HomeMy WebLinkAbout931266.tiff RESOLUTION
RE: APPROVE CONTRACT WITH COLORADO DEPARTMENT OF HEALTH FOR FEASIBILITY STUDY
AND AUTHORIZE CHAIRMAN TO SIGN - 49TH STREET
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, the Board has been presented with a Contract for the feasibility
study on 49th Street between Colorado Department of Health and Weld County Health
Department, with terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, a copy of which is 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 the feasibility study on 49th Street
between Colorado Department of Health and Weld County Health Department 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 13th day of December, A.D. , 1993.
L ,/
///��� I BOARD OF COUNTY COMMISSIONERS
ATTES U 77/ �/ WEL COUNTY, COLORADO
qqpp%l/k' thffloard
Weld £ �..,4�r,Z 9+sv�,.'S72l s.r
Constance
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Chairman
BY: (Ltte, 14( Led/
Deputy Cler to the Board W. ���III bster, Pro em
APPROVED AS TO FORM: �`�'
Geo ger Baxt r �
County Attorney a e K. Hall
tit 1 1,, ri
arbara J. Kirkme4 r
931266
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DEPARTMENT OR AGENCY NAME
HEALTH
DEPARTMENT OR AGENCY NUMBER
260000
ROUTING NUMBER
94-0784
CONTRACT
THIS CONTRACT, Made this 1st day of December 1993 by and between the
State of Colorado for the use and benefit of the Department of" Health, 4300
Cherry Creek Drive South, Denver, Colorado 80222-1530 hereinafter referred to
as the State' and Weld County Commissioners, 915 10th Street, P.O. Box 758,
Greeley, CO 80631 hereinafter referred to as the contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered
balance thereof remains available for encumbering and subsequent payment of
this contract under Encumbrance No. WQC940784 in Fund Number 100,
Appropriation Account 211 and Organization 2041
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS", under the provisions of Public Law 97-117 funds have been made
available for advance payments for completion of an approvable Feasibility
Study for wastewater treatment works, hereinafter referred to as the Plan.
WHEREAS, the sewage treatment planning and design project proposed by
the contractor meets the applicable legal criteria for assistance; and
WHEREAS, the contractor qualifies for and is eligible to receive an
advance of allowance as provided herein.
NOW THEREFORE, it is hereby agreed that for and in consideration of
their mutual agreements to each other, hereinafter stated, the parties hereto
agree as follows :
1 . An advance of allowance is to be awarded to the contractor in the amount
of $5, 000 . 00 .
2 . The Contractor is required to utilize and adhere to 40 CFR, Parts 31 and
35 for work done pursuant to this contract .
3 . The Contractor shall complete and submit an approvable Plan in such
sequence as to assure completion of this Contract by December 1, 1994
indicated in the Application attached and by this reference made part
hereof as Attachment A.
Page 1 of 6 pages
/Yet9a /�
4 . The State will, _ consideration of said se, ices by the Contractor,
cause to be paid to the Contractor a sum not to exceed five thousand
Dollars ($5, 000 . 00) upon receipt of signed statements, submitted in
duplicate on forms to be supplied by the State, requesting reimbursement
according to the provisions of this contract . Reimbursement shall be
contingent upon affirmation by the State of full and satisfactory
compliance with the terms of this contract . Reimbursement will be made
according to the following payment schedule :
30 percent upon execution of this contract,
and compliance with preliminary
conditions provided herein $1, 500 . 00
30 percent upon receipt of draft Feasibility
Study $1, 500 . 00
30 percent upon receipt of final Feasibility
Study $1, 500 . 00
10 percent upon approval of Feasibility
Study $ 500 . 00
Total Contract $5, 000 . 00
5 . The Contractor shall not assign any interest in this Contract, and shall
not transfer any interest in the same (whether by assignment or
novation) , without the prior written consent of the State thereto;
provided, however, that claims for money due to contractor from the
State under this Contract may be assigned to a bank, trust company, or
other financial institution without such approval . Notice of any such
assignment or transfer shall be furnished promptly to the State, and the
State shall not be liable for payments made incorrectly to the contract
notwithstanding receipt of such notice .
6 . No material produced in whole or in part under this Contract shall be
subject to copyright in the United States or in any other country. The
State and Environmental Protection Agency (EPA) shall have unrestricted
authority to publish, disclose, distribute, and otherwise use, in whole
or in part, any reports, data or other material prepared under this
Contract .
7 . At any time during normal business hours and as often as the State, EPA,
and/or the Comptroller General of the United States may deem necessary,
extending to three (3) years after final payment under this Contract,
there shall be made available to the State, EPA and/or representative of
the Comptroller General of the United States all of the Contractor' s
records with respect to all matters covered by this Contract and
Contractor will permit the State, EPA, and/or representative of the
Comptroller General of the United States to audit, examine and make
audits of all contracts , invoices , material, payrolls, records of
personnel , conditions of employment, and other data relating to all
matters covered by this Contract .
8 . Periodic meetings among representatives of the State and the Contractor
shall be held to review progress and accomplishments of the specific
items and tasks to be completed. Such meetings will be held at
intervals agreed upon by both parties .
Page 2 of 6 pages
921 7.g
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions referred to as. .
"Health" .
GENERAL PROVISIONS -- page 1 of 2 pages
1. 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 withholding, shall provide and
keep in force worker's compensation (and show proof of such insurance) and- unemployment
compensation insurance in the amounts required by law. Contractor will be solely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract.
2. Contractor authorizes Health, or its agents, to perform audits and to make
inspections for the purpose of evaluating performance under this contract.
3. Either party shall have the right to terminate this agreement by giving the other
party thirty days notice by registered mail, return receipt requested. If notice is so
given, this agreement shall terminate on the expiration of the thirty days, and the
liability of the parties hereunder for the further performance of the terms of this
agreement shall thereupon cease, but the parties shall not be relieved of the duty to
perform their obligations up to the date of termination.
4. This agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other amendment
hereto shall have any force or effect whatsoever, unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved pursuant
to the State Fiscal Rules .
5. If this contract involves the expenditure of federal funds, this contract is
contingent upon continued availability of federal funds for payment pursuant to the
terms of this agreement. Contractor also agrees to fulfill the requirements of:
a) Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or
A-110, whichever is applicable;
b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These
statutes state that federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of federally-assisted
programs;
c) the Davis-Bacon Act (40 Scat. 1494, Mar. 3, 1921, Chap. 411, 40 USC
276A-276A-5) . This act requires that all laborers and and mechanics employed by
contractors or sub-contractors to work on construction projects financed by federal
assistance must be paid wages not less than those established for the locality of the
project by the Secretary of Labor;
d) 42 USC 6101 et seq, 42 USC 2000d, 29 USC 794. These acts require that no
person shall, on the grounds of race, color, national origin, age, or handicap, be
excluded from participation in or be subjected to discrimination in any program or
activity funded, in whole or in part, by federal funds ; and
Page 3 of 6 Pages
Rev. 06/01/92
931266
GENCRAL PROVISIONS--Page ° 9f 2 pages
e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102,
12111 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213
and 47 USC 225 and 47 USC 611.
f) if the contractor is acquiring real property and displacing households or
businesses in the performance of this contract, the contractor is in compliance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246 - 256) ;
g) when applicable, the contractor is in compliance with the provisions of the
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments (Common Rule) .
6. By signing and submitting this contract the contractor states that:
a) the contractor is in compliance with the requirements of the Drug-Free
Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 USC 701 et seq. ) ;
b) the contractor is not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by any federal
department or agency.
7. To be considered for payment, billings for payment pursuant to this contract must
be received within 60 days after the period for which payment is being requested and
final billings on the contract must be received by Health within 60 days after the end
of the contract term.
8. If applicable, Local Match is to be submitted on the monthly payment statements, in
the column provided, as required by the funding source.
9. If Contractor receives $25,000.00 or more per year in federal funds in the
aggregate from Health, Contractor agrees to have an annual audit, by an independent
certified public accountant, which meets the requirements of Office of Management and
Budget Circular A-128 or A-133 , whichever applies. If Contractor is required to submit
an annual indirect cost proposal to Health for review and approval, Contractor's auditor
will audit the proposal in accordance with the requirements of OMB Circular A-87, A-21
or A-122. Contractor agrees to furnish one copy of the audit reports to the Health
Department Accounting Office within 30 days of their issuance, but not later than nine
months after the end of Contractor's fiscal year. Contractor agrees to take appropriate
corrective action within six months of the report's issuance in instances of
noncompliance with federal laws and regulations. Contractor agrees to permit Health or
its agents to have access to its records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period of three
years after the date of issuance of the audit report. This contract dues (100%)
contain federal funds as of the date it is signed. This requirement is in addition to
any other audit requirements contained in other paragraphs within this contract.
10. Contractor agrees to not use federal funds to satisfy federal cost sharing and
matching requirements unless approved i❑ writing by the appropriate federal agency.
Page 4 of 6 Pages
Rev. 06/01/92
9u12,ss
SPECIAL PROVISIONS
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 involving the payment of money by the State.
FUND AVAILABILITY
2. 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.
" BOND REQUIREMENT •
-
3. If this contract involves the payment of more than fifty 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
in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by
said official 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 upon the 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 or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save,and hold harmless the State, its employees and agents,against any and all claims,
damages. liability and court awards including costs,expenses, and attorney fees incurred as a result of any actor omission by the contractor,or its employees.
agents,subcontractors.or assignees pursuant to the terms of this contract.
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(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action,dated April 16,
1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
•
(a) 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 recruitment advertisings; 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.
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) 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.
(c) The contractor will send to each labor union or representative of workers with which he has a 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 commitment under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975,and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, 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.
(e)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 Peke,creed,color,
sex,national origin.or ancestry.
(f) A labor organization,or the employees or members 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 be discriminatory.
Form 6-AC-02B
Revised 1/93
39553.01-1022
page 5 of 6 pages
931266
(g)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 canceled, 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.
(h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor 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 subcontractor 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 P
6a.Provisions of CRS 8-17-101& 102 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 pan by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident.bidder is a resident-If it is determined by:
the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102)
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,
defence,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.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.
9.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8.401.et.seq.,(Abuse of Public Office),
and that no violation of such provisions is present.
10.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 panics hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) Weld County Commissioners
STATE OF COLOR
- ROY RO ERN
By
Position(Title) Connie Harbert Count Colrsni ssioner .5 EXECUTIVE DIRECTOR
•
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Corporate Secretary.o Eq intent.Tovun;iry/coaae&Ck t_. WELD coDNTY HEALTH DEPARTMENT
' -' : - APPROVALS B �--e
tTTORNE.v-.�;. •.�, . ; -� —, ohm S. Pickle
CONTROLLER Ai eFtolr
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By
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orm 6-AC-02C _ - d
evised 1/93 Page 6 which is the last or 6 ._ - /l L'evised 1-1070pages - J """"
•See instructions on reverse side.
PROGRAM APPROVAL; (��! m Ad '
Debbie English, Program
AdBlihistr _oHA- r
921266
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W Constance L. Harbert, Chairman - ^5
To Board of County Commissioners December, 8, 1993
Date
COLORADO From John Pickle, Director, Weld County Health- Departmen
Subject. Contract for Feasibility Study - 49th Street
The attached contract amendment from Colorado Department of Health is to fund the
feasibility study on the 49th Street sewage disposal problem. TEC, our
contractor has completed the study, and is awaiting payment prior to release of
the study. The $5,000.00 amount will pay for the study and the Departments work
on this project.
We would appreciate your approval of this contract.
931266
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