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HomeMy WebLinkAbout700329.tiff APPROVE COLORADO STATE PLANNING URBAN PLANNING GRANT CONTRACT: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the Colorado State Urban Planning Grant Contract, Project No. Colo. P-92, Contract No. Colo. P-28 (C) , Region No. 2, be and the same is hereby approved, copies of the signed agreement and signed contract are hereto attached and made a part of this resolution. The above and foregoing resolution was, on motion duly made and seconded, passed by the following vote on roll call: AYES: lf(%�c't:.! 4 k.r gl�; L _a r A / / /-711,1e % /`ice/4;� /(/ l� (_ '` ` )( 1' r 6r � E BOARD OF COUNTY 4CONMISSIONERS WELD COUNTY, COLORADO DATED: NOVEMBER 4, 1970 i' I^ I , %: z 700329 1 661(06; AGREEMENT PART I THIS AGREEMENT, consisting of this Part I and the Terms and Condi- tions forming Part II hereof (which parts, together, are herein called the "Contract"), entered into this 4th day of November , 1970, by and between Weld County Colorado, party of the first part (hereinafter re- ferred to as the "County") and Alan M. Voorhees and Associates, Inc. , a corporation having a place of business located at 1601 Emerson Street, Denver, Colorado, party of the second part (hereinafter referred to as the "Consultant"), WITNESSETH THAT: WHEREAS, Weld County, Colorado, has undertaken a program to con- duct planning studies and prepare a comprehensive plan for the future development of said County; and WHEREAS, the Planning Commission of Weld County has indicated the need to obtain professional planning assistance in the aforementioned program; and WHEREAS, Alan M. Voorhees and Associates Inc. is a consulting firm specializing in urban planning and is willing and able to provide consulting planning service to the County; NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties hereto legally intending to be bound hereby, do covenant and agree for them- selves and their respective successors and assigns as follows: A. AREA COVERED. The Consultant shall perform all the necessary services provided under this Contract in connection with and respecting the following area, herein called the "Planning Area": All of Weld County and all incorporated municipalities except the City of Greeley. B. SCOPE OF SERVICES. Phase I A. Housing 1. Assistance to Individual Communities. In at least one muni- cipality of Weld County a program for obtaining financing from the Federal Government for new housing shall be ini- tiated under this agreement. This program will include such studies, reports and support data as are necessary to qualify the municipality for a federally assisted housing project best suited to its needs. A demonstration project will be developed in Ft. Lupton for the local Housing Authority. The demonstration project shall be focussed on the abandoned labor camp which the -Housing Authority now owns. A sketch master plan for the labor camp site (approximately 55 acres) shall be developed. -One or more alternative master plans may be developed as Aeemed necessary. Included within the master plan will be _considerations of proposed future land use, basic utility problems, types of housing, location of housing, recreation needs and facilities and street locations. Preliminary 'estimates of the costs of rehabilitation or replacement of the existing permanent housing shall be prepared. B. Government Management and Coordination 1. Local Needs Survey. The Consultant shall assist the Weld County Planning Coordinator in surveying and analyzing local needs for public or community facilities. This aid will consist of helping to structure the form of the inven- tory and in evaluating its results. The Planning Coordi- nator -will conduct the actual field work. The Consultant will meet -with local planning agencies and officials as required in the conduct of this work. 2. Program for Financing Local Needs. Steps shall be initia- ted to qualify all incorporated municipalities for all applicable state and federal assistance programs. 2 C. Sewer, Water and Open Soace 1. Survey of Facilities. The Consultant shall assist the Weld County Planning Commission in conducting and analyzing a county-wide survey of sewer, water, solid waste disposal, and open space facilities. This work will form the basis for a Public Facilities component of the Weld County develop- ment plan to be prepared in Phase II. The work will be coordinated with similar work in Larimer County, Colorado, to the maximum extent possible. D. General Support 1. Zoning -Regulations. The Consultant shall provide assistance to the Planning Commission in improving the administration end application of existing zoning requirements within Weld County. Specifically, the Consultant shall review existing zoning regulations and help establish an informal set of performance guidelines that will clarify their intent and aid in their understanding and administration. Presumably, these guidelines will become incorporated in a new zoning ordinance text and map to be prepared in Phase II studies. In this work special attention shall be given to the sub- jects of mobile homes and feedlots--two items of particular concern in Weld County. 2. Weld County Highway -Plan. The Consultant shall prepare a future highway plan for Weld County indicating where new arterial street and highway rights-of-way will be required and where improvements to existing streets and highways should occur. The plan will ba lased upon an analysis of the existing street and highway systems and projected future traffic loads. Particular attention will be given • to factors such as: a. development of an integrated, regional system with proper emphasis given to controlled access routes and major arterial streets b. relation of future system to existing and future land uses and barriers to movement (i.e. , rivers, creeks, railroads, atc. ) 3 c. minimizing disruption and adverse environmental impacts d. relationship to other regional planning goals e. system continuity 1. regularity of spacing, directness of travel and simplicity of function g. highway and street capacities balanced with travel demand 3. Weld County (Greeley) Airport Plan. The Consultant shall prepare an overall development plan for the Weld County Airport. The plan will define the role of the Weld County Airport in the greater Larimer-Weld County region and will set forth development goals for the airport. The plan will define the relationship between the airport and the -county-wide plan. Specifically, the plan will set forth the total future land requirements of the airport and will identify the extent of surrounding lands where special use regulations may need to be applied. It will specify the intent and characteristics of these regulations. The plan will determine access (highway and other service) xe- quirements of the -airport and will xonsider the type, extent, and intensity of possible industrial development in the air- port vicinity. - Within the airport boundaries, the plan will include tough estimate-s of future expansion and for development projects, as identified on the previously prepared Airport Layout Flan, and will recommend a possible capital development program for these improvements. Phase II A. Housing 1. Housing Condition Summary. Using available information from the 1970 Census of Housing and records of the Weld County Court House, a Summary Report of housing condi- tions in Weld County shall be prepared. This summary shall through graphic and t-abular displays, illustrate the magnitude and extent of Weld County's housing problems. The role of mobile tomes and factory built and modular homes in providing housing shall be evaluated. 4 2. Housing Neets. A statement of housing objectives shall be formulated listing steps to be taken by County and municipal • governments over a given period to correct inadequacies and encourage -construction to meet needs determined in the housing inventory. In event a public agency or contractor initiates a housing project to meet needs for low cost housing, consultation shall be provided in preliminary stages of the site planning. This should bring about certain economics in construction of utilities and streets while incorporating new methods of land planning into the project. B. Governmental Management anti Coordination 1. Capital Improvements. The Consultant shall work with the Planning Department in assisting smaller units of govern- ment plan for construction or implementation of local community -projects. A priority listing shall be prepared of public improvements required to serve the _planning area as indicatez in the Public Facilities Plan. A summary of existing financial practices in the County plus a brief resume of additional sources of revenue which might be considered shall also be prepared. The Consultant shall prepare a six year public improvements program for Weld County and a one year capital budget suggesting total costs which might be involved in a public improvements program. Together with the Planning Coordinator, to be provided by Weld County, the Consultant shall meet with the local boards to secure coordination between agencies and localities. C. Water, Sewer, Open Space and Other Public Facilities 1. Public Facilities Plan. In cooperation with elected county, municipal and district officials and with other advisory groups, a plan shall be prepared indicating where public areas and facilities are needed to serve existing and future population centers in the planning area. These studies, which will be generalized in content, shall include estimated requirements for parks, fire stations, libraries, water distribution systems, 5 sewerage systems, refuse disposal areas and such other public facilities as may be necessary to serve the principal population centers within the planning area. D. General Support 1. Land-Use Development Plan. Utilizing future population pro- jections and growth forecasts prepared by the Weld County Planning Commission and Staff, the Consultant shall prepare a general plan of land-use development in Weld County. The plan will reflect expected pressures for greater urbanization caused by continuing population growth and the concurrent need to preserve Class A agricultural lands. The plan will exemplify land-use goals formulated by the Planning Commission and will attempt to achieve a favorable balance between the most efficient use of land and private land development practices. 2. Zoning Regulations. A new zoning text and map shall be pre- pared, based on the features of growth as indicated in the future land use and street and highway plans. The regula- tions shall have application throughout the unincorporated area of the county. Proposals for mobile home regulations and for sign controls shall also be prepared as a part of the zoning control. 3. Subdivision Regulations. A prototype subdivision regulations text, providing standards for land subdivision and development, shall be prepared. It will include requirements for adequate lot sizes and arrangement, the location of utilities, minimum street improvements and the reservation of public spaces and community facilities in order to guide development in conform- ance with the comprehensive plan. The form used will be such as to facilitate adoption and use by various jurisdictions within Weld County. C. MAPS AND REPORTS. In the Phase I studies, fifty (50) copies each of the Weld County Highway Plan and Airport Plan shall be prepared. Maps of the Airport Plan and Highway Plan will be included in the Phase II final report. One (1) reproducible copy of the Highway Plan will be prepared. 6 In addition, 50 copies of a general Phase I Progress Report shall be pre- pared summarizing findings and progress on all other elements of the Phase I work. -At the conclusion of the Phase II studies, one hundred (100) copies of the comprehensive plan reports and the zoning subdivision regulations shall be prepared. One thousand (1,000) _copies of a popular summary shall be provided at the conclusion of the general planning program showing the major findings and recommendations of the comprehensive planning work. The Consultant shall provide the Weld County Planning Commission with ten (10) copies -of each printed document and three (3) copies of each preliminary draft during the planning program. D. MEETING. During the Phase I studies, the Consultant shall be present in Weld County for a minimum of six (6) County Planning Commission meetings. In addition, attendance at six meetings of other agencies or groups are included in the {project costs. At least five progress meetings will be held during the course of the study and a summary meeting at its conclusion. Meetings shall also be attended with each town or group of towns in the County. During Phase II, the Consultant shall be present in Weld County for a mini- mum of twelve County Planning Commission meetings during the project period. In addition, attendance at twelve (12) meetings of other agencies or groups are included in the project costs. A schedule of meetings similar to that outlined in Phase I shall be followed in Phase II. Should there be need for the Consultant to attend additional meetings, payment would be based upon time required and miles travelled for the meetings. E. TIME OF PERFORMANCE. The services of the Consultant shall commence immediately after the execution of this Contract and shall be undertaken in such sequence as to assure their expeditious completion in the light of the purposes of this Contract. Six (6) months shall be re- quired to complete the Phase I studies and twelve (12) months shall be required to complete the Phase II studies. 7 F. COMPENSATION. The County agrees to reimburse the Consultant for the following amounts: Phase I $11,360 Phase II $12,000 Total $23,300 G. METHOD OF PAYMENT. The County shall make reimbursement to the Consultant on receipt of appropriate invoices in accordance with the following schedule: At the midpoint of Phase I: $5,085 At the conclusion of Phase I: $5,083 At the mid-point of _Phase II: $5,400 At the conclusion of Phase II: $5,400 At the acceptance of all contract items: $2,330 H. RESPONSIBLE TLANNE-R. The performance of the services required hereunder will be under the -direct supervision of Robert -E. Leigh, AIP, who is hereby designated as the Consultant' s Planner—in-charge of this work pro- gram and who meets the qualifications as re-quired by the County and Colorado State Planning Office. At any time this Planner-in-charge is no longer directing this project, the Consultant shall immediately notify the County and work shall be suspended on the project until a Planner-in-charge has been so assigned who is acceptable to the County. 8 PART II -- TERMS AND CONDITIONS A. DATA TO BE FURNISHED TO THE CONSULTANT. The County shall cooperate with the Consultant in every way possible in carrying out the planning work without undue delay and shall furnish available data for use by the Consultant. B. PERSONNEL. The Consultant represents that he has or will secure, at his own expense, all {personnel required in performing the ser- vices under this Contract. Such personnel shall not be employees of, or have any contractual relationship with, the County. All of the services required hereunder shall be performed by the Consultant or under his super- vision; and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted, under state or local law, to perform such services, as determined by the County. C. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obli- gations under this Contract or if the Consultant shall violate any of the covenants, agreements, -or stipulations of this Contract, the County shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant or under this Contract shall, at the option of the County, become its property; and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Consultant, and the County may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the County from the Consultant is determined. 9 D. TERMINATION FOR CONVENIENCE OF THE COUNTY. The County may terminate this Contract at any time by giving written notice to the Con- sultant -of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph C above shall, at the option of the County, become its Property. If the Contract is terminated by the County as provided herein, the Con- sultant shall be paid an amount which hears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments of compensation previously made; provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, the Consultant shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not other-wise reimbursed under this Contract) incurred by the Consultant 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 Consultant, Paragraph C above, relative to termina- tion, shall apply. E. CHANGES. The County may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the County and the Consultant, shall be incorporated in written amendments to this Contract. . F. EQUAL EMPLOYMENT OPPORTUNITY. In the carrying out of the Project, the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that appli- cants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant will, in all solicitations 10 or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sex, or national origin. The Consultant shall insert a similar provision in all subcontracts for services covered by this Contract. G. ASSIGNABILITY. The Consultant 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 County thereto; provided, however, that claims for money due or to become due the Consultant from the County 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 County. -H. INTEREST OF CONSULTANT. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Consultant further covenants that, in the performance of this Contract, no person having any such interest shall be employed. I. FINDINGS CONFIDENTIAL. Any reports, information, data, etc. , given to or prepared or assembled by the Consultant under this Contract, which the County requests to be kept as confidential, shall not be made • available to any individual or organization by the Consultant without the prior written approval of the County. J. OFFICIALS NOT TO BENEFIT. No member of, or Delegate to, the Congress of the United States of America and no Resident Commissioner shall be admitted to any share or part hereof or to any benefit to arise herefrom. K. IDENTIFICATION OF DOCUMENTS. All reports, maps, and other documents completed as a part of this Contract, other than documents pre- pared exclusively for internal use within the County, shall carry the follow- ing notation on the title page (or, in the case of maps, in the same block containing the name of the Consultant), together with the date (month and year) the document was prepared and the name of the municipality, metropolitan 11 area, or other planning area concerned: (rep ort,i¢�rep , m_ak'f( document) was prepared for the Colorado State Planning Office and was financed, in part, through an urban plan- ing grant from the Department of Housing and Urban Development under the provisions of Section 701 of the Housing Act of 1954, as amended. N. COPYRIGHT. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an appli- cation for copyright by or on behalf of the Consultant. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WELD COUNTY, COLORADO ha. manyt o Coun y Commissioners s-7i C. //J-14- t7y -- (< C APPROVED: Chairman, Planning Commission We d Count Attorney ALAN M. VOORHEES & ASSOCIATES, INC. By Alan M. Voo ees, President 12 COl.ORAD0 STATE f=i_/NNN1NC O;E=iCE URk. '`AN1 PLANNING GRANT CONTRACT Proj3ct No. Colo. P 92 Contract No. Colo. P 23 (C) -Region No. 2 PART THIS AGREEMENT, consisting of this Part I and the Terms and Condition. forming Part IT. hereof (which parts, together, ere herein c.tic`d the. "Contract"), eff=ective on the first day or November 19.10_, Ley Lnd between the Colorado State Planning. O:ficn, party cf the; fi..tz..t part (hsre.iilaft_.r re'rerred to as the "Planning Aggcncy"), end Weld £ounty,_, C.:o..lorado party c,r the second part (hereina'rT:er referred to as the "Contra.ctor"), NOW, THEREFORE, the parties mutually-agree as 1 oilov.=e: A. EMPLOYMENT OF CONTRACTOR. ThePlar,.ii;'rD hereby agrees to engage the Contractor and the Contractor hereby egreos to perT o.•rn the services hereinafter er_,et Fort;-4 !n ccr1r tior1 with the Project of the Planning Ac,on7‘,/ under Urban Planning Crent Contract No. P-92 T3. AREA COVERED. The Contractor sh d1 par;-orr'n nit ti -necessary_services provided under this -Contract in connection with u d rc'�.- pectin the following area co areas, herein called the "Planning Ar'aa.": Weld Oounty and all its incorporated cities and towns. '( C'05 C. SCOPE OF SERVIO-ES. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Planning Agency, the following; A. Housing 1 . Assistance to Individual Communities. In at least one municipality of Weld County other-than the City-of Greeley, a program for obtaining financing from-the Federal Govern- ment for new housing shall be initiated under this agreement. This program will include such studi-es, reports and support data as are necessary to qualifythe municipality for a federally assisted housing project best suited to its needs. A demonstration project will be developed in Fort Lupton for the local Housing Authority. The demonstration project shall be focussed on the abandoned labor camp which the Housing Authority now owns. A sketch master plan-for the labor camp site (approximately 55 acres)shall be developed. One or more alternative master plans may be developed as deemed necessary. Included within the master plan will be considerations of proposed future land use, basic utility problems, types of housing, location of housing, recreation needs and facilities and street locations. Pre- liminary estimates of the costs of rehabilitation or replacement of the Existing permanent housing shall be prepared. 2. Zoning Regulations. The Contractor shall improve the administration and application of existing zoning requirements within Weld County. Specifically, the Contractor shall review existing zoning regulations -and help establish an informal set of performance gui-delin:ss that will clarify their intent and aid in-their understanding and administration. In this work special attention shall be given to the subjects of mobile homes, housing densities, types and costs wit.do " reasonable proximity of job opportunities for all income groups. In addition, attention will be given to the subject of feed lots. - B. Government Management and Coordination 1 . Local Needs Survey. The Contractor shall survey and analyze local needs for public or community facilities except in-the City of Greeley. This aid will consist of helping to structure the form of the inventory and in evaluating its results. The Contractor will conduct the actual field work. The Contractor will meet with local planning agencies and officials as required in the conduct of this work. 2. Program for Financing Local Needs. Steps shall be initiated to qualify all incorporated municipalities for all applicable state and federal assistance programs. C. Sewer, Water and Open Space 1 . Survey of Facilities. -The Contractor shall conduct and analyze a county-wide survey of sewer, water, solid waste disposal, and open space facilities. The work will be coordinated with similar work in Grceley and Larimer County, Colorado, to-the maximum extent possible. D. General Support 1 . Weld County Highway Plan. The Contractor shall prepare a future highway plan for Weld County indicating where new arterial street and highway rights-of--way will be required and where improvements to existing streets and highways should occur. The plan will be based upon an analysis of the existing street and highway systems and projected future traffic loads. Particular attention will be given to factors such as: a. development of an integrated, regional system with proper emphasis given to controlled access routes and major arterial streets • b. relation of future system to existing and future land uses and barriers-to movement (i.e. , rivers, creeks, railroads, etc.) c. minimizing disruption andadverse environmental impacts d. relationship to other regional planning goals e. system continuity 1. regularity of spacing, directness of travel and simplicity of function g. highway and street capacities balanced with travel demand 2. Weld County (Greeley) Airport Plan. The Contractor shall prepare an overall development plan for the Weld County Airport. The plan will define the role of the Weld County Airport in the greater Larimer-Weld County region and will set forth development goals for the airport. The plan will define the relationship between-the airport and the county-wide plan. Specifically, the plan will set forth the total future land requirements of the airport and will identify the extent of surrounding lands where special • use regulations may need to be applied. It will specify the intent and characteristics of these regulations. The plan will determine access (highway and other service) requirements of the airport and will consider the'type, extent, and intensity of passible industrial development in the airport vicinity. Within the airport boundaries, the plan will include rough estimates of future expansion and for development projects, as identified on the previously prepared Airpob Layout Plan, and will recommend a possible capital develop_, rnent program for these improvements. D. TIME OF PERFORMANCE, The services of the Contractor are to commence as soon as practicable after the-execution of this Contract and shall be undertaken and completed in such sequence as to assure their expedi- tious completion in-the light of the purposes of this Contract; but in any event, all of the services required hereunder shall be completed by April 30, 1971 . E. COMPENSATION. The Planning Agency agrees to reimburse the Contractor two-thirds of all eligible project costs up to but not-exceeding FourteenThousand Dollars ($14,000.00) Such compensation shall be the Federal Government's share of a total project amount of Twenty-One Thousand Dollars ($21 ,000.90), including Seven Thousand Dollars ($7,000.00) as a contribution from the Contractor. it is further understood and agreed by-the above parties, that should the Department of Housing and Urban Development disapprove this Contract or refuse or fail to make the grant to the State of Colorado, as contemplated by this Contract, then this Contract shall be void and shall not be binding on any parties of the Contract. F. METHOD OF PAYMENT. The Planning Agency shall make such reimbursement to the Contractor on receipt of appropriate forms supplied by the Planning Agency indicating eligible services and materials in con- formance with requirements set by the Planning Agency. Such billing shall certify that the Contractor has completed the scope of-services: in accordance with Exhibit A which is attached hereto and made a part hereof. Reimburse- ment to the fnmrnission shall be made at such time as the Planning Agency is able to requisition funds from the Department of Housing and Urban Development. The sum of One Thousand and Four Hundred Dollars ($1 ,400.00) which is ten per cent (10%) of the total reimbursement shall be payable at the termination and final approval of the project P-92 by the Department of Housing and Urban Development and transmittal of funds by said Department. It is exprosly understood and agreed that in no event will the total compensation and reimburse- ment, if any; to be paid hereunder, exceed the maximum amount of Fourteen Thousand Dollars ($;4,000°00) for all the services required. G. REPORTS AND MEETINGS 1 . Reports. Seventy-Five (75) copies each of the Weld County Highway Plan and Airport Plan shall be pre- pared. One (1) reproducible copy of the Highway Plan will be prepared. In addition, seventy--five (75) copies • of a general Progress Report shall he prepared summarizing findings and progress on all other elements of the work. Twenty-five (25) copies of the Highway Plan, Airport Plan, and General Progress Report shall be submitted to the Planning Agency. 2. Meetings. The Contractor shall be present in Weld County for a minimum of six (6) County Planning Commission meetings. In addition, attendance at six meetings of other agencies or groups are included in the project costs. At least five progress meetings will be held during the course of the study and a summary meeting at its conclusion. Meetings shall also be attended with each town or group of towns in the County. H. RESPONSIBLE PLANNER. The performance of-the services required hereunder will be under the direct supervision of Burman Lorenson, who is hereby designated as the planner-in-charge of this work program and who meets the qualifications as required by the Planning Agency. At any time the planner-in--charge is not assigned to this project, the Contractor shall immediately notify the Planning Agency and work shall be suspended on the project until a planner--in-charge has been so assigned who is acceptable to the Planning Agency. URBAN PLANNING GRANT CONTRACT PART II - TERMS AND CONDITIONS A. DATA TO BE FURNISHED TO THE CONTRACTOR. The Planning Agency shall cooperate with the Contractor in every way possible in carrying out the planning work without undue delay and shall furnish available data for use by the Contractor. B. 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 Planning Agency. All of the services required hereunder shall be performed by the Contractor or under his supervision; and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted, under state or local law, to perform such services, as determined by the Planning Agency. C. CONDUCT OF THE STUDY. The Contractor shall meet with the Planning Agency once during each calendar quarter through- out the term of this Contract to discuss progress being made on the various items set forth in the above scope of services for clarification or expansion of the elements in the scope of services, if needed, and for an evaluation of all work completed. He shall also provide adequate notice of meetings scheduled with local officials in order that, if deemed necessary by the Planning Agency, a representative of the Planning Agency might be in attendance. The Contractor shall present preliminary drafts of all planning elements to the chief executive of the planning area; the local legislative body; and other appropriate state, federal, or public bodies for review or comment. A written report summarizing the proceedings and recommendations received from reviewing agencies or officials shall be furnished to the Planning Agency. D. TERMINATION OFCONT-RACT 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, agreements, or stipulations of this Contract, the Planning Agency 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 days before the-effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this Contract shall, at the option of the Planning Agency, become its property; and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents . Notwithstanding the above, the Contractor shall not be relieved of liability-to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the Contract by the Contractor, and the Planning Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact-amount of damages due the Planning Agency from the Contractor is determined . E. TERMINATION FOR CONVENIENCE OF PLANNING AGENCY. The Planning Agency may terminate this Contract at any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least 15 days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph D above shall, at the option -of the Planning Agency, become its property. If the Contract is • terminated by the Planning Agency 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; provided, however, that if less than 60 percent of the services covered by - 2 - 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 Corr tractor, Paragraph D above hereof relative to termination shall apply. F. CHANGES. The Planning Agency may, from time to time, require changes in the scope of services of the Contractor to be 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 Planning Agency and the Contractor, shall be incorporated in written amendments to this Contract. G. EQUAL EMPLOYMENT OPPORTUNITY. In the carrying out of the Project, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall in- clude, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and sel-ection for training, includ- ing apprenticeship. 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, color, religion, sex, or national origin. The Contractor shall insert a similar provision in all subcontracts for services covered by this Contract. H. INTEREST OF MEMBERS OF PLANNING AGENCY AND OTHERS. No officer, member, or employee of the Planning Agency and no member of its governing body, and no other public official of the governing body of the locality or localities in which the project is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking cr carrying out of this project, shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or associ-ation in which he is, directly or indirectly, interested; nor shall any such officer, member, or employee of the Planning Agency, or any member of its governing body, or public official of the governing body of the locality or localities in which the project is situated or being carried out have any interest, direct or indirect, in this Contract or the proceeds thereof. I. ASSIGNABILITY. 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 Planning Agency thereto; provided, however, that claims for money due or to become due the Contractor from the Planning Agency under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or trans- fer shall be furnished promptly to the Planning Agency. J. INTEREST OF CONTRACTOR. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Contractor further covenants that, in the performance of this Contract, no person having any such interest shall be employed. K. FINDINGS CONFIDENTIAL. Any reports, information, data, etc. , given to or prepared or assembled by the Contractor under - 4 - this Contract, which the Planning Agency requests to be kept as confidential, shall not be made available to any individual or organization by the Contractor without: the prior written approval of the Planning Agency. L. OFFICIALS NOT TO BENEFIT. No Member of, or Delegate to, the Congress of the United States of America and no Resident Commissioner shall be admitted to any share or part hereof or to any benefit to arise herefrom. M. IDENTIFICATION OF DOCUMENTS. All reports, maps, and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within the Planning Agency, shall carry the following notation on the title page (or, in the case of maps, in the same block containing the name of the Contractor), together with the date (month and year) the document was prepared and the name of the municipality, metropolitan area, or other planning area concerned: This (report, map, document) was prepared for the Colorado State Planning Office and was financed, in part, through an urban plan- ning grant from the Department of Housing and Urban Development under the provisions of Section 701 of the Housing Act of 1954, as amended. N. COPYRIGHT. No reports, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. ' i I I i , I i 1 -� i ` i I I • U ; I U 1, • r U I ) r U X ELI• . -_ • - _ _ _�r_„•-•. I , r-. �- C.t�1 ' S~ y ...1 CI -I 1 I 1 I 1 0 0 O 0 ("NI CDr •O 1 1 I 3 --C.)) r 1 1-1 r. r f - ' .. ^ G^• r r-. 4. ,........... ...-7-.--.--...--1 i Q I G• f- ..--...--.- O •_rd .r1 a) C P. __ -i >t ' ai K ++ Si Hit O a) • '7-. O r• I)0 H g' 0 1~ .N >« 's •r-I �-. • . R.•ri Cr)N 4.) C) • - O ti [C ty ct• +) P.02f a�i o K N III 1 I N U Ix .O .a n: pi 0 +�l D U CO cn I-I r1 to .% PI 4? N o J U g < L UO w .� m t: a ,n O H H a ti O Fi ( O Cy L CO 0 O .�. �. Fi >~ I I} 0 rC O - C� PI Fa F W o •r' •• O5 c) a) 0 F+ C4G P4 a) e, SS (f) l\. (i•. O3P O ti a) 51 `i 41 O 4+ a) r I G ' O 0 0 L r ai N 0 w .4 O d] , f-. 7 H O . ' C . C,' 4-I O 4-I ON a, a,• a; O C U { a' 5: r •r r: P G`. f, H 1' Vi N 7o Ct -P Cl) Fi O C e, +� c6 00 04 0 0 t. $4 ,-- 0 Il L N O F, 0 O •rl O •r-I •r1 P :. •a. O G Pa C.: U 71 r; V -P F E' C) H H -1•' O -P 0 rI.Q P. P. 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"+. • E— a) r•-1 P a) !` u-... .-4 4-� a) EH O E' 4,-) •-' Q ,Q O O 4 I E C) > • a +•s O O N C al O P-+ O • • •rl Cl) H K', H K'- •r1 H H P P P O••••••, al r: 0 r CO 0.1 P Cd Fa E!)'O •rte rG O Cl) ''1 O r C) O •r! V r1 rl O O Ctl Ott) P C a) c)_ _ k (� j H (V K Cfl �OTE:1_ co C7 G • ha . c O o O 0 0 c c. 1J ^ N. N. O N. C'- • N. N N N I j I I I I 1 11 ft ri r' r- rl r: • ;I rI• 1 11 ) O I ! I 1 { r� rt ri r� H r! r' ^, r. r� l .. I• --- .....• ...... ___ • IN WITNESS WHEREOF, the !,parties hereto have executed this Co::i:;^art the dr.:y and year first above written. This Contract shall not be deemed valid until it shall have been approved by th,.1 Controller or such assistant as he may designate. • STATE OF COLORADO WELD COUNTY, COLORADO Colorado State Planning O;i=ice .����•. ! icy • 7-7 Cgordinator, Party of the First Part Party of the Second Part Board of County Commissioners Turgid County, Colorado APPROVED: DEPARTMENT OF ADMINISTRATION DEPARTMENT OF L_AVJ Divic ion of Accounts and Control • By Controller Attorney Gcnerz:.i Division of Purchases Apprcved as to legal form and • legal adequacy: , 19 JOHN A. LOVE, Governor Fund Number: Hello