HomeMy WebLinkAbout20221369.tiffRESOLUTION
RE: APPROVE CONTRACT FOR NOXIOUS WEED MA
CERTAIN STATE AND U.S. HIGHWAY SYSTEMS
AND SUBMIT ELECTRONICALLY
WHEREAS, the Board of County Commissio
Colorado statute and the Weld County Home a Charter,
administering the affairs of Weld County, Color .o, and
GEMENT/SPRAYING ALA
AUTHORIZE CHAIR TO SI
, Colorado, pursuan
ith the authorit
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WHEREAS, the Board has been p . -nted with a Contract .r io Weed
Management/Spraying along Certain State and `� ighway Systems betw_ -n th ounty of
Weld, State of Colorado, by and through the .oard o my Commissioners of -Id County, on
behalf of the Department of Public Wor.., and the �ado Department of Tr-nsportation,
commencing July 1, 2022, with further t s and condition -ing as stated in said contract, and
WHEREAS, after review, the -oard • -ms it advisable , •prove said contract, a copy
of which is attached hereto and inco •orated he
by reference.
NOW, THEREFORE, B IT RESOLVED by - Board of County Commissioners of
Weld County, Colorado, that the ontract for Noxious Wee • nagent/Spraying along Certain
State and U.S. Highway Systems •etween the County of Weld, of Colorado, by and through
the Board of County Commissio -rs of Weld County, on behof the Department of Public
Works, and the Colorado Departm- t of Transportation, be, an ereby is, approved.
BE IT FUR ER RESOLVED
to electronically si
and submit said con
the Board that th
t
The above d foregoing ' - olution w
by the follow' g vote • the 16th ay of May, A. 2022.
ATTEST:
Weld County Clerk to :oard
APP.R
County Attorney
Date of signature: 5/2-‘42
Chair be, and hereby is, authorized
tion duly made and seconded, adopted
ARD OF COUNTY COMMISSIONERS
ECOUNTY, COLORADO
cott K. James, Chair
Lori Sai
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9Mt/22
2022-1369
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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 Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman, Pro-Tem
Scoft K. James, Chair
Steve Moreno
Lori Saine
2022-1369
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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: $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.
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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
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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 fmished 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
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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 may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
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.
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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.
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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.
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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), 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 tern 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
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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.
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Document Builder Generated
Rev. 12/09/2016
Page 8 of 9
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
024a -
CDOI
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/Snravin¢ "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
44k -
COLORADO
Department of Transportation
The project will require applications to address (See: CDA Noxious Weed List.
$ttps://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 -keeping requirements"
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
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
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:
State Fiscal Year:
Option Letter No. ? 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 IA MOO , between the
State of Colorado, Department of Transportation, and triseit"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 Ft tiOre by a
OfOaf* to satisfy services/goods ordered under the contract for the current fiscal year
The Contract Encumbrance Amount in Recital 1 is hereby modified to $amata1t srrfttr8l
, and Section 4, B, 1 shall also be modified to show the annual not to exceed amount to
a l b TX* and the Contract (five-year term) not to exceed amount shall be
eft# 4`thenewfive=yearitri2ximum.
$8irt�k�`1t
modified to
The total contract value to include all previous amendments, option letters, etc. is Simon
ace,MArxtCEtrtt tit.
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' r between the State of Colorado, Department of Transportation, and
ct arka , covering the term July 1, Year through June 30, Yom, 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 . The Total
contract (encumbrance) amount, including all previous amendments, option letters, etc. is
$ NOWS
3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State
Controller.
STATE OF COLORADO
Jared S. Polls, 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
Entity Information
New Contract Request
Entity Name*
COLORADO DEPARTMENT OF
TRANSPORTATION
Entity ID*
gO0003413
❑ New Entity?
Contract Name * Contract ID
WELD COUNTY WEED SPRAYING AGREEMENT WITH CDOT 5?96
Contract Status
CTB REVIEW
Contract Lead*
TBOOTON
Contract Lead Email
tboaton g-'co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project tF
Contract Description*
A FIVE YEAR WORKING AGREEMENT FOR WELD COUNTY 1NEED DIVISION TO TREAT NOXIOUS WEEDS ALONG CERTAIN CDOT
ROAD SYSTEMS.
Contract Description 2
Contract Type*
AGREEMENT
Amount .•
562,000.00
Renewable*
YES
Automatic Renewal
Grant
ICA
Department
PUBLIC WORKS
Requested MCC Agenda
Date*
05 18'2022
Due Date
05 14;2022
Department Email
CM- Will a work session with BDCC be required?*
PublicWorks=Pweldgov.corn NO
Department Head Email
CM-Public'Works-
DeptHead:,gweldgov.com
Courrty Attorney
GENERAL COUNTY"
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYA 1 1 ORNEY'AV�ELDG
OV.COM
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date*
03'01 2027
Committed Delivery Date
Contact Type Contact Email
Renewal Date*
05,E 19 2027
Expiration Date
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
05 1112022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05;16x'2022
Originator
TBOOTON
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
05/1112022 05,:11,2022
Tyler Ref it
AG 051622
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