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Home My WebLink AboutC79-09 Department of Local AffairsPgrrn 6 -AC -02A "D C), DEPARTMENT OR AGENCY NUMBER 32 00 00 CONTRACT ROU NG NUMBER _79- J� �[ CONTRACT THIS CONTRACT, made thisayof , —M-" 19771 by and between the State of Colorado for the use and benefit of the Department of _T int-- a A f f;3 I r s hereinafter referred to as the State, and -2 County of Eagle, Colorado 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 ayment in Fund Number. 1001 G/L Account Number- 53097, Contract Encumbrance Number__jS 8 5 0 and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies-. and WHEREAS, *3funds for Land Use Supplemental Planning have been appropriated to the Department of Local Affairs in H.B. 1252 (1978) contingent upon being matched by local government funds or new in-kind effort of equal amount, and WHEREAS, the Department of Local Affairs now desires to distribute these funds to various units of local governments who have applied for these funds and who can provide the required matching funds. NOW THEREFORE, it is hereby agreed that 1. *4 Area Covered. The Contractor shall perform all the neces— sary services provided under this Contract in connection with and respecting the following area or areas, herein called the'Vlanning Area": 2. Scope of Services. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated on the attached Exhibit A, Work Program and Budget Projections. 3. Time of Performance. The services of the Contract shall commence as soon as practicable after the execution of this Contract and shall be undertaken in such sequence as to assure completion of this Contract by one year from the above date of Contract. 4. Compensation. The one half of all eligible Ten "Thousand State agrees to reimburse the Contractor project costs up to but not exceeding ng dollars (_10,0_00 ). Such compensation represents the State's share from Land Use Supplemental Planning Funds of a total project of Twon+%/ Thnticnnd dollars 20,000 ), including Ten Tho Usand -- — ------------------------------------- ----------------- = ------- dollars ( 10,000 in matching funds from the (,'ntjnty,nf Eagle for a total project amount of Twenty Thnus;and dollars ( 20,000 ) - Page I of 4 pages *(See instructions on reverse of last page.) 5. Method of Payment. The State shall make such reimbursement to the Contractor upon approval of expenses by the Area Representative. Such billing may be filed at any time and shall certify that the Contractor has performed according to Fxhibit.A, Scope of Services, Work Program and Budget Projections. se 6. Responsible Land Use Administrator. The performance of the services required hereunder will be under the direct supervision of Terrill Knight , who is hereby designated as the administrator -in - charge of this work program. At any time the administrator-in-chargelis not assigned to this project, the Contractor shall immediately notify the State and work shall be suspended on the project until an administrator -in -charge has been so assigned who is acceptable to the State. 7. 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 State. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. 8. Termination of Contract 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, agree- ments, or stipulations of this Contract, the State 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 (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. 9. Termination for Convenience of State. The State may terminate this Contract any any time by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 8 above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty (60) percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 8 hereof relative to termination shall apply. 10. Changes. The State 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 State and Contractor, shall be incorporated in written amendments to this Contract. 11. Public Information Hearing. To satisfy the general requirement that expenditures of public monies be reviewed publicly, an information hearing, covering Supplemental Fund work program and projected budget shall be held during the twelve (12) months of the contract period. 12. Reports. One copy of all reports prepared as a result of the project will be submitted to the Department of Local Affairs. Page 2 of 4 pages "D ' Form 6 -AC -02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such 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 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 ten 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 and rile with the official whose signature appears below for the State, a good and sufficient bond 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 for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcon- tractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of - any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. 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 (24-34-301, CRS 1973, as amended), 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: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical 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. (2) 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. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers', representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) 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. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not 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. page 3 of 4 pages I,tiCA11t,�° (7) In the event of the contractor's non-cotaapli anc:e with the non-discritnination clauses of this contract or with zany of such roles, regulations, or orders, this c,oritraet may be cancelled, tenninated or suspended in whole or in part and the contractor anay be dee laare.d ineligible for further State contracts in accordance with procedures, authotiged in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders pronwlgated 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 i:f April 16, 1975, or by rules, regulations, or orders promulgated in accord<uace therewith, or as otherwise provided by law. (8) i'lae contractor will include the protiisions of paragraphs (1) through (8) in every sub contract and sub -contractor 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 sub -contractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting --encs may direct, as a means of enforcing such provisions, including sanctions for non-cotnpliance; provided, however, that in the event the contractor becomes involved in, o* 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. COLOlUkDO LABOR PREFERENCE 6. Provisions of 8-17-101, & 102, CRS 1973.for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto 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. Nothin; 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, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is present. 9. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. County of Eagle, Colorado Board of Aunty Commissioners by: t /,- ��_°µ Danny williams, hairman w Attest: nette Phil 1 74Ts—,Couy STAT ORADO RICH. RD D. A-111,; O;, "ER AOR By —EXECUTIVE DIRECTOR. DEPARTMEN,T OF LocalAffairs Clerk APPROVALS Page_! __which is the last of-- _paftes "See instructions on reverse side. SCOPE OF SERVICES WORK PROGI-%M AND Bf313MET PROJECTIONS I4ATER AND SEWER SYSTEM FEASBILITY BASALT/EL JEBEL AREA WORK PROGRAM Responsibility of Contractor Task # 1. Evaluate water availability and potential availability in the study area. 2. Design a concept plan for provision of a central water treatment and 3. 4. 5. �F 6. 7. 8. 9. 10. •11. distribution system. Evaluate alternatives for provision of water service by individual wells, isolated area water systems, and a central system. Evaluate costs and benefits of the various means of provision of water Evaluate sewage treatment alternatives ranging from individual site to small area to a single -central system. Design a concept plan for a central system or area systems and service lines which is most cost effective. Compare the advantages and disadvantages of various management entities. Include tinter and sanitation separately and in combination. Include management of existing and proposed systems. Contact existing agencies to compare activities and plans related to this study. Provide 50 copies of the completed study report along with attendant maps and charts and provide one copy of all information gathered by the contractor which relates to the study but not contained in the final report. For sewage treatment facilities, include capability for land treatment of effluent, treatment of septic tank sludge, phasing of construct -ion to meet demand, and cost effectiveness. For water treatment and distribution facilities, include capability for fire protection and use of water saving appliances. EMBIT . A Page 1 of pages Department of Local Affairs « No. 320000 Contract Routing No. EXHIBIT A Page 2 of Pages ('7) Department of Local Affairs - No. 320000 Contract Routing No. SCOPE Or S�,RVICFS I'RO(7,VA'i AND PRO.JFC;IONS BUDGET - BASALT / EL JEBEL AREA - s - STAFF Task # Engineer or other Support Travel and Total Professional Staff Expenses $37.50/hour $12.00/hour, Man firs. Cost Mian hrs. ' Cost 1 48 $1800.00 16 $192.00 $258.00 $2250.00 2 32 $•1200.00 25 $300.00 - $1500.00 3 20 $ 750.00 $ 750.00 4 20 $ 750.00 $ 750.00 ' 5 28 $1050.00 25 $300.00 $150.00 $1500.00 6 48 $1800.00 16 $192.00 $258.00 $2250.00 728 $1050.00 16 $192..00 $258.00 $1500.00 8•• 12 $ 450.00 20. $240:00 _$ 60.00 $ 750.00 .•9 26 $ 975.00 30 $360.00 $915.00 $2250.00 10 15 $ 562.50 12 $144.00 $ 43.50 $ 750.00 11. 15 $ 562.50 12 $144.00 $ 43.50 $ 750.00 Total 292 $10,950:00 172 $2,064.00 $1,986.00 $15,000.00 County Contribution $7,500.Q0 1041 Fund Contribution $7,500.00 EXHIBIT A Page 2 of Pages ('7) Department of Local Affairs - No. 320000 Contract Routing No. ITOG�IA'f AND !'AIDGET PROJECTIONS LAKE CRI - EI' AREA ,\ WORK' PROGRAM of Contractor Ta S k 11 1 Evaluate %.Iater availability and potential availability in the study area. 2. Design a concept plan for provision of a central water treatment and distribution system. 3. Evaluate alfernatives for provision Of water service by individual wells, isolated area water systems, and a central system. A. Evaluate costs and benefits of the various means of provision of water.. 5. Evaluate sewage treatment alternatives ranging from individual site systems to connection with the proposed Upper Eagle Valley Sanitation District. 6. Design a concept plari for the system shown -to be most cost effective. 7.. Compare the advantages and disadvantages of various management entities. Include water and sanitation separately and in.combination. Include - management of existing and proposed systems. ..8. Contact existing agencies to compare activities and plans related to this study. 9. Provide 50 copies of the completed study report along with attendant maps and charts and provide one'copy of all information gathered by the contractor which relates to the study but not contained in the final report. 10. For sewage treatment facilities, include 'capability for land treatment of effluent, treatment of septic sludge, phasing of construction to meet demand, and cost effectiveness. 11. For water treatment and distribution facilities, include capability for fire protection and use'of water saving appliances. Page I— of cages Npart-.,acut of Local Afrair3 No. 320000 Contract Routing No. Ea'HIBIT A Page of pages ' Depart::icut of Local Affairs -- No. 320000 Contract Routing No. SCOPE 011 s1-RUCr.s tlOiti; PRCCE ,1'.1 AND }tt;7c:.;;'1 PROJECTIONS BUDGET - LAKE CREEK AREA • STAFF •Task I/ Engineer or other Support: Travel and Total Professional Staff Expenses $37.50/hour $12.00/hour Man hrs. Cost Man hrs. Cost 1 = 16. $600.00 5 $ 60.00 $ 90.00 $750.00 2 10 $370.00 8 $ 96.00 $ 34.00 .$500.00 3 6 $225.00 $ 25.00 $250.00 4 6 $225.00 $ 25.00 $250.00 5 10 $370.00 8 $ 96.00 $ 34.00 $500.00 6 10 $370.00 8 $ 96.00 $ 34.00 $500..00 7 10 $370.00 8 $ 96.00 $ 34.00 $500,00- 8 3 $112.50 25 $300.00 $ 87.50 $500.00 .9 8 $300.00 5 $ 60.00 $390.00 $750.00 .10 6 $225.00 $ 25.00 $250.00 11 6 $225.00 $ 25.00 $250.00 Total` 91 $3,392.50 67 $804.00 $803.50 -5,000.00 County Contribution $2,500.00 1041 Fund Contribution $2,500.00 Ea'HIBIT A Page of pages ' Depart::icut of Local Affairs -- No. 320000 Contract Routing No.