HomeMy WebLinkAbout961118.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT AND
ANNEXATION OF CERTAIN ROADS ADJACENT TO CITY OF DACONO, COLORADO,
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, on the 12th day of June, 1996, the Board considered an Intergovernmental
Agreement for Improvement and Annexation of Certain Roads Adjacent to City of Dacono,
Colorado, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the City of Dacono, Colorado, by and through its City Council,
with terms and conditions being as stated in said agreement, and
WHEREAS, on June 12, 1996, the Board deemed it advisable to continue said matter to
June 19, 1996, at 9:00 a.m., to allow the City of Dacono further time for review and approval, and
WHEREAS, at said meeting on June 19, 1996, and after study and review, the Board
deemed it advisable to approve said agreement, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for Improvement and Annexation of
Certain Roads Adjacent to City of Dacono, Colorado, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the City of
Dacono, Colorado, by and through its City Council, be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of June, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLO DO
Liz)
daiildLi
�a+ atilikialA Barb a J. Kirkmeyer, Chair
lissi 0g g ity Clerk to the Boardlee /J f�
tE. Baxter Pr -Te
t_e21, . _. �� �
®� Deputy Clerk dthe Board
Dale K. Hall �p
APP AS T •
Constance L. Harbert,
urtiOtterjey �/� i ) /'`)�2�1 r c /
W. H. Webster'
961118
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INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENT AND ANNEXATION
OF CERTAIN ROADS ADJACENT TO THE CITY OF DACONO. COLORADO
fk
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this I -I day
of June, 1996 by and between the City of Dacono, Colorado, by and through its City Council,
hereinafter referred to as "City", with offices located at 512 Cherry Street, P.O. Box 186, Dacono,
Colorado 80514, and the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, Colorado,hereinafter referred to as "County", with offices located
at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS,portions of Weld County Road ("WCR") 13, between WCR 10 and Colorado
State Highway 52, and portions of WCR 15, between WCR 12 and Colorado State Highway 52
("Highway 52"), lie within the jurisdictional boundaries of both City and County and will best be
maintained in the future by being completely annexed into City, and
WHEREAS, WCR's 13 and 15, between WCR 12 and Highway 52, are in need of paving
and/or repaving, and County is planning a construction project wherein such stretches will be paved
and/or repaved in accordance with the terms of this Agreement, and
WHEREAS, City has received a grant from the Department of Local Affairs, State of
Colorado,dated May 29, 1996,a copy of which is attached hereto as Exhibit"A",wherein$115,082
of the cost of said paving and/or repaving project will be paid by said Grant, and
WHEREAS, City has received a total of$39,387 in cash from Browning-Ferris Industries
which has already been committed by City to pay for a portion of said paving/repaving project, and
WHEREAS, County has committed to pay the sum of$75,695 for said paving/repaving
project, and
WHEREAS, City and County now desire to enter into an Agreement whereby the
improvements and annexation issues referred to above are addressed to the satisfaction of both
entities, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(1).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
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Weld County CO Clerk & Recorder 0.00 nsiiis 1
1. TERM:
The term of this Agreement shall be from the date first written above to and until
such time as: a)the paving/repaving project are completed, b) the amounts set forth
in Paragraph 3 are paid by City, and c) WCR 13, between WCR 10 and Highway 52,
and WCR 15, between WCR 12 and Highway 52, are completely annexed into the
City and the annexation plat is recorded. Notwithstanding the foregoing,in the event
City should deannex either or both of said road stretches within ten (10) years after
the date of the execution of this Agreement,the payment of costs under Paragraph
3 herein shall remain an obligation of City.
2. PAVING AND/OR REPAVING OF WCR 13 AND 15 STRETCHES:
With respect to the planned paving and/or repaving of WCR's 13 and 15, between
WCR 12 and Highway 52, County shall be responsible for all project work
administration, including the engineering, design, construction, inspection, and
materials testing thereof. The total cost of said paving and/or repaving is estimated
to be $230,164; however, it is understood by both parties that said estimate is for
planning purposes only and shall not constitute the final costs for which either party
is responsible in accordance with the terms set forth in Paragraph 3. County shall
utilize its Public Works Department personnel to perform the work. County plans
to start said paving and/or repaving project on or about June 30, 1996, with
completion of said project by August 1, 1996, depending upon currently unknown
factors such as weather, availability of materials, and the need for completion of
other planned and/or emergency projects.
3. PAYMENT OF COSTS OF PAVING AND/OR REPAVING PROJECT:
County shall perform the paving and/or repaving project contemplated herein. Prior
to the start of said work, City shall pay to County the sum of$154,469 ($115,082 +
$39,387). County shall be responsible for paying all costs of said project in excess
of said $154,469. City shall be solely responsible for compliance with the
requirements of the Grant; however, County shall assist City in providing necessary
documentation for such compliance.
4. ANNEXATION OF PORTIONS OF WCR'S 13 AND 15 BY CITY:
City agrees to annex all portions of the WCR 13,between WCR 10 and Highway 52,
and WCR 15,between WCR 12 and Highway 52,which are not currently within the
City's jurisdictional boundaries to the entire widths of their rights-of-way. City shall
complete the annexation within a reasonable period of time after commencement of
the paving and/or repaving project by County,but in no event later than 90 days after
completion of thereof. In the event City fails to annex said stretches or deannexes
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961118
any portion of said stretches within 10 years of the execution of this Agreement, and
only in those events, City shall pay to County cash equal to 50 percent of the
difference between the City amount of$154,469 and the actual costs of the paving
and/or repaving work incurred by County.
5. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement
shall give or allow any claim or right of action whatsoever by any other person not
included in this Agreement. It is the express intention of the undersigned parties that
any entity other than the undersigned parties receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH.
This Agreement contains the entire agreement and understanding between the parties
to this Agreement and supersedes any other agreements concerning the subject matter
of this transaction,whether oral or written. No modification, amendment, novation,
renewal, or other alteration of or to this Agreement shall be deemed valid or of any
force or effect whatsoever, unless mutually agreed upon in writing by the
undersigned parties. No breach of any term, provision, or clause of this Agreement
shall be deemed waived or excused,unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party, whether express or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
8. INDEMNIFICATION.
To the extent authorized by law, City agrees to indemnify, save, defend, and hold
harmless County from any and all liability incurred as a result of acts, omissions, or
failures to act by County in its performance of the duties set forth in this Agreement
on those portions of the streets and roads located within City's jurisdictional
boundaries. The term "liability" includes, but is not limited to, any and all claims,
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961118
damages, and court awards, including costs, expenses, and attorneys' fees, incurred
as a result of any act or omission by County and its employees.
9. NO WARRANTY.
Neither County nor City, by virtue of their entering into this Agreement and upon
their promises to perform the work described herein, make warranties, either express
or implied, that the improvement work and/or maintenance of these roads meet
standards other than those generally required for counties and cities of the size and
type similar to County and City.
IN WITNESS WHEREOF,the parties hereto have signed this Agreement this P9 aay of June,
1996.
CITY OF DACONO, COLORADO, by and
ATTEST: through its City Council
Eftb By:9I/14-4—,
Nancy lliottty Clerk LiStepien, Mayor
Ez
COUNTY OF WELD, STATE OF
� ? -' COLORADO, by and through the Board of
V 1811 'O 4z, County Commissioners of Weld County
"`, y1/viuto the Board�
Ck" l tc arbara rkmeye , Chair
M:\WPFILES\AGREE\DACAGR.BTB
Page 4 of 4 Pages
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EXHIBIT "A"
EIAF-#3121 DEPARTMENT DR ACENCT
Mineral Lease Fund NAA
CONTRACT ROUTING WEER.
/d/os
CONTRACT
THIS CONTRACT, made this alal day of 1996, by and between the State
of Colorado for the use and benefit of the Departmen of Logs Affairs, 1313 Sherman Street. Denver, Colorado
80203 hereinafter referred to as the State. and the City of Datong" 512 Cherry Street. Dacono,
Colorado 80514 , hereinafter referred to as the Contractor,
WHEREAS,authority exists in the Law end Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 153
Appropriation Code Number 128 , Org. Unit FAN GBL yin to `7 Contract
Encumbrance Number F6MLG3121 and
0 WHEREAS, required approval, clearance and coordination have been accomplished from and with
appropriate agencies: and
rn WHEREAS, the State desires to assist state agencies, school districts, local governments and political
subdivisions of the State that are experiencing social and economic impacts resulting from the development of
energy/mineral resource industries in Colorado; and
a
WHEREAS, pursuant to 34-63-101 and 102, C.R.S. 1973. as amended, royalties received under provisions
of the federal Mineral Lands Leasing Act are to be distributed through the Local Government Mineral Impact Fund,
with the Department of Local Affairs ("Department") administering the fund as a function of the energy/mineral
impact assistance program; and
rn
M WHEREAS, applications for distributions from the Local Government Mineral Impact Fund have been
o received by the Department; and
o WHEREAS. the Fxecytive Director of the Department desires to-distribute said funds pursuant to law; and
Oa WHEREAS, the Contractor is an eligible political subdivision to receive energy/mineral impact assistance
rn from the Local Government Mineral Impact Fund;
w
d, NOW THEREFORE, it is hereby agreed that:
u't
1. Area Covered. The Contractor shall perform and accomplish all the necessary work and services
provided under this contract as described in the attached Exhibit A, which is Incorporated herein and made part
of this Contract by reference, in connection with and respecting the following area,or areas: Dacono,
Colorado
m cn 2. Scope of Services. In consideration for the monies to be received from the State, the Contractor
rn shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work
N 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
3. Responsible Administrator. The performance of the services required hereunder shall be under
the direct supervision of Melody Lee , an employee or agent of 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_
4. Time of Performance. This Contract shall become effective upon 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" in the attached Exhibit
A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall
not be eligible expenditures. 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 termination date
set forth in the Time of Performance.
5- Compensation and Method of Payment. The State agrees to pay to the Contractor, in
consideration for the work and services to be performed, a total amount not to exceed ONE-HUNDRED
FIFTEEN THOUSAND EIGHTY-TWO AND NO/100 Dollars ( $115,082,00 ). The method and
time of payment shall be made in accordance with the"Payment Schedule" set forth in Exhibit A RevisedDf5/94
Page 1 of 6 Pages 961118
6. Accounting. At all times from the effective date of this Contract until cbinpietlon of this Project. the
Contractor shall maintain properly segregated books 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 accord with the 'Budget* set forth in Exhibit k Contractor may adjust budgeted
expenditure amounts up to ten percerd ('10%) within said Budget without approval of the State. Adjustment of
budget expenditure amounts in excess of ten percent (10%) must be authorized by the State in an amendment to
this Contract property exev'iifed and approved pursuant to the State Fiscal Rules. In no event shall the Sate's total
consideration exceed the amount shown in Paragraph 5 above.
a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one
payment by the State, the Initial payment set forth in the Payment Schedule shall be
made as soon as practicable after proper execution of this Contract. The Contractor
shall initiate all subsequent payment requests by submitting documented proof of
proper expenditure of State funds thus far received to a contract monitor designated
by the State.
b. The Contractor shalt request the final payment, which is the amount withheld by the
State until the Project is complete,for the Project by submitting to the contract monitor
a detailed cost accounting or all State funds received and expended towards
completion of the Project Upon determining to Its satisfaction that all funds received
by the Contractor have been properly spent towards accomplishment of the Project,
the State shall promptly make final payment to the Contractor.
c. Within ninety (90)days of completion of the Project, the Contractor shall submit to the
contract monitor a detailed cost accounting of expenditures of the final payment
received from the State. Any State funds not expended in connection with the Project
shall be remitted to the State at that time.
7. Audit. The State or its authorized representative shall have the right to Inspect, examine, and audit
Contractor's records, books,accounts, Including the right to hire an Independent Certaiied Public Accountant of the
State's choosing and at the State's expense to do so. Such discretionary audit may be caned for at any time and
for any reason from the effective date of this Contract until five (5) years alter the date of Project completion,
provided that the audit is performed at a time convenient to the Contractor and during regular business hours.
Whether or not the State calls for a discretionary audit as provided for In 'this paragraph, if the Project is
accomplished within a single fiscal year of the Contractor, the Contractor shall, at the conclusion of the Project, and
in addition to any other reports repaired. submit a report and auditor's statement of the Project account to the Office
of Field Services in the Department of Local Affairs. Such report shall be prepared in conjunction with Contractor's
regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's
fiscal year.
8. Personnel. The Contractor represents that it has, or will secure at its own expense, unless otherwise
stated in Exhibit A, all personnel necessary to perform the work and services required to be performed by the
Contractor under this Contract. Such personnel may not be employees of Of have any contractual relationship with
the State and no such personnel are eligible for any employee benefits, unemployment compensation or any other
benefits accorded to State employees. Contractor shall pay when due all required employment taxes and income
tax withholding. Ail of the services required hereunder will be performed by the Contractor or under Its supervision.
The Contractor -is responsible for providing Workman'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 Workman's Compensation Coverage for any employees
or subcontractors of Contractor pursuant to this Agnn.n_rent
9. Termination of Contract 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
five(5)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.
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•
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_
10. Termination for Convenience of State. 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 shalt 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 that event, all finished or unfinished documents and other materials as described in Paragraph 9
above shall. at the option of the State, become its property. If the Contract is terminated by the State as provided
herein, the Contractor will be paid an amount which bears the same retie 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 wvered by this Contract. If this Contract is terminated due to the fault of the
Contractor. Paragraph 9 hereof relative to termination shall apply.
11. Changes. The State may, from time to time, require changes In the scope of services of the Contract
to be performed hereunder. However, this Contract Is intended as the complete integration of all understandings
between the parties, at this time. and no prior or contemporaneous addition, deletion. or other amendment hereto,
including any increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or
effect whatsoever,-unless embodied in a written contract amendment Incorporating such changes executed and
approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, changes in the time of performance
may be agreed to by letter it so provided for in Exhibit A. and Contractor may make adjustments of less than ten
percent (10%) in budget line items as provided for in Paragraph 6 of this Contract
12_ Reports. At feast two (2) copies of an reports prepared as a result of the Project will be submitted to
the Office of Field Services in the Department of Local Affairs within two (2) weeks of completion of such reports.
13.. Employment Referrals- The Contractor shall accept and require that all subcontractors accept. from
either the Job Training Partnership Act Service Delivery Area employment and training agency or the Job Service
Center in the area, referrals as candidates for filling vacant job positions supported by or created as a result of funds
provided by the State under this Contract.
14. Conflict of Interest.
a No employee of the Contractor shall perform or provide pan-time Services for
compensation. monetary or otherwise, to a consultant or consultant firm that has
been retained by the Contractor under the authority of this Contract
b The Contractor agrees that no person at arty time exercising any function or
responsibility in connection with this Project on behalf of the Contractor shall have or
acquire any personal financial or economic interest, direct or indirect. which will be
materially affected by this Contract, except to the extent that he may receive
compensation for his performance pursuant to this Contract.
c. A personal financial or economic interest includes, but is not limited to
i) any business entity in which the person has a direct or indirect
monetary interest;
ii) any real property in which the person has a direct or indirect monetary
interest:
iii) any source of income, loans, or gifts received by or promised to the
person within twelve (12) months prior to the execution date of this
Contract;
N) any business entity in which the person is a director, officer, general
or limited partner, trustee, employee, or holds any position of
management_
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For purposes of this subsection, indirect investment or interest means any investment or interest owned by
the spouse,parent,brother,sister,:son,daughter,father-In-law, mother-In-law,brother-in4aw,sister-In-late,son-in4aw,
or daughter-in-law of the person, by an agent on his/her behalf, by a general, limited.or silent partner of the person,
by any business entity controlled by said person, or by a trust in which he/she has substantial Interest A business
entity is controlled by a person If that person, his/her agent. or a relative as defined above possesses more than
fifty percent (50%) of the ownership Interest Said person has a substantial economic interest in a trust when the
person or-an above-defined relative has a present or future interest worth more than One Thousand Dollars
($1,000.00).
d. In the event a conflict of interest, as described in this Paragraph 14, cannot be
avoided without frustrating the purposes of this Contract,the person involved in such
a conflict of Interest shall submit to the Contractor and the State a full disclosure
statement setting forth the details of such conflict of interest In cases of extreme and
unacceptable conflicts of interest, as determined by the State,the State reserves the
right to terminate the Contract for cause. as provided In Paragraph 9 above. Failure
to file a disclosure statement required by this Paragraph 14 shall constitute grounds
for termination of this Contract for cause by the State.
15. Compliance with Applicablelaws. 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.
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.
•
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. .
19. Limitation to Particular Funds. 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 compenshtion 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 this Contract.
20. Minority Business Enterprise Paniclpation. 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
iirembera, 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
BladcAmericans,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.
21. 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.
22. Successor In Interest In the event the Contractor is an entity fanned under intergovernmental
agreement and the Project is for the-acqulsitlon, 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.
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
t. Dad Contract shall not he deemed .tl.d no lo it shell have been approved by the Controller of the Slate of Coloradans web aaaislanr at he maPdcsignate.Tbia
provision is applicable to any contract manlymg'hc payment of money by the State_
FUND AVAILABILITY
2.financial obligations of the Stare of Colorado payable finer the current fiscal-year are contingent upon funds rot that purpose being appropriated.budgeted,
and otherwise made ayailabic.
BOND REQUIREMENT
3. If this Contract involves the payment of more than fifty thousand dollars for the eocstrutiioa.ereealon.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.lncluded
in this epoUHL duly execute and deliver 10 the State official who will sign the contract.a good and sufficient bead or other acceptable surely to-be approved by
saidofftial in a penal sum cot lest than one-half of the total amount payable by the terms of this eentnet.Such bead shall be daily executed by a qualified cerpormc
surety conditioned upon the fadhfal performance of the Contract Odd In acidified,shall provide that if the contractor or hit subcontractor(fail to duly pay for any
labor,materials,team hire.sustenance.provisions.provender or other supplier used or consumed by such contractor fir his subcontractor in performance of the work
contracted to be done or fits to.pay any person who supplies rented machinery,leeb.Of egvipMent in the prosecution of the soft the surety wilt pay the same in
amount not exceeding the sum specified 1n the brand.together with interest at the rote of eight per cent per aanwm,Unless such bond it executed.delivered and
fled.no claim in faint of the contractor arising under such contract shall be audited,allowed or paid.A certified w cashier's cheek 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 CR5 36.26.106.
INDEMNIFICATION
a.To the cereal 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 coun awards including costa,expenses. and attorney fees incurred as a result of any act or om.ttmn by the contractor, or .0 employees.
agents,rvbeomraemrs.Dr assignee*puesosnt to the teems of this can .
DISCRIMINATION AND AFFIRMATIVE ACTION
5 The contractor agrees to comply u..th the lever and spirt of the Colorado Antidiscrimination Act of 1957. as amended. and ether applicable law respecting
d,rcrimma.ion and union emptoytnent practices (CR5 24-34-4021.and as required by Executive Order,Equal Opportunity and AfInn thee Acton.dated April 16.
1925, Part ant therein.'hr fortna.imp prnvisiont shall he contained in of!State Contract:et Sab.Caturocr.
During the-performance of that contract.Inc contractor agrtCs as fellpwa •
tas The contractor ...ill not discriminate against any employee Or applicant fof employment becauSc of race. creed. Color. national origin,aril.
marital status, religion ancemy mental or physical handicap,of age.Theconoaetor wig stake affinsgriet anion to ensure that applicants sac employed,and that
employees arc vcascil dw.ng employment. without regard 10 the above mentioned Characteristics. Such action shall include,but nai be limited to the following.
employment upgrading,donation,or manner.rcnruitmerd or recruitment zdveDlatngC lay'6Ds Or Semtitationa:rates of pay-or other forms of compensation: end
(election for oaintag. including apprenticeship. The contractor agrees to post in conspicuous place.available to employees and applicants for CfriplOyinent
notices to ht provided by int contracting of hem setting forth provisions of this non-discrimination clause.
(0)The contractor will.in all en6d.tauoos Or advertisements for employees placed by or on behalf of the contractor.state that all qualified applicants will
receive consideration for employment wlthov tic yard to race,creed.color.national origin.Sea,marital Status,religion ancestry.mental or physical handicap,
or age.
CO 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.nostcc to be provided by the contracting offset.advising the labor union or workers'representative of the contractor's commitment under the
Executive Order_Equal Opportunity and Affirmative Anion.dated April 16. 1975,and of the rules,regulations.and relevant Orders of the Governor.
(dl The contractor and labor unions will famish all information end reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, IDS, and by the rules. regu'assorts and Orders of ate Governor. or purauant 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.
(c)A labor organization will not exclude any individual otherwise qualified from full membership rights in such label organization.or expel any such individual
front membership in such labor organ intiom or discriminate against any of hs mmnbera.in the full enjoyment of rota opportunity because of race,reed.Colo.,
sea.national origin.or ancestry '
fp A labor organization_en the employees or members thereof will not aid,abet.incite,compel or coerce the doing of any art defined in this contract so be
discriminatory or obstruct or prevent any person Item 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.
Soon bAC-02B
0..v:a 003
395-S3-0t-tau
MCC5 of 6 pages
2499535 B-1554 P-987 07/03/96 03:27P PG 9 OF 13
961118
ELAF — #3121
(g)In the event of the coniractor's no4-ca Wtlpiisnce id'the nondiscrimination clauses atlas tontrscl or W ithany of arch rules,regulations,or orders,
this contract may be canceled, terminated or suspended in whole or in pan and fist contractor may be declared ineligible for further State contracts In
accordance with-procedures,authorized in Executive Ordct,Equal Opportunity and Affirmative Action of April lb. 1975 and-the rules, regotatiotls,or
orders promulgated in acestaoe therewith.and such odsbr sanctions at may be imposed and rrnedica 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 tvbcdnlraelot purchase order unless exempted by
rules.regulations.or order ousted pursuant to Executive Order.Equal Opportunity and Afrrreativa Attie...of April l6. 1975.so that such provisions w ill
be binding upon each subcentracwr or vendor.The contranor will take such action with respect to any sub-contracting or purchase order as the contracting
agency may direst.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-remit attach dieeClion by the coMMcring agency,the Cot tractor
may request the State of Colorado to enter into suds litigation to protect the interest of the State of Colorado-
COLORADO LABOR PREFERENCE
6a.Provisions of CRS S-17.101 &107 for preference of Colorado labor are applicable to this contract-if public works within the Stoic we undertaken hereunder and
are Fsaanced io whole or in part by State funds.
b.When a construction contract for a public project is In be awarded in a bidder.a resident bidder shalt be alkared a preference against a non-resident bidder from
a.skate or foreign country equal to the preference given or required by the state or foreign-country in which the non-resident bidder is•resident,If it is determined by
the officer le:pensible for awarding the bid that Compliance with this subsection.06 nosy cause denial of federal funds which would otherwise be available or would
otherwise be incvaaiawt with requirements of Federal Int.this subsection shall be suspended.but only to sM extern pecessary m prevent denial of she moneys or to
eliminate the inconsistency with Federal requirements(CRS a-19-lot and 102)
GENERAL
1_The laws of de State of Colorado and odes end regulations issued pennant thereto shall be applied in the iotesprcsaoon. eretutien. and enforcement of thn
convict.Any prmoine of this contract whether or not incorporated herein by reference which provides for arbitration by any catra-jaditid body or person or which
is otherwise in conflict with said lawa rules_and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
which purports to negate-0th or any whet special provision in whole or in part shall be valid of enforceable ar available in any action at taw 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-shit contact to the extent that the
conned is capable of execution.
I_At all times during rise leelnea aner of this contract.the Contractor shall felicity adhere to all applicable federal and state laws.rules_and rcgulaiona that have
been Of may hereafter be established.
9.The signatories aver that they arc familiar with CRS I g-a-301.et.seq..(Bribery and Convpr Induorces).std CAS 16-5-401.el.seq-.(Ab.se of Public Ort:ed•
and that no violation of stub emulsions is present.
10_ the signatories ever that to their tnowlcdgc.no Stale employee has any personal or beneficial intoteat whetsoeecr in the service or property ec-snb d herein.
lef WITNESS WHEREOF.the pans hereto ha-c ciotined this Contract en the day fist above atiutn.
Contractor.
(Full Legal Name) aaaifa STATE 0FC0IORAD0
a•..� f�,sta,�ep, ROY R MBA,G R
CITY OF D ' "b., 9e x
BY By
►7�JY7i d C R
•
'Petition Cline) = w
i a,84-0624 *r:
DEPARTMENT
If Come*vaiooafa
•,O w0 of 'me LOCAL AFFAIRS _ -_
Anna(Seal) "-� (� 1 voila lillaar�}- (� 1- i
by C1 "Ai11 Aass C�l�..IAUA_ ro M, y_\i4hR
`orwrarr t e.cwa.sa.crmsc"�".nn tiers
+v\ APPROVALS l� �q�p y
k F4 Yv YY`i 2_6:x•
ATTORNEY GENp�' CON7RQ_ ' ,.-:
B Dm a, By FAH • -•
By
k-d`1
- hand ningien `
Fenn 6-Acm.C Assistant Attorney General
fravieval in 3 State Services section
P1Qe 6 in hewfio e s i tail or 6 f. n- page.
2499535 8-1554 P-987 07/03/96 03:27P PG 10 OF 13 9611113
2499535 B-1554 P-987 07/03/96 03:27P PG 11 OF 13
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
961118
EIAF -#3121
EXHIBIT A
1. Scope of Services
The Project consists of the reconstruction and paving of one (1) mile of Weld County Road 13
between Roads 12 and State Highway 52 and one(1) mile of Weld County Road 15 between Road
12 and State Highway 52. Portions of Weld County Roads 13 and 15 have been annexed by the City
of Dacono, Colorado (Contractor)with adjacent land; the Contractor will annex the sections of mad
to be improved through this Project and will assume maintenance responsibility for the t truck tr
affi The
c that
sections of County Roads 13 and 15 to be reconstructed are impacted by heavy
serves oil and gas wells in the surrounding area.
Project elements include the laying of base course materials, applying asphalt paving, road shoulder
improvements,and engineering. Energy/Mineral Impact Assistance funds in the amount of$115,082
r,t are provided under this Contract to partially finance Project costs. The Contractor is responsible for
rl all Project costs in excess of$115,082.
O It is anticipated that work crews of Weld County, Colorado. will accomplish Project construction
activities through a memorandum of understanding with the Contactor. The memorandum of
understanding will also specify the arrangement between the Contractor end Weld County for utilizing
County resources to provide Project engineering services and to supply Project construction
materials purchased at a favorable rate through bulk purchase
Copies of arty and all contracts entered into by the Contractor in order to accomplish this Project shall
N be submitted to the Department of Local Affairs. Field Services Section, upon execution,and any and
m all contracts entered into by the Contractor or any of its subcontractors shall comply with all
applicable Federal and Colorado State taws and shall be governed by the laws of the State of
cn Colorado notwithstanding provisions therein to the contrary.
rn
m The Contractor shall comply with ell applicable State and Federal laws, rules, regulations and
Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race,
p color,religion, national origin, age. handicap or sex_ In compliance with Paragraph 5 of the Special
Provisions section of the main body of this Contract,the Contractor agrees to consider minorities or
r— minority businesses as employees, specialists, agents, consultants, or subcontractors under this
rn Contract. The 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
O. requirements of the Contract and applicable statutes.
2. Time of Performance
col The Project shall commence upon the full and proper execution of this Contract.
In The Project shall be completed on or before September 30, 1997. However, the Project time of
rn
performance may be extended, subject to the mutual agreement of the State and Contractor. A
cn written request for extension shall be submitted to the State by the Contractor at least thirty (30) days
prior to September 30. 1997. and shall include a full justification for the extension request.
3. Budget
REVENUE EXPENDITURES
Energy/fAneral Impact
$115,082 Road Reconstruction $230,164
Assistance Grant Funds
Contractor Funds 115,082
TOTAL $230,164 TOTAL $230,,]1604 96
Page 1 of 2 Pages 1118
EIAF.-#3121
EXHIBIT A
4_ Payment Schedule
a. $ 10,000 Initial payment to be made within thirty @0) days of the date
of execution of this Contract.
b. 98,082 In interim payments reimbursing the Contractor for actual
expenditures made in theperformance of this Contract.
Payments shall be based upon property documented financial
and narrative status reports detailing expenditures made to
date.
7 O00 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.
$115.082 TOTAL
All requests for payment after the first payment shall be initiated by the Contractor in accordance with
the provisions in Paragraph 6 of the main body of this Contract.
5. Contract Monitoring
The Department of Local Affairs shall monitor the Project on an as-needed basis.
6. Reporting Schedule
The Contractor shall submit financial and narrative statuelm act Asslrts detailing
tan Project pprogress
gtess find
properly documenting all to-date expenditures of Energy/Mineral P
payment requests are Made, in accordance with the payment schedule.
2499535 B-1554 P-987 07/03/96 03:27P PG 13 OF 13
Page 2 of 2 Pages
961118
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