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HomeMy WebLinkAboutC03-053 CDOT• • NOXIOUS WEED MAINTENANCE CONTRACT 02 HA3 00076 EAGLE COUNTY CM5 # 02-257 CDOT, R-3 (MAA) CONTRACT ` (~ `day of THIS NOXIOUS WEED MAINTENANCE CONTRACT, made this ~ ~-t c,-~. , 20(~, by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State or CDOT, and EAGLE COUNTY, STATE OF COLORADO, by and through its Board of County Commissioners, P.O. Box 239, 500 Broadway, Eagle, CO 81631, FEIN: 846000762J, 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. 1920 1N, (Contract encumbrance amount $20,000.00); 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 onstatehighwayrights-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 highwayrights-of--way) located within the County, using the methods prescribed by the County; 1 .• • 5. Section 35-5.5-105 requires the Boazd of County Commissioners of the County ("the Boazd") to adopt a noxious weed management plan for the County, and authorizes the Boazd 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 Boazd 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 aze 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 aze 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 35-5.5-110 (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 aze 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 2 ~ • maybe further described in the roadside vegetation management section of the State's then current "Manual of Maintenance Procedures - 1997", 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 some or all noxious weeds on the full width of all segments of State Highway rights-of--way that are located within the jurisdiction of Eagle 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 roadside vegetation management 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 roadside vegetation management 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 and the Contractor thru mutual agreement shall 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 of receiving actual or constructive notice of such deficiency: a) from the State; b) from its own observation; or c) 3 by any other means. In the event the Contractor, for any reason, does not or cannot correct the deficiency 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. 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 $20,000.00 (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 4 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 subj ect 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 sea•' 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. 5 ~~ M ~ ~ O. The Contractor represents and warrants that it has taken all actions that aze necessary or that aze 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 Pazagraph 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 upon mutual agreement with the Contractor 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 upon mutual agreement with the Contractor 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 6 ~ ~ • • 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 supersede 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 Highwayrights-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. 7 • T. "SPECIAL PROVISIONS". The following provisions are required by State Fiscal Rules to be included in all State Contracts: ` ' (For Use Only 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 2430-202 (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 2410-101 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 MOMES 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 OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IlVIPLIED, TO BIND THE 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 REQUIItED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRINIINATION. 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 8 • CONTRACTOR: EAGLE COUNTY Legal Name of Contracting Entity 846000762 FEIN BY AND THROUG ITS BO OF COUNTY S ONE By: Signature of Au onzed O Michael L. Gallagher, Chairman Print Name & Title of Authorized Officer CORPORATIONS: (A corporate seal or attestation is required. Attest (Seal) Teak Simonton O~ ~GdE c`°~ V w ~* _ _o .~ STATE OF COLORADO: BILL OWENS GOVERNOR By For Ex utive hector Department of Transportation LEGAL REVIEW: KENSALAZAR ATTORNEY GENERAL By ~ , `, 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 may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER ARTHUR L. BARNHART By Date ~' `f'~c~- ,.~ rte, ~~(~~ Revised: 12/1/01 9 - 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 Eagle County. For the amount of $20,000 on the following highways: US 6, US 24, Colo. 131 and I-70. A spray log with highway locations, estimated acres treated and target pest controlled will be supplied with all invoices. EXHIBIT t1 ~v ..Mar-1J-2003 06:27am From-EAGLE COUN~TTORNEY OFFICE Mazch 10, 2003 (1:44PM) 9703268699 T-217 P.002/005 F-313 AGENDA BOARD OF COUNTY COMIVIISSiONERS REGULAR MEETING DAY FEBRUARY 25, 2003 * * Ye Yt to * 1C # * de 4 Ye 9e * at 1e * * # ie 9r 7F M * at * Y * # # +t 7k wr ~- * 9t x * 10:00 -'11:00 TELEPHONE INTERVIEWS FOR BASALT BOCC Conference Room REGIONAL LIBRARY DISTRICT BOARD 1~:0o ON THE RECORD Eagle County Room PLEDGE OF ALLEGIANCE 1, CONSENT AGENDA Items or a routin® and mncontrvversialneture are placed on the consent egenaa to allow tho Board of County Commissioners to spend its time and energy on more important items on a lengthy agentla. Any Commissio»er may ~equast that an hem be "REMOVED" from the oonsant agenda antl conslderad separately. Any member arthe public may "REQUEST° eny item be °REMOVED° from the consent agenda. A. APPROVAL OF BILL PAYING FOR THE WEEKS OF FEBRUARY 24 AND MARGH 3, 2003 (SUBJECT TO REVIEW BY THE COUNTY ADMINISTRATOR) Mike Roeper, Finance Department B. APPROVAL OF THE PAYROLL FOR MARCH 6, 2003 (SUBJECT TO REVIEW BY THE COUNTY ADMINISTRATOR) Mike Rveper, Finance Depariment C. APPROVAL OF THE MINUTES OF THE EAGLE BOARD OF COUNTY COMMISSIONERS MEETING FOR FEBRUARY 4, 2003 Teak Simonton, County Clerk and Recorder EXHIBIT B, Page ~ of 3 v ,Mar-1.1-2003 06:27am From-EAGLE COUN~TTORNEY OFFICE 9703266699 ~ T-217 P.003/005 F-313 D. NOXIOUS WEED MAINTENANCE AGREEMENT Brad iriiggins, Road & Bridge/Weed & Pest E,, BID AWARD (1) 2003 TRAILER MOUNTED CULVERT CLEANER, BOYLE EQUIPMENT COMPANY, 625 E. 70TH AVENUE, UNIT 6, DENVER, CO 80229 (LOW BID) Srad Biggins, Road & Bridge F° CONTRACT FOR REPLACEMENT OF CAR WASH SYSTEM Rich Cunningham, Facilities Management G. SIEMENS AGREEMENT AND STATEMENT OF WORK County Attorney's Office Representative H. RESOLUTION NOTIFYING THE STATE TREASURER TO DISTRIBUTE FEDERAL MINERAL LEASING FUNDS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 34-63-102., C.R.S. County Attorney's Office Representative 1. RESOLUTION FOR ADOPTION OF AN INVESTMENT POLICY County Attorney's Office Representative ~. RESOLUTION TRANSFERRING AND DISTRIBUTING REVENUES FROM THE COUNTY FOREST RESERVE FUND, FISCAL. YEAR 2002 County Attorney°s Office Representative 2. PLAT AND RESOLUTION SIGNING Cliff Simonton, Cvmmuzury Development 3. 11:15 -12:00 EAGLE COUNTY LIC#UOR LICENSE CONSENT AGENDA OTHER LIQUOR A. ST. CLARE OF ASSISI Earlene Roach, Clerk & Recorder's Office E~~II~IT B, Page Z of 3 MAR-il-03 08:25 FROM:EAGLE COUNTY CLERK EAGLE ID:970326e716 ~ ,' PUBLIC HEARIN G , FEBRUARX 25, 2003 Present: Michael Gallagher Chairman Arn Meztconi Cvmzz~uissioner Tom Stone Commissioner Diane Mauriello County Attozney Jack bagstad County Administrator Earlene Roach Deputy Clerk to the Board PAGE 1/4 J S ~ ~ ,ci C.I''C7 ~ 30~ - ~5~- q~~ ~ ,~, <1~p!p!.YY~~~SS. .u '.o ~ ' ; This being a scheduled Public Hearing the foIlowizzg items were presented to the Board of County Commissioners for their consideration: Coc~seat ,A,genda Chairman Gallagher stated the fast matter before the Commissioners vas the Consent Agenda as follows: A) Approval of bill paying for the weeks of February 24, 2003 and March 3, 2003, subject to revitew by County Administratar B) Approval of the payroll for March 6, 2003, subject to approval by County Administrator G) Approval of the minutes of the Board of County Commissioners meeting for February 4, 2003 D) Noxious Weed Maintenance Agreement E) Bid ,A,wazd for (1) 2003 Trailer.Vlounted Culvert Cleaner, Boyle Equipment Company, 625 E. 70~' Ave, #6, Denver, CO F) Contract for replacerzaent of Car Wash System G) Siemens Agreement and Statement of Wvrk H) Resolution 2003-027, notifying the State Treasurer to distribute Federal Mineral Leasing Funds in accordance with the provisions of Section 34-63-102, GRS 17 Resolution 2003-OZ8, adoption of an investment policy J) ResoXut~ion 2003-029, transferring and distributing revenues from the County Forest Reserve kliz~d, Fiscal Year 2002. Chairman Gallagher asked the Attorney's Office if there were any changes to the Consent Agenda. Diazxe Mauriello, County Attorney, stated Item G, the SieAaens Agreement, needs to be pulled and heard Inter in the day. Chairman Gallagher questioned item F, the Car Wash System. He asked if they weze talking about removing the existing floor and replaciuag it with 6 inches of concrete. He questioned the current draiuaage_ Rich Cunningham, Director of Facilities Management, explained the current drainaDe problems and how it can be fixed. He stated the existing floor is flat and the problem is that the water runs out of the facility rather than going dog the drain. He stated putting in a properly sloping floor will keep the water from ruzuaizrg out of the building and freezing and it will drain the water immediately so there is no humidity problem Clraizrnan Gallagher asked if it was built to specifications clad xf they could recoup some of the costs. Mr_ Cunningham stated they would most Iikely not be ale to recoup any monies because they are past the warranty period. Chairman Gallagher questioned the relocation of the Petrov M control for a cyst of $5,000.00. 1 02-25-2003 ~:~~I~IT ~, Page 3 of,_3 0 ~ . i SAMP BILATERAL CHANGE ORDER L~ER exhibit C ~~ Date: State Fiscal Year: Bilateral Change Order Letter No. In accordance with Paragraph of contract routing number , [your agency code here ] , between the State of Colorado Department of or Higher Ed Institution [your agency name here ] ( division) and [ Contractor's Name Here ] covering the period of [ July 1, 20 through June 30, 20 ]the undersigned agree that the supplies/services affected by this change letter are modified as follows: Services/Supplies Exhibit ,Schedule of Equipment for Maintenance or Schedule of Delivery, is amended by adding serial numbers and Price/Cost The maximum amount payable by the State for (service] [supplyl ~ Pazagraph is (increased/decreased) by (~ amount of change) to a new total of ($ ) 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 uutials. [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: By: _ Name Title State of Colorado: Bill Owens, Governor By: Date: For the 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 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: i '^ a i • SAMPLE OPTION LETTER ~ ~ Ezhibit 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 , ]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/5chedule/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 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: JE~~-II~I'Y' I~, pa~~ l of ~