HomeMy WebLinkAbout971776.tiff RESOLUTION
RE: APPROVE COOPERATIVE AGREEMENT FOR TRAIL PROJECTS FOR POUDRE
RIVER TRAIL (MISSILE PARK TO HIGHWAY 257) 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 Cooperative Agreement for Trail
Projects for Poudre River Trail (Missile Park to Highway 257) between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
Colorado Division of Parks and Outdoors Recreation, Department of Natural Resources,
commencing on the date of the Notice to Proceed, and ending December 31, 1999, with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems 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 Cooperative Agreement for Trail Projects for Poudre River
Trail (Missile Park to Highway 257) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Colorado Division of
Parks and Outdoors Recreation, Department of Natural Resources, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of August, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , "Le EXCUSED
�ia1,
��.�� Geor a E. Baxter, Chair
We r' « nECAr"tr he Board
Constance L. Harbert, Pro-Tem
Wdpdt9=CJ rk u Cr; :oard �a EXCUSED DATE OF SIGNING (AYE)
D K. Hall
AY4 , 7T•/. M:
cusFn
Barbara J. Kirkmeyer
W. H,. ebster "bait?
971776
CC : Pt;cA;577A BC0024
Project Name Poudre River Trail-Missile Park To HWY 257
Number SYM - 97 - 109
COOPERATIVE AGREEMENT FOR TRAIL PROJECTS
BETWEEN
Colorado State Parks
AND
Weld County
THIS AGREEMENT, made this 1991 by and between the Colorado Division of Parks and Outdoors
Recreation, Colorado Department of Natural Resources, hereinafter referred to as the "State", and Weld
County.901 10th Ave . Greeley CO 80631, hereinafter referred to as the "Contractor".
WHEREAS, the State has the authorities as shown in C.R.S. 33-10-107 (1) (d) C.R.S. 33-11-102 (1) and (2),
and C.R.S. 33-11-107, to enter into cooperative agreements, manage a recreation program for trails and
to share costs with political subdivisions and other organizations, and
WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in State Parks'
account: Agency WA, FISCAL YEAR 2$, FUND 461, ORGANIZATION APTP, APPROPRIATION
HEP, PROGRAM PARK, OBJECT CODE 5120, GBL S109, Amount $65.000.00, CONTRACT
ENCUMBRANCE NUMBER ; and
WHEREAS, an application for the Project has been approved by the State and becomes part of this agreement
in whole, unless otherwise amended; and
WHEREAS, the Contractor has requested funds, consistent with the conditions in the aforementioned Article, to
develop all or a part of the Project described below, hereinafter referred to as the "Project"; and
WHEREAS, required approval, clearance, and coordination has been accomplished from and with appropriate
agencies; and
NOW THEREFORE, it is hereby agreed that:
I. Scope of Agreement:
1. Project Name: Poudre River Trail-Missile Park To HWY 257.
2. Project Description: As described in the project application, construction of 2.5 miles of paved trail
and includes a bridge crossing of the Poudre River. allows visiters to observe natural and human impacts
upon the land. Expertise level on the trail will range from easy to challenging
II. Time of Performance: This agreement will be effective from the date of the Notice to Proceed through
December 31. 1999.
III. Compensation Terms:
1. The State share of this project is not to exceed $65.000.00, a maximum of 50% of the Project costs.
2. 0% of the state funds may be advanced to the Contractor for start-up costs.
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3. The state share of the project costs shall be paid in no more than three (3) installments, the advance
payment, if needed, one payment at the end of the year in which the Project was authorized to Proceed,
and a final at the successful completion of the project and inspection by a representative of the State. The
first payment after the advance payment, should reflect the amount of work completed at the time the
payment request is submitted by the Contractor.
4. If weather precludes a final inspection for an extended period of time (2 months or more), the State
may withhold a maximum of 10% of the total payment until that inspection is satisfactorily completed.
This may necessitate a fourth payment to the Contractor and is the singular exception to 4., above.
5. None of the above conditions preclude either a single, one-time payment nor any combination of
payments of different amounts, up to the maximum number specified in III. 4. and III. 5. above.
IV. Terms and Conditions:
1. The items listed above under "Project Scope" have been approved by the State. The Contractor
shall expend monies and complete Project items for all of these approved expenditures. If the total Project
amount has been expended and the total Project is not complete, the Contractor must show that it made its
expenditures on items listed in accordance with this agreement.
2. The Contractor, for itself and its successors in interest, accepts responsibility for maintenance of the
Project for public outdoor recreational use for a minimum of five (5) and a maximum of twenty-five (25)
years, as specified in the application. This requirement does not preclude the Contractor entering into
agreements for the maintenance of the Project.
3. Any lands used for this Project will not be converted to any non-recreational use without prior
written approval of the State. All improvements resulting from the Project shall be maintained in a safe
manner, and the Contractor will periodically inspect the Project site to ensure that requirement is satisfied.
4. The Project, in whole or in part, may be terminated by the State at any time before the date of
completion for any of the following reasons: (a) the Contractor has failed to comply with the terms of this
Agreement; (b) the Contractor has insufficient funds to complete the Project; (c) the Contractor fails to
begin work on this Project within one year of the effective date of this Agreement. In the event the
Project is terminated, the Contractor shall nevertheless bring the Project to a point of usefulness as
determined by the State.
5. Remedies: (a) if this Agreement is for safety, education, or user information, and is terminated,
the State shall have all remedies available to it at law and in equity; (b) if this Agreement involves facility
development, and is terminated, the State, at its option and in addition to any other remedy available at
law and in equity, shall have the right of removal of any improvements made on the project site with State
funds, which may be removed without injury to the premises.
6. The State's participation in the Project is limited to providing funds. The Contractor is solely
responsible for the development and implementation of the Project and shall indemnify, save and hold
harmless the State, its employees and agents as provided in paragraph 4 under "Special Provisions" of this
Agreement.
7. 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. Contractor shall pay when due all required employment
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971776
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 Contractor, its employees and agents.
8. The Contractor shall maintain a complete record file of all receipts and expenditures and other
written records which pertain to the use of the funds and to the performance of the Agreement. Such
record files shall be made available upon request at such reasonable times and places as agreeable to the
parties of this Agreement.
9. No later than thirty (30) working days after the date of completion of the Project construction or
termination of the Agreement, the Contractor shall submit to the State a complete record of all receipts
and expenditures and other written records related to the Project. Any unused portion of the advanced
Project monies will be returned to the State at that time. Following the completion of the Project
construction or termination of the Project, the State shall inspect the Project facilities and audit all
expenditures made by the Contractor related to the Project as set forth above in "Scope of Agreement." If
the State finds any expenditures were not made in accordance with this Agreement, the State may request,
and the Contractor shall immediately refund monies used for those expenditures.
10. This Agreement constitutes the entire agreement between the parties. All amendments and/or
changes shall be by written instrument executed by the parties of hereto. The parties hereto have caused
this Agreement to be executed as of the date set forth herein by their duly authorized representatives. The
rights and responsibilities of the parties under this contract shall not be assignable without the prior written
approval of the State.
11. If federal funds are used in this project, then the Agreement is subject to and contingent upon the
continuing availability of federal funds for the purposes hereof.
12. All benefits derived from this Agreement shall be made available for the use and enjoyment of the
general public.
13. There shall not be any discrimination against any person on the basis of race, color, religion, sex,
age, or national origin with respect to any benefits made available to the general public by this Agreement.
14. All terms of the Agreement shall be binding on and inure to the benefit of the personal
representatives, successors, or assigns of the parties.
15. This Agreement is not assignable without written consent of both parties.
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971776
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 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 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 ascenain 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 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 provision of this contractor 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 in accordance therewith,and such other sanctions as may be imposed and
remedies as may be invoked as provided in Executive Orders, 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 be 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
Page 4 of 5 Total Pages
971776
bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise he 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.The signatories aver that they are familiar with CRS 18-8301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),and that no violation of
such provisions is present.
10.The signatories aver that to their knowl�^-`yee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, :if<< iEllegeto +k;xecuted this Contract on the day first above written.
Contractor: ' 7 �*
(Full Legal Name-)-r' !/�_:./�.G.../p��_�t1st C,,:% - STATE OF COLORADO
Board of Ct �SC_ , ROY ROMER,GOVERNOR
By
�\s- 6 ( *EXECUTIVE DIRECTOR
Position(Title) -_
84—.�10-81 A`►ems(
it !M / DEPARTMENT
If Corporation: �� OF Natural Resources Colorado State Parks
Attest(Seal) r ,<'
By /
�-_
caw,....s..,.,.n.o,ew..,mv own/City/Cowry Ckst
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Form 6-.\C-02B
Revised 1/93
page 5 of 5 pages 971.776
MEMORANDUM
WITO: Board of County Commissioners August 14, 1997
COLORADO From: Todd A.Hodges,Current Planner II
SUBJECT: Acceptance of Colorado State Parks contract for Poudre River
Trail project grant.
The Department of Planning Services and Weld County Attorney's Office have reviewed the proposed
contract for the construction of 2.5 miles of paved trail located between SH 257 and Missile Park.
Construction of the trail is to begin as soon as bids have been reviewed and the project awarded.The State
share of the project is not to exceed$65,000, a maximum of 50%of the project costs.
The Department of Planning Service's staff recommends acceptance of the contract and allow the Chairman
to sign.
Attached is a copy of the contract.
971776
STATE OF COLORADO
COLORADO STATE PARKS
1313 Sherman Street, Room 618
Denver, Colorado 80203 ,. COIORADO
Phone (303)866-3437 r4rE'cpARtS
FAX (303)866-3206
Roy Romer
July 9, 1997 Governor
James S.Lochhead
Karen Scopel Executive Director/
p Department of
Weld County Natural Resources
Greeley, CO 80631 Laurie A.Mathews
Director/
Colorado State Parks
Dear Karen Scopel : Colorado Board of Parks
Enclosed are four copies of the contract between Colorado State Parks and the Weld and Outdoors Recreation
County for the Poudre River Trail-Missile Park To HWY 257 project, number SYM - 97 ChartPeggy E.Montano
- 109. This trail project is funded with money provided by Colorado State Parks as part
Dr.Clark L.Striven,ODS
of the State Parks' allotment from the federal National Recreation Trails (Symms) Act. vice Chair
Bob Hernreich
Please have all copies signed by the appropriate representatives from your organization Secretary
and be sure to show your Federal Employer Identification Number (FEIN) on the John W.Singletary
signature page. Do not use a Social Security Number. Return all copies to me at the Member
above address. One copy will be returned to you after it is executed. If you need Howard Kenison
additional executed copies, please make them and return all copies to me. I will then Member
return the appropriate number of copies to you (the State keeps three copies).
The contract must be approved by the Colorado Attorney General and the Controller.
Then a copy of the contract will be returned to you, with your notice to proceed.
Generally that process takes about 4-5 weeks after you mail the contract here. I will
return the fully executed contract to you when those approvals are attached.
I am enclosing directions for the financial accounting documentation you need to
complete before we can process a payment to your organization. Please review these and
follow the directions. I will need to approve that documentation before I can request a
check for your expenses. It would be very helpful if you could supply pictures of the
project with the documentation. Please feel free to contact me if you have any questions.
Sinter y,
timothy B. King
Colorado State Parks
enclosures:Contract SYM-97-109(4 copies) '' q �y
971776
printed on recycled paper
COLORADO STATE PARKS
GRANT PROJECTS
PROJECT EXPENDITURE DOCUMENTATION
1. Copies of all bid notices, all bids and bid award notification.
2. A fully itemized Expenditure Report that shows costs, including all expenses, all
matching and in-kind resources used in for the project, and any other pertinent cost or
expenditure information. This can be as simple as a spreadsheet that shows:
Project Name,
Project Sponsor (your organization)
Year the Grant first awarded,
Reporting Date (the date of this particular report)
Listing of all chargeable expenses (with a brief description of the expense, the
date incurred, the amount of the expense, the date paid and a reference to the
invoice or check number).
3. The Expenditure Report should have attached:
Copies of all contracts, change orders, amendments, modifications and other
agreements related to the project.
Copies of canceled checks; including a reference to the invoice being paid.
Copies of all paid invoices
Documentation to support and account for all costs of paid labor, including
force account labor. This includes copies of time cards/sheets, payroll sheets,
and canceled checks. Time cards/sheets must be clearly annotated to indicate
hours, rates, and costs charged to project.
Documentation to support use of volunteers if that is an allowable cost for the
grant. Details should show number of volunteer hours actually worked on the
project and an acceptable value rate for that volunteer labor. As a rule,
volunteer labor is shown as the same expected rate of pay for unskilled or semi-
skilled labor in a geographic region. There are exceptions when the rate would
be the same as for skilled labor, but those cases should be well documented.
Documentation to support equipment costs should. Use vouchers and cost
summary sheets must be clearly annotated to indicate hour or mileage usage,
rate, and costs related to the project. Local rental rates or rates from federal or
state agencies (e.g., CDOT) may be used (use whichever is lower). Document
the source of the rates.
4. The following certification should appear on the report and the certification should be
signed by the appropriate person from your organization:
"This billing reflects only those items which conform and are consistent with the
description and conditions of this project. " Note Italics are not required.
5. Please be sure that all expenses are consistent with the project application, contract
and budget. If you have questions about the validity of a particular cost, please
call (303) 866-3437 and ask to talk to the Grants Administrator. 971776
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971776
Several calls were made to Timothy King, Colorado
State Parks, to try to obtain a signed contract.
No response was ever received.
File scanned without original signatures.
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