HomeMy WebLinkAboutC88-089 NWCCOG Wastewater Treatment Alternatives StudyAGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
0
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
WASTEWATER TREATMENT ALTERNATIVES STUDY
C88 -89 -17
THIS AGREEMENT is made and entered into this day
of ` , 1988, by and between the COUNTY OF EAGLE, STATE
OF COYORADO, by and through its BOARD OF COUNTY COMMISSIONERS
( "Eagle County "), and NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
( "COG").
WHEREAS, COG entered into Contract No. C376531 with the
State of Colorado, Department of Health (the "State "), on
November 17, 1987, as subsequently amended on April 1, 1988 (the
amendment hereinafter being referred to as the "April 1st
Amendment" which is attached hereto as Exhibit 1 and made a part
hereof by this reference); and
WHEREAS, the April 1st Amendment allocates State funds
to COG for the coordination a study of wastewater treatment needs
and alternatives for Southwestern Eagle County, in cooperation
with Eagle County and 'the towns, special districts, and other
entities in the area which have or will require wastewater
conveyance or treatment facilities; and
WHEREAS, the scope of the wastewater alternatives study
required under the April 1st Amendment is described as follows:
1. Assess existing wastewater treatment facilities at the
El Jebel Mobile Home Park and the Mid - Valley Metropoli-
tan, Sopris Village Properties, Inc. Treatment plant
capacities should be reviewed and future needs
projected.
2. Evaluate alternatives for wastewater treatment and
potential consolidation of treatment facilities.
Expansion of existing facilities must be assessed as to
cost - effectiveness and consolidation of facilities must
also be reviewed as to costs and benefits. Recommenda-
tions shall be made concerning the most cost - effective
option(s).
� a N
3. Institutional issues shall be examined and viable
options presented as to management agencies, operating
agencies, and facility financing for existing plants or
consolidated arrangements, as may be appropriate.
WHEREAS, Eagle County is prepared to provide a study
entitled "El Jebel, Mid Valley, Sopris Village Regional Sewer
Service Study," which encompasses the above - described scope of
work as to the El Jebel Mobile Home Park, the Mid - Valley
Metropolitan, Sopris Village Properties, Inc. (the "Report "); and
WHEREAS, Eagle County is willing to provide, and COG
wishes to obtain from Eagle County the Report in consideration of
a portion of the funds allocated by the State pursuant to the
April 1st Amendment.
NOW, THEREFORE, in consideration of the mutual promises
herein contained, the parties hereto agree as follows:
1. Eagle County shall provide COG with the Report upon
the receipt of payment required in paragraph 2 hereunder.
2. COG shall pay Eagle County $10,000.00 as considera-
tion for the Report.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals on the day and year first above written.
ATTEST:
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: d k ��%
George Gates, Chairman
NORTHWEST COLORADO COUNCIL OF
GOVT nT.Tlr"XTm
By : � By:
Title
Ij
DEPARTMENT OR AGENCY NUMBER
260000
CONTRACWTG� UMBER
AMENDMENT #1 ✓� � �� ` ��y
CONTRACT
THIS CONTRACT, made this lst day of April, 1988, by and between the
State of Colorado for the use and benefit of the Department of Health, 4210
East 11th Avenue, Denver, Colorado 80220, hereinafter referred to as the
State, and Northwest Colorado Council of Governments, 409 Main Street, P.O.
Box 739, Frisco, Colorado 80443, hereinafter referred to as the contractor.
WHEREASI, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered
balance thereof remains available for payment in Fund Number 1001, GL Account
51847, Contract Encumbrance Number C376531; and
WHEREAS2, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS3 the State has entered into an agreement with the Contractor
for the provision of water quality planning tasks; and
WHEARAS4 the State has requested that the Contractor prepare a study
of wastewater treatment alternatives for the southwest portion of Eagle County;
WHEREAS5 it is the intention of the parties to amend the conditions
the original contract C376531 and to increase the amount of the contract by
ELEVEN THOUSAND DOLLARS ($11,000.00) to a new total of TWENTY -NINE THOUSAND
DOLLARS ($29,000.00) due to an additional item being added to the scope of
work, as set forth in Exhibit A, Item 3 as amended.
NOWTHEREFORE, it is hereby agreed that in consideration of their mutual
promises to each other, hereinafter stated, the parties hereto agree as
follows:
1. Consideration for this amendment to the original agreement
consists of the payments which shall be made pursuant to this
agreement and the promises and agreements herein set forth.
2. It is expressly agreed by the parties that this contract is
supplemental to the original agreement C376531 dated November
15, 1987, which is by reference made a part thereof, and all the
terms and conditions thereof, unless specifically modified
herein, are to apply to this contract and are made part of this
contract as though they were expressly rewritten, incorporated,
and included herein.
3. It is agreed that the original contract C376531 between the
State of Colorado for the use and benefit of the Department of
Health and the Northwest Colorado Council of Governments, shall
be, and is hereby modified, altered, and changed in the
following respects only:
a. By eliminating and striking out from the original contract
C376531, paragraph 2, the words Exhibit A, B, and C and
substituting the words Exhibits A, B, and C Revised; and
eliminating and striking out from paragraph 4 the words
Exhibit C and substituting the words Exhibit C Revised; and
by eliminating.-and striking out from paragraph 5 the words
Exhibits A and C "and substituting the words Exhibits A and
C Revised; and eliminating and striking out from paragraph
1.1 the words Exhibits A and B and substituting the words
-- Exhibits A and B Revised.
EXHIBIT
Page 1 of 5 Pages
• b. By the addition of Item 3 in Exhibit A, Item 3 in Exhibit
B, and Item 3 in Exhibit C as revised, which is attached
and by this reference made part thereof.
4. The effective date of this amendment is April 1, 1988.
5. In the event of any conflict, inconsistency, or incongruity
between the provision of this amendment and any of the
provisions of the original contract C376531, the provisions of
this amendment shall in all respects govern and control.
6. These additional funds are awarded to provide for the study of
wastewater facility needs in part of Eagle County.
Page 2 Of 5 pages
COLORADO DEPARTMENT OF HEALTH - hereinafter, under the General Provisions
referred to as "Health ".
GENERAL PROVISIONS
(1) The parties of this contract intend that the relationship between them
contemplated by this contract is that of employer- independent contractor. No
agent, employee or servant of Contractor shall be or shall be deemed to be an
employee, agent or servant of Health. Contractor will be solely and entirely
responsible for its acts and the acts of its agents, employees, servants and
subcontractors during the performance of this contract.
(2) At all times during the performance of this contract, the Contractor shall
strictly adhere to all applicable federal and state laws that have been or may
hereafter be established.
(3) Contractor authorizes Health to perform audits and to make inspections for
the purpose of evaluating performance under this contract.
(4) Either party shall have the right to terminate this agreement by giving the
other party thirty days notice by registered mail, return receipt requested. If
notice is so given, this agreement shall terminate on the expiration of the
thirty days, and the liability of the parties hereunder for the further
performance of the terms of this agreement shall thereupon cease, but the parties
shall not be relieved of the duty to perform their obligations up to the date of
termination.
(5) This agreement is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a written
contract executed and approved pursuant to the State Fiscal Rules.
(6) If this contract involves the expenditure of federal funds, this contract is
contingent upon continued availability of federal funds for payment pursuant to
the terms of this agreement. Contractor also agrees to fulfill the requirements
of Office of Management and Budget Circulars A -87 and A -102 or A -110, whichever
is applicable.
(7) To be considered for payment, billings for reimbursement pursuant to this
contract must be received within 60 days after the period for which reimbursement
is being requested and final billings on the contract must be received by the
State Health Department within 60 days after the end of the contract term.
(8) If applicable, Local Match is to be submitted on the monthly reimbursement
statements, in the column provided, as required by the funding source.
°- (9) If Contractor receives $25,000.00 or more per year in Federal funds in the
aggregate from Health, Contractor agrees to have an annual audit, by an
independent certified public accountant, which meets the requirements of Office
of Management and- Budget Circular A -128 or Office of Management and Budget
Circular A -110: Attachment F, whichever is applicable. Contractor agrees to
furnish one copy of the audit report to the Health Department Accounting Office
within 30 days of its issuance. Contractor agrees to take appropriate corrective
action within six months of the report's issuance in instances of noncompliance
with Federal laws and regulations. Contractor agrees to permit Health or its
agents to have access to its records and financial statements as necessary, and
further agrees to retain such records and financial statements for a period of
three years after the date of issuance of the audit report. This
contract does contain Federal funds as of the date it is signed. This
requirement is in addition to any other audit requirements contained in other
paragraphs within this contract.
(10) If applicable, Contractor agrees to not use Federal funds to satisfy Federal
cost sharing and matching requirements unless approved in writing by the
appropriate Federal Agency.
Page 3 of 5 Pages
Rev. 04/08/87
W6 712D
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 pay -
' ment of money by the State.
FUND AVAILABILITY
0
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 fifty thousand dollars for the construction, erection,
repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
works for this State, the contractor shall, before entering the performance of any such work included in this con-
tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -
half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety, conditioned for'the due and faithful performance of the contract, and in addition, shall provide
that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
visions, provendor 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 all 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. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38 -26 -106 CRS, as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including costs, expenses,
and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon-
tractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24 -34 -402.
CRS 1982 Replacement Vol.), 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 advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selec-
tion 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 con-
tracting 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 dis-
criminate 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.
395.53'01-1022' nnoe 4 „r 5
Form 6- AC -02C 0 (7),
(7) In the event of the contractor's non - compliance with the non - discrimination clauses of this con-
s tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or sus-
pended in whole or in part and the contractor may be declared ineligible for further State contracts in
-• accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and
such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders
promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph (1) through (8) in every sub - contract and
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with respect to
any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing
such provisions, including sanctions for non - compliance; provided, however, that in the event the con -
tractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result
of such direction by the contracting agency, the contractor may request the State of Colorado to enter
into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8 -17 -101 & 102, CRS 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.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be
allowed a preference against a non - resident bidder from a state or foreign country equal to the preference given or
required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this sub-
section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8 -19 -101 and 102, CRS).
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 incor-
porated herein by reference which provides for arbitration by any extra judicial body or person or which is other-
wise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special provision in whole or
in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or other-
wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of
this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable
federal and state laws, rules and regulations that have been or may hereafter be established.
9. The signatories 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), CRS 1978 Replacement Vol., and that no violation of such pro-
visions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
1 NORTH!•lEST COLORADO COUNCIL
Contractor: OF OVERNMENTS
(Full Legal m')
—r
Position (Title)
Social Security Number dF Federal I.D. Number
(If Corporation:)
Attest (Seal)
By«.,
Corporate Secretary, or Equivalent. Town/CitytCounty Clerk
ay
WX A111"
A.H. J U Ul- JAR.
STATE OF COLORADO
ROY ROMER, GOVER OR
B Y for the
•5 E EC IV DIRECTOR
DEPARTMENT
OF HEALTH
APPROVALS
CONTR LER
Byy \
JA E- S A. STROUP
General Legal Services
PROGRAM APPROVAL:
page 5 which n the la.t of 5 pages
395.53d1I•I030 IRevised irtlhl "See mstructarns on reverve fide. UL' IUi494.86
M
REVISED
EXHIBIT A
ITEM #3 Wastewater Treatment Study- Southwestern Eagle County
NWCCOG shall coordinate a study of wastewater treatment needs and
alternatives for Southwestern Eagle County, in cooperation with Eagle
County and the towns, special districts, and other entities in the area
which have or will require wastewater conveyance or treatment
facilities. Specific tasks of the study are as follows:
1) Assess existing wastewater treatment facilities at the E1 Jebel
Mobile Home Park, the Mid - Valley Metropolitian District, Sopris
Village Properties, Inc., and the Basalt Sanitation District.
Treatment plant capacities should be reviewed and future needs
projected.
2) Evaluate alternatives for wastewater treatment and potential
consolidation of treatment facilities. Expansion of existing
facilities must be assessed as to cost - effectiveness and
consolidation of facilities must also be reviewed as to costs
and benefits. Recommendations shall be made concerning the most
cost - effective option(s).
3) Institutional issues shall be examined and viable options
presented as to management agencies, operating agencies, and
facility financing for existing plants or consolidated
arrangements, as may be appropriate.
4) Amendments to the area -wide 208 water quality management plan
for Region 12 shall be prepared, based upon the outcome of the
study and it's recommendations. Such amendments or revisions
for Southwestern Eagle County shall be included in the 1988 208
plan update.
EXHIBIT B
Schedule of Outputs
ITEM 3. Wastewater Treatment Study- Southwestern Eagle County
Draft of study to WQCD June 1, 1988
Final report with recommendations September 1, 1988
EXHIBIT C
Budget
ITEM 3. Wastewater Treatment Study - Southwestern Eagle County
205(1) Funds
Salaries & Benefits
$7,000
Travel
500
Operating Costs,:
2,500
Total'
$10,000
Budee,t Summary - Original Contract
205(j) Contract Funds.;,- .'$18,000
Local Matching Funds
- t18,000
Total Project Costs =`
36,000
Budget Summary - Revised Contract
205(j) Contract Funds - $29,000
Local Matchin ,Funds - 29,000
Total Project Costs 58,000
Local Match Total
7,000 14,000
500 1,000
2,500 5,000
10,000 $20,000
