafter referred to as the State, and the Board of County Commissioners County of Weld
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 unencumbered balance thereof remains availabl or pay nt in Fund Number 152
Appropriation Code Number 127 , Org. Unit FBA0 , GBL 59 , Contract Encumbrance
Number F9S3652 ; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to assist local governments and political subdivisions of the State that are
experiencing social and economic impacts resulting from the development of energy and mineral resource
industries in Colorado; and
WHEREAS, pursuant to 39-29-101 to 116, C.R.S., 1982 Rep. Vol., the Local Government Severance Tax
Fund has been created which fund is administered by the Department of Local Affairs herein referred to as the
"Department", through the Energy and Mineral Impact Assistance program; and
WHEREAS, pursuant to section 39-29-110(1)(a) and (b)(I) C.R.S.(1982), as amended, the Executive
Director of the Department is authorized to distribute funds from the Local Government Severance Tax Fund to
those political subdivisions socially or economically impacted by the development, processing, or energy
conversion of minerals and mineral fuels for the planning, construction, and maintenance of public facilities and
for the provision of public services; and
WHEREAS, the Contractor, a political subdivision eligible to receive energy/mineral impact assistance,
has applied to the Department for assistance; and
WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and
WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from the Local
Government Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions
as hereinafter set forth;
NOW THEREFORE, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements
as indicated in the "Scope of Services", set forth in the attached Exhibit A, hereinafter referred to as the "Project."
Work performed prior to the execution of this Contract shall not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of Donald D. Warden , an employee or agent of the Contractor, who is hereby designated as
the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project,
all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-
charge and the State receives notification of such replacement assignment.
Page 1 of 7 Pages
3. Time of Performance. This Contract shall become effective upon the proper execution of this
Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this
Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" Section
contained in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior
to execution of this Contract shall not be considered eligible expenditures for reimbursement from the State.The
Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that
completion of the Project shall occur no later than the completion date set forth in the "Time of Performance"
Section of Exhibit A.
4. Authority to Enter into Contract and Proceed with Project. The Contractor assures and warrants that
it possesses the legal authority to enter into this Contract. The persons signing and executing this Contract on
behalf of the Contractor do hereby warrant and guarantee that they have full authorization to execute this
Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed
with the Project, or, if the structure of the Project is such that a decision by the electorate is required, the
Contractor has held such an election and secured the voter approval necessary to allow the Project to proceed.
5. Compensation and Method of Payment.
Grant Funds; Method of Payment. In consideration for the work and services to be performed
hereunder, the State agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund,
in an amount not to exceed FIVE HUNDRED EIGHTY-FIVE THOUSAND AND NO/100 Dollars
( $ 585,000.00 ). The method and time of payment of such grant funds shall be made in accordance with the
"Payment Schedule"set forth in Exhibit A.
6. Reversion of Excess Funds to the State.
a) Any State funds not expended in connection with the Project shall be remitted to the State upon
completion of the Project or a determination by the State that the Project will not be completed.
b) It is expressly understood that if the Contractor receives funds from this Contract in excess of
its fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no
circumstances shall excess funds from this Contract be refunded to other parties.
7. Financial Management. At all times from the effective date of this Contract until completion of this
Project, the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other
funds associated with this Project. All receipts and expenditures associated with said Project shall be documented
in a detailed and specific manner, and shall be in accordance with the "Budget" Section set forth in Exhibit A.
Contractor may adjust individual budgeted expenditure amounts up the limitations set forth in Paragraph 8.b) of the
main body of this Contract without approval of the State. Any budgetary modifications that exceed the limitations set
forth in Paragraph 8.b) must adhere to procedures set forth in Paragraph 8.c)in order to modify the Contract budget.
8. Modification and Amendments.
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 modifications shall be incorporated into and be
part of this Contract as if fully set forth herein.
h) Programmatic or Budgetary Changes. This Contract has a simplified Change Letter procedure for
modifying this Contract for the following reasons:
i) unless otherwise specified in the Scope of Services, when cumulative budgetary line
item changes exceed Twenty Thousand Dollars($20,000.00);
ii) when any budget transfers to or between administration budgetary categories are
proposed;
iii) when the scope, objective or completion date of the Project changes as determined
by the Department;
iv) when additional or less State funding is needed;
Page 2 of 7 Pages
v) when there are additional federal statutory or regulatory compliance changes in
accordance with Paragraph 23 of the Original Contract.
Under such circumstances, the Department's approval is not binding until memorialized in a fully executed Change
Letter as specified in subparagraph c).
c) Change Letter Process. Contractor must submit a written request to the Department if
programmatic or budgetary modifications are desired. Paragraph 5, Compensation and Method of Payment;
Paragraph 23,Compliance with Applicable Laws;and Exhibit A,Scope of Services,may be modified by Change Letter,
signed by the State and the Contractor. Upon proper execution and approval, such Change Letter shall become an
amendment to the Contract, effective on the date specified in the Letter. No such Change Letter shall be valid until
approved by the State Controller or such assistant as he may designate. All other modifications to this Contract
must be accomplished through amendment to the Contract pursuant to fiscal rules and in accordance with
subparagraph 8.d).
d) Other Modifications. If either the State or the Contractor desires to modify the terms of this
Contract other than as set forth in subparagraphs b)and c)above,written notice of the proposed modification shall
be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an
amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment
required per this subparagraph will require the approval of other appropriate state agencies, e.g. Attorney General,
State Controller, etc.
9. Audit.
a) Discretionary Audit. The State, through the Executive Director of the Department, the State
Auditor, or any of their duly authorized representatives, including the right to hire an independent Certified Public
Account 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 final payment for this
Project is received by the Contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the
Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit
Law, C.R.S. 973, 29-1-601, et seq and the Single Audit Act of 1984, Pub. L. 98-502, and Federal and State
implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and
the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from
the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with
applicable requirements, the Department reserves the right to institute compliance or other appropriate
proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607
or 29-1-608.
10. Personnel. The Contractor shall perform its duties hereunder as a Contractor and not as an
employee of the State. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to
be an agent or employee of the State. Contractor shall pay when due all required employment taxes and income
tax withholding, shall provide and keep in force worker's compensation (and show proof of such insurance) and
unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the
acts of the Contractor, its employees and agents.
The Contractor is responsible for providing Worker's Compensation Coverage and Unemployment
Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage
for themselves. In no case is the State responsible for providing Worker's Compensation Coverage for any
employees or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the
State for any costs for which the State may be found liable in this regard.
11. Contractor,An Independent Contractor. Contractor shall be an independent Contractor 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.
12. Conflict of Interest. The Contractor shall comply with the provisions of C.R.S. 18-8-308 and C.R.S. 24-
18-101 through 24-18-109.
Page 3 of 7 Pages
13. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may,
after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from
incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to
terminate in accordance with provisions herein. The State may determine to allow such necessary and proper
costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the Project.
14. Contract Termination. This Contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor
is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of
contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees
that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt
of such funds by the State. In the event that such funds or any part thereof are not received by the State, the
State may immediately terminate or amend this Contract.
•
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract
for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof,
at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared
by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor
shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may
withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages
due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State
determines that the purposes of the distribution of State monies under the Contract would no longer be served
by completion of the Project. The State shall effect such termination by giving written notice of termination to the
Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. In the event of termination for convenience, all finished or unfinished documents and other materials
as described in subparagraph 14.b) above shall, at the option of the State, become its property. If the Contract
is terminated by the Slate as provided herein, the Contractor will be paid an amount which bears the same ratio
to the total compensation as the services actually performed bear to the total services of the Contractor covered
by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty
percent (60%) of the services covered by this Contract have been performed upon the effective date of such
termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual
out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the
Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract.
15. Integration. This Contract, as written, with attachments and references, is intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous addition,
deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written
authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable
law.
16. Severability. To the extent that this Contract may be executed and performance of the obligations
of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and
should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or
failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof
shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the same term.
17. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the
benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and
assigns.
Page 4 of 7 Pages
18. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this
Contract without the prior written consent of the other party. No subcontract or transfer of Contract shall in any
case release the Contractor of liability under this Contract.
19. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which
may require continued performance or compliance beyond the termination date of the Contract shall survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure to perform
or comply by the Contractor or its subcontractors.
20. Successor in Interest. In the event the Contractor is an entity formed under intergovernmental
agreement and the project is for the acquisition, construction or reconstruction of real or personal property to be
used as a public facility or to provide a public service, the Contractor warrants that it has established protections
that ensure that, in the event the Contractor entity ceases to exist, ownership of the property acquired or improved
shall pass to a constituent local government or other eligible governmental successor in interest so that the
property can continue to be used as a public facility or to provide a public service.
21. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules,
regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race,
color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions
section of this Contract, Contractor agrees to consider minorities or minority businesses as employees,
specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the
State Minority Business Office within the Office of the Governor for assistance in complying with the non-
discrimination and affirmative action requirements of this Contract and applicable statutes.
22. Minority Business Enterprise Participation. It is the policy of the State of Colorado that minority
business enterprises shall have the maximum practicable opportunity to participate in the performance of its
construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest
extent practicable and consistent with the efficient performance of this Contract. As used in this Contract, the
term "minority business enterprise" means a business, at least fifty percent (50%) of which is owned by minority
group members, or, in the case of publicly owned businesses, at least fifty-one percent (51%) of the stock of
which is owned by minority group members. For the purposes of this definition, minority group members are
Negroes or Black Americans, Spanish-speaking Americans, Asian Americans, American Indians, American
Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and
subcontractors regarding their status as minority enterprises and need not conduct an independent investigation.
23. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor
shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
Page 5 of 7 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. 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 practice(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 discr minate 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 fortraining,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 contractor
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the Contractors 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 an.d 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.
Form 6-AC-02B
Revised 7/97
395-53-01-1022
Page 6 of 7 Pages
(g) In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract or with any 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,or by rules,regulations or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity
and Affirmative Action of April 16, 1975,or by rules, regulations or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be
binding upon each subcontractor or vendor, The contractor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the Contractor
becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,the Contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.
If it is determined by the officer responsible for awarding the bid that compliance with this subsection .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 all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. 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 judgement 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.
11. 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 pan.ies hereto have executed this Contract on the day first above written.
CONTRACTOR: STATE OF COLORADO
(Full Legal Name) BOARD OF COUNTY COMMISSIONERS, BILL OWENS,G RNOR
CO OF WELD, CO ORADO By /c/. —
BOB BROOKS,EXECUTIVE (RECTOR
By l {TEL
•�` DEPARTMENT
Position(Title) CHAIRMAN OF LOCAL AFFAIRS
84-6000813 IA
Social Security Number or Federal ID Number
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(If Corporation:) ;•
) /7
Attest(Seal) ` /r{ / %,•
By
EC le Secredry.or EWn'Wn,1�✓���///ily Clerk `� ...
�! APPROVALS
PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER
�� Arthur L. B hart
By--_== °c.s v� By ..�.. . G,
Rose Marie en
Form 6-AC-02C
Revised 7/97
395-53-01-1030 Page 7 which is the last of 7 pages
EXHIBIT A
SCOPE OF SERVICES
EIAF -#3652 Weld County Roads
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION, OBJECTIVES, & REQUIREMENTS
The Project will consist of the construction of two miles of road known as Two Rivers Parkway. This
new road will connect to the existing parkway at Weld County Road 54 to US Highway 34. The
Project will include right-of-way acquisition, building a gravel base then paving over the gravel base
and placing appropriate drainage structures. County employees will be completing the work,
including the construction plans and specifications which have been drawn up by an employee of the
County who is a licensed engineer in the State of Colorado.
Energy/Mineral Impact Assistance funds in the amount of$585,000 are provided under this Contract
to finance Project costs. The Contractor is expected to provide $585,763 in Project financing, and,
in any event, is responsible for all Project cost in excess of$ 585,000.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall
be submitted to the Department of Local Affairs, Field Services Section, upon execution,and any and
all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable
Federal and Colorado State laws and shall be governed by the laws of the State of Colorado
notwithstanding provisions therein to the contrary.
2. ENERGY AND MINERAL IMPACT
The population of Weld County was 131,821 in 1990; it is currently estimated to be 151,108. There
are 12,210 oil and gas wells in the County and 218 energy/mineral production employees residing
within the County. It is anticipated that more than 300 new gas wells will be drilled in the coming year.
Energy revenues in the County are declining because of the price, but production continues at a
steady pace.
3. TIME OF PERFORMANCE
The Project shall commence upon the full and proper execution of this Contract and shall be
completed on or before October 31, 2000. However, in accordance with Paragraph 8 contained
within the main body of this Contract, the Project time of performance may be extended by Change
Letter, subject to mutual agreement of the State and Contractor. To initiate this process, a written
request shall be submitted to the State by the Contractor at least thirty (30) days prior to October 31,
200D, and shall include a full justification for the time extension.
Page 1 of 2 Pages
EIAF -#3652 Weld County Roads
EXHIBIT A
SCOPE OF SERVICES
4. BUDGET
REVENUE EXPENDITURES
Energy/Mineral Impact Assistance $585,000 Road Construction $1,170,763
Grant Funds
Contractor Funds 585,763
TOTAL $1,170,763 TOTAL $1,170,763
5. PAYMENT SCHEDULE -GRANT AGREEMENT •
a. $50,000 Initial payment to be made within thirty (30) days of the
date of execution of this Contract.
b. 485,000 In interim payments reimbursing the Contractor for actual
expenditures made in the performance of this Contract.
Payments shall be based upon properly documented
financial and narrative status reports detailing expenditures
made to date.
c. 50,000 Final payment to be made upon the completion of the
Project. The Contractor shall submit a final financial and
narrative status report documenting the expenditure of all
Energy/Mineral Impact Assistance funds for which
payment has been requested.
5585,000 TOTAL
All requests for payment after the first payment shall be initiated by the Contractor in accordance with
the provisions in Paragraph 5 of the main body of this Contract.
6. CONTRACT MONITORING
The State she II monitor this Contract on an as-needed basis.
7. REPORTING SCHEDULE
The Contractor shall submit financial and narrative status reports detailing Project progress and
properly documenting all to-date expenditures of Energy/Mineral Impact Assistance funds at the time
payment requests are made, in accordance with the Payment Schedule contained in Exhibit A.
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