The URL can be used to link to this page

Browse Search

Home My WebLink About20161759.tiffRESOLUTION RE: APPROVE TASK ORDER AMENDMENT #1 FOR REPAIRS/REPLACEMENT OF WELD COUNTY SEPTIC SYSTEMS DAMAGED BY THE SEPTEMBER 2013 FLOODS AND AUTHORIZE CHAIR 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, the Board has been presented with Task Order Amendment #1 for Repair/Replacement of Weld County Septic Systems Damaged by the September 2013 Floods between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing October 1, 2014, and ending June 30, 2016, with further terms and conditions being as stated in said task order amendment, and WHEREAS, after review, the Board deems it advisable to approve said task order amendment, 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 Task Order Amendment #1 for Repair/Replacement of Weld County Septic Systems Damaged by the September 2013 Floods between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department Public Health and Environment be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said task order amendment. CC; NLCtNnw/ST) —1/t3/aOICo 2016-1759 BC0045 HL0048 RE: TASK ORDER AMENDMENT #1 FOR THE REPAIRS/REPLACEMENT OF WELD COUNTY SEPTIC SYSTEMS DAMAGED BY THE SEPTEMBER 2013 FLOODS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of June, A.D., 2016, nunc pro tunc October 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: date , �C ;e1 Weld County. Clerk d�to wthe Board BY AP a9dAre puty Clerk to the Boar aunty Attorney Date of signature: Z/ t t f 0l4 I t2 Mike Freeman, Chair Sean P. Conway, Pro-Tem rbaraKirkmeye<rr Steve Moreno GGtHt. Cmw/ST) Iii379OICo 2016-1759 BC0045 HL0048 Memorandum TO: Mike Freeman, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: June 3, 2016 SUBJECT: Task Order Contract Amendment #1 with CDPHE for the Repairs/Replacement of Weld County Septic Systems Damaged by the September 2013 Floods Enclosed for the Board's approval is a Task Order Contract Amendment between the Colorado Department of Public Health & Environment (CDPHE) and the Weld County Board of County Commissioners on behalf of the Weld County Department of Public Health & Environment (WCDPHE). This Task Order Contract allows for the reimbursement of flood impacted properties that need to repair or replace their septic system. This amendment reduces the funding by $300,000 from the original amount of $405,000 to $105,000 due to a lack of use. Currently, WCDPHE is working with two (2) homeowners and they are in the reimbursement process. The term of the contract remains from October 1, 2014, through June 30, 2016, and since the term is nearly over WCDPHE does not believe it will be able to fully utilize the original amount of contracted funds. This contract was approved for placement on the Board's Agenda via pass -around dated May 25, 2016. I recommend approval of this Task Order Amendment #1 with CDPHE for the Repairs/Replacement of Weld County Septic Systems Damaged by the September 2013 Floods. 2016-1759 88OOy5 DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WQCD-GLU DEPARTMENT OR AGENCY NUMBER FAAA TASK ORDER AMENDMENT ROUTING NUMBER 16_90711 To Original Task Order Routing Number 15_73564 TASK ORDER AMENDMENT #1 This Task Order Amendment is made this 1G ..day of May, 2016, by and between the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT whose address or principal place of business is 4300 Cherry Creek Drive South, Denver, Colorado 80246 hereinafter referred to as the "State"; and, Board of County Commissioners of Weld County whose address or principal place of business is 915 10th Street Greeley, Colorado 80632 hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a Master Contract dated January 17, 2012, with contract routing number 13 FAA 00051. Pursuant to the terms and conditions of the Master Contract the parties entered into a Task Order Contract dated September 23, 2014 with encumbrance number FEGA201500000000000057 and task order contract routing number 15 FEGA 73564, hereafter referred to as the "Original Task Order Contract", whereby the Contractor was to provide to the State the following: The project consists of the repair or replacement of flood damaged private onsite wastewater treatment systems. The State promises to decrease the amount of funds to be paid to the Contractor by Three Hundred Thousand Dollars ($300,000.00) during the current term of the Original Task Order Contract in exchange for the promise of the Contractor to perform the work under the Original Task Order Contract. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: 1. Consideration for this Task Order Amendment to the Original Task Order Contract consists of the payments and services that shall be made pursuant to this Task Order Amendment, and promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Task Order Amendment is supplemental to the Original Task Order Contract, contract routing number 15 FEGA 73564 referred to herein as the Original Task Order Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Task Order Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is expressly agreed to by the parties that the Original Task Order Contract is and shall be modified, altered, and changed in the following respects only: Page 1 of 4 Contract_Amendment_TaskOrders_040716.docx A. The following new provision is hereby added to the body of the Original Contract: Performance Outside the State of Colorado and/or the United States [Not applicable if Contract Funds include any federal funds! Following the Effective Date, Contractor shall provide written notice to the State, in accordance with the Notices and Representatives provision, within 20 days of the earlier to occur of Contractor's decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this provision shall be posted on the Colorado Department of Personnel & Administration's website. Knowing failure by Contractor to provide notice to the State under this provision shall constitute a material breach of this Contract. B. This Task Order Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract. This Task Order Amendment is for the current term of October 01, 2014 through and including June 30, 2016. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is decreased by Three Hundred Thousand Dollars, ($300,000.00) for an amended financial obligation of the State for the current term of One Hundred Five Thousand Dollars, ($105,000.00). The revised specifications to the original Statement of Work and the revised Budget, if any, are incorporated herein by this reference and identified as "Revised Exhibit B" and "Revised Exhibit C". The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original Task Order Contract are reaffirmed. 4. The Effective Date of this Task Order Amendment is May 15, 2016, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. 5. Except for the General Provisions and Special Provisions of the Original Task Order Contract, in the event of any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Task Order Amendment and any of the terms and provisions of the Original Task Order Contract, the terms and provisions of this Task Order Amendment shall in all respects supersede, govern, and control. The Special Provisions shall always control over other provisions of the Original Task Order Contract or any subsequent Task Order Amendments thereto. The representations in the Special Provisions to the Original Task Order Contract concerning the absence of personal interest of state of Colorado employees are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. Page 2 of 4 Contract_Amendment_TaskOrders_040716.docx IN WITNESS WHEREOF, the parties hereto have executed this Task Order Amendment on the day first above written. * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ,Iphn W. Hickenlooper, Governor STATE: STATE OF WELD COUNTY Signature of Authorized Officer Dale Mike Freeman Print Name of Authorized Officer Chair, Weld County Commissioners Print Title of Authorized Officer By: By: ,,,z1=ti h' For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PROAPP ObjIL: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. By: Date: Contract_Amendmera TaskOrders 040716.docv STATE CONTROLLER Law�uot4? Roaros, CPA, MBA, JD Page 3of4 kilo- 17561 This page left intentionally blank. Page 4 of 4 Contract_Amendment_TaskOrders_04 716.docx REVISED EXHIBIT B STATEMENT OF WORK To Contract Dated 5/10/2016 — Contract Routing Number 16 FEGA 90711 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. I. Entity Name: Weld County Term: September 1, 2014 — June 30, 2016 II. Project Description: The project consists of the repair or replacement of flood damaged private onsite wastewater treatment systems. III. Definitions: 1. CDPHE — Colorado Department of Public Health and Environment 2. Contractor and/or Vendor — Any party to which a purchase order is issued. 3. E/A — Environmental Assessment 4. EPA — Environmental Protection Agency 5. ERU - Engineering Review Unit 6. FEMA — Federal Emergency Management Agency 7. GLU — Grants and Loans Unit 8. OSHA — Occupational Safety & Health Administration 9. OWTS — On -Site Wastewater Treatment System 10. PDR- Process Design Report 11. PE — Physical Engineer 12. PELs - Preliminary Effluent Limits 13. PER - Preliminary Engineering Report 14. POT W- Publicly Owned Treatment Works 15. RFA — Request for Application 16. RFQ — Request for Qualifications 17. SOQ — Statement of Qualifications 18. SOW — Statement Work 19. SRF - State Revolving Fund 20. USACOE — United States Army Corps of Engineers 21. WQCD — Water Quality Control Division 22. WTP — Water Treatment Plant 23. WRF — Water Reclamation Facility 24. WWTF- Wastewater Treatment Facility IV. Performance (Work Plan and Requirements): Planning Project Work Plan Goal #1: To improve water quality in Weld County by facilitating the repair of flood damaged or lost private onsite wastewater treatment systems (OWTS) damaged in the September 2013 flood. Objective #1: No later than June 30, 2016, complete the repair of flood damaged on -site wastewater treatment systems for up to 4 Weld County homeowners. Budget Primary Activity #1 The contractor shall accept applications for the repair of up to 4 flood damaged on -site wastewater systems, review submittals, perform site evaluations, and inspections of construction. $3,400 Page 1 of 3 Exhibit B -Statement of Work WQCD - May 2013 REVISED EXHIBIT B Sub -Activities #1 1. Issuance of approval and permits for work to be performed. t,..'_y .;-, ..... -m n ..,; .�__-., ..' Budget Primary Activity #2 The contractor shall facilitate repair or replacement of up to 4 on -site wastewater treatment systems (OWTS) that were damaged or destroyed by the September 2013 flood. $101,600 1. The contractor shall obtain all necessary permits and utility ocates for the work. Sub -Activities #2 2. The contractor shall ensure that the installations meet all applicable codes and permit requirements. 3. The contractor shall ensure that the necessary inspections and sign -offs are obtained for each individual property improvement(s). 1. The content of electronic documents located on CDPHE and non-CDPHE websites and information contained on CDPHE and non-CDPHE websites may be updated periodically during the contract term. The contractor shall monitor documents and website content for updates and comply with all updates. 2. The contractor shall ensure this award is not a duplicate of benefits with any other funding programs utilized. 3. The contractor shall utilize a registered, licensed Professional Engineer to develop and certify any necessary design documents for construction or soils testing required for the repairs. 4. The Contractor shall comply with the State of Colorado Design Criteria for Domestic Standards and Wastewater Treatment Works. This document is incorporated and made part of this SOW by reference and is available on the following website: Requirements https://www.colorado.gov/pacific/sites/default/files/WQ-ENG-WQCD 20120915 WPC -DR - 1 WW Design Criteria Final.pdf. The contractor shall procure all required permits for construction. 5. All OWTS installed will be required to meet the standards outlined in Weld County's OWTS Regulations, as approved by the Water Quality Division of the Colorado Department of Public Health & Environment (CDPHE). 6. The contractor shall reimburse installers and engineers for OWTS permit, design, and installation costs up to a maximum of $26,250.00 per site. 7. All contractors completing repairs must hold a current Weld County systems contractor license. 1. Up to 4 on -site wastewater systems located in Weld County will be repaired or replaced, improving water quality. Expected Results of the Activity Measurement of 1. The number of flood -damaged OWTS permits issued and the number of OWTS permits with final approval will be tracked in a database. Expected Results 2. The total cost and costs for each OWTS permit, OWTS repair/replacement, the total cost, and individual cost will be tracked. ,..... '... ._ . -< .., .. n �.,.. ..... . ..... ..."! ::e.•, Completion Date Deliverables 1. The contractor shall submit all permitting documentation via At time of reimbursement Page 2 of 3 Exhibit B -Statement of Work WQCD - May 2013 REVISED EXHIBIT B email to the CDPHE Project Manager request, and no later than January 1, 2016 2. The contractor shall complete construction and all funds expended No later than June 30, 2016 3. The contractor shall submit the final inspection sign -off for each individual property improvement. At time of reimbursement request, and no later than June 30, 2016 4. The contractor shall submit a quarterly progress report form, as provided by CDPHE, identifying progress made on the design and construction via email to the CDPHE Project Manager. No later than October 15, January 15, April 15, July 15 throughout the contract period 5. The contractor shall submit a final report as provided by CDPHE for each activity listed above, including final inspection documentation, via email to the CDPHE Project Manager. No later than 30 days following final completion V. Monitoring: CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the CDPHE Project Manager. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports and other fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract. VI. Resolution of Non -Compliance: The Contractor will be notified in writing within 10 calendar days of discovery of a compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the CDPHE Project Manager and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of this contract. Page 3 of 3 Exhibit B -Statement of Work WQCD - May 2013 REVISED EXHIBIT C Project Budget To Contract Dated 5/10/2016 — Contract Routing Number 16 FEGA 90711 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. Entity Name: Weld County Project Activity Budget 1. Receive and review private site applications, review submittals, perform site evaluations, and inspection of construction. $3,400 2. Repair or replacement of on -site wastewater treatment systems $101,600 Total Project Cost: $105,000 To be attached to CDPHE Version 1.0 (3/12) contract template Page 1 of 1 Revised: 07/17/12 Hello