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RESOLUTION
RE: AUTHORIZATION OF CONTRACT WITH THE STATE OF COLORADO
REGARDING H. B. 1041 SUPPLEMENTAL FUNDS , ST. VRAIN RIVER
PROJECT.
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, a contract has been submitted by and between the
State of Colorado for the use and benefit of the Department of
Local Affairs, and Weld County, Colorado as the contractor, for
certain services to be provided under the contract in connection
with the St. Vrain River Project, all within Weld County, a copy
of which contract is attached hereto and incorporated by reference
at this point, and
WHEREAS, the Board of County Commissioners has determined
that it would be in the best interest of Weld County, Colorado to
authorize the Chairman of the Board of County Commissioners of
Weld County, Colorado to sign said contract for and on behalf of
Weld County, Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Chairman of the Board
of County Commissioners of Weld County, Colorado be, and hereby
is directed to execute the contract with the State of Colorado
regarding H.B. 1041 Supplemental Funds, for the St. Vrain River
Project, a copy of which contract is attached hereto and incor-
porated by reference at this point.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 13th day of
April, A.D. , 1977 .
The above and foregoing Resolution was read into the record
and signed on the 20thday of April, A.D. , 1977 .
till () 5
ATTEST: `Lv`^'• Z \ BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
Weld County Clerk and Recorder 1df�L79Z i
and Clerk to the Boa % � 1. _
\8y: /) it -c.l_ ( l,/' ri
etputy County erk f, A --
1 i /y
A OOVED AS °RM:
County Attorney � '
Pk. Ey7
°orm 6-AC-02.1 UE1 AR I MINT OR Aril NUMBER
32 00 00
CONTRACT ROUTING NUM3ER
77— /5�
•
CONTRACT
THIS CONTRACT, made this 13th day of April 1972, by and between the
State of Colorado for the use and benefit of the Department of •1 Local Affairs,
hereinafter referred to as the State, and "2_ _ VeJd._Count y
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Lap' and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains av ilable fo payment in Fund Number 1001
G/L Account Number 53117 , Contract Encumbrance NumberCtS6 35 : and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS, .3 funds for Land Use Supplemental Planning have been appropriated
to the Department of Local Affairs in House Bill 1266 (1976) contingent upon
being matched by local government funds or new in—kind effort of equal amount,
and
WHEREAS, the Department of Local Affairs now desires to distribute these
funds to various units of local governments who have applied for these funds
and who can provide the required matching funds.
•
NOW THEREFORE, it is hereby agreed that
I. •4 Area Covered. The Contractor shall perform all the necessary
services provided under this. Contract in connection with and respecting the
following area or areas, herein called the "Planning Area": Boulder Creek,
Idaho Creek, and portions of St . Vrain River all within Weld County
(see attachment #1 )
2. Scope of Services. The Contractor shall do, perform, and carry out,
in a satisfactory and proper manner, as determined by the State, all work elements
as indicated on the attached Exhibit A, Work Program and Budget Projections.
3. Time of Performance. The services of the Contract shall commence
as soon as practicable after the execution of this Contract and shall be under-
taken in such sequence as to assure completion of this Contract by 1 year from
above approved date of Cont;ah .
4. Compensation. The State agrees to reimburse the Contractor
one-sixth (1/6) of all eligible project costs up to but not exceeding
Ten Thousand dollars
( 10, 000.) . Such compensation represents the :state's share from Land Use
Supplemental Planning Funds of a total project of
Sixty Thousand dollars
( 60, 000.) , including Ten Thousand
dollars (10, 000.) in matching funds from the
Weld County (age scope of services) , for a total project amount
of Sixty Thousand dollars
( 60, 000).•
Page I of 4 pages
`(See instruc lions on reverse of last page.)
5. Method of Payment. The State shall make such reimbursement to the
Contractor upon approval of expenses by the Area Representative. Such billing
may be filed at any time and shall certify that the Contractor has performed
according to Exhibit A, Scope of Services, Work Program and Budget Projections.
6. Responsible Land Use Administrator. The performance of the
services required hereunder will be under the direct supervision of
Gary Fortner , who is hereby designated as the administrator-in-
charge of this work program. At any time the administrator-in-charge is not
assigned to this project, the Contractor shall immediately notify the State
and work shall be suspended on the project until an administrator-in-charge
has been so assigned who is acceptable to the State.
7. Personnel. The Contractor represents that he has, or will secure
at his own expense, all personnel required in performing the services under this
Contract. Such personnel shall not be employees of or have any contractual
relationship with the State. All of the services required hereunder will be
performed by the Contractor or under his supervision, and all personnel engaged
in the work shall be fully qualified and shall be authorized under State and
local law to perform such services.
8. Termination of Contract for Cause. If, through any cause, the
Contractor shall fail to fulfill in timely and proper manner his obligations under
this Contract, or if the Contractor shall violate any of the covenants, agree-
ments, or stipulations of this Contract, the State shall thereupon have the right
to terminate this Contract by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least five (5) days before
the effective date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and
reports or other material prepared by the Contractor under this Contract shall,
at the option of the State, become its property, and the Contractor shall be
entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Notwithstanding the above, the Contractor 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 Contractor, and the State may withhold any payments
to the Contractor for the purpose of setoff until such time as the exact amount
of damages due the State from the Contractor is determined.
9. Termination for Convenience of State. The State may terminate
this Contract any any time by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least fifteen (15)
days before the effective date of such termination. In that event, all finished
or unfinished documents and other materials as described in Paragraph 8 above shall,
at the option of the State, become its property. If the Contract is terminated
by the State as provided herein, the Contractor will be paid an amount which bears
the same ratio to the total compensation as the services actually performed bear
to the total services of the Contractor .,overed by this Contract, less payments
of compensation previously made: Provided, however, that if less than sixty (60)
percent of the services covered by this Contract have been performed upon the
effective date of such termination, the Contractor shall be reimbursed (in addition
to the above payment) for that portion of the actual out-of-pocket expenses (not
otherwise reimbursed under this Contract) incurred by the Contractor during the
Contract period which are directly attributable to the uncompleted portion of the
services covered by this Contract. if this Contract is terminated due to the fault
of the Contractor, Paragraph 8 hereof relative to termination shall apply.
10. Changes. The State may, from time to time, require changes in the
scope of services of the Contractor to he performed hereunder. Such changes,
including any increase or decrease in the amount of the Contractor's compensation,
which are mutually agreed upon by and between the State and Contractor, shall be
incorporated in written amendments to this Contract.
11. Public Information Hearing. To satisfy the general requirement that
expenditures of public monies be reviewed publicly, an information hearing, covering
Supplemental Fund work program and projected budget shall be held during the twelve
(12) months of the contract period.
12. Reports. One copy of all reports prepared as a result of the project
will be submitted to the Division of Planning, Department of Local Affairs.
Page 2 of 4 pages
�^ Fnm6-AC-n26 SPECIAI. PROVlSlON5
• CONTROLLER'S APPROVAL
• I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract ins olving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that •
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT •
3. If this contract involves the payment of more than ten thousand dollars for the construction,erection, repair,
maintenance, or improvement of any building. road, bridge, viaduct, tunnel, excavation or other public work for
this State. the contractor shall. before entering upon the performance of any such work included Ur this contract,
duly execute and deliver to and file with the official whose signature appears below for the Stale. a good and
sufficient bond to be approved by said official in a penal stun nut less than one-half of the total amount payable
by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned for the
due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcon-
tractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used
or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety
will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of
eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor
of the contractor arising under this contract shall be audited, allowed or paid.
•
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8-16-101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
1973, as amended), and as required by Executive Order. Equal Opportunity and Affirmative Action, dated April 16,
1975.Pursuant thereto, the following provisions sisal!be contained in all State contracts or sub-contracts.
During the performance of this contract, the contractor agrees as follows:
(I) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion,ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment- without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading. demotion, or transfer, recruitment or
recrui Lment advertising.; lay-offs or terminations:rates of pay or other forms of compensation;and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants icr employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race. creed, color, national origin, sex, marital status, religion,ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding. notice to be provided by the contracting officer,
advising the labor union or workers', representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 197.5, and by the rules,regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his hooks. records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(51 A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or mem hers thereof will not aid, abet, incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder:or attempt,either directly or
indirectly, to commit any act defined in this contract to he discriminatory.
3-- .,f 4.
Form;6-AC-02C
' (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
• with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (I) through (8) in every sub-contract and
sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with I8-8-301, et seq., (Bribery and Corrupt Influences)
and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973. as amended,and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge. no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
STATE OF COLORADO
RICIEARO D. LAM M. GOVERNOR
i-
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Gmlraclor ._ - Q t�_ _ • l'XI-( tTlvlf DIRE CT9R.
ne Stei mark �� �
DEPARTMENT
Position airperson,_W.el_d County. OF
Board of Commissioners--
b/Att.om4„,hi„7,4tititz
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,vwt,�LL_' t r t r l r,''"Y
A11i. VALS p T- 77 °f this
AITORNEV GENERAL -__-.— (�' CONTRotttlE ° ' - ar all
°r ' _ by law to
By — By
•
------------
Page__ .__which is the last of-_.4--pages
*See instructions on reverse side.
•
SCOPE OF SERVICES
WORK PROGRAM AND BUDGET PROJECTIONS Weld County St . Vrain River Floodplain Stud:
Scope of Services : Cost
Consulting Engineers: Phase 1
(Kucera & Assoc. , Inc. )
Flying and Photography 425. 00
Monumentation 980. 00
Black and White Contact Prints 225. 00
Index Map for Prints 200. 00
Ground Control Survey E. Field Notes 7, 095 . 00
Penciled manuscript 7, 250. 00
Cross Sections 1, 125. 00
Sub-total 17, 300. 00
Consulting Engineers : Phase 2
Finished mylars 2 ' contours 11 , 900. 00
Continuous tone positive 800. 00
Total 30. 000. 00
Corps of Engineers : Phase 3
Hydrolics , hydrology and studies 30, 000. 00
Total project cost 60, 000. 00
Available Funds - St . Vrain River and Vicinity Floodplain Study
•
Weld County 10, 000. 00
State Supplemental Funds 10, 000. 00
Water Conservation Board 10, 000. 00
Corps of Engineers 30, 000. 00
Total project 60, 000. 00
EXHIBIT A
Page 1 of l pages
Department of Local Affairs - No. 320000 Contract Routing No.
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