HomeMy WebLinkAboutbocc.con.030.1978 �� �-�
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- D.:PARTMENTORAGENCYNUMBER � t,�s:��-�
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�Re.:Wxded at 4:31 P.M. Ju7y 3,1978 Loretta BAnner CONTRACTRUUTINGNUMBER ��;,'`i"
' � . Recerder 78_ �
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'[zilS CON'IRAC7',made this 7 n+6 day of Jt�ay 1978.,by and betwecn the
---State of Colotado for the use and benefit of tfie Department of'� T.o A-Ffai ra
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hercinefteT refecred to u�the State,and'z COUnty Of Pl L'klll � . �
haeinafter referted to as the contwctor, � �K tM;f�71�
WHEREAS, authority exit}s ie the Law and Funds have bem budgeted,appropriated and otherwise made •
- availabk and a mfCtcient unencumbered balance thereof remeins availabiE for paymrnt in Fund Numbe�.QOL—_,
G/L Account Num6er 53097_ ,Qntract Eacumheance NumberSB �7��'and ; 's
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WHEREAS,required approval,clnrance and coordination has been aaomplished froin�and with appropciate 7
agrncia:and ,� t �
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wt�EREAS,'�funds for Land IIse Supp2emental Planning have been �. .�
� appropriated to the Department of I,ocal Affairs ].n .Senate Bili_581 �. j
(1977) contingent upon being matched by local goverament funds or • �
new in-ki.nd e£fort oP eaual amounC, and : �
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WHEREAS, the Department of I,ocal A£fairs now d'esires to distri.bute �
- these funds to various units of local governments who have apQlied for - ' �
these funds and who can provide the xequired matching funds. _i
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NOW IHEREFORE,it is hercby agreed ffiat . ... � '
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- 1. '� Area Covered. The•COatractor shall peSform ali tTie neces- -.
sary servi.ces provided under thzs Cnntract in connection with and ; :'
zespecting the following_area or areas, herein called the''�lanning :
`Area"c approximately 18 miles along the Crystal River in Pitkin County. • . ± '_
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� - 2. Scope of Services, The Contractor .sha3.7.,•do, perfoxm, and• . �
carry out, i.n a satis£actory and propax manr_ar, .as:=detesm�.ned-by the i
. <.State, al]. work::elements as..in�.icated.on the•:attached.Exhibit A, Work-::
::Px'ogram.and,Budget�-Piejections.. '.� " � , ,. .�
,. 3,� Time of' Performance:.Tlze ser.vices:oi'c the�Contract.shall
����commettce.as soon as,practicanle:..a£ter: .the execution-of:this'Contract. and
sha11 be undertakea ::n sugh-sequenca as to- assure completion.o£.this' •
Contract by ene year t-xnm the abave date of Contsaet_ ' �
^f'�' ` 4. Coa�c�ensation. The Sfiate agrees to reimbu,rse the Contraczoz F:
� � ' of all eligi.ble project costs up to but not exceeding
ei t t tousand dpllars,
(. 8,000 ). Such coa�pensation represents the State's share Prom Land
Use Supplemental Planning Funds of a total project-of _ • -
' -• - - - - - - - - - -- - - - - - - - - - - - - - dol ars - �'
� 28,000). includi.n4 - - - - - - - - - - - - - - - -
- - - - - - - - - - dollars .( 20.b00 } iai matching fundsrfrom
the (`�nty_ o�P�+_kin & Colo_ Water conserv_grd.,for.a total project. '
amount of +��.,+��P,�+� �„�-ind - - - - - - - - - - - - - - - dollars
( �28,OO+J). �,
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. �age 1 uf�pages
� � `f5ce indiruetions nn m�cra�nt last paFe•1 • .
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� 5. Method of Payment. The State ahall-make such.reimbursement to the
t::�: Contractor upon approval of expenses'by the Area Representative. Such billing
``�*' may be f11ed at any time and shall certify that the Contractor has performed
>.:r:� _according to Exhibit A. Scope of Servicea, Work Program and Budget Projectiona.
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!�e`' ' 6. Responsible Land Use Adminiatra[or. The performance of the
� services required hereunder will be under the direct supervision of Karen B.
;,°ti���' Srtltth, Plannillg Dir'ectol' , crho ia hereby deeignated as the administrator-in-
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charge of-this work program. At any time the administrator-in-charge is not
assigned to this project, the Coatractor shall i�ediately notify the State
- and work shall be suspended on the project until an administrator-in-charge
has been so assigned who is acceptable to the State.
7. Pesaonnel. The Contrector represents that he has, or will secure
r at his own•expense, all pers0nael required in performing the services under this
Contract. Such personnel shall not be employees of nr have any contractual
relationship with the State. All of the services required hereunder will he
perfosmed by the Contractor or under his supervision, and all personnel engaged
ia the work shall he fully qualified and shall be authorized under State and •
local law to perform such services.
8. Tetmination of Contract for Cause. If, through any cause, the
Contractor shall fail to fulfill in timely and proper manner his ohllgations under
this Contract, or if the Contractor shall violate any of the covenants, agree-
ments, or stipulations of this Contract, the State shall thereupon hane the right
to terminate this Contract by giviag written notice to the Contractor of such
termination and specifying the effective date therenf,.at least five (5) days befare
the effective date of such termination. In that event, all finished os unfiaisbed
doc�ents, data, studies, surveys, drawings, maps, models, photographs, and
' reports or other material prepared bq 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 compeasation for any,satisfactory work `
- completed on such dec�ents and other materials. '
� :Iotwithstanding the above, •the Contractor s6a11 not.be relieved of
liability to the State for any damages sustained by the St3te by virtue of any
hreach of the Contract hy the Contractor, and�the State may withhold any payrments ' '
to the Contractor for the purpose of aetoff uatil such time as the exact amount `�
' of=damages due the State f=am the'Coatractor is°determined.: . _.
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9. Termination for Convenience of State. The State may te=minate '� (:
• this Contract any any time by giving written notice to tha Contractor of such �i
termination and apecifying the effective date thereof, at least fifteea (15)
• days befare the effective date of such termination. Ia that event, all.finished '
or unfinished documents and other materials as described ia Paragraph 8 above shall, �
at the optioa of the State, became its property. If the Contract is terminated
.by the State as provided herein, the Contractor will be paid an amount which bears i -
the same ratio to the total compeasation as the services actually perfozmed besr �
to the total services of the Contractor covered by this Caatract, lesa paymeats �
of compensation previausly made:� Provided, hwever, that if less than sixty (60) ; '
p'ercent of the services covered hy this Contract have been performed upon the �
• effective date of such termination, tfie Contractor shall he rei.mbursed (in addition
to the abave payment) for that portion of the actual out-of-pocket expeases (not 'i
' otherwise rei.mbursed under this Cantract) incurred by the Contractor during the
Coatract period which are directly attributable to the uncompleted portion of the •
services covered by this Contract. If this Cuntract 3s terminated due to the fault
of the Coatractor, Paragraph 8 hereoP relative to termination shall apply. . ;
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10. ChanQes. The SEate may, from time to time, require changes in the ' +
scope of services of the Contractor to be perfarmed hereunder. Such changes, . i
;;��7 iacludiag any increase or decrease ia the amouaat af the Contractor's compensation,
which are mutually agreed upon hy and between the State and:.Contractor, shall be
a. � incorporated in written amendments to this Contract. , •
11. Pu61ic Information Hearing. To satisfy the general requirement that
expenditures of public monies be reviewe publicly, an information hearing, covering
- Supplemental Fund work program and projected budget shall be held during the twelve
'�M (12) months of the contract period.
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12. Reports. One copy of all reports prepared ae a result of the project
will be submitted to the Division of Planning, Department of Local Affairs. •
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� Form 6•AG028 SPECIAL PROVISIONS 9DOK��o P�i�f 9�9 � �
' �CONTROLLER'SAPPROVAL �,,'M''
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I. 'IUis contract shall not be deemed valid until it shall have been approved by the Cvntroller of[he State of
. Colorado or such nssis[ant as he may designate.This provision is applicable to any contract involving lhe payment of
money by the State.
FUND AVAILABIUTY F
2. Financial obligations of the S[ate payable afler�he eurren[fiscal year are contingent upon funds for that
purpose being appropriated,budgeted and otherwise made available. .
S
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BOND REQUIREMENT
3. lf this contract involves the payment of more than ten thousand dollars for the conswction,eroction,repair, j
maintenance,or improvement of any building,road,bridge,viaduct,tunnel,excavation or other public work for this �
State, [he contractor shall,before entering upon the perfortnance of any such work included in this contract,duly s
- execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient i
bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
amount payable by[he terms of this contract. Such bond shail be duly execuled by a qualified cotporate surety,
conditioned for the due and faithful perfortnance of the contract,and in addition,shall provide that if the contractor or �
! his subconvactors fail to duly pay for any labor,materials, team hiro,sustenance,provisions,provendu or other i
! supplies used or consumed by such contractor or his subcontractor in peformance of the work wntracted to be done, }
' the surety will pay the same in an amount not exceeding the sum specified in the bond,rogether with intercst at the �
' rate of eight per cent per annum.Unless such bond,when so required,is executcd,delivered and filed,no claim in j
favor of the contractor azising under this contract shall be audited,allowed or paid.A certified or cashier's check or a #
y bank money order made payable ro the Treasurer of the Stare of Colorado may be accepted in leiu of a bond. �
� MINIMUM WAGE t
4. Except as otherwise provided by law,iC this contrnc[provides for the payment of more than five thousand � �
dollars and requires or involves the employment of laborecs or mechanics in the construction, niteration or repnir of #
� any 6uilding or other public work,(except highways,highway bridges,underpasses and highway structures of all �
kinds)within the geogrrphical limits of the State,the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by[his con[ract shall be not less than[he i
prevailing rate of wages for work of a similar nature in the city,[own,village or other civil subdivision o[the State in p
� which[he building or other public work is tocated.Disputes respecting prevailing rates will be resolved as provided in �
5-16-(Ol,CRS 1973,as amended. e
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� DISCRIMINATION AND AFFIRMATIVE AC'I'ION y
' S.The contrrctor agrees to comply with the letter and spirit of the Coloredo Antidiscrimination Act of 1957, G
j as amended,and other applicable law respecting discrimination and unfair employment practices(2434-301,CRS �
� 1973,as amended),and az required by Executive Order,Equal Opportunity and Aftinnative Action,dated April 16, �
1975.Pursuant lhereto,the jollowing provisions sha!!be contarned rn d!State condacn or s�ib-contracts
` During the performance of this contrrct,the contmctor agrees as follows: �
(1) The contractor will not discriminate against any employee or app►icant for employment because of ?�
race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.
! The contractor will take affirmative action to insure that applicants are employed,and that employees are
f treated during employment,wi[hout regard to the above mentioned characteristics.Such action shall include,
but not be limited to the following: employmen[, upgrrding, demotion, or transfer, rectuitment or
recruitment adt•ertisings;lay-ofts or terminations;rates of pay or other forms of compensation;and selection !�
for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to �
employees and applicants for employment,notices to be provided by the contracting otficer setting forth
provisions of this non-discriminution clause.
� (2) The contrac[or will,in all solicitations or advertisements for employees placed by or on behalf of the
` contractor,state that all qualified applicants wUl receive considera[ion for employment without regard to
irace,creed,color,nationnl oriAn,sex,marital status,reli�on,ancestry,mental or physical handicap,or age.
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I (3) The con[rnctor will send to ench labor union or representative of workers with which he has collective `'
bargaining agreement or other contract or understanding,notice to be provided by N�e contracting officer,
� advising the labor union or workers representative of[he contractor s committment under the Execu[ive
I Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and
� relevant Orders of the Governor. _
(4) The conteactor and labor unions will fumish all information and reports required by Executive Order,
�� Equal Opportunity and Affirmative Action of April 16,1975,nnd by the rules,regulations nnd Orders of the
Govemor,or pursuant thereto,and will permit access to his books,recortls,and aceounts by the contr�cting
r:;�:�: agency and Ihe office of the Governur or his deaiguce for purposes of investigation to ascertain compliance
with such cules,regulations and orders.
i (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individuol Gom membership in such labor organization or
discriminate against any of its members in die full enjoyment of wodc opportunity,because af race,creed,
calor,sex,nationnl origin,or ancestry.
(6) A labor organization,or the employees or members thereof will not uid,abet,incite,compel or coerce
the doing of any act defined in this contrnc[to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly,to commit any xt defined in this contrrct to be discriminatory.
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_ Fo��-��-0z� BooK 350 r�CE 92U ,,r�,
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- . �� (7).In the event nG thc contractor s nui�-cnmplinnce will�thc nui�diW:rimination clauxs oF Ihis cunlrvct{i� '=� � ^�'
. with aay uE suclt ndc.�.0.`};UI8I100.S./lf Of<Il•fti,lhis con�r,�ct ms�y Ix cancclleJ,trr�ninateJ or�u,�nnJcd in
'�'' whole or in part ancl dic conlr.iclor may Ix d�rlarcd iucligibfc fin fnrtbcr St:rtc cnulr�cl�in•rccorJancc wilh
._ .procedurrs.�.autharizcd in Lxecutivc Ordca L•�pml Opporhmity anJ A(Grm��tive Aclion of April IG.I975:md
the rules,regulatiuns,ur nrclers promulg:ded in accnrdance Ihercwilh,•rnd tuch nther s;ipctinns ac may be
_ imposcd and remeJies ati may bc invukcd rs pravided in Execntive OrAeG Gp�al Oppur[uniry and Affirmntive
Actioh of April 16. 1975,or by n�l�,regulati�mc,ar ordcrs prnmidgulcd in accordance d�erewidt,nr as
otherwise providcd by law.
(S) The cantractnr will include tbe prnvixions af paragrrphs(1)thrnugl� (A)in evcry xuh-cnntrxt and
suhcuntcactor pucchau order iml�ws exempted by ndes,regulations,or orJers is�ued pursu•rnt tu EXCCUtive -
Order,Equal Oppudunity anJ Aflirmative Aclinn nf Apri! 16,1975,sn th•rt sucl�pmvisions will Ix binding !
upon esch subconlracu�r or vendor.'ilic contrrctor will trke such actiun with respect tn mry sub-contracting � �
or purchase order as'the'conlracting agency may direct,as a means of enforcing sucN pruvisions,including • ;�
saneGons for non-eompli•rnce;prucided,liuwever,that in the event the eon[ractor becomcc involved in,or is ,;�
" threatened with,litigation with the subcontractor or vendor as a resu{i ot such direction by the contracting •
agency,the contractor may reyuest the S[ate of Colorado to enter into such litigation to protect the interest. 14�
of the State of Cobrado. "�
::COLORADO I.ABOR•PREFERENCE ' !
" �6.Provisions of&17-101.&102,CRS 1973 for preference of Colorado lalror are applicable to this con[ract if .::j
public works within the State are undertaken hereui�der and are financed in whole or in pavt by State tunds. 'y!
. . - ' . - . . .r.�i
GENERAL
7_11te laws of the S[a[e of Colarada and mlex artd regulations isxued pucsuant thereto shaU be applied ie ;�:-�
the interpretation, execution and enforcement of this contrrct. Any provision of this coatract whetlier or not �i-:i
incorporated hercin by reference which provides for arbitrrtion by any extra judiciaf body or person or which is ` �}
otherwise ir+conllict with said iaws,rules and regulations shall be wnsidered null and void.Nothing contained in • 1:::;�;;!
any provision incorporated herein by reference wl�ich purports ro negate this or any otlier special pravisiun in `�'
whole or in part shall be valid or enforceable ur available in any action at law whether by wny of complairtt,. ' ';
� defense or atherwise.Any provi+ion rendered null and void by the operation of this provision wil(not inwrlidate '_�
the remainder of this contract to the extent tfiat tfie contract is c•r�able of enecution. - .;'>3
8.Tbe signatories hereto aver that they are famifiarwith 1&&301,et seq.,(Bribery and CorrupC influences) `•�;?,;�.�:�1
and 188401,et seq..(Abuu oF Public Office),C.RS.1973,as amended,nnd that no violation of such provisions is: -'�:?
present: ' _. ?,�5
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' 9.The signatories aver_that.to their.knowledge,no sWte employee has any personal or beneGcial interest ;'�
whatwever in the service or property described hereia ''`'
QV WITNESS'WHEREOF;thr padies hercto have execu[ed this Agreement on the day first above wntten , " � �
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- S7ATE OF COLORADO `�:'''
' � RICHARD D A61:11,G ERN R ;,, . � % _
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� � . �Contratto �� . • � .5.XECUTIVE DIRELTOR. .:j�;
� airman, oar o County Comnic g peS / �t : 1
DE�RK I K,/tNT ��Ol..(f C�I ix tn � -��
Position OE ; :
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�^ APPROVALS +'
� ��.ATCORNEY�GETIERA�� ���"'aCFARLAN� - CONTROLLL•R � n�^�lU I�MORL � �
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BY � �, ��r., � BY
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- ' A°ssistant S�licitor Genera!
�eneral Legal Serviecs• �'
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' . . 1".�gr�wl�icl�i�Ihc lasl nC_�"�—Pa�,ks <''
- � •S.w+in 1ru.limm un rrvenr side. � � �,�� �.
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• � 'SCOPE OF SERVICES 3DOK��O PAi:E 9��. � ' '�
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[i0@It PROGRA*1 AND'BUDGET PROJECTIONS
Floodplain Study--- Crystal River in Pitkin County - '
Area Covered: Total �study reach covers approximately 18 miles of the Crystal -
. _ iver in Pitkin County, within which 11.5 miles will be studied in detail. :�
-- , Scope: Through $nd in cooperation with the Colorado Water Conservation Board
aeriat photography will be accomplished for the total study reach at a scale of `�
1" = 500'. Within the study reach, two foot contour line mapping (edited pencil . ,
manuscripts on maylar)• will be accomp7ished for 1i.5 miles. The U.S. Army Corps. � '
of Engineers will be asked to make the hydrologic analysis for the Crystal River .� -
in order to develop the 10, 50, l00 and 500 year flood discharges for the study ;?
reach. Following completion of mapping and surveys and hydrology, the CWCB ,�
�will contract with.a consultant engineer to make the fiydraulic analysis and �t
prepare the final report. '; `
- Estimated Costs: $28,000 ($8,000 H.6. 1U41 Supplemental Funds FY 78, $10,000 �
tn ocal cash contributions�, and $10,000 in-Colorado Water Canservation Board j. :
Funds.) ::.)
Estimated Budy.et: . ' ,.1
Mapping and Surveys $16,000 �
' Nydrology Analysis (Arn�y Corps) :
Hydraulic Malysis & report 12,000
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EXHIBFT A ' �'s . ....y
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" � Department of Loca1 A£fairs - No. 32U000 Contract_Routing No. ;�: •
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