The URL can be used to link to this page

Browse Search

Home My WebLink About20222314.tiffRESOLUTION RE: APPROVE RESCINDING RESOLUTION #2022-1369, DATED MAY 16, 2022, AND APPROVE REVISED CONTRACT FOR NOXIOUS WEED MANAGEMENT/SPRAYING ALONG CERTAIN STATE AND U.S. HIGHWAY SYSTEMS, AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY 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 May 16, 2022, by Resolution #2022-1369, the Board approved a Contract for Noxious Weed Management/Spraying along Certain State and U.S. Highway Systems between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, and WHEREAS, the Board has been presented with a Revised Contract for Noxious Weed Management/Spraying along Certain State and U.S. Highway Systems between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, commencing upon full execution of signatures, with further terms and conditions being stated in said revised contract, and WHEREAS, after review, the Board deems it advisable to approve said revised contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Weld County, Colorado, that Resolution #2022-1369, dated May 16, 2022, for a Contract for Noxious Weed Management/Spraying along Certain State and U.S. Highway Systems, be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Revised Contract for Noxious Weed Management/Spraying along Certain State and U.S. Highway Systems between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair, be, and hereby is, authorized to electronically sign and submit said revised contract. Cc: Pc,J(CH/ER/TB) 9/m /22 2022-2314 EG0080 RESCIND RESOLUTION #2022-1369, DATED MAY 16, 2022, AND APPROVE REVISED CONTRACT FOR NOXIOUS WEED MANAGEMENT/SPRAYING ALONG CERTAIN STATE AND U.S. HIGHWAY SYSTEMS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELOUNTY, COLORADO ATTEST: dath,v Weld County Clerk to the Board BY: 60O111 . bOat W Izk. Deputy Clerk to the Board APP ED A County Attorney Date of signature: Scd6 K. James, Chair n, Pro -T ri Saine — 2022-2314 EG0080 OLA #: 331002753 Routing #: 22-HA4-XC-00063 (State $HWY Mtce) Rev 10/03 WELD COUNTY GOVERNMENT Region: 4 (TCH) CONTRACT THIS AGREEMENT is entered into by and between WELD COUNTY GOVERNMENT (hereinafter called the "Local Agency" or "Contractor"), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the "State" or "CDOT"). RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs. Total Contract Amount: $55,000.00. 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Section 43-2-135(1)(i) C.R.S., as amended, requires the State to install, operate, maintain and control, at State expense, all traffic control devices on the state highway system within cities and incorporated towns. 4. The parties desire to enter this Contract for the Contractor to provide some or all of the certain Highway maintenance services on state highways that are the responsibility of the State under applicable law, and for the State to pay the Contractor a reasonable negotiated fixed rate for such services. 5. The parties also intend that the Contractor shall remain responsible to perform any services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost. 6. The State and the Contractor have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144 C.R.S., as amended, and in applicable ordinance or resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor for the purpose of noxious weed spraying on the state highway system as hereinafter set forth. Noxious weeds are defined in Exhibit A. 7. The Contractor has adequate facilities to perform the desired maintenance services on State highways within its jurisdiction. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Local Agency shall perform all Maintenance Services for the specified locations located within the Local Agency's jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in Section 22 of this Contract 2. This Contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Option Letter) 5. Exhibit D (Encumbrance Letter). Section 3. Term This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2022, whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefor. Section 4. Project Funding and Payment Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as may be evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and incorporated herein as Exhibit B. Document Builder Generated Page 1 of 8 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 B. Subject to the terms of this Contract, for the satisfactory performance of the Maintenance Services on the Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in monthly installments, upon receipt of the Local Agency's statements, as provided herein. C. The Local Agency will provide Maintenance Services as described in Exhibit A, for a total maximum amount of $10,000.00 per State fiscal year. The cumulative five-year total is $50,000.00. In accordance with Section 17.C, the Parties agree that this rate may increase up to 10% of the cumulative five-year total, for a maximum increase of up to $5,000.00, for a maximum contract total that shall not exceed $55,000.00. The negotiated rate shall remain fixed for the full five-year term of the contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total payments to the Local Agency during the term of this contract shall not exceed that maximum amount, unless this contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45 days. D. The State shall pay the Local Agency for the satisfactory noxious weed spraying under this agreement at the rates described in Exhibit A. E. The statements submitted by the Local Agency for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the Maintenance Services performed, the date(s) of that performance, and on which specific sections of the Highways such services were performed, in accord with standard Local Agency billing standards. F. If the Local Agency fails to satisfactorily perform the Maintenance Services or if the statement submitted by the Local Agency does not adequately document the payment requested, after notice thereof from the State, the State may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion. Section 5: State & Local Agency Commitments: A. The Local Agency shall perform the Maintenance Services for the certain State Highway System locations described herein. Such services and locations are detailed in Exhibit A. B. The Local Agency shall be responsible for noxious weed spraying on the highway miles as listed on Exhibit A. C. The Local Agency shall perform all Maintenance Services on an annual basis as described on Exhibit A. The Local Agency's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Regional Transportation Director, or their representative, shall determine the then current applicable maintenance standards for the Maintenance Services. Any standards/directions provided by the State's representative to the Local Agency concerning the Maintenance Services shall be in writing. The Local Agency shall contact the State Region office and obtain those standards before the Local Agency performs such services. D. The Local Agency shall perform the Maintenance Services in a satisfactory manner and in accordance with the terms of this contract. The State reserves the right to determine the proper quantity and quality of the Maintenance Services performed by the Local Agency, as well as the adequacy of such services, under this contract. The State may withhold payment, if necessary, until Local Agency performs the Maintenance Services to the State's satisfaction. The State will notify the Local Agency in writing of any deficiency in the Maintenance Services. The Local Agency shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State; b) from its own observation; or c) by any other means. In the event the Local Agency, for any reason, does not or cannot correct the deficiency within 24 hours, the State reserves the right to correct the deficiency and to deduct the actual cost of such work from the subsequent payments to the Local Agency, or to bill the Local Agency for such work. Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHWA to inspect the project and to inspect, review and audit the project records. Section 7. Termination Provisions This contract may be terminated as follows: A. This Contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non -terminating party, not later Document Builder Generated Page 2 of 8 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the Local Agency only for that portion of the highway Maintenance Services actually and satisfactorily performed up to the effective date of that termination, and the Local Agency shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Notwithstanding subparagraph A above, this contract may also be terminated as follows: B. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys 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 Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency 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 Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency 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 Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. D. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 8. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 9. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 10601 West 10th Street, Greeley, CO 80634. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State If to the Local Agency CDOT Region: 4 Weld County Government David Pollitt Tina Booton Project Manager Weed Division Supervisor 10601 West 10th Street PO Box 758 Greeley, CO 80634 Greeley, CO 80632 970-350-2130 970-400-3770 david.pollitt@state.co.us tbooton@weldgov.com Document Builder Generated Page 3 of 8 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 Section 10. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 11. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 12. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 13. Severability To the extent that this contract may be executed and performance of the obligations of the parties maybe 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 Section 14. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 15. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 16. Survival of 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, compliance or effect 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 Local Agency. Section 17. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A. Amendment Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this Contract is amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with Document Builder Generated Page 4 of 8 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Parties agree that an Amendment is necessary if the renegotiated rate and cumulative five-year total is greater than $55,000.00. Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change will go into effect on the first day of the first month following the amendment execution date. B. Option Letter i. The State may increase/decrease the quantity of goods/services described in Exhibit A. If the increase is 10% or less, the State may exercise the option by written notice to the Local Agency in a form substantially equivalent to Exhibit C. ii. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices (rates) established the previous State fiscal year in the contract and the schedule of services required, as set by the terms of this contract. The State may exercise the option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit C, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go into effect on the first day of the first month following the option letter execution date. C. State Encumbrance Letter The State may encumber the funds up to the maximum amount allowed, including any increase by the Local Agency up to 10% of the aggregate contract maximum made pursuant to Section 4.C, during a given fiscal year by unilateral execution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fully executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract. Any increase request shall consider the history between the parties, availability of labor, equipment, staff, fuels, chemicals, products, and mileage and any other applicable criteria presented. Any increase must be shown to be fair and reasonable, requested in writing by the Local Agency and will be limited to one (1) increase per year after the first year. Section 18. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 19. Does not supersede other agreements This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other "maintenance services" on State Highway rights -of -way within the jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights -of -ways that the Local Agency is required by applicable law to perform. Section 20. Subcontractors The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subcontractor. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State; which shall not be Document Builder Generated Page 5 of 8 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 21. Statewide Contract Management System If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this §Statewide Contract Management System applies. Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a statewide contract management system. Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Local Agency's performance shall be part of the normal contract administration process and Local Agency's performance will be systematically recorded in the statewide contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Local Agency's obligations under this contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Local Agency's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause. Section 22. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor Document Builder Generated Page 6 of 8 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor's liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor's liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Document Builder Generated Page 7 of 8 Rev. 12/09/2016 DocuSign Envelope lD.5214B88B-5155-43A5-9678-64C1447C7A28 OLA, 331002753 Routing #: 22-HA4-XC-00063 Section 23. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY WELD COUNTY GOVERNMENT Scott K. James Name: STATE OF COLORADO Jared S. Polis Department of Transportation ox°sqed." By 66,1.' f°�au't.lseia, °^�°°°, (print name) Chair Title: rmttitle -('DocuSigned by: (P ) J col l k jiunoLS Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director 8/10/2022 Date: ' _cean8DB083nts i nature g 8/10/2022 Date: 2nd Local Agency Signature if needed Name: STATE OF COLORADO LEGAL REVIEW Philip J. Weiser, Attorney General B N/A y (print name) Title: (print title) Signature — Assistant Attorney General Date: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD -DogySigned by: ov< Copcirtvt,o, By: '-BDA801C5CFAC478... Colorado Department of Transportation Date: 8/10/2022 Document Builder Generated Rev. 12/09/2016 Page 8 of 8 (2042 -a3/41 SG COLORADO Department of Transportation EXHIBIT A SCOPE OF WORK Colorado Department of Transportation Scope of Work for Maintenance performed duties by Weld County (the "Local Agency"). The Local Agency shall perform Noxious Weed Management/Snravine_"maintenance services" for the State Highway and US Highway System segments described herein, State Highway MP From MP To 392: CR 21 to Hwy 14 (Briggsdale): 1 fall treatment and 1 spring treatment 106 141.5 85: CR 100 to Wyoming State Line: 1 spring treatment 289 309 257: Highway 392 to Highway 14:1 fall treatment and 1 spring treatment 12 18.5 85: Lucerne (392) to Nunn (5th St): 1 fall treatment and 1 spring treatment 272.5 288.5 US 34: CR 45 to CR 61: 1 spring treatment 115 124 located within the Local Agency's jurisdiction, for a total of 87 (approximate) center lane miles which is equivalent to 174 (approximate) lane miles, as detailed below. To include noxious weed management within the Local Agency's jurisdiction. Project consists of approximately 174 miles with a spot spraying application of herbicides, as needed, covering the right-of—way on both sides of the highway, as needed and as directed by CDOT Region 4 Weed Manager. The project will require applications: x early spring/spring x late spring early summer x early summer/summer x late summer/early fall x supplemental spraying (Supplemental spot spraying might occur in problem areas at the discretion of the project manager and agency representative) Exhibit A - Page 1 of 3 a COLORADO Department of Transportation The project will require applications to address (See: CDA Noxious Weed List. bttps://ag.colorado.gov/conservation/noxious-weeds/species-id) (Check all that apply): x List A Species x List B Species x List C Species Other Agency shall follow all applicable laws and regulations. Specific Department of Agriculture (CDA) requirements to operate on CDOT's right-of-way shall include: x Agency Applicator (Required CDA Commercial Applicator) x Right of Way - 109 (ROW) endorsement on license Records The Local Agency shall keep spray records and shall be available for review and inspection by the project manager. The following requirements for record keeping shall apply: 1. Pesticide Applicators Act: 35-10-111. "Record-keepingrequirements" 2. National Pollutant Discharge Elimination (NPDE), Pesticide Discharge Permit (PDP): 7.0 "Record Keeping and Annual Reporting" 3. Colorado Department of Public Health & Environment (CDPHE), Colorado Discharge Permit System (CDPS): 7.2 "Recordkeeping for All Operators who are For -Hire Applicators". Materials CDOT supplies material Local Agency supplies materials and materials are not stored on State property Traffic Control Section x Local Agency will provide traffic control that conforms with the latest edition of Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD). Restricted Chemicals for this project including organic farms, bee hives, sensitive areas, others (E.G., CDA's No Spray List): x Follow No -Spray list Other Exhibit A - Page 2 of 3 SG COLORADO Department of Transportation Special Requirements for operations on Federal Lands shall be followed. In areas where CDOT ROW is on Federal Land such as the USFS, any applicable guidelines shall be followed, including: 1. Regulation on restricted chemical use, including any applicable local restrictions or EPA Restricted Use Pesticides and 2. Use Federal guidelines pursuant to the EPA's authorization of National Pollution Discharge Elimination System Permit Record Keeping (Requirements) Please check all that apply: Pesticide Applicators Act (CDA) NPDES PDP (Federal) x CDPHE CDPS (Colorado Department of Public Health, "Within or Near State Waters") Invoicing Requirements The invoice shall include the following information for CDOT internal cost tracking by highway segment. Highway Mile Post to Mile Post (approximate) x Total Acres Sprayed x Labor Hours x Equipment Hours Materials Costs Costs will be calculated to include labor of trained technicians, herbicide, other chemical, and equipment costs. The costs for State FY23 are estimated to be $10,000.00 Substantial increases, defined as a 10% increase or more over the previous fiscal year, in the cost of staff, fuel, equipment and/or chemicals will require the Parties to amend this contract. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A - Page 3 of 3 EXHIBIT B - LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION (if applicable) Exhibit B — page 1 of 1 EXHIBIT C - SAMPLE OPTION LETTER SAMPLE IGA OPTION LETTER Highway or Traffic Maintenance (This option has been created by the Office of the State Controller for CDOT use only) Date: I State Fiscal Year: I Option Letter No. I Routing # Vendor name: 1) SUBJECT: Change in the amount of goods within current term. 2) REQUIRED PROVISIONS: In accordance with Section 17 of contract routing number insert FY, agency code & routing #, between the State of Colorado, Department of Transportation, and insert Local Agency name the state hereby exercises the option to an increase/decrease in the amount of goods/services at the same rate(s) specified in Exhibit A. The amount of the current Fiscal Year contract value (encumbrance) is increased/decreased by $ amount of change to satisfy services/goods ordered under the contract for the current fiscal year insert fiscal year. The Contract Encumbrance Amount in Recital 1 is hereby modified to $amount of new annual encumbrance, and Section 4, B, 1 shall also be modified to show the annual not to exceed amount to $amount of new annual encumbrance and the Contract (five-year term) not to exceed amount shall be modified to $amount of the new five-year ma xie um. The total contract value to include all previous amendments, option letters, etc. is $insert accum€alated/total encumbrance amount. 3) EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later. APPROVALS: State of Colorado: JARED S. POLIS, GOVERNOR By: Date: Stephen Harelson, P.E., Chief Engineer, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Local Agency is not authorized to begin performance until such time. If Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay Local Agency for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: Date: Form date: August 16, 2013 Exhibit C — Page 1 of 1 EXHIBIT D - SAMPLE ENCUMBRANCE LETTER ENCUMBRANCE LETTER Date: State Fiscal Year: Encumbrance Letter No. Routing #: Orig. IGA: PO 1) Encumber fiscal year funding in the contract. 2) PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routing number . F outin between the State of Colorado, Department of Transportation, and art t „ns� 'g'g. ame, covering the term July 1, Year through June 30, WO, the State hereby encumbers funds for the goods/services specified in the contract for fiscal year The amount to be encumbered by this Encumbrance Letter is $a ridgrt fchange. The Total contract (encumbrance) amount, including all previous amendments, option letters, etc. is 3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State Controller. STATE OF COLORADO Jared S. Polis, GOVERNOR Department of Transportation By: Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Department of Transportation Date: Exhibit D — Page 1 of 1 Esther Gesick From: Sent: To: Cc: Subject: Hayes - CDOT, Theresa <theresa.hayes@state.co.us> Monday, June 27, 2022 1:08 PM Tina Booton Cheryl Hoffman; Pollitt - CDOT, David; CTB; Lauren Cabot CDOT Re: For Review: CDOT Draft OLA Noxious Weed Maintenance - Weld County 331002753 Cautior This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Tina, Thank you for the voicemail you left indicating that the revised draft was received and for forwarding it to legal and finance review. I understand the draft may need to be reapproved by the BOCC, and wanted to check and see if there was an anticipated timeline for their review and approval. Thank you again for your assistance throughout this process! Much appreciated, Theresa On Wed, Jun 8, 2022 at 4:28 PM Hayes - CDOT, Theresa <theresa.hayes@state.co.us>wrote: Good afternoon Tina, Thank you for your assistance throughout the review and approval process for these new Noxious Weed Spraying contracts. After I uploaded the contract to be routed for signatures, it was paused before being sent out for signature. Please see below for an update from my Manager, Lauren Cabot. The changes she references are in the attached revised draft - Section 4.C, Section 17.C, and Section 22 Special Provisions (including a format change that shortened the contract from 9 pages to 8 pages, excluding Exhibits). Please let Lauren and me know if you have any questions. Here is the update from Lauren: Good afternoon, I am the manager of the Local Agency, Railroad & Utility Unit at CDOT. You have been working with Theresa Hayes and David (Patch) Pollitt regarding Five (5) year noxious weed contracts. These contracts have been stalled through no fault of yours. Under my direction, we have been trying to put a clause in the agreement that if costs increase within a certain percentage, we could accommodate that without an amendment. We had approval from the Office of the State Controller, but due to staffing changes at CDOT this has been difficult to accomplish. I am happy to report that we were able to come to an agreement with our Controller's office regarding this type of clause in our agreement late yesterday. Unfortunately, the wording in our agreement has changed slightly and it does affect the bottom line in the agreement as well. We are unable to accommodate a cumulative 10% increase yearly, but can accommodate a 10% increase in the total budget with proper justification. In terms of dollars, the difference is not great, but I do need to call your attention to it. The State's fiscal year end June 30th. We need to have these agreements executed before that time so that we can encumber the funds to pay your agency for the weed services starting in July. If you could review the changes and give 1 your approval by the end of the week, we can upload the documents for electronic signature. The Controller's office has assured us that they will get these documents sent out very quickly. I appreciate your cooperation and time in this matter. If you have any questions please do not hesitate to reach out to me. Cordially, Lauren Cabot Thank you, Theresa On Mon, May 16, 2022 at 9:32 PM Tina Booton <tbooton@weldgov.com>wrote: Thank you for the heads up. Tina Booton Weld County Weed Division Supervisor On May 16, 2022, at 4:08 PM, Hayes - CDOT, Theresa <theresa.hayes@state.co.us>wrote: Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Absolutely! Thank you for confirming the signer information and providing the full name for the Chair. I uploaded this contract to our system today to initiate the routing process. It will likely be two weeks before it is sent out for signature. Tina, you will receive a copy of the electronic envelope when the link is sent via email to the Chair for signature. If you have any questions in the meantime, please don't hesitate to contact me. Thank you, Theresa On Mon, May 16, 2022 at 11:28 AM Cheryl Hoffman <choffman@weldgov.com>wrote: If it's not too late, could we make the signer, Scott K. James, please? His signature includes his middle initial. Thanks. Cheryl L. Hoffman Cheryl Hoffman To: Subject: Good morning, Tina, Tina Booton; Esther Gesick; CTB RE: CDOT contract We will get this one on the agenda, if you wish, on August 10, 2022. I'll defer to Esther to answer what paperwork would look like. Enjoy your day, Tina. Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com Original Message From: Tina Booton <tbooton@weldgov.com> Sent: Tuesday, August 2, 2022 8:03 AM To: Esther Gesick <egesick@weldgov.com>; CTB <CTB@co.weld.co.us>; Cheryl Hoffman <choffman@weldgov.com> Subject: CDOT contract Bruce is fine with the change. And Yes it needs to all go back in front of the BOCC as Esther suspected. Can you guys help me draft what the paperwork should look like? The soonest I am able to attend a meeting is August 10th or the week of the 22nd on. Thank you for your help. Let me know if you have any questions or need anything else from me. Sincerely, Tina Booton Weld County Weed Division Supervisor 1 RESOLUTION RE: APPROVE CONTRACT FOR NOXIOUS WEED MANAGEMENT/SPRAYING ALONG CERTAIN STATE AND U.S. HIGHWAY SYSTEMS AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY 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 Noxious Weed Management/Spraying along Certain State and U.S. Highway Systems between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, commencing July 1, 2022, with further 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 Noxious Weed Management/Spraying along Certain State and U.S. Highway Systems between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado Department of Transportation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WECOUNTY, COLORADO ATTEST: ditA44) G: X[ED;t.L Weld County Clerk to the Board BY: APPR County Attorney Date of signature: 5/2-O22 Cott K. James, Chair Lori Sai 2022-1369 EG0080 Conk'vac4 11)45-0(a BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Weld County Weed Division and CDOT Working Agreement DEPARTMENT: Public Works DATE: May 3, 2022 PERSON REQUESTING: Tina Booton Brief description of the problem/issue: CDOT is switching our annual working agreement from an annual PO to a 5 -year agreement. The dollars are still the same — up to $10,000/year with a total of $62,000 tied up in the agreement. We have selected a few of their problem roads in Weld County that the Weed Division spray staff will address for noxious weed growth. We have been helping CDOT for over 8 years treat noxious weeds on the highways. Highways that are included in the agreement are: Hwy 85 from Nunn to WY; Hwy 392 from CR 21 to Briggsdale; Hwy 257 from Hwy 392 to Hwy 14; US 34 from CR 45 to CR 61; and other small parts of Hwy 85 between Greeley and Nunn (not including medians). A small portion of these funds are also used as match for various grant applications that include that portion of highway. What options exist for the Board? (include consequences, impacts, costs, etc. of options): A. Sign and enter the 5 -year working agreement that either party can cancel at any time. B. Do not enter the 5 -year working agreement. Recommendation: A. Sign and enter the 5 -year working agreement that either party can cancel at any time. Approve Recommendation Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: 2022-1369 05/((e 6C� 005th Karla Ford From: Sent: To: Subject: Attachments: Approve Steve Moreno Tuesday, May 3, 2022 3:22 PM Karla Ford Re: Please Advise - CDOT Working Agreement Pass around image001 jpg; CDOT working agreement Pass Around.doc Sent from my iPhone On May 3, 2022, at 1:50 PM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you! Karla Forth Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 0 Street, P,O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford c@weldgov corn :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the nomed recipient is strictly prohibited. From: Tina Booton <tbooton@weldgov.com> Sent: Tuesday, May 3, 2022 2:42 PM To: Karla Ford <kford@weldgov.com> Cc: Marjorie Caudill <mcaudill@weldgov.com>; Magda Meza <mmeza@weldgov.com> Subject: Pass around Karla will you please circulate this pass around for me? Thanks. Tina Booton Weed Division Supervisor Weld County Public Works PO Box 758; 1111 H Street Greeley, CO 80632 970-400-3770 www.weldweeds.org Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and OLA /1: 331002753 Routing /I: 22-HA4-XC-00063 (State $HWY Mtce) Rev 10/03 WELD COUNTY GOVERNMENT Region: 4 (TCH) CONTRACT THIS AGREEMENT is entered into by and between WELD COUNTY GOVERNMENT (hereinafter called the "Local Agency" or "Contractor"), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the "State" or "CDOT"). RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs. Total Contract Amount: $62,000.00 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Section 43-2-135(1)(i) C.R.S., as amended, requires the State to install, operate, maintain and control, at State expense, all traffic control devices on the state highway system within cities and incorporated towns. 4. The parties desire to enter this Contract for the Contractor to provide some or all of the certain Highway maintenance services on state highways that are the responsibility of the State under applicable law, and for the State to pay the Contractor a reasonable negotiated fixed rate for such services. 5. The parties also intend that the Contractor shall remain responsible to perform any services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost. 6. The State and the Contractor have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144 C.R.S., as amended, and in applicable ordinance or resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor for the purpose of noxious weed spraying on the state highway system as hereinafter set forth. Noxious weeds are defined in Exhibit A. 7. The Contractor has adequate facilities to perform the desired maintenance services on State highways within its jurisdiction. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Local Agency shall perform all Maintenance Services for the specified locations located within the Local Agency's jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 22 of this Contract 2. This Contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Option Letter) 5. Exhibit D (Encumbrance Letter). Section 3. Term This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2022, whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefor. Section 4. Project Funding and Payment Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as may be evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and incorporated herein as Exhibit B. Document Builder Generated Page 1 of 9 Rev. 12/09/2016 oZO /_5Ce? OLA #: 331002753 Routing #: 22-.4-XC-00063 B. Subject to the terms of this Contract, for the satisfactory performance of the Maintenance Services on the Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in monthly installments, upon receipt of the Local Agency's statements, as provided herein. C. The Local Agency will provide Maintenance Services as described in Exhibit A, for a total maximum amount of $10,000.00 per State fiscal year. Parties agree that this rate may increase up to 10% each fiscal year without the need to amend the contract. The maximum contract total shall not exceed the cumulative five-year total of $62,000.00. The negotiated rate shall remain fixed for the full five-year term of the contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total payments to the Local Agency during the term of this contract shall not exceed that maximum amount, unless this contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45 days. D. The State shall pay the Local Agency for the satisfactory noxious weed spraying under this agreement at the rates described in Exhibit A. E. The statements submitted by the Local Agency for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the Maintenance Services performed, the date(s) of that performance, and on which specific sections of the Highways such services were performed, in accord with standard Local Agency billing standards. F. If the Local Agency fails to satisfactorily perform the Maintenance Services or if the statement submitted by the Local Agency does not adequately document the payment requested, after notice thereof from the State, the State may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion. Section 5: State & Local Agency Commitments: A. The Local Agency shall perform the Maintenance Services for the certain State Highway System locations described herein. Such services and locations are detailed in Exhibit A. B. The Local Agency shall be responsible for noxious weed spraying on the highway miles as listed on Exhibit A. C. The Local Agency shall perform all Maintenance Services on an annual basis as described on Exhibit A. The Local Agency's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Regional Transportation Director, or their representative, shall determine the then current applicable maintenance standards for the Maintenance Services. Any standards/directions provided by the State's representative to the Local Agency concerning the Maintenance Services shall be in writing. The Local Agency shall contact the State Region office and obtain those standards before the Local Agency performs such services. D. The Local Agency shall perform the Maintenance Services in a satisfactory manner and in accordance with the terms of this contract. The State reserves the right to determine the proper quantity and quality of the Maintenance Services performed by the Local Agency, as well as the adequacy of such services, under this contract. The State may withhold payment, if necessary, until Local Agency performs the Maintenance Services to the State's satisfaction. The State will notify the Local Agency in writing of any deficiency in the Maintenance Services. The Local Agency shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State; b) from its own observation; or c) by any other means. In the event the Local Agency, for any reason, does not or cannot correct the deficiency within 24 hours, the State reserves the right to correct the deficiency and to deduct the actual cost of such work from the subsequent payments to the Local Agency, or to bill the Local Agency for such work. Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHWA to inspect the project and to inspect, review and audit the project records. Section 7. Termination Provisions This contract may be terminated as follows: A. This Contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non -terminating party, not later than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the Page 2 of 9 Document Builder Generated Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 Local Agency only for that portion of the highway Maintenance Services actually and satisfactorily performed up to the effective date of that termination, and the Local Agency shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Notwithstanding subparagraph A above, this contract may also be terminated as follows: B. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys 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 Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency 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 Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency 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 Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. D. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 8. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 9. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 10601 West 10th Street, Greeley, CO 80634. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State If to the Local Agency CDOT Region: 4 Weld County Government David Pollitt Tina Booton Project Manager Weed Division Supervisor 10601 West 10th Street PO Box 758 Greeley, CO 80634 Greeley, CO 80632 970-350-2130 970-400-3770 david.pollitt@state.co.us tbooton@weldgov.com Document Builder Generated Page 3 of 9 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 Section 10. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 11. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all tights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 12. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, tights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 13. Severability To the extent that this contract may be executed and performance of the obligations of the parties maybe 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. Section 14. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 15. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 16. Survival of 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, compliance or effect 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 Local Agency. Section 17. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A. Amendment Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this Contract is amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Document Builder Generated Page 4 of 9 Rev. 12/09/2016 OLA #: 331002753 Routing /I: 22-.4-XC-00063 Parties agree that an Amendment is necessary if the renegotiated rate is greater than 10% of the previous year. Changes of 10% or less will be done by either Option Letter or Encumbrance Letter as described in Sections 17.B and 17.C. Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change will go into effect on the first day of the first month following the amendment execution date. B. Option Letter a. The State may increase/decrease the quantity of goods/services described in Exhibit A . If the increase is 10% or less, the State may exercise the option by written notice to the Local Agency in a form substantially equivalent to Exhibit C. b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices (rates) established the previous State fiscal year in the contract and the schedule of services required, as set by the terms of this contract. The State may exercise the option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit C, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go into effect on the first day of the first month following the option letter execution date. C. State Encumbrance Letter The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral execution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fully executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract. Section 18. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 19. Does not supersede other agreements This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other "maintenance services" on State Highway rights -of -way within the jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights -of -ways that the Local Agency is required by applicable law to perform. Section 20. Subcontractors The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subcontractor. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State; which shall not be unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 21. Statewide Contract Management System If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this §Statewide Contract Management System applies. Document Builder Generated Page 5 of 9 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-.4-XC-00063 Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a statewide contract management system. Local Agency's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Local Agency's performance shall be part of the normal contract administration process and Local Agency's performance will be systematically recorded in the statewide contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Local Agency's obligations under this contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Local Agency's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Document Builder Generated Rev. 12/09/2016 Page 6 of 9 OLA #: 331002753 Routing #: 22-HA4-XC-00063 Section 22. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is fora Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor's liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor's liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the Document Builder Generated Page 7 of 9 Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State's discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with a worker without authorization who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to ep rform work under this Contract, through participation in the E -Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Contract. Contractor (i) shall not use E -Verify Program or the program procedures of the Colorado Department of Labor and Employment ("Department Program") to undertake pre -employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with a worker without authorization for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 9 Document Builder Generated Rev. 12/09/2016 OLA #: 331002753 Routing #: 22-HA4-XC-00063 Section 23. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY WELD COUNTY GOVERNMENT Name: STATE OF COLORADO Jared S. Polis Department of Transportation By (print name) Title: (print title) Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date: *Signature Date: 2nd Local Agency Signature if needed Name: STATE OF COLORADO LEGAL REVIEW Philip J. Weiser, Attorney General By (print name) Title: (print title) Signature — Assistant Attorney General Date: *Signature Date: ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: Document Builder Generated Rev. 12/09/2016 Page 9 of 9 o2'oZ'� � I SG COLORADO Department of Transportation EXHIBIT A SCOPE OF WORK Colorado Department of Transportation Scope of Work for Maintenance performed duties by Weld County (the "Local Agency"). The Local Agency shall perform Noxious Weed Manaoement/Snraving: "maintenance services" for the State Highway and US Highway System segments described herein, State Highway MP From MP To 392: CR 21 to Hwy 14 (Briggsdale): 1 fall treatment and I spring treatment 106 141.5 85: CR 100 to Wyoming State Line: 1 spring treatment 289 309 257: Highway 392 to Highway 14:1 fall treatment and 1 spring treatment 12 18.5 85: Lucerne (392) to Nunn (5th St): 1 fall treatment and 1 spring treatment 272.5 288.5 US 34: CR 45 to CR 61:1 spring treatment 115 124 located within the Local Agency's jurisdiction, for a total of 87 (approximate) center lane miles which is equivalent to 174 (approximate) lane miles, as detailed below. To include noxious weed management within the Local Agency's jurisdiction. Project consists of approximately 174 miles with a spot spraying application of herbicides, as needed, covering the right-of—way on both sides of the highway, as needed and as directed by CDOT Region 4 Weed Manager. The project will require applications: x early spring/spring x late spring early summer x early summer/summer x late summer/early fall x supplemental spraying (Supplemental spot spraying might occur in problem areas at the discretion of the project manager and agency representative) Exhibit A - Page 1 of 3 SO COLORADO Department of Transportation The project will require applications to address (See: CDA Noxious Weed List. https://ag.colorado.gov/conservation/noxious-weeds/species-id) (Check all that apply): x List A Species x List B Species x List C Species Other Agency shall follow all applicable laws and regulations. Specific Department of Agriculture (CDA) requirements to operate on CDOT's right-of-way shall include: x Agency Applicator (Required CDA Commercial Applicator) x Right of Way - 109 (ROW) endorsement on license Records The Local Agency shall keep spray records and shall be available for review and inspection by the project manager. The following requirements for record keeping shall apply: 1. Pesticide Applicators Act: 35-10-111. "Record-keepingrequirements" 2. National Pollutant Discharge Elimination (NPDE), Pesticide Discharge Permit (PDP): 7.0 "Record Keeping and Annual Reporting" 3. Colorado Department of Public Health & Environment (CDPHE), Colorado Discharge Permit System (COPS): 7.2 "Recordkeeping for All Operators who are For-HireApplicators". Materials CDOT supplies material x Local Agency supplies materials and materials are not stored on State property Traffic Control Section x Local Agency will provide traffic control that conforms with the latest edition of Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD). Restricted Chemicals for this project including organic farms, bee hives, sensitive areas, others (E.G., CDA's No Spray List): x Follow No -Spray list Other Exhibit A - Page 2 of 3 SG COLORADO Department of Transportation Special Requirements for operations on Federal Lands shall be followed. In areas where CDOT ROW is on Federal Land such as the USFS, any applicable guidelines shall be followed, including: 1. Regulation on restricted chemical use, including any applicable local restrictions or EPA Restricted Use Pesticides and 2. Use Federal guidelines pursuant to the EPA's authorization of National Pollution Discharge Elimination System Permit Record Keeping (Requirements) Please check all that apply: x Pesticide Applicators Act (CDA) NPDES PDP (Federal) x CDPHE CDPS (Colorado Department of Public Health, "Within or Near State Waters") Invoicing Requirements The invoice shall include the following information for CDOT internal cost tracking by highway segment. Highway Mile Post to Mile Post (approximate) x Total Acres Sprayed Labor Hours x Equipment Hours Materials Costs Costs will be calculated to include labor of trained technicians, herbicide, other chemical, and equipment costs. The costs for State FY23 are estimated to be $10,000.00 Substantial increases, defined as a 10% increase or more over the previous fiscal year, in the cost of staff, fuel, equipment and/or chemicals will require the Parties to amend this contract. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit A - Page 3 of 3 EXHIBIT B - LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION (if applicable) Exhibit B — page 1 of 1 EXHIBIT C - SAMPLE OPTION LETTER SAMPLE IGA OPTION LETTER Highway or Traffic Maintenance (This option has been created by the Office of the State Controller for CDOT use only) Date: State Fiscal Year: Option Letter No. - I Routing # Vendor name: 1) SUBJECT: Change in the amount of goods within current term. 2) REQUIRED PROVISIONS: between the In accordance with Section 17 of contract routing number irt�FY, a . s. State of Colorado, Department of Transportation, and insert`L . the state hereby exercises the option to an increase/decrease in the amount of goods/services at the same rate(s) specified in Exhibit A. The amount of the current Fiscal Year contract value (encumbrance) is increased/decreasedby e to satisfy services/goods ordered under the contract for the current fiscal year ea The Contract Encumbrance Amount in Recital 1 is hereby modified to $0, ►ou .. f � ) d Section 4, B, 1 shall also be modified to show the annual not to exceed amount to and the Contract (five-year term) not to exceed amount shall be Maximum. modified to The total contract value to in dUt1 de all previous amendments, option letters, etc. is $inset t 1tint. 3) EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later. APPROVALS: State of Colorado: JARED S. POLIS, GOVERNOR By_ Date: Stephen Harelson, P.E., Chief Engineer, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Local Agency is not authorized to begin performance until such time. If Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay Local Agency for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: Date: Form date: August 16, 2013 Exhibit C — Page 1 of 1 EXHIBIT D - SAMPLE ENCUMBRANCE LETTER ENCUMBRANCE LETTER Date: State Fiscal Year: Encumbrance Letter No. Routing #: Orig. IGA: P0: 1) Encumber fiscal year funding in the contract. 2) PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routing number ti# between the State of Colorado, Department of Transportation, and tr s for s Narrte, covering the term July 1, Year through June 30, Year, the State hereby encumbers funds for the goods/services specified in the contract for fiscal year on The amount to be encumbered by this Encumbrance Letter is $amount of change. The Total contract (encumbrance) amount, including all previous amendments, option letters, etc. is $Inert New' $ Amt. 3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State Controller. STATE OF COLORADO Jared S. Polis, GOVERNOR Department of Transportation By: Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Department of Transportation Date: Exhibit D — Page 1 of 1 Contract Form New Contract Request Entity Information Entity Name" COLORADO DEPARTMENT OF TRANSPORTATION Contract Name. Entity ID g,00003413 Contract ID WELD COUNTY WEED SPRAYING AGREEMENT WITH CDOT 5796 Contract Status Contract Lead. CTB REVIEW TBOOTON Contract Lead Email tboatonAco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Contract Description" A FIVE YEAR WORKING AGREEMENT FOR WELD COUNTY WEED DIVISION TO TREAT NOXIOUS WEEDS ALONG CERTAIN CDOT ROAD SYSTEMS, Contract Description 2 Contract Type" AGREEMENT Amount 962,000.00 Renewable* YES Automatic Renewal Department PUBLIC WORKS nE CM- PublicW©rks.'weidcgay.corn Department Head Email CM-PublicWorks- DeptHeaddwveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTOR N EYOWEL DG OV.COM If this is a ren enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date" 05,'18; 2022 Due Date 05`142022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not ire OnBase Contract Dates Effective Date Review Date" 03101/2027 Renewal Date 05;19 2027 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing r Approval Process Department Head ELIZABETH RELFOR[) DH Approved Date 05,'11,,2022 Final Approval B0CC Approved BOCC signed Date Bt7CC Agenda Date 05,'16,2022 Originator TBCOTON Contact Type Committed Delivery Date Expiration Date Finance Approver CHERYL PATTELLI Contact Phone I Contact Phone 2 Purchasing •: it d Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 05,1112022 05:'11=2022 Tyler Ref # AG 051622 Hello