HomeMy WebLinkAboutresolution.council.057-05RESOLUTION NO..~
Series of 2005
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A
CONTRACT FOR GRANT FUNDING BETWEEN THE CITY OF ASPEN,
COLORADO AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT, AND AUTHORIZING THE CITY MANAGER OR MAYOR TO
EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been received by the City of Aspen a Contract between the
City of Aspen and the Colorado Department of Public Health and Environment, a copy of
which Contract is annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves a Contract between
the City of Aspen, Colorado and the Colorado Department of Public Health and
Environment, a copy of which Contract is annexed hereto, and does hereby authorize the
City Manager or Mayor of the City of Aspen to execute said Contract on behalf of the
City of Aspen in substantially the form as appended hereto.
rote:
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
tree and accurate copy of that resolutiO~ adopted by the City Council of the City of
Aspen Colorado, at a meeting held ~Z~ ~7 ,2005.
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Kathryn S. KWh; City Clerk
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Nonpoint Source/Section 319 Project Proposal
City of Aspen: Stormwater Treatment - Phase One
2.0 Statement of Need
2.1 Project Water Quality Priority and Problem
The City of Aspen, with a permanent population of approximately 6,000 and a peak population of 30,000,
is located 25 miles from the Roaring Fork River headwaters and is located within the Roaring Fork
Watershed. The Roaring Fork drains most of Pitkin County, flowing northwest to its confluence with the
Colorado River at Glenwood Springs. It contributes more water to the Colorado River than any other
stream in Colorado except for the Gunnison, yielding an average of almost 1,000,000 acre-feet per year.
The Water Quality Control Commission's adopted water quality standards and classifications for the
Roaring Fork River include Aquatic Life Class l Cold, Recreation Class 1 a, Water Supply, and
Agriculture. The Colorado Division of Wildlife designates the Roaring Fork as "Gold Medal" water from
the confluence with the Frying Pan River downstream to the Colorado River.
The City of Aspen has conducted extensive work over the past nine years, developing a comprehensive
stormwater management plan for the entire Aspen Mountain Drainage Basin, funded by developers in
partnership with the City. This effort grew out of incidents in 1983 and 1984 when portions of Aspen
Mountain began to move as a result of super-saturated soils. Subsequent mudslides in and near this area
caused property damage and emphasized the extent to which sediments impact the river. Detailed
engineering analysis has been completed by consulting engineers (WRC), documenting the amounts of
sediment and flow generated in each sub-basin, determining the amounts of sediment and other pollutants
expected to be removed, evaluating flood detention capabilities and designing treatment systems.
It is important to note that the City has studied the impacts from Aspen Mountain and determined it is not
a main soume of sediment in the majority of Aspen's storm events. This is partly due to the work that the
Aspen Skiing Company has done and continues to do on Aspen Mountain. Their work includes extensive
revegetation projects (including portions of the mountain cleared decades ago for ski runs), detention
ponds, swales and road monitoring and maintenance to prevent erosion and channeling, in an effort to
reduce sediment discharging offthe mountain.
The primary impact on the Roaring Fork River is from the physical loading of sediments. In Aspen's
typical urban runoff, sources include dirt carried into town from rural areas and road shoulders, dirt from
construction and remodeling projects, and winter street sand. Carried with the sediment are pollutants
such as pesticides and fertilizers from manicured lawns and oils and grease from the roads.
The City of Aspen has virtually no stormwater quality improvement features in its runoff system. A rapid
bioassessment conducted in 2004 on the Upper Roaring Fork River indicated that Aspen's urban runoff is
degrading the health of the river. Water samples collected during runoffevents have shown high total
suspended solids (TSS), oil and grease, heavy metals, and other pollutants in the runoff. Due to the lack
of proper treatment, all of these pollutants are impacting the river and watershed.
Aspen wants to take proactive measures, such as treatment and education, to improve its stormwater
management, as well as prevent 303d listing of the Upper Roaring Fork River. The City plans to use
innovative technology, including mechanical pretreatment sediment removal vaults designed with a swirl
grit chamber, as part of its stormwater treatment.
2.3 See attached GIS maps showing location and size of water body
2.5 Data available on Water Quality Problem
Extensive water quality monitoring has been conducted along the Roaring Fork River. Data collected by
the Roaring Fork Conservancy and City of Aspen show suspended sediment levels higher than the
national average during storm runoff events. In 2004, runoff from a storm event contained Total
Suspended Solids concentrations of 3815 mg/l, compared to the United States average for urban runoff of
150 mg/I. Recent rapid bioassessment (2004) conducted along Aspen's section of the Roaring Fork River
by the Stream Health Initiative, found significant embeddedness (cobbles embedded 35 to 50% with
sand), sedimentation, and a degraded macroinvertebrate population and diminished aquatic habitat. Data
collected by these groups indicate negative impacts from Aspen's stormwater runoff. See Appendix 1:
Rapid Bioassessment Report. A baseline Pollution Tolerance Index will be conducted prior to
installation of system to evaluate macroinvertebrate populations related to seasons.
A river is a continuum. Aspen is at the headwaters of the Roaring Fork River and several communities
downstream are dependent upon the quality and quantity of water in the river. How Aspen impacts the
river (positively or negatively) has a direct effect on the health of the river downstream. Pollutants
introduced from Aspen's untreated runoff accumulate as water moves downstream. Thus, the mst of the
communities along the Roaring Fork River have a greater watershed management challenge due to
Aspen's negative impact on the river.
Sediment is affecting the health of the river running through Aspen. Due to the degraded
macroinvertehrate population, fish populations have been negatively impacted and fishing activities are
minimal in Aspen. Guide companies are taking clients at least 30 miles downstream for fishing, effecting
Aspen's recreational economy.
3.0 Project Description
3.1 Environmental and Programmatic Goals
The City of Aspen has worked for many years developing a surface drainage master plan. It is the City's
goal to have a system for stormwater management and treatment. The creation of the Rio Grande and
Jenny Adair Storm Water Treatment Facilities is the first major component. However, to accomplish this
will require formation ofa stormwater utility and voter approval for the debt incurred by such a large
capitol improvement. The stormwater utility will include areas beyond the city limits of Aspen that
contribute sediment and runoff to the Roaring Fork River in Aspen. The City has just hired a consultant to
provide a complete set of recommendations for this process, including exact district boundaries and
detailed rate analyses.
The City of Aspen Environmental Health Department is applying for in this 319 grant application to fund
a small stormwater treatment facility that can be maintained with existing budgets once installed. By
installing a mechanical pretreatment vault and connecting it to a series of existing ponds the City can
begin cleaning a portion of Aspen's urban runoff while working through the details and approvals of the
larger system. Also, the City would be able to use this small system as a demonstration tool to the
community. It would show the benefits of funding a stormwater utility and stormwater treatment. Once
voter approval is obtained, this project will easily integrate with the final treatment facilities that will treat
the majority of Aspen's urban runoff.
The environmental and programmatic goals of this 319 Nonpoint Source Stormwater Treatment Project
are the following:
Environmental Goal: To achieve reduced sedimentation, embeddedness and improve macroinvertebrate
population in the section of the Roaring Fork River downstream of Aspen's east
outfall treatment system (490 acres of the Aspen Mountain Drainage Basin) by
removing 83,000 pounds of sediment per year. The City plans to utilize a
mechanical pretreatment sediment removal vault designed with a swirl grit chamber
connected to existing ponds for the annual removal of 83,000 Pounds of sediment.
Programmatic Goal: To provide an O&M Plan and evaluation document (70% TSS removal efficiency)
on the swirl chamber sediment removal technology that can be utilized throughout
Colorado, especially in mountain communities.
3.2 Objective/Tasks
Environmental Goal's Objective/Tasks:
Objective 1: Remove 83,000 pounds of sediment annually from Aspen s east outflo system.
Task 1: Complete final design of initial treatment section (the vault and connection to existing ponds).
Product: Final design (in progress)
Cost: $7,000
Task 2: Produce bid package, start bid process and select vendor
Product: Construction contract and documents
Cost: $3,000 '
Task 3: Install meqhanical pretreatment vault and connect to existing ponds.
Product: Functioning stormwater treatment system that removes 83,000 pounds of sediment/year.
Cost: $i 80,000
Task 4: Measure amounts of sediment removed from the mechanical pretreatment vault.
Product: A report showing amounts of sediment removed from vault.
Cost: $21,000
Objective 2: Determine whether decreased sediment loading from Aspen's urban runoff improved
sedimentation, embeddednass and macroinvertebrate population below Aspen's east outfall system.
Task 5: Conduct annual rapid bioassessment, Pollution Tolerance Index and in-steam water quality test
above and below Aspen's east ouffall system.
Product: River improvement Report.
Cost: $14,100
Programmatic Goal's Objective/Tasks
Objective 3: Develop an effective O&M plan for sediment removal vaults.
Task 6: Monitor vault operations (sediment levels after storm and snowmelt events, cleanings, etc.) to
optimize performance of vault.
Product: O&M document
Cost: $13,500
Objective 4: Evaluate the desired average removal efficiency of 70% TSS for the swirl chambered
sediment removal vault.
Task 7: Monitor TSS concentrations before and after vault during storm and snowmelt events.
Product: Evaluation document of vault performance and TSS removal efficiency.
Cost: $16,120
Administrative Tasks
Task 8: Write and submit semi-annual progress reports to Colorado Department of Public Health and
Environment (CDPHE).
Product: Required grant progress reports
Cost: $2,500
Task 9: Write and submit final report to CDPHE.
Product: Required final grant report
Cost: $2,000
3.3 Milestone Table (See Attached Table)
3.60&M of Stormwater Treatment System
The stormwater treatment system is designed to treat runoff up to a 2 year storm event. The system
includes two components, the mechanical sediment removal pretreatment vault and its connection to two
existing wet ponds. The vault is designed with a 70% TSS removal efficiency that utilizes: a swirl grit
chamber to capture settleable solids, an oil chamber and baffle wall which traps floatables, and a flow
control chamber to control water levels throughout a runoff event. The wet ponds will function as
additional sediment removal and polishing ponds. See Appendix 2: System Schematic.
Installation of the sediment removal vault will improve the functioning of the wet ponds and greatly
reduce the frequency with which they need to be cleaned. The ponds will be monitored and dredged on a
routine basis as necessary to enhance their performance.
Staffestimates that initial monitoring of the vault will be after each rain event resulting in 0.5 inches of
precipitation or greater as well as after extensive snowmelt events. The "measuring stick" method for
visual monitoring will be used to measure the level of sediment settled in chambers after the storm. TSS
composite samples and flow measurements will be used to measure TSS removal efficiency. Frequent
monitoring gives staff an opportunity to characterize the sediment loading for different types of storms,
compare level of sediment in vault with TSS removal efficiency, and select the best cleaning schedule for
the vault.
The Street Department will do the cleaning of the vault. It is anticipated a minimum of two cleanouts per
year will be required for optimum maintenance and efficiency. Although the City of Aspen sweeps its
main streets as soon as they are dry throughout the winter, due to sanding applications in the winter, one
of the cleanings will be scheduled during mid-winter. This will maximize sediment removal efficiency
during the period of high and (usually) sustained runoff during spring snowmelt. Additional cleaning will
be conducted if monitoring demonstrates a more frequent schedule is needed to ensure optimum
performance of the system (average removal efficiency of 70% TS S). Volume (stick method) and density
(scoop method) will be measured at time of cleaning to characterize the sediment removed.
After collecting the sediment, it will be taken to the City's sweeper/snow melt site to be dried and
disposed at the Pitkin County landfill. Currently, street sweeping material is being disposed of in this
manner. Existing staff in City departments can perform required cleaning and monitoring of the vault and
existing ponds.
4.0 Coordination Plan
4.1 Lead Project Sponsor
The City of Aspen has put together significant resoumes and studies to create this project as a way to
improve water'quality for the entire river basin. This project is being coordinated by the City's
Environmental Health Department. Together with other departments, they have designed this project to
embody the City goal of environmental excellence. The City of Aspen has hired Water Resource
Consultants Engineering as its design consultant and Black and Veatch as its stormwater rate consultant.
The Aspen Skiing Company (ASC), Roaring Fork Conservancy (RFC), and the Stream Health Initiative
have all partnered with the City on this project. The Aspen Ski Company contributes in the form of
maintenance and monitoring of sediment/runoff controls (detention ponds, runoff swales, road
maintenance to prevent channeling, etc.) on the Mountain as well as periodic revegetation projects on
impaired slopes. The Roaring Fork Conservancy will conduct seasonal PTI and provide technical support.
The Stream Health Initiative will conduct annual rapid bioassessment and technical support. (See
Attachment for Letters of Intent) (N~ I~/C-~4J ~p~ tN COo/,k~¢&~"lT'~
4.2 Local Support for the Project
The City of Aspen receives extremely high support from elected officials, citizens, the business
community as well as environmental not for profits. The City of Aspen has had several public meetings
on this project throughout its development and the design phase over a nine year period. The public
attending these meetings gave unanimous support for the project. The City of Aspen will continue to
work with the interested parties during the financial and construction phases. Aspen will continue
outreach through public meetings, the media, as well as through one on one contacts to educate the public
about nonpoint source pollution prevention.
A key component for the protection of the Roaring Fork River is the community. Aspen's citizens will be
asked in the near future to approve a utility district that will bill them for this protection. Until the district
is approved, the community's support is with their participation in our storm drain protection program.
They are the City's watch dogs for illegal discharges into our storm drains. Several notices have been
sent to illegal dischargers based on the information citizens have given us. Other education/enforcement
programs like this will continue to be developed for the protection of the Roaring Fork River.
5.0 Evaluation and Monitoring Plan (See Attached Table)
5.2 Watershed Monitoring Strategy/GIS Map for BMPS and Priority Treatment Areas
The City of Aspen has a history of monitoring the Roaring Fork River. As early as 1994, the City
collected river samples and tested for elements associated with Magnesium Chloride. Over time, the City
has revised its testing parameters based on deicers, impact assessments, and collaboration with the RFC
monitoring programs. Currently, the City has focused more on storm and runoff event sampling.
For watershed monitoring, City staff will continue to work with the Roaring Fork Conservancy and
Stream Health Initiative for stream health monitoring. City staff will conduct 24 storm and snowmelt
event TSS composite sampling at the vault and the system ouffall as well as 12 in-stream dry event water
quality testing throughout Aspen's section of the Roaring Fork River.
Visual and physical monitoring techniques will be used to evaluate the mechanical pre-treatment vault
and wet ponds outlined in the Section 3.6. Combining recorded flow data with TSS composite samples
from storm and snowmelt runoff, with measurements of amounts of sediment removed when vaults are
cleaned will provide two independent measures of the amount of sediment removed. Annual rapid
bioassessments and seasonal PTIs will be used to evaluate if the health of the river has improved or not.
See Appendix 2: Monitoring Map
6.0 Budget
6.1 Budget Table (See Attached Table)
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Drainage
To: Jannette Murison, Senior Environmental Health Specialist
City of Aspen, Environmental Health Department
Assessment results from the Stream Health Initiative, regarding the condition of the
Roaring Fork river through the City of Aspen, indicate that this reach is severely
degraded. Historic and current development has channelized the entire reach.
Commensurate with channelization has been the elimination of a functioning riparian
zone with the removal of most native streambank vegetation. Loss of riparian and stream
functions have resulted.
Aspen's urban runoff, unfiltered by riparian vegetation, has severely impacted stream
health. Consequences include increased nutrient loads from unfiltered runoff resulting in
massive algal blooms 1 to 2 cm in thickness that dominate stream biota. Sediment from
road runoff has contributed to sedimentation on 30 to 40% of the stream bottom and
pools filled with sediment. Channelization has increased stream energy in the
downstream direction to result in downstream erosion and sedimentation, and degraded
aquatic and terrestrial wildlife habitat.
Aquatic wildlife values are severely degraded due to the dominance of periphyton, high
embeddedness, and extensive sedimentation. Macroinvertebrate abundance and richness
are severely diminished. American Dippers, whose presence and abundance are
indicators of stream health, were absent from this reach.
Terrestrial wildlife values that are provided by riparian corridors, especially migratory,
breeding and refuge functions, have been severely compromised if not completely lost
due to the eradication of a naturally vegetated riparian zone.
Instream and riparian physical habitat conditions were evaluated using a modified version
of the EPA's Rapid Bioassessment Protocol for use in Streams and Wadeable Rivers, and
NRCS's Riparian Assessment developed in Montana. Macroinvertebrates and American
Dippers (Cinclus mexicanus) were also surveyed as biological indicators. Assessment
results found the following conditions in the Roaring Fork reach through Aspen:
1. Sedimentation and embeddedness
Sediment affects 30% to 40% of the stream bottom, deposition in pools is prevalent, and there is a
moderate amount of deposition of gravel and sand on point bars. Gravel and cobble are 35% to 50%
embedded with sand and sediment. Consequently, instream aquatic wildlife habitat potential is degraded.
2. Riparian zone degradation
Except for a few very small sections, riparian habitat has been eliminated or its composition and structure
has been greatly simplified. Consequently, riparian functions including wildlife habitat, energy dissipation,
and pollutant buffering are greatly diminished. Less than 50% ofstreambank surfaces are covered by
vegetation and only about 10% of that is native vegetation, the remainder of the banks have been armored.
Vegetation quality, with regard to ability to hold onto soil and water is very low (3 on a scale of I to 10
with 10 being highest) due to the preponderance of manicured bluegrass lawns. Less than 10% of the
riparian zone is dominated by riparian vegetation; only in these small areas are all age classes of woody
riparian species present to enable maintenance and recovery from natural perturbations.
3. Channelization
Channelization is extensive with shoring structures present on both banks along 80% of the reach. Some
energy dissipation does occur from instream boulders which provide an aspect of sinuosity to aid in energy
absorption. Due to riparian zone alteration, including vegetation removal and habitat simplification, energy
dissipation and sediment trapping functions are diminished.
4. Hydrologic alteration
Hydrologic alteration due to withdrawals and upland development contributes greatly to riparian and
stream degradation. A proliferation of roads and manicured lawns has altered the precipitation-infiltration
regime. Runoff is increased due to impermeable surfaces and carries with it pollutants from road runoff
including sediment. Upland development has resulted in the removal of native upland vegetation and also
soil compaction which further increases runo~'t: Thus precipitation runs offquickly to create flooding flows
that are "lost" downstream. Most of this runoffis unfiltered before entering the stream due to the
elimination of most of the riparian zone.
5. Macroinvertebrate Sampling
Macroinvertebrate sampling results indicate that the macroinvertebrate community throughout this reach is
altered compared to the reference reach. Through this reach pollution intolerant taxa, particularly EPT taxa,
decline in diversity and abundance, while the abundance of pollution tolerant individuals increases.
Significantly, the overall abundance of macroinvertebrates decreases in this reach.
Roaring Fork Segment 3, Reach 15:
Due to the low number of taxa, abundance, and unusual assemblage of macroinvertebrates compared to
reaches above and below this reach, numerous samplings were conducted at various location throughout the
reach.
Sampling 1: Location -N 39 11.558/106 48.926. Above Mill Street storm water culvert and across from
John Denver park
Total number of taxa: 6
Ratio of pollution intolerant to facultative to pollution tolerant individuals: 138:0:32
Ratio of pollution intolerant to faeultative to pollution tolerant taxa~ 3:0:3
Sampling 2: Location - N 39 11.620/106 49.059. Below Art Park discharge and above Mill Street storm
water culvert.
Total number of taxa: 7
Ratio of pollution intolerant to facultative to pollution tolerant individuals: 72:1:44
Ratio of pollution intolerant to facultative to pollution tolerant taxa: 5:1:1
Sampling 3: Location N39 11.708/W106 49.062.20 meters below Mill Street pedestrian bridge. Total number of taxa: 5
Ratio of pollufion intolerant to facultative to pollution tolerant individuals: 19:0:16
Ratio of pollution intolerant to faeultative to pollution tolerant taxa: 1:0:1
Sampling 4: Location N39 11.779/WI06 49.251.20 meters above Hunter Creek confluence. Total number of taxa: 6
Ratio of pollution intolerant to facultative to pollution tolerant individuals: 35:1:15
Ratio of pollution intolerant to facultative to pollution tolerant taxa: 2:1:3
Roaring Fork Segment 3, Reach 4 (Reference Reach)
Sampling Location: N39 08.605/W 106 46.582 (Difficult Campground)
Total number of taxa: 12
Ratio of pollution intolerant to faeultative to pollution tolerant individuals: 77:0:5
Ratio of pollution intolerant to faeultative to pollution tolerant taxa: 10:0:2
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
City of Aspen
Legal Name of Contracting Entity
Social Security Number or FEIN
STATE OF COLORADO:
BILL OWENS, GOVERNOR
By.
For Executive Director
Department of Public Health and Environment
Signature of Authorized Officer
Department Program Approval:
Print Name & Title &Authorized Officer
By
GOVERNMENTAL ENTITIES:
(An attestation and seal are required)
Attest (Seal) By
(Town/City/County Clerk or Equivalent)
(Place government seal here)
LEGAL REVIEW:
COLORADO DEPARTMENT OF LAW
OFFICE OF THE ATTORNEY GENERAL
By
Al,l~ CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until
the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be
obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Date
CDPHE Version 1.0 (4/04) Page 17 of 17 Revi~ed: 4/1/04
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
ROUTING NO. 06 FAA 00061
INTERGOVERNMENT CONTRACT
STATE:
CONTRACTOR:
State of Colorado for the use & benefit of the
Department o f Public Health and Environment
Water Quality Control Division, O&A Unit
4300 Cherry Creek Drive South
Denver, CO 80246
CONTRACT MADE DATE:
07/29/2005
PO/SC ENCUMBERANCE NUMBER:
PO FAA 06WQCOO061
TERM:
This contract shall be effective upon approval
by the State Controller, or designee, or on
08/17/2005, whichever is later. The contract
shall end on 07/31/2008.
City of Aspen
130 South Galena Street
Aspen, CO 81611
CONTRACTOR ENTITY TYPE:
Colorado Political Subdivision
CONTRACTOR FFMN OR SOCIAL SECURITY NUMBER:
BILLING STATEMENTS RECEIVED:
Monthly
STATUTORY AUTHORITY:
40 CFR Parts 31&35 Subpart A
CONTRACT PRICE NOT TO EXCEED:
$150,000.00
FEDERAL FUNDING DOLLARS: $150,000.00
STATE FUNDING DOLLARS: $0
Grant Specified Vendor
Not Applicable
Not Applicable
Bill McKee
WQCD - Nonpoint Source Program
4300 Cherry Creek Drive South
Denver, CO 80246
FY 06:$150,000.00
FY 07:$0
FY 08:$0
FY 09:$0
Cost Reimbursement
comv.~croR ~p~sF~rrArrm
Jannette Whitcomb
City of Aspen
130 South Galena Street
Aspen, CO 81611
This project will improve the health of the Roaring Fork River by annually removing 83,000
pounds of sediment from Aspen's urban runoff, provide an evaluation document on the swirl
chamber sediment removal vault as well as an Operation and Maintenance plan that can be
utilized by communities throughout Colorado, especially mountain communities.
CDPHE Version 1.0 (4/04) Page I of 17 Revised: 4/1/04
The following exhibits are hereby incorporated:
Exhibit A -
Exhibit B -
Exhibit C -
Additional Provisions (and any of its Attachments; e.g., A-l, A-2, etc.)
Statement of Work (and any of its Attachments; e.g., B-I, B-2, etc.)
Limited Amendment Template
COORDINATION:
The State warrants that required approval, clearance and coordination has been accomplished from and
with appropriate agencies. Section 29-1-203, C.R.S., as amended, encourages governments to make the
most efficient and effective use of their powers and responsibilities by cooperating and contracting with
each other to the fullest extent possible to provide any function, service, or facility lawfully authorized to
each of the cooperating or contracting entities.
APPROVAD
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
All State of Colorado contracts with its political subdivisions and other governmental entities
are exempt from the State of Colorado's personnel rules and procurement code.
PRICE PROVISIONS:
Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services and/or deliverables. The liability of the State
at any time for such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made
available, and a sufficient unencumbered balance thereof remains available for payment.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available.
CDPHE Version 1.0 (4/04) Page 2 of 17 Revised: 4/1/04
The following clauses apply to this contract. In some instances, these general clauses have been expanded upon in
other sections/exhibits of/to this contract. To the extent that other provisions of the contract provide more
specificity than these general clauses, the more specific provision shall control.
Governmental Immunity. Notwithstanding any other provision to the contrary, no term or condition of this
contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protection or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101
et. seq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for
injuries to persons or property arising out of negligence of the State of Coinrado, its departments, institutions,
agencies, boards, officials and employees is controlled and limited by the provisions of Sectiun 24-10-101
et.seq., CRS and the risk management statutes, Section 24-30-1501, et.seq., CRS as now or hereafter amended.
Federal Funds Contingency. Payment pursuant to this contract, if in federal funds, whether in whole or in
part, is subject to and contingent upon the continuing availability of federal funds for the purposes hereof.
In the event that said funds, or any part thereof, become unavailable, as determined by the State, the State
may immediately terminate this contract or amend it accordingly without liability including liability for
termination costs.
Billing Procedures. The State shall establish billing procedures and requirements for payment due the
Contractor in providing performance pursuant to this contract. The Contractor shall comply with the established
billing procedures and requirements for submission of billing statements. The State shall comply with CRS 24-
30-202(24) when paying vendors upon receipt of a correct notice of the amount due for goods or services
provided hereunder.
Exhibits - Interpretation. Unless otherwise stated, all referenced exhibits are incorporated herein and made a
part of this contract. Unless otherwise stated, the terms of this contract shall control over any conflicting terms
in any of its exhibits. In the event of conflicts or inconsistencies between this contract and its exhibits or
attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following
order of priority: 1) the Special Provisions of this Contract; 2) the Additional Provisions Exhibit A and its
attachments if included; 3) the Contract (other than the Special Provisions); 4) the RFP if applicable and
attached; 5) the Scope/Statement of Work Exhibit B and its attachments if included; 6) the Contractor's
proposal if applicable and attached; 7) other exhibits/attachments in their order of appearance.
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 Contract. If the Contractor's Proposal, if
attached hereto, or any attachments or exhibits thereto, or the Scope/Statement of Work Exhibit B, establish
or create standards of performance greater than those set forth in the RFP, then the Contractor shall also
meet those standards of performance under this Contract.
Notice and Representatives. For the purposes of this contract, the representative for each party is as designated
herein. Any notice required or permitted may be delivered in person or sent by registered or certified mail,
return receipt requested, to the party at the address provided, and if sent by mail it is effective when posted in a
U.S. Mail DepnsitoD' with sufficient postage attached thereto. Notice of change of address or change or
representative shall be treated as any other notice.
Contractor Representations - Qualifications/Licenses/Approvals/Insurance. The Contractor certifies that, at
the time of entering into this contract, it and its agents have currently in effect all necessary licenses,
certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered
by this contract in the state of Colorado. Proof of such licenses, certifications, approvals, insurance, etc.
shall be provided upon the State's request. Any revocation, withdrawal or non-renewal of necessary license,
CDPHE Version 1.0 (4/04) Page 3 of 17 Revised: 4/1/04
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certification, approval, insurance, etc. required for the Contractor to properly perform this contract, shall be
grounds for termination of this contract by the State.
Contractor certifies that it is qualified to perform such services or provide such deliverables as delineated in this
contract.
Legal Authority. The Contractor warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and
to lawfully authorize its undersigned signatory to execute this contract and bind the Contractor to its terms. The
person(s) executing this contract on behalf of the Contractor warrant(s) that such person(s) have full
authorization to execute this contract.
Insurance - Contractor. The Contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act (CGIA), section 24-10-101, et seq., C.R.S., as amended. Therefore, at all
times during the initial term of this Contract, and any renewals or extensions hereof, the Contractor shall
maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the CGIA. If requested by the State, the Contractor shall provide the State with written
proof of such insurance coverage.
Rights in Data, Documents and Computer Software or Other Intellectual Property. All intellectual property
including without limitation, databases, software, documents, research, programs and codes, as well as all,
reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by the
Contractor in the performance of its obligations under this contract shall be the exclusive property of the
State. Unless otherwise stated, all such material shall be delivered to the State by the Contractor upon
completion, termination, or cancellation of this contract. Contractor shall not use, willingly allow, or cause
to have such materials used for any purpose other than the performance of the Contractor's obligations
under this contract without the prior written consent of the State. All documentation, accompanying the
intellectual property or otherwise, shall comply with the State requirements which include but is not limited
to all documentation being in a paper, human readable format which is useable by one who is reasonably
proficient in the given subject area. Software documentation shall be delivered by Contractor to the State
that clearly identifies the programming language and version used, and when different programming
languages are incorporated, identifies the interfaces between code programmed in different programming
languages. The documentation shall contain source code which describes the program logic, relationship
between any internal functions, and identifies the disk files which contain the various parts of the code.
Files containing the source code shall be delivered and their significance to the program described in the
documentation. The documentation shall describe error messages and the location in the source code, by
page, line number, or other suitable identifier, where the error message is generated. The Contractor
warrants that the delivered software will be sufficiently descriptive to enable maintenance and modification
of the software. The State's ownership rights described herein shall include, but not be limited to, the right
to copy, publish, display, transfer, prepare derivative works, or Otherwise use the works.
If any material is produced under this Contract and the parties hereto mutually agreed that said material
could be copyrighted by Contractor or a third party, then the State, and any applicable federal funding
entity, shall, without additional cost, have a paid in full, irrevocable, royalty free, and non-exclusive license
to reproduce, publish, or otherwise use, and authorize others to use, the copyrightable material for any
purpose authorized by the Copyright Law of the Untied States as now or hereafter enacted. Upon the
written request of the State, the Contractor shall provide the State with three (3) copies of all such
copyrightable material.
Confidential or Proprietary Information. Subject to the Public (Open) Records Act, section 24-72-101, et
seq., C.R.S., as amended, if the Contractor obtains access to any records, files, or other information of the
State in connection with, or during the performance of, this Contract, then the Contractor shall keep all
such records, files, or other information confidential and shall comply with all laws and regulations
concerning the confidentiality of all such records, files, or information to the same extent as such laws and
regulations apply to the State. Any breach of confidentiality by the Contractor, or third party agents of the
Contractor, shall constitute good cause for the State to cancel this Contract, without liability to the State.
CDPHE Version 1.0 (4/04) Page 4 of 17 Revised: 4/1/04
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Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the
Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents
of the Contractor. Contractor shall protect the confidentiality of all information used, held, created or
received in connection with this Contract and shall insure that any subcontractors or agents of Contractor
protect the confidentiality of all information under this Contract. Contractor shall use and disclose
confidential information only for purposes of this Contract and for the operation and administration of the
Contractor. Contractor shall implement appropriate safeguards as are necessary to prevent the use of
disclosure of confidential information and shall maintain a comprehensive written information privacy and
security program that includes administrative, technical and physical safeguards for the electronic
transmission of confidential information which are appropriate to the size and complexity of the
Contractor's operations and the nature and scope of its activities. Contractor shall promptly notify the State
if Contractor breaches the confidentiality of any information covered by this Contract.
The Contractor must identify to the State the information that it considers confidential or proprietary. This is a
continuing obligation. Confidential or proprietary information for the purpose of this paragraph is information
relating to Contractor's research, development, trade secrets, business affairs, internal operations and
management procedures and those of its customers, clients or affiliates, but does not include information
lawfully obtained by third parties, information which is in the public domain, or information which is or could
have been acquired/developed independently by the State or a third party. Notwithstanding the foregoing, the
State shall not be in violation of its obligations under this section should it disclose confidential information if
such disclosure is, in the sole opinion of the State's legal counsel, required by applicable law and/or legal
process (including, but not limited to, disclosures required pursuant to the Colorado (Open) Public Records Act,
sections 24-72-201, et. seq, C.R.S., as now or hereafier amended). The State shall endeavor to provide notice to
the Contractor, as promptly as practicable under the circumstances, of any demand, request, subpoena, court
order or other action requiring such disclosure, in order to afford Contractor the opportunity to take such lawful
action as it deems appropriate to oppose, prevent or limit the disclosure, solely at its own instance and expense;
but nothing herein shall be construed to require the State to refuse or delay compliance with any such law, order
or demand.
Records Maintenance, Performance Monitoring & Audits. The Contractor shall maintain a complete file of
all records, documents, communications, and other materials that pertain to the operation of the
program/prnject or the delivery of services under this contract. Such files shall be sufficient to properly
reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and other costs of
whatever nature for which a contract payment was made. These records shall be maintained according to
generally accepted accounting principles and shall be easily separable from other Contractor records.
The Contractor shall protect the confidentiality of all records and other materials containing personally
identifying information that are maintained in accordance with this contract. Except as provided by law, no
information in possession of the Contractor about any individual constituent shall be disclosed in a form
including identifying information without the prior written consent of the person in interest, a minor's
parent, guardian, or the State. The Contractor shall have written policies governing access to, duplication
and dissemination of, all such information and advise its agents, if any, that they are subject to these
confidentiality requirements. The Contractor shall provide its agents, if any, with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitred.
The Contractor authorizes the State, the federal government or their designee, to perform audits and/or
inspections of its records, at any reasonable time during the term of this contract and for a period of six (6)
years following the termination of this contract, to assure compliance with the state or federal government's
terms and/or to evaluate the Contractor's performance. Any amounts the State paid improperly shall be
immediately returned to the State or may be recovered in accordance with other remedies.
All such records, documents, communications, and other materials shall be the property of the State unless
otherwise specified herein and shall be maintained by the Contractor in a central location as custodian for
the State on behalf of the State, for a period of six (6) years from the date of final payment or submission of
the final federal expenditure report under this contract, unless the State requests that the records be retained
for a longer period, or until an audit has been completed with the following qualification. If an audit by or
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on behalf of the federal and/or state government has begun but is not completed at the end of the six (6)
year period, or if audit findings have not been resolved after a six (6) year period, the materials shall be
retained until the resolution of the audit findings.
The Contractor shall permit the State, any other governmental agency authorized by law, or an authorized
designee thereof, in its sole discretion, to monitor all activities conducted by the Contractor pursuant to the
terms of this contract. Monitoring may consist of internal evaluation procedures, reexamination of program
data, special analyses, on-site verification, formal audit examinations, or any other procedures as deemed
reasonable and relevant. All such monitoring shall be performed in a manner that will not unduly interfere
with contract work.
Taxes. The State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal
Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. 39- 26-114(a)
and 203, as amended]. The Contractor is hereby notified that when materials are purchased for the benefit
of the State, such exemptions apply except that in certain political subdivisions the vendor may be required
to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or
use taxes will not be reimbursed by the State.
Conflict of Interest. During the term of this contract, the Contractor shall not engage in any business or
personal activities or practices or maintain any relationships which conflict in any way with the Contractor
fully performing his/her obligations under this contract.
Additionally, the Contractor acknowledges that, in governmental contracting, even the appearance of a
conflict of interest is harmful to the interests of the State. Thus, the Contractor agrees to refrain from any
practices, activities or relationships which could reasonably be considered to be in conflict with the
Contractor's fully performing his/her obligations to the State under the terms of this contract, without the
prior written approval of the State.
In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably
exist, the Contractor shall submit to the State a full disclosure statement setting forth the relevant details for
the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the
State's direction in regard to the apparent conflict shall be grounds for termination of the contract.
Further, the Contractor, and its subcontractors or subgrantees, shall maintain a written code of standards
governing the performance of its employees engaged in the award and administration of contracts. No
employee, officer, or agent of the Contractor, subcontractor, or subgrantee shall participate in the selection,
or in the award or administration ora contract or subcontract supported by Federal funds if a conflict of
interest, real or apparent, would be involved. Such a conflict would arise when:
The employee, officer or agent;
Any member of the employee's immediate family;
The employee's partner; or
An organization which employees, or is about to employ, any of the above,
has a financial or other interest in the firm selected for award. The Contractor's, subcontractor's, or
subgrantee's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of
monetary value from Contractor's potential contractors, or parties to subagreements.
Inspection and Acceptance (Services) and Contractor Warranty. The State reserves the right to inspect
services provided under this contract at all reasonable times and places during the term of the contract.
"Services" as used in this clause includes services performed or tangible material produced or delivered in
the performance of services. If any of the services do not conform with contract requirements, the State
may require the contractor to perform the services again in conformity with contract requirements, with no
additional payment. When defects in the quality or quantity of service cannot be corrected by re-
performance, the State may (1) require the contractor to take necessary action to ensure that the future
performance conforms to contract requirements and (2) equitably reduce the payment due the contractor to
CDPHE Version 1.0 (4/04) Page 6 of 17 Revised: 4/1/04
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16.
reflect the reduced value of the services performed. These remedies in no way limit the remedies available
to the State in the termination provisions of this contract, or remedies otherwise available at law.
Contractor warrants that all supplies furnished under this contract shall be free from defects in materials or
workmanship, are installed properly and in accordance with manufacturer recommendations or other
industry standards, and will function in a failure-free manner for a period of one (1) year from the date of
delivery or installation. Contractor shall, at its option, repair or replace any supplies that fail to satisfy this
warranty during the warranty period. Additionally, Contractor agrees to assign to the State all written
manufacturer warranties relating to the supplies and to deliver such written warranties to the State.
Adjustments in Price. Adjustments to contract prices are allowable only so long as they are mutually agreeable
by the parties and so long as they are included within a contract amendment made prior to the effective date of
the price adjustments and made pursuant to the State of Colorado Fiscal Rules, signed by the parties, and
approved by the State Controller or designee. The Contractor shall provide cost or pricing data for any price
adjustment subject to the provisions of the Cost or Pricing Data Section of the Colorado State Procurement
Rules. Any adjustment in contract price pursuant to the application ora clause in this contract shall be made in
one or more of the following ways:
By agreement on a fixed-price adjustment;
By unit prices specified in the contract;
In such other manner as the parties may mutually agree; or
In the absence of agreement between the parties, by a unilateral determination by the procurement
officer of the costs attributable to the event or situation covered by the clause, plus appropriate profit
or fee.
Contract Renewal, Extension, and Modification.
Limited Amendment. The State, with the concurrence of the Contractor, may prospectively renew
or extend the term of this Contract, or increase or decrease the amount payable under this Contract
through a "Limited Amendment" that is substantially similar to the sample form Limited
Amendment that is incorporated herein by this reference and identified as Exhibit C. To be
effective, this Limited Amendment must be signed by the State and the Contractor, and be
approved by the State Controller or an authorized delegate thereof. The parties understand that
this Limited Amendment shall be used only for the following:
II.
III.
To increase or decrease the level of funding during the current term of the Original
Contract due to an increase or decrease in the amount of goods and/or level of services
being provided based upon the existing Scope of Work and/or established pricing and/or
established Budget/pricing;
To revise specifications within the current Scope of Work and/or Budget that
increase/decrease the level of funding during the current term of the Original Contract;
To renew or extend the term of the contract with appropriate changes in the amount of
funding that results in a new total fmancial obligation of the State based upon:
IV.
(A)
(1~)
the same Scope of Work and pricing, or
revised specifications to the previously defined Scope of Work.
To make changes to the specifications to the original Scope of Work, project
management/manager identification, notice address or notification personnel, or the
period of performance, that result in"no cost" changes to the Budget.
Upon proper execution and approval, this Limited Amendment shall become a formal amendment
to this Contract.
Other Contract Modifications. 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
CDPHE Vemion 1.0 (4/04) Page 7 of 17 Revised: 4/1/04
17.
18.
19.
modification shall automatically be incorporated into and be part of this contract on the effective
date of such change as if fully set forth herein. If either the State or the Contractor desires to
modify the terms and conditions of this Contract other than as provided for in paragraph 16.a
above, then the parties shall execute a standard written amendment to this Contract initiated by the
State. The standard written amendment must be executed and approved in accordance with all
applicable laws and roles by all necessar7 parties including the State Controller or delegate.
Litigation. The Contractor shall within five (5) calendar days after being served with a summons,
complaint, or other pleading which has been filed in any federal or state court or administrative agency
notify the State that it is a party defendant in a case which involves services provided under this contract.
The Contractor shall deliver copies of such document(s) to the State's Executive Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization
and/or foreclosure.
Notice of Breach and Dispute Resolution: If the State or the Contractor believes in good faith that the other
party has failed to timely complete a deliverable, or has otherwise committed a material breach of this
Contract, then the non-breaching party shall notify the breaching party in writing of the alleged breach
within ten (10) business days of: I) the date of the alleged breach if the non-breaching party is aware of the
breach at the time it occurs; or 2) the date that the non-breaching party becomes aware of the breach.
Upon receipt of written notice of an alleged breach of the Contract, the breaching party shall have ten (10)
business days, or such additional time as may be agreed to in writing between the parties, within which to
cure the alleged breach or to notify the non-breaching party in writing of the breaching party's belief that a
material breach of this Contract has not occurred. Failure of the breaching party to cure or respond in
writing within the above time period shall result in the non-breaching party being entitled to pursue any and
all remedies available at law or in equity.
Except as herein specifically provided otherwise, disputes concerning the performance of this contract
which cannot be resolved by the designated contract representatives shall be referred in writing to a senior
departmental management staffdesignated by the department and a senior manager designated by the
Contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director
and the Contractor's chief executive officer for resolution. This process is not intended to supersede any
other process for the resolution of controversies provided by law.
The Contractor and its sureties shall be liable for any damage to the State resulting from the Contractor's
breach, whether or not the Contractor's right to proceed with the work is terminated. The State reserves the
right, in its sole discretion, to determine whether or not to accept substituted performance tendered by the
Contractor or the Contractor's sureties and acceptance is dependent upon completion of all applicable
inspection procedures.
Remedies: In addition to any other remedies provided for in this contract, and without limiting its remedies
otherwise available at law, the State may exercise the following remedial actions if the Contractor
substantially fails to satisfy or perform the duties and obligations in this contract. Substantial failure to
satisfy the duties and obligations shall be defined to mean significant insufficient, incorrect or improper
performance, activities, or inaction by the Contractor. Without limitation, these remedial actions include:
withhold payment to Contractor until the necessary services or corrections in performance are
satisfactorily completed; and/or
require the vendor to take necessary action to ensure that the future performance conforms to
contract requirements; and/or
request the removal from work on the contract of employees or agents of Contractor whom the
State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable,
or whose continued employment on the contract the State deems to be contrary to the public
interest or not in the best interest of the State; and/or
deny payment for those services or obligations which have not been performed and which due to
circumstances caused by Contractor cannot be performed, or if performed would be of no value to
CDPHE Version 1.0 (4/04) Page 8 of 17 Revised: 4/1/04
20.
the State; denial of the amount of payment must be reasonably related to the value of work or
performance lost to the State; and/or
e. suspend Contractor's performance pending necessary corrective action as specified by the State
without Contractor's entitlement to adjustment in price/cost or schedule; and/or
f. modify or recover payments (from payments under this contract or other contracts between the
State and the vendor as a debt due to the State) to correct an error due to omission, error, fraud
and/or defalcation; and/or
g. terminate the contract.
These remedies in no way limit the remedies available to the State in the termination provisions of this
contract, or remedies otherwise available at law.
Termination.
a. Termination for Default. The State may terminate the contract for cause. In the event this
contract is terminated for cause, the State will only reimburse the Contractor for accepted work or
deliverables received up to the date of termination. In the event this contract is terminated for
cause, final payment to the Contractor may be withheld at the discretion of the State until
completion of final audit. 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 payment to the Contractor for the purposes of
mitigating its damages until such time as the exact amount of damages due to the State from the
Contractor is determined. If it is determined that the Contractor was not in default then such
termination shall be treated as a termination for convenience as described herein. In the event of
termination, 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 propert~y, and the Contractor shall be entitled to receive just and
equitable compensation for any services and supplies delivered and accepted. The Contractor
shall be obligated to return any payment advanced under the provisions of this contract.
b. Termination for Convenience. The State shall have the right to terminate this contract at any time
the State determines necessary by giving the Contractor at least twenty (20) calendar days prior
written notice. If nntice is so given, this contract shall terminate on the expiration of the specified
time period, and the liability of the parties hereunder for further performance of the terms of this
contract shall thereupon cease, but the parties shall not be released from the duty to perform their
obligations up to the date of termination. In the event of termination, 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 services and supplies delivered.
In the event that the State terminates this contract under the Termination for Convenience
provisions, the Contractor is entitled to submit a termination claim within ten (10) days of the
effective date of termination. The termination claim shall address and the State shall consider
paying the following costs:
I. the contract price for performance of work, which is accepted by the State, up to the
effective date of the termination;
II. reasonable and necessary costs incurred in preparing to perform the terminated portion of
the contract;
IIL reasonable profit on the completed but undelivered work up to the date of termination;
IV. the costs of settling claims arising out of the termination of subcontracts or orders, not to
exceed 30 days pay for each subcontractor;
V. reasonable accounting, legal, clerical, and other costs arising out of the termination
settlement.
CDPHE Version 1.0 (4/04) Page 9 of 17 Revised: 4/1/04
21.
22.
23.
In no event shall reimbursement under this clause exceed the contract amount reduced by amounts
previously paid by the State to the Contractor.
Immediate Termination. This contract is subject to immediate termination by the State in the
event that the State determines that the health, safety, or welfare of persons receiving services may
be in jeopardy. Additionally, the State may immediately terminate this contract upon verifying
that the Contractor has engaged in or is about to participate in fraudulent or other illegal acts.
Stop Work Order. Upon written approval by the State Procurement Officer or delegee, the State may, by
written order to the Contractor, at any time, and without notice to any surety, require the Contractor to stop
all or any part of the work called for by this contract. This order shall be for a specified period after the
order is delivered to the Contractor. Any such order shall be identified specifically as a stop work order
issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its
terms and take all reasonable steps to minimize the incurring of costs allocable to the work covered by the
order during the period of work stoppage. Before the stop work order expires, as legally extended, the
State Procurement Officer or delegee shall either:
Cancel the stop work order; or
Terminate the work covered by such order; or
Terminate the contract.
If a stop work order issued under this clause is properly canceled, the Contractor shall have the right to
resume work. An appropriate adjustment shall be made in the delivery schedule or contract price, or both,
and the contract shall be modified accordingly in writing pursuant to the terms of this contract dealing with
contract modifications, if:
The stop work order results in increased time required for, or in the Contractor's cost properly
allocable to, the performance of any part of this contract; and
The Contractor asserts claim for such an adjustment within thirty (30) days after the end of the
period of work stoppage.
If the work covered by such order is terminated for default or convenience, the reasonable costs resulting
from the stop work order shall be allowed by adjustment or otherwise and such adjustment shall be in
accordance with the Price Adjustment Clause of this contract.
Venue. The parties agree that exclusive venue for any action related to performance of this contract shall be in
the City and County of Denver, Colorado.
Understanding of the Parties.
Complete Integration. This contract 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.
Severabilitv. To the extent that this contract may be executed and performance of the obligations
of the parties may be accomplished within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
Binding Agreement. Except as herein specifically provided otherwise, it is expressly understood
and agreed that this contract shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns. All rights of action relating to enforcement of the terms
and conditions shall be strictly reserved to the State and the named Contractor. Nothing contained
CDPHE Version 1.0 (4/04) Page 10 of 17 Revised: 4/1/04
in this agreement shall give or allow any claim or right of action whatsoever by any other third
person. It is the express intention of the State and the Contractor that any such person or entity,
other than the State or the Contractor, receiving services or benefits under this agreement shall be
deemed an incidental beneficiary only.
Waiver. The waiver of any breach of a term hereof shall not be construed as a waiver of any other
term, or the same term upon subsequent breach.
~ations. The State and the Contractor's obligations under this contract shall survive
following tarmination or expiration to the extent necessary to give effect to the intent and
understanding of the parties.
Assignment and Change In Ownership, Address, Financial Status. Except as herein specifically
provided otherwise, the rights, duties and obligations of the Contractor arising hereunder cannot
be assigned, delegated, subgranted or subcontracted except with the express prior writXen consent
of the State, which consent shall not be unreasonably withheld. In the case of assignment or
delegation, Contractor and the State shall execute the standard State novation agreement prior to
the assignment or delegation being effective against the State. The subgrants and subcontracts
permitted by the State shall be subject to the requirements of this contract. The Contractor is
responsible for all subcontracting arrangements, delivery of services, and performance of any
subgrantor or subcontractor. The Contractor warrants and agrees that any subgrant or subcontract,
resulting from its performance under the terms and conditions of this contract, shall include a
provision that the said subgrantor or subcontractor shall abide by the terms and conditions hereof.
Also, the Contractor warrants and agrees that all subgrants or subcontracts shall include a
provision that the subgrantor or subcontractor shall indemnify and hold harmless the State. The
subgrantors or subcontractors must be certified to work on any equipment for which their services
are obtained.
This provision shall not be construed to prohibit assignments of the right to payment to the extent
permitted by section 4-9-318, CRS, provided that written notice of assignment adequate to identify
the rights assigned is received by the controller for the agency, department, or institution executing
this contract. Such assignment shall not be deemed valid until receipt by such controller - as
distinguished from the State Controller - and the Contractor assumes the risk that such written
notice of assignment is received by the controller for the agency, department, or institution
involved.
The Contractor is required to formally notify the State prior to, or if circumstances do no allow
prior notification then immediately following, any of the following:
I. change in ownership;
II. change of address;
Ill. the filing of bankruptcy.
Force Maieure. Neither the Contractor nor the State shall be liable to the other for any delay in, or
failure &performance of, any covenant or promise contained in this contract, nor shall any delay
or failure constitute default or give rise to any liability for damages if, and only to the extent that,
such delay or failure is caused by "force majeure." As used in this contract "force majeure" means
acts of God; acts of the public enemy; acts &the State and any governmental entity in its
sovereign or contractual capacity; fires; floods, epidemics; quarantine restrictions, strikes or other
labor disputes; freight embargoes; or unusually severe weather.
Changes In Law. This contract is subject to such modifications as may be required by changes in
applicable federal or State law, or their implementing rules, regulations, or procedures. Any such
required modification shall automatically be incorporated into and be part &this contract on the
effective date of such change as if fully set forth herein. Except as provided above, no
modification of this contract shall be effective unless agreed to in writing by both parties in the
CDPHE Version 1.0 (4/04) Page 11 of 17 Revised: 4/1/04
24.
form of a written amendment to this Contract that has been previously executed and approved in
accordance with applicable law.
Media or Public Announcements. Unless otherwise provided for in this Contract, the Contractor
shall not make any news release, publicity statement, or other public announcement, either in
written or oral form, that concerns the work provided under this Contract, without the prior written
approval of the State. The Contractor shall submit a written request for approval to the State no
less than ten (10) business days before the proposed date of publication. The State shall not
unreasonably withhold approval of the Contractor's written request to publish. Approval or denial
of the Contractor's request by the State, shall be delivered to the Contractor in writing within six
(6) business days from the date of the State's receipt of Contractor's request for approval.
If required by the terms and conditions of a federal or state grant, the Contractor shall obtain the
prior approval of the State and all necessary third parties prior to publishing any materials
produced under this Contract. If required by the terms and conditions ora federal or state grant,
the Contractor shall also credit the State and all necessary third parties with assisting in the
publication of any materials produced under this Contract. It shall be the obligation of the
Contractor to inquire of the State as to whether these requirements exist and obtain written
notification from the State as Contractor deems appropriate.
Intellectual Indemnity. Contractor shall defend, at its sole expense, any claim(s) or suit(s) brought against
the State alleging that the use by the State of any product(s), or any part thereof, supplied by Contractor
under this agreement constitutes infringement of any patent, copyright, trademark, or other proprietary
rights, provided that the State gives Contractor written notice within twenty (20) days of receipt by the
State of such notice of such claim or suit, provides assistance and cooperation to Contractor in connection
with such action, and Contractor has sole authority to defend o~ settle the claim. Contractor shall consult
the State regarding such defense and the State may, at its discretion and expense, participate in any defense.
Should the State not choose to participate, Contractor shall keep the State advised of any settlement or
defense.
Contractor shall have liability for all such claims or suits, except as expressly provided herein, and shall
indemnify the State for all liability incurred by the State as a result of such infringement. Contractor shall
pay all reasonable out-of-pocket costs and expenses, and damages finally awarded by a court of competent
jurisdiction, awarded or agreed to by Contractor regarding such claims or suits.
If the product(s), or any part thereof, become the subject of any claim, suit or proceeding for infringement
of any patent, trademark or copyright, or in the event of any adjudication that the product(s), or any part
thereof, infringes any patent, trademark or copyright, or if the sub-license or use of the product(s), or any
part thereof, is enjoined, Contractor, at~er consultation with the State, shall do one of the following at
Contractor's expense:
produce for the State the right under such patent, trademark or copyright to use or sub-license, as
appropriate, the product or such part thereof; or
replace the product(s), or part thereof, with other suitable products or parts conforming to the
original license and State specifications; or
suitably modify the products, or part thereof.
Except as otherwise expressly provided herein, Contractor shall not be liable for any costs or expenses
incurred without its prior written authorization.
Contractor shall have no obligation to defend against or to pay any costs, damages or attorney's fees with
respect to any claim based upon:
the use of an altered release if Contractor had not consented to the alteration; or
the combination, operation or use of the product(s) with programs or data which were not
furnished by Contractor, if such infringement would have been avoided if the programs or data
CDPHE Version 1.0 (4/04) Page 12 of 17 Revised: 4/1/04
25.
26.
furnished by persons or entities other than Contractor had not been combined, operated or used
with the product(s); or
the use of product(s) on or in connection with equipment or software not permitted under this
contract if such infringement would have been avoided by not using the product(s) on or in
connection with such other equipment or software.
Conformance with Law. If this Contract involves federal funds or compliance is otherwise federally
mandated, the Contractor and its agent(s) shall at all times daring 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:
Office of Management and Budget Circulars A-21, A-87, A-102, A-110, A-122, A-133, and The
Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, as applicable;
the "Hatch Act" (5 U.S.C. 1501-1508) and Public Law 95-454, Section 4728. These federal
statutes declare that federal funds cannot be used for partisan political purposes of any kind by any
person or organization involved in the administration of federally-assisted programs;
the "Davis-Bacon Act" (40 U.S.C. 276A-276A-5). This federal Act requires that all laborers and
mechanics employed by contractors or subcontractors to work on construction projects financed
by federal assistance must be paid wages not less than those established for the locality of the
project by the Secretary of Labor;
42 U.S.C. 6101 et seq., 42 U.S.C. 2000d, 29 U.S.C. 794. These federal Acts mandate that no
person shall, once grounds of race, color, national origin, age, or disability, be excluded from
participation in or be subjected to discrimination in any program or activity funded, in whole or in
part, by federal funds;
the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 -
12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and47
U.S.C. 225 and 47 U.S.C. 611);
if the Contractor is acquiring an interest in real property and displacing households or businesses
in the performance of this Contract, then the Contractor is in compliance with the "Uniform
Relocation Assistance and Real Property Acquisition Policies Act", as amended, (Public Law 91-
646, as amended, and Public Law 100-17, 101 Stat. 246 - 256);
when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments"
(Common Rule);
Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355, which
prohibits the use of federal money to lobby the legislative body of a political subdivision of a
State; and
If the Contractor is a covered entity under the Health Insurance Portability and Accountability Act
of 1996, 42 U.S.C. 1320d - 1320d-8, the Contractor shall comply with applicable HIPAA
requirements. If Contractor is a business associate under HIPAA, Contractor hereby agrees
to, and has an affirmative duty to, execute the State's current H1PAA Business Associate
Agreement. In this case, Contractor must contact the State's representative and request a
copy of the Business Associate Agreement, complete the agreement, have it signed by an
authorized representative of the Contractor, and deliver it to the State.
Contractor Affirmation. If this Contract involves federal funds or compliance is otherwise federally mandated,
then by signing and submitting this Contract the Contractor affirmatively avers that:
the Contractor is in compliance with the requirements of the "Drug-Free Workplace Act" (Public
Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.);
the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or agency; the
Contractor shall to comply with all applicable regulations pursuant to Executive Order 12549,
including, Debarment and Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990);
and,
CDPHE Version 1.0 (4/04) Page 13 of 17 Revised: 4/1/04
27.
28.
the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law
101-121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29
C.F.R. 93.110(1990).
Annual Audits. If the Contractor expends federal funds from all sources (direct or from pass-through
entities) in an amount of $500,000 or more during its fiscal year, then the Contractor shall have an audit of
that fiscal year in accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of
States, Local Governments, and Non-Profit Organizations). If the Contractor expends federal funds
received from the State in an amount of $500,000 or more during its fiscal year, then the Contractor shall
furnish one (1) copy of the audit report(s) to the State's Internal Audit Office within thirty (30) calendar
days after the Contractor's receipt of its auditor's report or nine (9) months after the end of the Contractor's
audit period, whichever is earlier. If(an) instance(s) of noncompliance with federal laws and regulations
occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the
issuance of(a) report(s).
If the Contractor submits an annual indirect cost proposal to the State for review and approval, then the
Contactor's auditor shall audit the proposal in accordance with the requirements of OMB Circulars A-21
(Cost Principles for Educational Institutions), A-87 (Cost Principles for State, Local, and Tribal
Govemmants), or A-122 (Cost Principles for Non-Profit Organizations), whichever is applicable.
Holdover. In the event that the State desires to continue the services provided for in this Contract and a
replacement contract has not been fully executed by the expiration date of the Contract, this Contract may
be extended unilaterally by the State for a period of up to two (2) months upon written notice to the
Contractor under the same terms and conditions of the original Contract including, but not limited to,
prices, rates, and service deliveD' requirements. However, this extension terminates when the replacement
contract becomes effective when signed by the State Controller or an authorized delegate.
CDPHE Version 1.0 (4/04) Page 14 of 17 Revised: 4/I/04
STATE OF COLORADO SPECIAL PROVISIONS
(For Use with Inter-Governmental Contracts Only)
CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as he may designate.
FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable al~er the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any
and all claims, damages, liability and court awards including costs, expenses, and at~oruey fees incurred as a
result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant
to the terms of this contract.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions for the parties, &the Colorado Governmental Immunity
Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or
hereafler amended.
INDEPENDENT CONTRACTOR. 4 CCR $01-2
THE CONTRACTOK SHALL pERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE
DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR- SHALL PAY WHEN DUE ALL REQUIKED
EMPLOYMENT TAX~S AND INCOME TAX AND LOCAL HEAD TAX ON ANY MON1ES PAID BY THE STATE PURSUANT TO
THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR` AND ITS EMPLOYEES AKE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEF1TS UNLESS THE CONTR`ACTOR- OR THUD PARTY PROVIDES SUCH COVERAGE AND
THAT TH~ STATE DOES NOT PAY FOR` OR` OTHER-WISE PROVIDE SUCH COVERAGE. CONTRACTOR- SHALL HAVE NO
AUTHORIZATION, EXPRESS OR- IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDER`STANDING
EXCEPT AS EXPRESSLY SET FOR-TH HERE~N. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKEKS'
COMPENSATION (AND PROVIDE pROOF OF SUCH INSURANCE WHEN P, EQUESTED BY THE STATE) AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR` THE ACTS
OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
CHOICE OF LAW.
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. 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
CDPHE Version 1.0 (4/04) Page 15 of 17 Revised: 4/1/04
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 ofexecntion.
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and
State laws, roles, and regulations that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation, or
maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions.
The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that the
Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under
this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with
United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial
interest whatsoever in the service or property described herein.
Effective Date: April 1, 2004
CDPHE Version 1.0 (4/04) Page 16 of 17 Revised: 4/1/04
EXHIBIT A
ADDITIONAL PROVISIONS
To Contract Dated 07/29/2005 - Contract Routing Number 06 FAA 00061
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
1. This contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 66.460).
2. The United State Environmental Protection Agency ("USEPA'), has awarded federal funds under Notice of
Cooperative Agreement Award, hereinal~er "NCAA", number C999818605-0, to implement approved
Clean Water Act Section 319 nonpoint source management activities. The State has formulated a
comprehensive State plan, with associated budgets, to disburse these funds throughout the state of
Colorado. Under this comprehensive State plan, the State shall allocate these funds to qualified entities to
provide water quality benefits to the citizens of the state of Colorado on behalf of the State.
If the underlying Notice of Cooperative Agreement Award "NCAA" authorizes the State to pay all
allowable and allocable expenses of a contractor as of the effective date of that NCAA, then the State shall
reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been
incurred by the Contractor since the proposed effective date of this Contract. If the underlying NCAA does
not authorize the State to pay all allowable and allocable expenses of a contractor as of the effective date of
that NCAA, then the State shall only reimburse the Contractor for those allowable and allocable expenses
of the Contractor that are incurred by the Contractor on or after the effective date of this Contract, with
such effective date being the later of the date specified in this contract or the date the contract is signed by
the State Controller or delegee.
3. To receive compensation under this Contract, the Contractor shall submit a signed monthly Invoice/Cost
Reimbursement Statement. A sample Invoice/Cost Reimbursement Statement is attached hereto as
Attachment A-I and incorporated herein by this reference. An Invoice/Cost Reimbursement Statement
must be submitted within sixty (60) calendar days of the end of the billing period for which services were
rendered. Expenditures shall be in accordance with Exhibit B, Statement of Work. These items may
include, but are not limited to, the Contractor's salaries, fringe benefits, supplies, travel, operating, indirect
costs which are allowable, and other allocable expenses related to its performance under this Contract.
Invoice/Cost Reimbursement Statements shall: 1) reference this Contract by its contract routing number,
which number is located on page one of this Contract; 2) state the applicable performance dates; 3) state the
names of payees; 4) include a brief description of the services performed during the relevant performance
dates; 5) describe the incurred expenditures if reimbursement is allowed and requested; and, 6) show the
total requested payment. Payment during the initial, and any renewal or extension, term of this Contract
shall be conditioned upon affirmation by the State that all services were rendered by the Contractor in
accordance with the terms of this Contract. Invoice/Cost Reimbursement Statements shall be sent to:
Bill McKee
Water Quality Control Division
Nonpoint Source Program
Colorado Department of Public Health and Environment
WQCD-B2
4300 Cherry Creek Drive South
Denver, CO 80246
To be considered for payment, billings for payments pursuant to this Contract must be received within a
reasonable time at, er the period for which payment is requested; but in no event no later than sixty (60)
calendar days after the relevant performance period has passed. Final billings under this Contract must be
received by the State within a reasonable time after the expiration or termination of this Contract; but in no
event no later than sixty (60) calendar days from the effective expiration or termination date of this
Contract.
Revised: 4/1/04
To be attached to CDPHE Page 1 of 4
Version 1.0 (4/04) contract template
EXHIBIT A
Unless otherwise provided for in this Contract, "Local Match" shall be included on all billing statements, in
the column provided therefore, as required by the 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.
4. Time Limit For Acceptance Of Deliverables.
Evaluation Period. The State shall have thirty (30) 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.
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 ten (10) calendar days of: 1) 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.
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 sixty (60)
calendar days, to correct the noted deficiencies.
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 Health
Insurance Portability and Accountability Act (HIPAA).
Scope of Services: The Contractor shall do, perform, and carry out, in a timely and satisfactory manner, as
determined in good faith by the State, all the work elements identified in this contract's Exhibit B
"Statement of Work", which is incorporated herein by this reference. All the work elements shall be
completed in accordance with the time frames stated in Exhibit B.
Time of Performance: The services to be performed by the Contractor under this Contract shall commence
as soon as practicable after the execution of this Contract and shall be undertaken in such a sequence to
ensure the completion of this Contract by 07/31/2008.
Matching Contributions: The Contractor agrees to provide a matching contribution of at least one hundred
thousand dollars ($100~00.00). Matching contributions may be provided as cash or in-kind services, and
may include contributions from other project partners. Contributions from other federal sources are not
considered eligible match.
Responsible Proiect Director: The Contractor's performance of the services required hereunder shall be
under the direct supervision of Jannette Whitcomb who is hereby designated as the Contractor's Project
Director for this Contract. If, at any time during the term of this Contract, the Contractor's named Project
Director is not assigned to this Contract, then the Contractor shall immediately notify the State in writing
and all work under this Contract shall be suspended until a new Project Director, acceptable to the State,
has been assigned by the Contractor to this Contract.
10.
Six Month Progress Status Reports: During the term of this Contract, or any renewal or extension thereof,
the Contractor shall submit to the State six (6) month progress status reports detailing all activities which
the Contractor has completed under this Contract for the previous six (6) month period. These activities
shall include, at a minimum, a summary of scheduled and completed tasks, problems encountered, and
budget expenditure versus time spent on the project. Reports are due to the State by March 15 and
To be attached to CDPHE Page 2 of 4 Revised: 4/1/04
Version 1.0 (4/04) contract template
EXHIBIT A
11.
12.
13.
15.
16.
17.
18.
19.
September 15 each year. Reports shall be submitted electronically to the extent possible. Printed reports
shall be submitted on recycled paper.
Final Reports: A final report summarizing all the activities completed and all the project costs incurred by
the Contractor is required at the conclusion of all planned activities, the format of which is incorporated
herein by this reference, made part hereof, and attached hereto as Attachment A-2. The final report shall
be submitted in draft form to the State for approval. Once approval is obtained, the contractor may publish
and distribute final report as appropriate, including providing at least three (3) copies to the State. Reports
shall be submitted electronically to the extent possible. Printed reports shall be submitted on recycled
paper.
Final Payment: The State shall hold at least five percent (5%) of the total obligation of the State as the
final payment. Final payment will be made upon approval of the final report by the State.
Minority Business Enterprises and Women's Business Enterprises: If, at any time during the term of this
Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract
to a Minority Business Enterprise ("MBE") or a Women's Business Enterprise ("WBE"), then the
Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal
Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days
of the date each award is made.
The Contractor shall adopt the "fair share" goal associated with the grant identified in 2., which is a
minimum six and one-tenth percent (6.1%) fair share goal for the utilization of Minority Business
Enterprises (MBEs) and a minimum six and six-tenths percent (6.6%) fair share goal for the utilization of
Women's Business Enterprises (WBEs) by contractors and subcontractors for supplies, construction,
services or equipment. The Contractor shall demonstrate that, prior to the award of any subcontract(s) for
project work under this Contract, affirmative steps have been taken, as identified in 40 CFR 30.44(b). If, at
any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any
subcontract(s) under this Contract to a DBE, then the Contractor shall complete and submit an EPA Form
5700-52A "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and Interagency
Agreements" to the State within thirty (30) calendar days of the date each award is made.
Matching Requirements: Match requirements shall be documented in accordance with 40 C.F.R., Part 31
and Office of Management and Budget Circular A-87, as currently promulgated.
Public Information: When issuing statements, press releases, requests for proposals, bid solicitations, or
any other documents describing the activities funded under this Contract, the Contractor shall clearly state
on those documents the percentage of the total cost of the project which is financed with federal funds.
Also, the Contractor shall include the Colorado Department of Public Health and Environment in the
credits on all public information and educational products that are developed under this contract.
Permits and Surveys: Contractor shall ensure that all necessary permits (such as Clean Water Act Section
404) are received or surveys completed (such an Endangered Species Act or Historic Preservation Act)
prior to implementation of any funded activity which may fall under these or other applicable laws. Copies
of any biological survey results, where a survey is necessary under Endangered Species Act shall be
forwarded to the State. Contractor shall provide copies of all permits upon request of the State.
Hotel and Motel Fire Safety Act: The Contractor shall ensure that any conference, meeting, convention, or
training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety
Act of 1990.
Collection of Environmental Data: All environmental data collected with federal funds shall be submitted
to the State in such electronic format as may be prescribed by the State for inclusion in the Environmental
Protection Agency Storage and Retrieval (STORET) database.
Revised: 4/1/04
To be attached to CDPHE Page 3 of 4
Version 1.0 (4/04) conttact template
EXHIBIT A
20.
21.
22.
23.
Sample and Analysis Plans: The collection of environmental data with federal funds shall not commence
until a project-specific sample and analysis plan has been approved bythe State. Sample and analysis plans
must be submitted to the State for approval at least eight (8) weeks prior to the start of sample collection.
Endangered Species Act Biologic Evaluation: The Contractor shall ensure that all on-the-ground best
management practices implemented with federal funds are in compliance with the provisions of the
programmatic biologic evaluation completed by the Environmental Protection Agency under Endangered
Species Act Section 7 Consultation. The Contractor shall ensure that site-specific biologic evaluations are
conducted prior to the implementation of best management practices, as necessar3r.
Waste Prevention and Recycled Materials: The Contractor shall use recycled paper for all reports which
are prepared as part of this contract. This requirement does not apply to reports prepared on forms supplied
to the Environmental Protection Agency of to "Standard Forms" which are available through the General
Services Administration.
Operation and Maintenance: The Contractor shall assure the continued proper operation and maintenance
of all nonpoint source management practices that have been implemented as part of this agreement, unless a
particular practice did not function as planned. Such practices shall be operated and maintained for an
appropriate number of years in accordance with commonly accepted standards. Contractor shall assure
similar provisions are included in any sub-agreements that result from this agreement.
To be attached to CDPHE Page 4 of 4 Revised: 4/1/04
Version 1.0 (4/04) contract template
FINAL PROJECT REPORT FORMAT- Watershed Projects - Attachment A-2
SECTION 319 NONPO1NT SOURCE POLLUTION CONTROL PROGRAM
WATERSHED PROJECT FINAL REPORT
(Project Title Here)
by
(Author and Project Sponsor Here)
(Date Here)
This project was conducted in cooperation with the State of
Environmental Protection Agency, Region 8.
Grant #
and the United States
FINAL PROJECT REPORT FORMAT - Watershed Projects
EXECUTIVE SUMMARY
PROJECT TITLE
PROJECT START DATE
PROJECT COMPLETION DATE
FUNDING:
TOTAL BUDGET
TOTAL EPA GRANT
TOTAL EXPENDITURES
OF EPA FUNDS
TOTAL SECTION 319
MATCH ACCRUED
BUDGET REVISIONS
TOTAL EXPENDITURES
SUMMARY ACCOMPLISHMENTS
2
FINAL PROJECT REPORT FORMAT - Watershed Projects
TABLE OF CONTENTS
PAGE
EXECUTIVE SUMMARY ........................................................................................................................
INTRODUCTION ......................................................................................................................................
PROJECT GOALS, OBJECTIVES, AND ACTIVITIES ..........................................................................
PLANNED AND ACTUAL MILESTONES, PRODUCTS AND COMPLETION DATES .............
EVALUATION OF GOAL ACHIEVEMENT AND RELATIONSHIP TO THE STATE
NPS MANAGEMENT PLAN ............................................................................................................
SUPPLEMENTAL INFORMATION .................................................................................................
BEST MANAGEMENT PRACTICES DEVELOPED AND/OR REVISED ............................................
MONITORING RESULTS ........................................................................................................................
BMP EFFECTIVENESS EVALUATIONS ........................................................................................
SURFACE WATER IMPROVEMENTS ...........................................................................................
CHEMICAL .................................................................................................................................
BIOLOGICAL .............................................................................................................................
PHYSICAL/HABITAT ................................................................................................................
GROUND WATER IMPROVEMENTS ............................................................................................
METALS ......................................................................................................................................
CHEMISTRY ...............................................................................................................................
NUTRIENTS ...............................................................................................................................
OTHER MONITORING .....................................................................................................................
QUALITY ASSURANCE REPORTING ...........................................................................................
RESULTS OF BMP OPERATION AND MAINTENANCE REVIEWS ..........................................
COORDINATION EFFORTS ...................................................................................................................
COORDINATION FROM OTHER STATE AGENCIES ..................................................................
OTHER STATE ENVIRONMENTAL PROGRAM COORDINATION ...........................................
FEDERAL COORDINATION ...........................................................................................................
USDA PROGRAMS (E.G. ENVIRONMENTAL QUALITY INCENTIVES
PROGRAM (EQ1P), HYDROLOGIC UNIT FUNDING, BUFFER INITIATIVE,
CONSERVATION RESERVE PROGRAM ......................................................................................
ACCOMPLISHMENTS OF AGENCY COORDINATION MEETINGS ..........................................
RESOURCES/COORDINATION FROM FEDERAL LAND MANAGEMENT AGENCIES .........
OTHER SOURCES OF FUNDS .........................................................................................................
3
FINAL PROJECT REPORT FORMAT - Watershed Projects
TABLE OF CONTENTS (CONTINUED)
PAGE
SUMMARY OF PUBLIC PARTICIPATION ...........................................................................................
ASPECTS OF THE PROJECT THAT DID NOT WORK WELL ............................................................
FUTURE ACTIVITY RECOMMENDATIONS .......................................................................................
LITERATURE CITED
LIST OF TABLES .....................................................................................................................................
LIST OF FIGURES ....................................................................................................................................
LIST OF APPENDICES, IF NOT PREVIOUSLY PROVIDED TO EPA (INCLUDING
MONITORING DATA BASE, AND WRITrEN OUTPUTS SUCH AS BROCHURES,
NEWSLETTERS, PARTICIPANT SURVEYS, AND MONITORING REPORTS) .........................
4
EXHIBIT B
STATEMENT OF WORK
To Contract Dated 07/29/2005 - Contract Routing Number 06 FAA 00061
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
FEDERAL AWARD FISCAL YEAR: 2005
PROJECT TITLE: City of Aspen Stormwater Treatment Project
NAME: Jannet~e Whitcomb, City of Aspen Environmental Health Specialist, Senior
ADDRESS: 130 South Galena Street, Aspen, CO 81611
PHONE: 970-920-5069 FAX: 970-920-5074 EMAIL: jannette~ci.aspen.co.us
NPS Category of Pollution:
NPS Functional Category of Activity:
4000 Urban Runoff/Stormwater
011 BMP Design/Implementation
012 BMP Performance Assessment
019 Sediment Control
WATERSHED NAME: Roaring Fork River - Upper Colorado Basin
HYDROLOGIC UNIT CODE (HUC): 14010004
Latitude: 39 Degrees 11 Minutes
Longitude: 106 Degrees 49 Minutes
Ecoregion: 2100 Southern Rockies
Waterbody Type(s): Rivers/Streams Pollutant Type: 1100 Sedimentation
TMDL DEVELOPMENT? NO TMDL IMPLEMENTATION? NO
TMDL PRIORITY (High, Medium, Low): N/A
FY 319(H) FUNDS REQUESTED (base): $150,000 MATCHING FUNDS: $169,220
(note: minimum match required is $100,000.00; contractor anticipates additional match above the minimum)
BUDGET 319 TOTAL: $319,220
319(h) Funded Full Time Personnel: None
GOALS: The main goals for this project are to improve the health of the Roaring Fork River by annually removing
83,000 pounds of sediment from Aspen's urban runoff and provide an evaluation document to CDPHE on the swirl
chamber sediment removal vault as well as an Operation and Maintenance plan that can be utilized by communities
throughout Colorado, especially mountain communities.
PROJECT DESCRIPTION: One swirl chambered mechanical pretreatment vault will be installed and connected
to two existing wet ponds for the removal of sediments and other pollutants. This system will treat runoff coming
from 490 acres of the Aspen Mountain Drainage Basin, of which approximately 98 acres are impervious. The City
of Aspen wants to take proactive measures, such as treatment and education, to improve its stormwater management,
as well as prevent 303d listing of the Upper Roaring Fork River.
Staff will monitor the removal efficiency, operation and maintenance of the vault to evaluate the usefulness and
efficiency of the swirl chambered removal system. Staff will monitor stream health to see if improvements were
made with sedimentation, embeddedness and the macroinvertebrate population in Aspen's section of the Roaring
Fork River. The following monitoring techniques will be used: composite TSS sampling, visual & physical vault
checks with extensive record keeping, Rapid Bioassessment, Pollution Tolerance Index, and in-stream water quality
sampling.
Revised: 4/1/04
To be attached to CDPHE Page 1 of 2
Version 1.0 (4/04) contract template
EXHIBIT B
Objectives Product Start/End * Budget- Budget-
319 Funds Match
1. Design, bid and install a Annually remove 83,000 August 17, $150,000 $121,000
mechanical pretreatment pounds of sediment 2005 - July
vault to remove sediment 31, 2008
from city stormwater runoff.
2: Determine whether Annual rapid August 17, $14,100
decreased sediment loading bioassessment, Pollution 2005 - July
from Aspen's urban runoff Tolerance Index and in- ! 31, 2008
improved aquatic habitat steam water quality testing
(sedimentation, in the Roaring Fork River
embeddedness and above and below Aspen's
macroinvertebrate east outfall
population) in the Roaring
Fork River below Aspen's
east ouffall system.
3. Develop an effective Operations and Maintenance October 1, $13,500
operation and maintenance Document 2005 - July
document for swirl chambered 31, 2008
sediment removal vaults at high
elevations.
4. Evaluate vault's average Vault Evaluation Document October 1, $16,120
expected removal efficiency of 2005 - July
70% TSS 31, 2008
5. Efficiently update CDPHE Semi-annual reports September 15, $4500
on progress of the City of Final Report 2005 - July
Aspen's 319 grant project. 31, 2008
Totals $150,000 $168r200
*Actual start date is dependent upon approval of the State Controller
To be attached to CDPHE Page 2 of 2 Revised: 4/1/04
Version 1.0 (4/04) contract template
EXHIBIT C
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
(ADD PROGRAM NAME HERE)
DEPARTMENT OR AGENCY NUMBER
CONTRACT ROUTING NUMBER
LIMITED AMENDMENT #*
This Limited Amendment is made this **** day of*********, 200*, by and between the State of Colorado, acting
by and through the DEPARTMENT OF PUBLIC I-II~.ALTH AND ENVIRONMENT, whose address or principal
place of business is 4300 Cherry Creek Drive South~ Denver~ Colorado 80246, hereinafter referred to as the
"State"; and, LEGAL NAME OF ENTITY, {le~,al type of entity}, whose address or principal place of business is
Street Address~ City~ State & Zip Code, hereinafter referred to as the "Contractor".
FACTUAL RECITALS
The parties entered into a contract dated ******** *% ****, with contract encumbrance number PO ***
**********, and contract routing number ** *** *****, whereby the Contractor was to provide to the State the
following:
Ibriefly describe what the Contractor was to do under the original contract - indent this paragraphl
IPlease choose one of the following four options and then delete this heading and the other three options not
selected:l
The State promises to [choose one and delete the other[increase/decrease the amount of funds to be paid to the
Contractor by ********** Dollars, ($*.**) during the current term of the Original Contract in exchange for the
promise of the Contractor to perform the Ichoose one and delete the otherlinereased/decreased work under the
Original Contract.
The State promises to pay the Contractor the sum of********** Dollars, {$*.**) in exchange for the promise of
the Contractor to continue to perform the work identified in the Original Contract for the renewal term of ****
years/months, ending on ******** **, ****.
The State promises to [choose one and delete the otherlincrease/decrease the amount of funds to be paid to the
Contractor by ********** Dollars, {$*.**) for the renewal term of**** [choose one and delete the
otherlyears/months, ending on ******** **, ****, in exchange for the promise of the Contractor to perform the
[choose one and delete the otherlinereased/deereased specifications to the Scope of Work described herein.
The State hereby exercises a "no cost" change to the [insert those that apply and delete those that don't]budget,
specifications within the Scope of Work, project management/manager identification, notice address or
notification personnel, or performance period within the Ichoose one and delete the otherlcurrent term of the
Original Contract or renewal term of the Original Contract.
NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree
as follows:
1. Consideration for this Limited Amendment to the Original Contract consists of the payments and services
that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth.
2. It is expressly agreed to by the parties that this Limited Amendment is supplemental to the original
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contract, contract routing number ** *** *~'***, linsert the following language here if previous
amendment(s), change order(s), renewal(s) have been processedlas amended by [include all previous
amendment(s), change order(s), renewal(s) and their routing numbersl, linsert the following word
here if previous amendment(s), change order(s), renewal(s) have been processedlcollectively referred
to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions,
and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as
though they were expressly rewritten, incorporated, and included herein.
It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and
changed in the following respects only:
[Use this paragraph when changes to the funding level of the Original Contract occur
during the current term of the Original ContractIThis Limited Amendment is issued pursuant
to paragraph *. *. of the Original Contract identified by contract routing number ** *** *****.
This Limited Amendment is for the current term of********* *% ****, through and including
********* **~ ****. The maximum amount payable by the State for the work to be performed by
the Contractor during this current term is Ichoose one and delete the
other]increased/decreased by ********** Dollars, ($*.**) for an amended total financial
obligation &the State of********** DOLLARS, ($*.**). [delete any portion of this sentence
that is not applicablelThe revised specifications to the original Scope of Work and the revised
Budget, if any, are incorporated herein by this reference and identified as "Attachment *" and
"Attachment *". The first sentence in paragraph *. *. of the Original Contract is modified
accordingly. All other terms and conditions of the Original Contract are reaffirmed.
[Use lhis paragraph when the Original Contract will be renewed for another term[This
Limited Amendment is issued pursuant to paragraph *. *. of the Original Contract identified by
contract routing number ** *** *****. This Limited Amendment is for the renewal term of
********* *% ****, through and including ********* **~ ****. The maximum amount payable
by the State for the work to be performed by the Contractor during this renewal term is
********** Dollars, ($*.**) for an amended total financial obligation of the State of**********
DOLLARS~ ($%**). This is an [choose one and delete the other[increase/decrease of
********** Dollars~ ($*.**) of the amount payable from the previous term. [delete any portion
of this sentence that is not applicableIThe revised specifications to the original Scope of Work
and revised Budget, if any, for this renewal term are incorporated herein by this reference and
identified as "Attachment *' and "Attachment *". The first sentence in paragraph *. *. of the
Original Contract is modified accordingly. All other terms and conditions of the Original Contract
are reaffirmed.
[Use this paragraph when there are "no cost changes" to the Budget, the specifications
within the original Scope of Work, allowable contract provisions as noted, or performance
period.]This Limited Amendment is issued pursuant to paragraph *. *. of the Original Contract
identified by contract routing number '~ *** *****. This Limited Amendment Ichoose those
that apply and delete those that don't[modifies the Budget in [identify location in contractl,
modifies the specifications to the Scope of Work in [identify location in contract], modifies
the project management/manager identification in lidentify location in contract], modifies
the notice address or notification personnel in [identify location in contract], modifies the
period of performance in [identify location in contractl ofthe Original Contract. The revised
Ichoose those that apply and delete those that don't]Budget, specifications to the original
Scope of Work, project management/manager identification, notice address or notification
personnel, or period of performance is incorporated herein by this reference and identified as
"Attachment *". All other terms and conditions of the Original Contract are reaffirmed.
The effective date of this Amendment is date, or upon approval of the State Controller, or an authorized
delegate thereof, whichever is later.
Except for the General Provisions and Special Provisions of the Original Contract, in the event of any
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EXHIBIT C
conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and
any of the terms and provisions &the Original Contract, the terms and provisions of this Amendment shall
in all respects supersede, govern, and control. The Special Provisions shall always control over other
provisions of the Original Contract or any subsequent amendments thereto. The representations in the
Special Provisions to the Original Contract concerning the absence &personal interest of state of Colorado
employees is presently reaffirmed.
FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR
ARE CONTINGENT UPON FLrNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED,
AND OTHERWISE MADE AVAILABLE.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Form Amendment on the day first above written.
CONTRACTOR: STATE:
[LEGAL NAME OF CONTRACTOR]
(legal type of entity)
STATE OF COLORADO
Bill Owens, Governor
By:
Name:
Title:
FEIN:
By:
For the Executive Director
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
ATTEST:
If the Contractor is a corporation
or governmental entity, then an attestation
is required.
PROGRAM APPROVAL:
By:
By:
(Seal, if available.)
City, City and County, County,
Special District, or Town Clerk or Equivalent
Corporate Secretary or Equivalent
]Delete inapplicable language.]
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve ali state contracts. This limited amendment is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior to
the date below, the State of Colorado may not be obligated to pay for goods and/or services provided.
STATE CONTROLLER
Leslie M. Shenefelt
Date:
Form: LAT 7-1-04GN
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