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HomeMy WebLinkAboutbocc.res.025.2003A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE CONTRACT BETWEEN CDOT AND PITKIN COUNTY ADOPTING THE INTERGOVERNMENTAL AGREEMENT WITH CDOT FOR NOXIOUS WEED MAINTENANCE. Resolution No. ~ff -2003 RECITALS 1. Pitldn County and CDOT (Colorado Department of Transportation) desire to enter into an inter-governmental agreement for Noxious Weed Maintenance for a term of five (5) years. 2. Section 35-5.5-110(3) authorizes the State to contract with the Board of County Commissioners for the management of noxious weeds on State Highway fights-of-way lands administered by the State on temts and conditions satisfactory to both parties. 3. The parties desire to enter the Contract for Pitkin County to provide some or all of the certain noxious weed maintenance services on state highways 133 and 82 rights-of-way and for the State to pay Pitldn County the amount of $16,000. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado to enter into the Intergovernmental agreement with CDOT with regards The Noxious Weed Maintenance Contract. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE/~&DAY OF .~g~,., , 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE /:~t, DAY OF ./~ t~ 2003. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE ~ DAY OF .~z~2003. PUI~LISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE ~'~' DAY OF ~ ,2003. CHECK LIST FOR CONTRACTS SUBMITI~ED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: Pitkin County Public Works/Project Management Contact Person: .'~mti~$111~h, Pro_iect Manager ~-£~, ~e.~/~ ~' Phone #: 920-5396 or 618-3717 ~...r BOCC AGENDA ITEM (BOCC signature required) STAFF AUTHORIZED SIGNATURE (as per Procurement Code) Check Contract Type: Dollar Amount: ~ V'"Services [/ Intergovernmental Agreement Maintenance (Requires BOCC Action) C~ License/Use Non Profit Lease ~Quasi-Public Construction ~Grant Agreements (Requires BOCCAction) Purchase __Other Employment Signatures Required: Under 25K- Department Head 25-50K- Department Head (if appropriate), Section Leader Over 50 K- Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): C ~(~) ~ Contract Start Date: ~/t~'[O~ Contract End Date: Automatic Renewal (Y/N): t~t AllContracts should be proofed for the following: · No Pages Missing · If a Page is Left Intentionally Blank - Note on Page · Page numbered consecutively · All Signatures Affixed · All Dates Filled In · All Other Blanks Filled In · All Exhibits Attached · All Legal Descriptions Attached (if appropriate) · 151otice of Award/Proceed..Attached (if appropriate) Sentj~lerk and Record f~-~S~nning/Archiving j /;t ho rize dCgt'aff'F'~o n nature of authorized staff person indicates that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 606 South Ninth Street Grand Junction. Colorado 81~01 (970) 248-7017 Fax (970) 248-7031 m May S, 2003 Jim Lewis Pitkin County 76 Service Center Dr. Aspen, CO 81611 Dear Jim, Routing # 02HA3 00071 Pitkin County Noxious Weed Spraying C.M.$. # 02-2S2 This is your "NOTICE TO PROCEED" for the above mentioned project. CDOT has completed the agreement for the County to perform this work with reimbursement after the work has been completed. Start date for work performed, May 19, 2003 thru June 30, 2003. If you have questions please do not hesitate to call Mr. Weldon Allen at (970)248-7360 or myself at (970)248-7374. Weldon Allen Maintenance Superintendent LTC Ops I MEMORANDUM DEPARTMENT OF TRANSPORTATION Center for Procurement 4201 E. Arkansas Avenue, Room 150 Denver, Colorado 80222 FAX (303) 757-9669 DATE: May 19, 2003 TO: PITKIN COUNTY 76 SERVICE CENTER ASPEN, CO 81611 SUBJECT: WEED SPRAYING Please find enclosed a copy/original of the referenced contract for your records, NOTE: WORK SHALL NOT COMMENCE UNTIL A WRI'FI'EN NOTICE TO PROCEED HAS BEEN ISSUED BY THE COLORADO DEPARTMENT OF TRANSPORTATION~ REPRESENTATIVE, Copies/original of this contract have been distributed this date to the following: · CDOT Files · Business/Headquarters Staff Manager · Vendor/Government agency · CDOT Representative Sincerely, Bonnie Mulroy Bid and Contract Clerk Center for Procurement Services (303) 757-9236 NOXIOUS WEED MAINTENANCE CONTRACT 02 HA3 00071 PITKIN COUNTY CMS # 02-252 CDOT, R-3 (MAA) CONTRACT THIS NOXIOUS WEED MAINTENANCE CONTRACT, made this ,/& - day of f~f~ ,20~ by and between the STATE use OF COLORADO for the and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT, and PITKIN COUNTY, STATE OF COLORADO, by and through its Board of County Commissioners, 76 Service Center, Aspen, CO 81611, FEIN: 846000794, hereinafter referred to as "the Contractor" or "the County". FACTUAL RECITALS 1. Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Organization No. 3200, Appropriation Code No. 010, Program 3000, Function 2040, Object No. 5420 2N, (Contract encumbrance amount $16,000.00); and 2. Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and 3. Section 35-5.5-102 of the Colorado Noxious Weed Act, sections 35-5.5-101 thru 119, C.R.S. ("the Act"), declares that noxious weeds are becoming an increasing noxious weed maintenance problem on state highway rights-of-way, and that there is a need to ensure that all private and public land (including state highway right-of-way) within Colorado be protected by, and subject to the jurisdiction of, the local governing body (i.e., the County) in whose jurisdiction such state lands are located. 4. Section 43-2-102 and 103, C.R.S generally require the State to maintain state highways (including where such highways extend through a city or an incorporated town within the County), and section 35-5.5-110 (1), C.R.S. specifically requires the State to manage noxious weeds on any lands under its jurisdiction (including state highway rights-of-way) located within the County, using the methods prescribed by the County; 5. Section 35-5.5-105 requires the Board of County Commissioners of the County ("the Board") to adopt a noxious weed management plan for the County, and authorizes the Board to perform all or any part(s) of that plan through outside contract and to cooperate with other counties and municipalities for the exercise of any powers granted by the Act. 6. Section 35-5.5-110(3) authorizes the State to contract with the Board for the management of noxious weeds on State Highway rights-of-way lands administered by the State on terms and conditions satisfactory to both parties. 7. The parties desire to enter this Contract for the Contractor to provide some or all of the certain noxious weed 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; 8. The parties also intend that the Contractor shall remain responsible to perform any other services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost; 9. 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 35-5.5-I 10 (3), C.R.S., as amended, and in an ordinance or resolution (as applicable) duly passed and adopted by the Contractor and made a part hereto as Exhibit B, to enter into contract with the Contractor for the purpose of noxious weed maintenance on the state highway system located within the County as hereinafter set forth; and 10. The Contractor has adequate facilities to perform the desired noxious weed maintenance services on all the State Highways within its jurisdiction. NOW, THEREFORE, it is hereby agreed that: A. The Contractor shall perform the "noxious weed maintenance services" for the certain State Highway System segments described herein. Such services and highways are detailed in Exhibit A. B. As used herein the term "noxious weed maintenance services" shall mean only those services normally performed, and/or required to be performed, by the State to comply with its responsibility under sections 35-5.5-110, and 43-2-102, C.R.S., and under the Act, and as may be further described in the weed control section of the State's then current "Maintenance Management Information Manual", as amended, which is incorporated herein by this reference. The Contractor shall obtain a copy of that section of that Manual from the State before it performs any noxious weed maintenance services under this Contract. C. The County shall spray all noxious weeds on the full width of all segments of State Highway rights-of-way that are located within the jurisdiction of Pitkin County. D. In performing all such noxious weed maintenance services, the County shall use only pesticides that have been authorized or approved by the statutes and rules described above, and/or by the noxious weed management plans adopted by the boards of county commissioners of such counties, respectively, and/or by the weed control section of the State's Manual. E. In the event of any conflict between the statutes and rules described above and the noxious weed management plans adopted by the boards of county commissioners of such counties, respectively, and/or the weed control section of the State's Manual, the statutes/rules shall prevail over the management plans, and the management plans shall prevail over the State's Manual, to the extent of such conflict. F. To the extent consistent with the documents and statutes/rules described above, the County's performance of such services shall also comply with any directions (if any) from the State for the performance of such services. In that event, the State's Regional Transportation Director, or his representative, shall provide such directions to the Contractor in writing. G. The Contractor shall perform the noxious weed 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 noxious weed maintenance services performed by the Contractor, as well as the adequacy of such services, under this Contract. The State may withhold payment, if necessary, until Contractor performs the noxious weed maintenance services to the State's satisfaction. The State will notify the Contractor in writing of any deficiency in the noxious weed maintenance services. The Contractor shall commence corrective action within 24 hours, the State reserves the right (but shall have no obligation) to correct the deficiency and to deduct the actual cost of such work from the subsequent payments to the Contractor, or to bill the Contractor for such work. H. Subject to the terms of this Contract, for the satisfactory performance of the noxious weed maintenance services on the State Highways as described above, the State shall pay the Contractor based on actual incurred costs, payable in monthly installments for the months in which the Contractor actually performs such services or incurs costs for same, upon receipt of the Contractor's monthly invoice, as provided herein. 1. The Contractor's invoice of actual incurred costs (and payments) shall be based solely on the following rate and total amount that have been negotiated by the parties: The total annual payments to the Contractor under this Contract shall not exceed the annual maximum amount of $16,000.00 (i.e., the "not-to-exceed" amount). 2. Provided, however, that the total of all such payments during any fiscal year of the term of the Contract shall not be greater than the "not to exceed" amount of this Contract (as described above), unless the Contract is amended or extended accordingly. The negotiated rate shall remain fixed for the full term of the Contract, unless this rate is renegotiated in accord with the procedure set forth herein in paragraph L. 3. The statements submitted by the Contractor for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the noxious weed maintenance services performed, the date(s) of that performance, and on which specific sections of the State Highways such services were performed, in accord with standard Contractor billing standards. 4. If the Contractor fails to satisfactorily perform the noxious weed maintenance for a segment of the State Highways (or portion thereof), or if the statement submitted by the Contractor 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. I. 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. J. This Contract shall be effective on the date it is approved by the State Controller. Upon execution of this Contract, all previous contracts (if any) between the State and the Contractor for noxious weed maintenance of State Highways shall become null and void. K. 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 Contractor only for that portion of the noxious weed maintenance services actually and satisfactorily performed up to the effective date of that termination, and the Contractor 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. L. 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 only if the party requesting the rate change documents, in accord with then applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and implementing regulations), that the requested increase/decrease is based on and results from (and is proportionate to) an increase/decrease in the "allowable costs" of performing the Work. M. All of the covenants and provisions shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. N. The Contractor will maintain adequate cost records for the Work in accordance with acceptable accounting practices to determine the quality and adequacy of the noxious weed maintenance services. Said records shall be available for review and audit by the State during normal working hours during the contract period and for 3 years from the date of payment to the Contractor. Upon notice, and upon mutual consent, the parties hereto may change this record requirement. T~ "SPECIAL PROVISIONS". The following provisions are required by State Fiscal Rules to be included in all State Contracts: (For Use OnB' with Inter-Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 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 for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL pAy WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MON1ES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISEPROV1DE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPL1ED, TOBINDTHE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Revised: 12/1/01 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS GOVERNOR PITKIN COUNTY Legal Name of Contracting Entity For E~c-ut~e Director 846000794 Department of Transportation FEIN # · LEGAL REVIEW: Sigrr~ture of Autho~ed Officer KEN SALAZAR ATTORNEY GENERAL Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) By. (County Clerk) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado ma) not be obligated to pay for the goods and/or services provided. STATE CONTROLLER By ~/~~TH~R~[7~ Date~¥}~ /~. ~]~ - ' Revised: 12/1/01 SCOPE OF WORK This contract involves the control of noxious weeds as listed on the Colorado Department of Agriculture's "Noxious Weed List" on CDOT's right of ways and to perform Integrated Pest Management with Pitkin County. For the amount of $16,000 on the following highways: Colo. 133, and Colo. 82. A spray log with highway locations, estimated acres treated and target pest controlled will be supplied with all invoices. // A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING TIJ~E CONTRACT BETWEEN CDOT AND PITKIN COUNTY ADOPTING THE INTERGOVERNMENTAL AGREEMENT WITH CDOT FOR NOXIOUS WEED MAINTENANCE. Resolution No. Of -2003 RECITALS 1. Pitkin County and CDOT (Colorado Department of Transportation) desire to enter into an inter-governmental agreement for Noxious Weed Maintenance for a term of five (5) years. 2. Section 35-5.5~110(3) authorizes the State to contract with the Board of County Commissioners for the management of noxious weeds on State Highway rights-of-way lands administered by the State on terms m~d conditions satisfactory to bofl~ pm'ties. 3. The parties desire to enter the Contract for Pitkin County to provide some or all of the certain noxious weed maintenance services on state kighways 133 and 82 rights-of-way and for the State to pay Pitkin County the amount of $16,000. NOW THEREFORE BE IT RESOLVED by the Board of County CommiSsioners of Pitldn County, Colorado to enter into the Intergovernmental agreement with CDOT w~th regards The Noxious Weed Maintenance Contract. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE Rt~;GULAR MEETING ON THE/~ aL DAY OF .~. t~,.d.~, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE DAY OF ~ g~ 2003. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE ~4/u DAY OF k~_/~,~/~2003. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE DA¥OF ,200 . EXHIBIT B, Page I or..,, 2, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE CONTRACT BETWEEN CDOT AND PITKIN COUNTY FOR PAVING OF PARKING AREAS AT THE AIRPORT AND PURCHASE OF PASSENGER VAN Resolution No. ,d9~)5 -2003 RECITALS 1. Pitkin County and CDOT (Colorado Department of Transportation) desire to enter into an inter-governmental agreement for Noxious Weed Maintenance for a term of five (5) years. 2. Section 35-5.5-110(3) authorizes the State to contract with the Board of County Commissioners for the management of noxious weeds on State Highway rights-of-way lands administered by the State on terms and conditions satisfactory to both parties. 3. The parties desire to enter the Contract for Pitkin County to provide some or all of the certain noxious weed maintenance services on state highways 133 and 82 fights-of-way and for the State to pay Pitkin County the amount of $16,000. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitldn County, Colorado to enter into the Intergovernmental agreement with CDOT with regards The Noxious Weed Maintenance Contract. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE /~'~DAY OF f)!&cc(,,~, , 2003 NOTICE OF PUBLIC HEARING PUBLISI-EED IN THE ASPEN TIMES ON TIrIE DAY OF/5~[ ))!~',q[~ 2003. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE '~ DAY OF '\ }~r t~.~003. PUI~L, ISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE .5-~' DAYOF ( ,~i.,~ 7Q ,2003. F, XztIBIT S, Page ~ of.,~ Reso # ~:, .,5 -2003 ATTEST: Jeanetfe j~nes //' Date Depu~lerk & Recor~ APPROVED AS TO FORM: County A~omey /? Jim Lewis Date County Vegetation Manager BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jack Hgffield Date Chairman MANAGER APPROVAL: Hilary F~ e~her Smit-~ County Manager Date EXHIBIT B, Page 2 /4 SAMPLE BILATERAL CHANGE ORDER LETTER Exhibit C Date: State Fiscal Year: Bilateral Change Order Letter No. In accordance with Paragraph of contract routing number , [ your agency code here ] __, between the State of Colorado Department of or Higher Ed Institution [ your agency name here ] ( division) and [ Contractor's Name Here ] covering the period of [ July 1, 20__ through Jtme 30, 20 ] the undersigned agree that the supplies/services affected by this change letter are modified as follows: Services/Supplies Exhibit __, Schedule of Equipment for Maintenance or Schedule of Delivery, is amended by adding , serial numbers and Price/Cost The maximum amount payable by the State for [service] [supply] in Paragraph __ is (.increased/decreased) by ($ amount of change) to a new total of($ ) based on the unit pricing schedule in Exhibit . The first sentence in Paragraph is hereby modified accordingly; The total contract value to include all previous amendments, change orders, etc. is [ $ ]. OR The parties agree that the changes made herein are "no cost" changes and shall not be the basis for claims for adjustment to [price] [cost ceiling], delivery schedule, or other terms or conditions of the contract. The parties waive and release each other from any claims or demands for adjustment to the contract, including but not limited to price, cost, and schedule, whether based on costs of changed work or direct or indirect impacts on unchanged work. Controller approval of this "no cost" change is not required, contractor initials. Agency initials. [ Include this sentence: This change to the contract is intended to be effective as of , or on approval by the State Controller, whichever is later. ] Please sign, date, and return all copies of this letter on or before 20 APPROVALS: Contractor Name: State of Colorado: Bill Owens, Governor By: By:. Date: Name For the Executive Director/College President Title Colorado Department of or Higher Ed Institution ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller, Arthur L. Barnhart By: Date: Exhibit C-Pagelofl SAMPLE OPTION LETTER Exhibit D Date: State Fiscal Year: Option Letter No. SUBJECT: [Amount of goods/Level of service change] In accordance with Paragraph(s) of contract routing number _, [ your Agency code here ], between the State of Colorado Department of or Higher Ed Institution [ your agency name here ], [ division], and [Add Contractor's name here] covering the period of [ July 1, 20 through June 30, 20 R, ] the state herby exercises the option for [an additional one year's performance period at the (cost) (price) specified in Paragraph .] and/or [increase/decrease the amount of goods/services at the same rate(s) as specified in Paragraph/Schedule/Exhibit .] The amount of funds available and encumbered in this contract is [increased/decreased ] by [$ amount of change] to a new total funds available of [ $ ] to satisfy services/goods ordered under the contract for the current fiscal year [ FY 0 ]. The first sentence in Paragraph is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is [ $ ]. APPROVALS: State of Colorado: Bill Owens, Governor By:. Date: [Executive Director/College President ] Colorado Department of or Higher Ed Institution ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If per£ormance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Arthur L. Barnhart By: Date: Exhibit D - Page 1 of 1 /~ STATE SERVICES BUILDING I~N SA~AZAR STATE OF COLORADO 1525 Sherman Street - 5th Floor Attorney General DEPARTMENT OF LAW Denver, Colorado 80203 CHRISTINE M. ARGUELLO Phone (303) 866-4500 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303)866-5691 AEAN J. GILBERT Solicitor General May 1, 2003 Renee Hassel Pitkin County Public Works 76 Service Center Road Aspen, CO 81611 RE: Noxious Weed Maintenance Contract Dear Renee: I am writing regarding the Noxious Weed Maintenance Contract (02 HA3 00071) you were recently sent by the Colorado Department of Transportation ("CDOT"). After this contract was sent, it was detemfined that the provisions pertaining to the contract modification tools were incorrect. Therefore, it is necessary to obtain your permission to modify the agreement. The following changes will be made to the contract with your permission: 1. Page 6, Paragraph~, '~S~will be deleted. 2. Page 6, Paragraph R, references to Exhibit C-1 (Change Order Letter) will be  0~0~ changed to reference Exhibit D (a Contract Option Letter). 3. Exhibit C-2 (Funding Letter) will be deleted. 4. Exhibit D, (a Contract Option Letter) will be added. Copies of revised pages 6 and 7, as well as the new Exhibit D, are attached for your review. We will substitute these new pages and the new exhibit into the contract, which you recently signed and returned to CDOT. We would appreciate your response/acknowledgement of these contract changes by January 20, 2003. If we receive no response by this date, CDOT will assume the changes are acceptable and proceed with contract execution. /? O. The Contractor represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the Contractor and to bind the Contractor to its terms. P. Bilateral changes within the general scope of the Contract, as defined in Paragraph A above, may be executed using the change order letter process described in this paragraph and a form substantially equivalent to the sample change order letter attached as Exhibit C, for any of the following reasons. 1. Where the agreed changes to the specifications result in an adjustment to the price, delivery schedule, or time of performance. 2. Where the agreed changes result in no adjustment to the price, delivery schedule, or time of performance. The change order shall contain a mutual release of claims for adjustment of price, schedules, or time of performance. 3. Where the changes to the contract are priced based on the unit prices to be paid for the goods and/or services established in the contract. 4. Where the changes to the contract are priced based on established catalog generally extended to the public. Other bilateral modifications not within the terms of this paragraph must be executed by formal amendment to the contract, approved in accordance with state law. Q. The State may increase the quantity of goods/services described in Exhibit A at the unit prices established in the contract. The State may exercise the option by written notice to the contractor within 30 days before the option begins in a form substantially equivalent to Exhibit D. Delivery/performance of the goods/service shall continue at the same rate and under the same terms as established in the contract The State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices established in the contract and the schedule of services required, as set by the state. The State may exercise the option by providing a fully executed option to the contractor, in a form substantially equivalent to Exhibit D, immediately upon signature of the State Controller or his delegate. Performance of the service shall continue at the same rate and under the same terms as established in the contract. R. This Contract is not intended to supercede or affect in any way any other agreement (if any) that is currently in effect between the State and the County for other "maintenance services" on State Highway rights-of-way within the jurisdiction of the County. Also, the County shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the County is required by applicable law to perform. S. The Contractor may subcontract for any part of the performance required under this Contract, subject to the Contractor first obtaining approval from the State for any particular subcontractor. The State understands that the County may intend to perform some or all of the services required under this Contract through a County Weed Control District. The Contractor 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. SAMPLE BILATERAL CHANGE ORDER LETTER Exhibit C Date: State Fiscal Year: Bilateral Change Order Letter No. In accordance with Paragraph of contract routing number , [ your agency code here ] __ between the State of Colorado Department of or Higher Ed Institution [ your agency name here ] ( division) and [ Contractor's Name Here ] covering the period of [ July 1, 20 through June 30, 20 ] the undersigned agree that the supplies/services affected by this change lette""~r are modified as follows: Services/Supplies Exhibit __, Schedule of Equipment for Maintenance or Schedule of Delivery, is amended by adding , serial numbers and Price/Cost The maximum amount payable by the State for [service] [supply] ~ ~ in Paragraph is (increased/decreased) by ($ amount of change) to a new totat o~ ~:~ ) based on the unit pricing sche-~d-6~'in Exhibit . The first sentence in Paragraph ' is hereby modified accordingly; The total contract value to include all previous amendments, change orders, etc. is [ $ ]. OR The parties agree that the changes made herein are "no cost" changes and shall not be the basis for claims for adjustment to [price] [cost ceiling], delivery schedule, or other terms or conditions of the contract. The parties waive and release each other from any claims or demands for adjustment to the contract, including but not limited to price, cost, and schedule, whether based on costs of changed work or direct or indirect impacts on unchanged work. Controller approval of this "no cost" change is not required, contractor initials. Agency initials. ~Include this sentence: This change to the contract is intended to be effective as of , or on approval y thc State Controller, whichever is later. ] Please sign, date, and return all copies of this letter on or before 20 APPROVALS: Contractor Name: State of Colorado: Bill Owens, Governor By: By: Date: Name For the Executive Director/College President Title Colorado Department of or Higher Ed Institution ........ ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until thc contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not bc obligated to pay for goods and/or services provided. State Controller, Arthur L. Barnhart By: Date: SAMPLE OPTION LETI'ER Exhibit D Exhibit C - Page 1 of 1 ~ Date: State Fiscal Year: Option Letter No. SUBJECT: [Amount of goods/Level of service change] In accordance with Paragraph(s) of contract routing number , [ your Agency code here ], between the State of Colorado Department of or Higher Ed Institution [ your agency name here ], [ division], and [Add Contractor's name here] covering the period of [ July 1, 20__ through June 30, 20 , ] the state herby exercises the option for [an additional one year's performance period at the (cost) (price) specified in Paragraph .] and/or [increase/decrease the amount of goods/services at the same rate(s) as specified in Paragraph/Schedule/Exhibit .] The amount of funds available and encumbered in this contract is [increased/decreased ] by [$ amount of change] to a new total funds available of [ $ ] to satisfy services/goods ordered under the contract for the current fiscal year [ FY 0 ]. The first sentence in Paragraph is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is [ $ ]. APPROVALS: State of Colorado: Bill Owens, Governor By: Date: [Executive Director/College President ] Colorado Department of or Higher Ed Institution Al J, CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Arthur L. Barnhart By: Date: Exhibit D - Page 1 of 1 ~/ Sincerely, FOR THE ATTORNEY GENERAL TRACY L. KINSELLA Assistant Attorney General Transportation Unit Litigation Section (303) 866-5129 (~__~..~_~ ~ ACKNOWLEDGEMENT AND ACCEPTANCE c--,. I, ~~'~~ ,as an authorizgd~cer, agent or attorney in fact for '~'~lor4 (_~ ~...,~ , have reviewed the/a~6~_e letter and/6is~_ssed it with the appropriate personsJ I am hereby authorized to~ontracfi/c!~l~s as set forth therein.