HomeMy WebLinkAbout20143368.tiff RESOLUTION
RE: APPROVE TASK ORDER CONTRACT FOR REPAIR/REPLACEMENT OF SEPTIC
SYSTEMS DAMAGED IN 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 a Task Order Contract 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 upon approval of the State
Controller, and ending June 30, 2016, with further terms and conditions being as stated in said
task order contract, and
WHEREAS, after review, the Board deems it advisable to approve said task order
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 Task Order Contract for Repair/Replacement of Septic Systems
Damaged in 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
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 contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
C� WELD COUNTY, COLORADO
ATTEST: `/
EQ. Vouglas1Rademache ))Chair
Weld County Clerk to the B./d � V r
I MI �Y;,:. .rbara Kirkmey , Pro-Tem/
c
D nI y Clerk to he Boa 4 4 ' r
� (� °Q e Sean P. Conway •
AP ORM: ��I ' . ciLc J
: :FoarciT
ke
my Attorney
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/Date of signature:
C0 1-/L ! 2014-3368
HL0044
1g61 Memorandum
TO: Douglas Rademacher, Chair
c O U N T y Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH, Executive Director
Department of Public Health & Environment
DATE: October 27, 2014
SUBJECT: New Task Order Contract for the Repairs/
Replacement of Weld County Septic Systems
Damaged by the September 2013 Floods
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and the Board of County Commissioners of Weld County on
behalf of the Weld County Department of Public Health and Environment.
The contract term will begin immediately upon approval by the State Controller and end June
30, 2016. The total contract amount is$405,000, all of which is State funds.
Under the provisions of this Task Order Contract, the WCDPHE will reimburse owners of flood
impacted properties that need to repair or replace their septic system. We are able to repair
up to 30 systems at $13,500 per system (including permit fee) for applications received after
this contract begins.
This new Task Order Contract with CDPHE for the Repairs/Replacement of Weld County Septic
Systems Damaged by the September 2013 Floods was approved for placement on the agenda
by the Board via pass-around dated October 21, 2014.
I recommend approval of this new Task Order Contract with CDPHE for the
Repairs/Replacement of Weld County Septic Systems Damaged by the September 2013 Floods.
2014-3368
e
DISP.AIYPNMFNr OF PUBLIC IFALT1 I AM)I?NVIRONMI'N'1'
CMS ROUTING NO.15 FEGA 73%4
APPROVED TASK ORDER CONTRACT—WAIVER #154
This Task Order Contract is issued pursuant to Master Contract made on 01/17/2012,with routing number 13 FAA 00051
coNTRA(.IOR:
State of Colorado for the use&benefit of the Board of County Commissioners of Weld County
Department of Public Health and 915 10ih Street
Environment Greeley,Colorado 80632-0758
Water Quality Control Division for the use and benefit of the
Grants and Loans Unit Weld County Department of Public Health and
4300 Cherry Creek Drive South Environment
1555 North 17 Avenue
Denver, Colorado 80246
Greeley,Colorado 80631
TASK ORDER MADE DATE: CONTRACTOR ENTITY IYPIi.
09/23/14 Colorado Political Subdivision
CORK I.NCLNIBRANCI,NI N1131:R:
Y�CsAaol5nIThe.CWINOOOoos
'TERM: BILLING SI'Nl(MF.NTS RITEIVIA):
This Task Order shall be effective upon Monthly
approval by the State Controller,or designee,
or on 10/01/2014,whichever is later. The STATUTORY ALITIOItIIY.
Task Order shall end on 06/30/2016. I louse Bill 14-1002
PRICE STRUCTURE: CONTRACT PRICE:NOT TO I ACIiIu):
Cost Reimbursement $405,000.00
I'ROCLREMI(NT\IICTI MD. FEDER\I.FUN DI NG DOLLARS: $0.00
Exempt stern:FUNDING DOLLARS. $405,000.00
BID/RI.I LIST PRICE AGM TAUNT NU\IBlflt MAXIMUM AMOUNT AVAILABLE PER FISCAL.YI:A R:
REA FY 15-16: $405,000.00
LAW SI'SCIPIEl)VENDOR S1'ATUTIl:
Not Applicable
•
s.r.vm It'PRI SENT\IVI. CONIR:\CTOR RI PRI SI'N r:\TIVP.:
Michael S.Beck Lauren Light
Department of Public Health and Environment Weld County Department of Public Health and
Water Quality Control Division Environment
Grants and Loans Unit 1555 North 17th Avenue
4300 Cherry Creek Drive South Greeley,Colorado 80631
Denver,CO 80246
SCOPE(IL WORK:
The project consists of the repair or replacement of flood damaged private onsite wastewater
treatment systems.
Contract_Template_Task_Order_070714 Page I of 6
X LI330f
EXHIBITS: I'
The following exhibits are hereby incorporated:
Exhibit A- Additional Provisions (and its attachments if any—e.g.,A-1,A-2,etc.)
Exhibit B- Statement of Work(and its attachments if any—e.g.,B-1,B-2,etc.)
Exhibit C - Budget (and its attachments if any—e.g.,C-1,C-2,etc.)
GENERAL PROVISIONS
The following clauses apply to this Task Order Contract. Thesegeneral clauses may have beenexpanded upon or made
PP Y
more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task
Order Contract provide more specificity than these general clauses,the more specific provision shall control.
1. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract
including,but not limited to,Exhibit One thereto. The total term of this Task Order Contract,including
any renewals or extensions,may not exceed five(5)years. The parties intend and agree that all work shall
be performed according to the standards,terms and conditions set forth in the Master Contract.
2. In accordance with section 24-30-202(1),C.R.S.,as amended,this Task Order Contract is not valid until it
has been approved by the State Controller,or an authorized delegee thereof. The Contractor is not
authorized to,and shall not;commence performance under this Task Order Contract until this Task Order
Contract has been approved by the State Controller or delegee. The State shall have no financial obligation
to the Contractor whatsoever for any work or services or,any costs or expenses,incurred by the Contractor
prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order
Contract on or before its proposed effective date,then the Contractor shall commence performance under
this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order
Contract after its proposed effective date,then the Contractor shall only commence performance under this
Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through
and including the date specified on page one of this Task Order Contract,unless sooner terminated by the
parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract.
Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of
the terms and conditions of this Task Order Contract.
3. The Master Contract and its exhibits and/or attachments are incorporated herein by this reference and made
a part hereof as if fully set forth herein. Unless otherwise stated,all exhibits and/or attachments to this Task
Order Contract are incorpul ated herein and made a part of this Task Order Contract. Unless otherwise stated,
the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event
of conflicts or inconsistencies between the Master Contract and this Task Order Contract(including its exhibits
and/or attachments),or between this Task Order Contract and its exhibits and/or attachments,such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority: I)the
Connect_Template_Task_Order_070714 Page 2 of 6
Special Provisions of the Master Contract;2)the Master Contract(other than the Special Provisions)and its
exhibits and attachments in the order specified in the Master Contract;3)this Task Order Contract;4)the
Additional Provisions-_Exhibit A,and its attachments if included,to this Task Order Contract; 5) the
Scope/Statement of Work-Exhibit B,and its attachments if included,to this Task Order Contract;6)other
exhibits/attachments to this Task Order Contract in their order of appearance.
4. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task Order
Contract, shall perform and complete, in a timely and satisfactory manner,all work items described in the
Statement of Work and Budget, which are incorporated herein by this reference,made a part hereof and
attached hereto as"Exhibit B"and"Exhibit C".
5. The State, with the concurrence of the Contractor, may,among other things,prospectively renew or extend
the term of this Task Order Contract, subject to the limitations set forth in the Master Contract, increase or
decrease the amount payable under this Task Order Contract,or add to,delete from,and/or modify this
Task Order Contract's Statement of Work through a contract amendment. To be effective,the amendment
must be signed by the State and the Contractor,and be approved by the State Controller or an authorized
delegate thereof. This contract is subject to such modifications as may be required by changes in Federal
or State law,or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set
forth herein.
6. The conditions,provisions,and terms of any RFP attached hereto, if applicable,establish the minimum
standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's
Proposal, if attached hereto,or any attachments or exhibits thereto,or the Scope/Statement of Work-
Exhibit B,establishes or creates standards of performance greater than those set forth in the RFP,then the
Contractor shall also meet those standards of performance under this Task Order Contract.
7. STATEWIDE CONTRACT MANAGEMENT SYSTEM[This section shall apply when the Effective
Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is$100,000 or
higher]
By entering into this Task Order Contract,Contractor agrees to be governed, and to abide,by the
provisions of CRS §24-102-205, §24-I02-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning
the monitoring of vendor performance on state contracts and inclusion of contract performance information
in a statewide contract management system.
Contractor's performance shall be evaluated in accordance with the terms and conditions of this Task Order
Contract, State law, including CRS §24-103.5-10I,and State Fiscal Rules, Policies and Guidance.
Evaluation of Contractor's performance shall be part of the normal contract administration process and
Contractor's performance will be systematically recorded in the statewide Contract Management System.
Areas of review shall include,but shall not be limited to quality,cost and timeliness.Collection of
information relevant to the performance of Contractor's obligations under this Task Order Contract shall be
determined by the specific requirements of such obligations and shall include factors tailored to match the
requirements of the Statement of Project of this Task Order Contract. Such performance information shall
be entered into the statewide Contract Management System at intervals established in the Statement of
Project and a final review and rating shall be rendered within 30 days of the end of the Task Order Contract
term.Contractor shall be notified following each performance and shall address or correct any identified
problem in a timely manner and maintain work progress.
Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the
performance measures established under the Statement of Project,the Executive Director of the Colorado
Department of Personnel and Administration(Executive Director),upon request by the Colorado
Department of Public Health and Environment and showing of good cause, may debar Contractor and
Contract_Template_Task_Order_070714 Page 3 of 6
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prohibit Contractor from bidding on future contracts.Contractor may contest the final evaluation and result
by:(i)filing rebuttal statements,which may result in either removal or correction of the evaluation(CRS
§24-105-102(6)),or(ii)under CRS §24-105-102(6),exercising the debarment protest and appeal rights
provided in CRS §§24-109-106, 107,201 or 202,which may result in the reversal of the debarment and
reinstatement of Contractor,by the Executive Director,upon showing of good cause.
8. If this Contract involves federal funds or compliance is otherwise federally mandated,the Contractor and
its agent(s)shall at all times during the term of this contract strictly adhere to all applicable federal laws,
state laws,Executive Orders and implementing regulations as they currently exist and may hereafter be
amended.Without limitation,these federal laws and regulations include the Federal Funding
Accountability and Transparency Act of 2006(Public Law 109-282),as amended by§6062 of Public Law
110-252,including without limitation all data reporting requirements required there under. This Act is also
referred to as FFATA.
Contract_Template_Task_Order_070714 Page 4 of 6
1
4
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* 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: STATE OF COLORADO:
Board of County Commissioners of Weld John W.Hickenlooper, GOVERNOR
County
915 10'"Street
Greeley,Colorado 80632-0758
for the use and benefit of the
Weld County Department of Public Health and
Environment
Legal Name of Contracting Entity 1q/1'
OCT Z 9 2014 For Executive Director
Date
Department of Public Health and Environment
Signature of Authori Officer l� •T
Douglas Rademacher
Print Name of Authorized Officer
Department 2Apirtie
Chair, Board of Weld County By
Print Title of Authorized Officer
Commissioners
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.
STATE CONTROLLER:
Robert Jams,CPA,MBA,JD
1 ,
By /�
Date t 4 fit
Contract— P Tem late—Task—Order— Page Pa e 5 of 6
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
len ctm
Controller Department Head
APP AS TO FORM:
i ty Attorney
♦
EXHIBIT A
ADDITIONAL PROVISIONS
To Contract Dated 09/23/2014-CMS Contract Routing Number 15 FECA 73564
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
1. To receive compensation under the Contract, the Contractor shall submit a signed Monthly
CDPHE Reimbursement Invoice Form. This form is accessible from the CDPHE internet website
http://www.colorado.gov/cs/Satellite/CDPHE-Main/CBON/1251622941228 and is incorporated
and made part of this Contract by reference. CDPHE will provide technical assistance in
accessing and completing the form. The CDPHE Reimbursement Invoice Form and Expenditure
Details page must be submitted no later than forty-five(45)calendar days after the end of the
billing period for which services were rendered. Expenditures shall be in accordance with the
Statement of Work and Budget
The Contractor shall submit the following documentation with the completed CDPHE
Reimbursement Invoice Form and Expenditure Details page; all applicable invoices to
substantiate the amount being requested.
Scan the completed and signed CDPHE Reimbursement Invoice Form and supporting
documentation into an electronic document. Email the scanned invoice and Expenditure Details
page and supporting documentation to: Diane McAfee Grants and Loans Unit(GLU)
Administrative Assistant, diane.mcafee@state.co.us. Also, courtesy copy your GLU project
manager.
Final billings under the Contract must be received by the State within a reasonable time after the
expiration or termination of the Contract; but in any event no later than forty-five(45)calendar
days from the effective expiration or termination date of the Contract.
Unless otherwise provided for in the Contract,"Local Match", if any, shall be included on all
invoices as required by funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching
requirements unless approved in writing by the appropriate federal agency.
2. Time Limit For Acceptance Of Deliverables.
a. Evaluation Period. The State shall have ninety(90)calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable,except for those deliverables
that have a different time negotiated by the State and the Contractor.
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable,or is otherwise deficient,then the State shall notify
the Contractor of the failure or deficiencies, in writing,within thirty(30)calendar days of: I)the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery;or 2)the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State's
fiscal rules.
Exhibit_A_Additional_Provisions_070714 Page 1 of 2
6
EXHIBIT A
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable,the Contractor shall have a reasonable period of time,not to exceed thirty(30)
calendar days,to correct the noted deficiencies.
3. Health Insurance Portability and Accountability Act(HIPAA)Business Associate Determination.
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
4. The Contractor shall request pre-approval from CDPHE Project Manager for budget activity redistribution
over$5,000.00.
5. The Contractor shall submit the following documentation with the completed CDPHE Reimbursement
Invoice Form and Expenditure Details page for monthly invoicing;Back-up invoices for expenditures and
project documentation as approved in Exhibit B.
Exhibit_A_Additional_Provisions_070714 Page 2 of 2
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EXHIBIT B
STATEMENT OF WORK
To Contract Dated 09/23/2014-CMS Contract Routing Number 15 FEGA 73564
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
I. Entity Name: Weld County
Term: October 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. POTW-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 30 Weld Countjv homeowners.
177 Budget
Budget
Page I of 3
Exhibit B-Statement of Work
WQCD-May 2013
L -
EXHIBIT B
The contractor shall accept applications for the repair of up to
30 flood damaged on-site wastewater systems,review $22,500
Primary Activity#1 submittals,perform site evaluations,and inspections of
construction.
1. Issuance of approval and permits for work to be performed.
Sub-Activities#1
Primary Activity#2 Budget
The contractor shall facilitate repair or replacement of up to 30
on-site wastewater treatment systems(OWTS)that were $382,500
damaged or destroyed by the September 2013 flood.
1. The contractor shall obtain all necessary permits and utility locates for the work.
2. The contractor shall ensure that the installations meet all applicable codes and permit
Sub-Activities#2 requirements.
3. The contractor shall ensure that the necessary inspections and sign-offs are obtained for each
individual .ro.e im.rovement s .
I. 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 utilize the state's design criteria for wastewater systems.
Standards and
5. The contractor shall procure all required permits for construction.
Requirements
6. 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).
7. The contractor shall reimburse installers and engineers for OWTS permit,design,and
installation costs up to a maximum of$12,750.00 per site.
8. All contractors completing repairs must hold a current Weld County systems contractor
license.
9. All work must be com.leted,and final ins ction a..roved,no later than June 30,2016.
I. Up to 30 on-site wastewater systems located in Weld County will be repaired or replaced,
improving water quality.
Expected Results of
the Activity
I. The number of flood-damaged OWTS permits issued and the number of OWTS permits with
Measurement of 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.
Completion Date
1. The contractor shall submit all permitting documentation via At time of reimbursement
Deliverables
email to the CDPHE Project Manager request,and no later than
January 1,2016
Page 2 of 3
Exhibit B-Statement of Work
WQCD-May 2013
•
EXHIBIT B
2. The contractor shall complete construction and all funds No later than June 30,2016
expended
3. The contractor shall submit the final inspection sign-off for At time of reimbursement
each individual property improvement. request,and no later than
June 30,2016
4. The contractor shall submit a quarterly progress report form, No later than October 15,
as provided by CDPHE, identifying progress made on the January 15,April 15,July 15
design and construction via email to the CDPHE Project throughout the contract
Manager. period
5. The contractor shall submit a final report as provided by No later than 30 days
CDPHE for each activity listed above, including final following final completion
inspection documentation,via email to the CDPHE Project
Manager.
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
0 .
EXHIBIT C
Project Budget
To Contract Dated 09/23/2014-CMS Contract Routing Number 15 FEGA 73564
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, $22,500
perform site evaluations,and inspection of construction.
2. Repair or replacement of on-site wastewater treatment systems $38200
Total Project Cost: $405,000
To be attached to CDPHE Page 1 of 1 Revised:07/17/12
it
Version 1.0(3/12)contract template
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