HomeMy WebLinkAbout851301.tiff RESOLUTION
RE: APPROVAL OF IMPACT ASSISTANCE CONTRACT BETWEEN WELD COUNTY
AND COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZATION
FOR CHAIRMAN TO SIGN
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, pursuant to 39-29-101 to 114 , and 34-63-101 and 102 ,
CRS , as amended, Impact Assistance Funds were created, which are
to be administered by the Department of Local Affairs , and
WHEREAS , a contract for Impact Assistance Funds between Weld
County, Colorado, and the Colorado Department of Local Affairs has
been presented to the Board, and
WHEREAS, after study and review, the Board deems it advisable
to approve said contract, a copy being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the contract for
Impact Assistance Funds between Weld County and the Colorado
Department of Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
February, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: Je fr"J WELD COUNTY, COLORADO
Weld County Jerk and Recorder
and Clerk to the Board J. ' ue a Joh&N.,,,„„
an
I)
BYE :1�?c -nccei E__4(. --7c, ./ ene R. Brantn�-Tem
Deputy County Clek
APPROVED AS TO FORM: C.W. K r
G c
/
County Attorney C:797
Frank a guc i
S" ,. 851301
•• Inert.6-AC-92A DEPARTMENT mg AGENCY NUMBER
.32000c
• CONTRACT ROUTING NUMBER
EIAF # 1138 ,'S--32 /
CONTRACT
THIS CONTRACT, sonde this day of 19 8 S by and between the
State of Colorado for the use and benefit of the Department of " Local Affairs
hereinafter referred to as the State, and .a Wel d County
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and othenyise made
available and a sufficient_unencumbered balance thereof remains a able for payment in Fund Number/OO/
Gil. Account Number Ste, Contract Encumbrance Numbe •and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies:and
WHEREAS, " the State desires to assist state agencies , school
districts , local governments and political subdivisions of the State
that are experiencing social 'and economic impacts resulting from the
development of energy resource industries in Colorado; and
WHEREAS, pursuant to 39-29-101 to 114 , and 34-63-101 and 102 ,
C.R .S. , 1973, as amended, Impact Assistance Funds are created, which
are to be administered by the Department of Local Affairs; and
WHEREAS, applications for distributions from the Local Government
Severance Tax Fund and the Mineral Impact Fund have been received by
the Department of Local Affairs; and
WHEREAS, the Executive Director desires to distribute said funds-
pursuant to law; and
WHEREAS, the Contractor is an eligible political subdivision to
receive energy impact assistance ;
NOW THEREFORE it is hereby agreed that:
1 . Area Covered . The Contractor shall perform and accomplish
all the necessary work and services provided under this Contract ,
as described in the attached Exhibit A, which is incorporated herein
and made part of this Contract by reference, in connection with and
respecting the following area or areas: Weld County
2. Scope of Services. In consideration for the monies to be
received from the State , the Contractor shall do , perform, and carry
out, in a satisfactory and proper manner, as determined by the State ,
all work elements as indicated in the "Scope of Services" , set forth
in the attached Exhibit A, hereinafter referred to as the "Project" .
Work performed prior to the execution of this Contract shall not be
considered part of this Project.
3. Responsible Administrator. The performance of the services
required hereunder shall be under the direct supervision of
Donald Warden , an employee or agent of Contractor ,
who is hereby designated as the administrator-in-charge of this
Project . At any time the administrator-in-charge is not assigned
to this Project , all work shall be suspended until the Contractor
assigns a mutually acceptable replacement administrator-in-charge
and the State receives notification of such replacement assignment .
4. Time of Performance. This Contract shall become effective
upon proper execution of this Contract . The Project contemplated
herein shall commence as soon as practicable after the execution of
this Contract and shall be undertaken and performed in the sequence
set forth in the "Time of Performance" in the attached Exhibit A.
Expenses incurred by the Contractor in association with said Project
prior to execution of this Contract shall not be eligible expendi-
tures. The Contractor agrees that time is of the essence in the
Page 1 of?pages
a(See instructions on mane or last page) Revised 2/83
•
performance of its obligations under this Contract , and that
completion of the Project shall occur no later than the termination
date set forth in the Time of Performance.
5 . Compensation and Method of Payment. The State agrees to pay
to the Contractor , in consideration for the work and services to be
performed, a total amount not to exceed Onp Hundred Fifty Thousand
Dollars (S150.000.00 ) •
The method and time of payment shall be made in accordance with the
"Payment Schedule" set forth in Exhibit A.
6 . Accounting . At all times from the effective date of this
Contract until completion of this Project , the Contractor shall main-
tain properly segregated books of State funds , matching funds , and
other funds associated with this Project. All receipts and expendi-
tures associated with said Project shill be documented in a detailed
and specific manner, and shall accord with the "Budget" set forth in
Exhibit A. Contractor ' may adjust budgeted expenditure amounts up to
ten percent (10%) within said Budget without approval of the State .
Adjustments of budget expenditure amounts in excess of ten percent
( 10%) must be authorized by the State in an amendment to this Con-
tract properly executed and approved pursuant to the State Fiscal
Rules. In no event shall the State' s total consideration exceed the
amount shown in Paragraph 5 above.
a. Unless otherwise provided in this Contract, if
Exhibit A provides for more than one payment by
the State, the initial payment set forth in the
Payment Schedule shall be made as soon as practi-
cable after proper execution of this Contract . The
Contractor shall initiate all subsequent payment
requests by submitting documented proof of proper
expenditure of State funds thus far received to a
contract monitor designated by the State.
b. The Contractor shall request the final payment , which
is the amount withheld by the State until the Project
is complete, for the Project by submitting to the
contract monitor a detailed cost accounting of all
State funds received and expended towards completion
of the Project. Upon determining to its satisfaction
that all funds received by the Contractor have been
properly spent towards accomplishment of the Project ,
the State shall promptly make final payment to the
Contractor.
c. Within ninety (90) days of completion of the Project ,
the Contractor shall submit to the contract monitor a
detailed cost accounting of expenditures of the final
payment received from the State. Any State funds not
expended in connection with the Project shall be
remitted to the State at that time.
7 . Audit. The State or its authorized representative shall have
the right to inspect , examine, and audit Contractor' s records, books
and accounts, including the right to hire an independent Certified
Public Accountant of the State' s choosing and at the State' s expense
to do so. Such discretionary audit may be called for at any time and
for any reason from the effective date of this Contract until five
(5) years after the date final payment for this Project is received
by the Contractor , provided that the audit is performed at a time
convenient to the Contractor and during regular business hours .
thether or not the State calls for a discretionary audit as provided
for in this paragraph, if the Project is accomplished within a single
fiscal year of the Contractor , the Contractor shall , at the conclu-
sion of the Project , and in addition to any other reports required ,
submit a report and auditor ' s statement of the Project account to the
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Page 2 of 7 pages
•
Office of Impact Assistance in the Department of Local Affairs. Such
report shall be prepared in conjunction with Contractor ' s regular
yearly audit , and must be submitted within six (6) months after the
close of the then current Contractor' s fiscal year.
8 . Personnel . The Contractor represents that he has , or will
secure at his own expense, unless otherwise stated in Exhibit A,
all personnel, as employees of the Contractor, necessary to perform .
the work and services required to be performed by the Contractor
under this Contract. Such personnel may 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 per-
form such services.
9 . Termination of Contract for Cause . If , through any cause ,
the Contractor shall fail to fulfill in a timely and proper manner
his obligations under this Contract , or if the Contractor 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 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 satis-
factory 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.
10 . Termination for Convenience of State . The State may termi-
nate this Contract at any time the State determines that the purposes
of the distribution of State monies 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 Contractor and specifying the effective date thereof, at least
twenty ( 20) days before the effective date of such termination. In
that event , all finished or unfinished documents and other materials
as described in Paragraph 9 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 covered by
this Contract , less payments of compensation previously made: Pro-
vided , however , that if less than sixty percent (60%) 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 attri-
butable to the uncompleted portion of the services covered by this
Contract . If this Contract is terminated due to the fault of the
Contractor, Paragraph 9 hereof relative to termination shall apply.
11 . Chanoes . The State may, from time to time, require changes
in the scope of services of the Contract to be performed hereunder .
However , this Contract is intended as the complete integration of all
understandings between the parties, at this time, and no prior or
contemporaneous addition , deletion, or other amendment hereto shall
•
Page 3 of 7 pages
have any force or effect , whatsoever, unless embodied in a written
contract amauam_nt incorporating SULh cho iye , inclu, iIiy any iIICr eU e
-- -or decrease in the amount of monies to be paid to the Contractor ,
executed and approved pursuant to the State ' s Fiscal Rules .
12 . Reports . At least two ( 2 ) copies of all reports prepared as
a result of the Project will be submitted to the Office of Impact
Assistance in the Department of Local Affairs within two ( 2 ) weeks of
completion of such reports .
13 . Indemnification . Contractor , in consideration for State ' s
promises herein set forth , promises to indemnify, save and hold harm-
less and defend State, and all of its employees and agents , acting
officially or otherwise , from any and all liability, claims , demands ,
actions , debts and attorney fees arising out of , claimed on account
of , or in any manner predicated upon loss or damage to the property
of and injuries to, or death of all persons whatsoever , which may
occur , or_ is sustained in connection with the performance of this
Contract , or by conditions created thereby, or based upon any viola-
tion of any statute , ordinance , or regulation , and the defense of any
such claims or actions .
14 . Employment Referrals . The Contractor shall accept and require
that all subcontractors accept , from either the Job Training
Partnership Act Service Delivery Area employment and training agency
or the Job Service Center in the area, referrals as candidates for
filling vacant job positions supported by or created as a result of
funds provided by the State under this contract .
15 . Conflict of Interest .
a . No employee of the Contrctor shall perform or
provide part -time services for compensation ,
monetary or otherwise , to a consultant or con-
sultant firm that has been retained by the
Contractor under the authority of this Contract .
b. The Contractor agrees that no person at any time
exercising any function or responsibility in
connection with this Project on behalf of the
Contractor shall have or acquire any personal
financial or economic interest , direct or indirect ,
which will be materially affected by this Contract ,
except to the extent that he may receive compensa-
tion for his performance pursuant to this Contract .
c . A personal financial or economic interest includes ,
but is not limited to:
i ) any business entity in which the person has
a direct or indirect monetary interest ;
ii ) any real property in which the person has a
direct or indirect monetary interest ;
iii ) any source of income, loans , or gifts received
by or promised to the person within twelve (12)
months prior to the execution date of this
Contract ;
iv ) any business entity in which the person is a
director , officer , general or limited partner,
trustee , employee, or holds any position of
management .
For purposes of this subsection , indirect investment or interest
means any investment or interest owned by the spouse , parent ,
brother, sister, son , daughter, father-in-law , mother-in-law , brother-
in-law, sister-in-law, son-in-law , or daughter- in- law of the person ,
by an agent on his/her behalf , by a general , limited , or silent part-
ner of the person , by any business entity controlled by said person ,
or by a trust in which he/she has substantial interest . A business
entity is controlled by a person if that person , his/her agent , or a
relative as defined above possesses more than fifty percent ( 50%) of
Page 4 of 7 pages
the ownership interest . Said person has a substantial economic
interest in a trust when the person or an above-defined relative has
a present cr future interest worth 4,ur .: than Cnc r us ;,rd Du it ars
(S1 ,000 :00) .
d . In the event a conflict of interest , as described
in this Paragraph 16 , cannot be avoided without
frustrating the purposes of this Contract , the
person involved in such a conflict of interest
shall submit to the Contractor and the State a
full disclosure statement setting forth the details
of such conflict of interest . In cases of extreme
and unacceptable conflicts of interest , as deter-
mined by the State , the State reserves the right
to terminate the Contract for cause, as provided
in Paragraph 9 above . Failure to file a disclosure
statement required by this Paragraph 15 shall con-
stitute grounds for termination of this Contract
for cause by the State .
16 . Compliance with Applicable Laws . At all times during the
performance of this Contract , the Contractor shall strictly adhere to
all applicable federal and State laws that have been or may hereafter
be established .
17 . 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 invalid-
ity or failure shall not affect the validity of any other term or
provision hereof . The waiver of any breach of a term hereof shall
not be construed as waiver of any other term.
18. Binding on Successors . Except as herein otherwise provided ,
this agreement shall inure to the benefit of and be binding upon the
parties , or any subcontractors hereto , and their respective successors
and assigns .
19 . Assignment . Neither party, nor any subcontractors hereto ,
may assign its rights or duties under this Contract without the prior
written consent of the other party.
20 . '_ imitation to Particular Funds . The parties hereto expressly
recognize that the Contractor is to be paid , reimbursed, or otherwise
compensated with funds provided to the State for the purpose of con-
tracting for the services provided for herein , and therefore , the
Contractor expressly understands and agrees that all its rights ,
demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the State . In the event
that such funds or any part thereof are not received by the State ,
the State may immediately terminate this Contract .
21 . Minority Business Enterprise Participation . It is the policy
of the State of Colorado that minority business enterprises shall have
the maximum practicable opportunity to participate in the performance
of its construction grant contracts . The Contractor agrees to use its
best efforts to carry out this policy to the fullest extent practi -
cable and consistent with the efficient performance of this Contract .
As used in this Contract , the term "minority business enterprise"
means a business , at least 50 percent ( 50%) of which is owned by
minority group members or , in the case of publicly owned businesses ,
at least 51 percent (51%) of the stock of which is owned by minority
group members . For the purposes of this definition , minority group
members are Negroes or Black Americans , Spanish-speaking Americans ,
Asian Americans , American Indians , American Eskimos and American
Aleuts . The Contractor may rely on written representations by
bidders , contractors , and subcontractors regarding their status as
minority business enterprises and need not conduct an independent
investigation .
• Page 5 of 7 pages
'SPECIAL PR0VISI06 �-
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until It shall have been approved by the Controller of
the State of Colorado or such assistants as he may designate. This provision Is applicable to any con-
tract involving 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 appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3, If this contract Involves the payment of more than $50,000.00 for the construction, erection,
repair, maintenance, or Improvements 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 in this contract, duly execute and deliver to and file with the official whose signature appears
below for the State, a good and sufficient bond or other acceptable surety to be approved by said offi-
cial in a penal sum not 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 subcontractors
fail to duly pay for any labor, materials, team hire, sustenance, provisions, provendor 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 facor of the contractor arising under this contract shall be audited,
allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of
the State of Colorado may be accepted In lieu of a bond.
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 shall be not less that the prevailing rate of wages for work of a similar na-
ture 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 B-16-101,
CRS 1973, as amended. Notwithstanding special provision four, when the contractor Is not the "state",
and the buildings Involved are not state buildings, nothing in this contract requires the contractor to
comply with the prevailing wage law asset forth In C.R.S. 1973, 6-16-101.
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 prac-
tices (24-34-402. CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Af-
firmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in
all State contracts or subcontracts.
During the performance of this contract, the contractor agrees as follows:
(1) 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 hand-
icap, 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 actions shall Include, but not be limited to the following: employment, upgrading, demotion, or
transfer, recruitment or recruitment 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 for employment, mottoes 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 be-
half 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 con-
tracting officer, advising the labor union or workers' representative of the contractor's commitment un-
der the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules
and regulations and relevant Orders of the Governor,
(4) The contractor and labor unions wilt furnish all Information and reports required by Executive
Page 6 of 7 Pages
Order, Equal Opportunity end Afftrmatl. Action of April 16, 1975, and by the n. a, regulations end Or-
-den of the Governor, or pursuant thereto, end will permit access to his books, and accounts by the ton-
trecting agency and the office of the Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations end orders.
(5) 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 organiza-
tion 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 members thereof will not old, abet, Incite, compel or
coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any per-
son from complying with the provisions of this contract or any order issued thereunder: or attempt, ei-
ther directly or Indirectly, to commit any act defined in this contract to be discriminatory.
(7) In the event of the contractor's non-compliance with the non-discrimination clause of this con-
tract 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 Opportu-
nity end Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated In accor-
dance therewith, or as otherwise provided by law. •
(8) The contractor will Include the provisions of paragraph (1) through (6) in every sub-contract
• and sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Ex-
ecutive 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 pro-
visions, Including sanctions for non-compliance: provided, however, that In the event the contractor be-
comes 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 shalt be ap-
plied 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 persons 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 ne-
gate 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.
B. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt
Influences) and 18-8-101, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no viola-
tion 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
• • \_ \y qr--- RICHARD D. LAS, GOWER
oirmal L'cord of aunty Commissioners By i r/ y�
-�{•- �// r>/ti • Moroan Smith
ATTEST: QUt/1 i�tOL. / DE TRENT
i
OF ( / Local Affairs
WELD in:'"`{ c_Frx AND RECORDER l/
, HD a t
HE GARD
B 17Lcg1
rkpoi Cou.1:-y Cork
APPROVALS
ATTORNEY GENERAL �UANEOODARD CONTR LE , 4 .• 1e0
By By
If, �.010tOst tto May Gwen al
Legal ervi es
Page 7 of 7 Pages
EXHIBIT A
Scope of Services and Payment Schedule
EIAF #1138 EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
WELD COUNTY
1 . Scope of Services
This project consists of the development of a pavement management program
for heavy haul routes including those routes serving the oil and gas
industry in Weld County. As part of the development of the pavement
management program this project will analyze approximately 300 miles of
paved roads. The analysis will include the following:
A. Identification of current pavement operational characteristics.
B. Identification of present pavement conditions by non-destructive
deflection testing, pavement roughness analysis, surface condition
ratings and pavement core analysis.
C. Analyze the data collected and provide indexes for each pavement
section of structural adequacy, riding comfort, surface deficiencies,
and overall pavement quality.
D. Identification of rehabilitation needs.
E. Analyze rehabilitation alternatives.
F. Prepare a priority program showing recommended rehabilitation
alternatives with respect to budget forecasts.
In addition to the analysis stated above, the project will provide the
following:
i . an objective method of prioritizing rehabilitation needs
ii. a determination of maintenance priorities
iii. a determination of maintenance requirements
iv. a determination of a heavy haul routes selection process.
v. a designation of heavy haul routes
An Advisory Committee with representation from the oil and gas industry
will be used by the Weld County Road and Bridge Advisory Committee and the
Weld County Board of Commissioners to develop recommendations as to which
county roads should be analyzed under this contract, particularly heavy
haul routes.
Weld County shall use a formal public competitive bid process with the
County being obligated to award the bid to the lowest responsible bidder
meeting the County's project specifications.
The contribution from Impact Assistance shall not exceed $150,000 and is
contingent upon Weld County providing $50,000 cash match.
One copy of the final project report must be submitted to the Department of
Local Affairs before the conclusion of this contract.
Copies of any and all contracts entered into by the contractor in order to
accomplish this project will be submitted to the Department of Local
Affairs, Office of Impact Assistance, upon execution, and any and all
contracts entered into by the contractor or any of its subcontractors shall
comply with all applicable Federal and Colorado State laws and shall be
governed by the laws of the State of Colorado notwithstanding provisions
therein to the contrary.
2. Time of Performance
The project will commence upon the execution of this contract and will
terminate on or before March 31 , 1986.
3. Budget
REVENUE EXPENDITURES
Impact Assistance Funds $150,000 Paved Road Analysis $200,000
Weld County 50,000
Total $200,000 Total $200,000
Page 1 of 2 pages
•
4. Payment Schedule
A. $ 20,000 Initial payment to be made within thirty (30) days of
the date of execution of this contract.
B. $122,500 Approximately two (2) interim payments based upon
properly documented financial and narrative status
reports detailing expenditures to date.
C. 7,500 Final payment to be made upon completion of the
project. The contractor will submit a final financial
and narrative report documenting the expenditure of
all Impact Assistance Funds for which payment has been
requested.
$150,000 TOTAL
All requests for payment after the first payment will be initiated by
the contractor in accordance with the provisions in paragraph 6 of the
main body of this contract.
5. Contract Monitoring
The Department of Local Affairs will monitor this project on an as
needed basis.
6. Reporting Schedule
The contractor will submit financial and narrative status reports
detailing project progress and properly documenting all to date
expenditures of Impact Assistance funds at the time payment requests are
made, in accordance with the payment schedule.
Page 2 of 2 pages
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STATE OF COLORADO
Department of Local Affairs of cow
DIVISION OF LOCAL GOVERNMENT .x� ;
Pat Ratliff, Director
476.
Richard D. Lamm
Governor
TO: Don Warden, Finance Director
FROM: Donald E. Sandoval , Field Representative Cdr
SUBJECT: Impact Assistance Contract #1138
DATE: February 12, 1985
Enclosed are four (4) copies of the contract for the pavement management
project. Please have the Chairman sign all four (4) copies on page 7 of
7. It should be signed in the space marked Contractor. Please do not
mark the contract any other place. Send all four (4) copies to:
Mindy Gewuerz
Office of Impact Assistance
1313 Sherman St. , Rm. 523
Denver, CO 80203
If you have any questions please contact me at my office.
Enclosures
1313 Sherman Street, Room 520, Denver, Colorado 80203 (303) 866-2156
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