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HomeMy WebLinkAboutbocc.con.064.1978 .m�.�,v,e�y�.,�.rt . � . . . .. . . : .. . .. :�� �. � ". .. . �:�; . � . , .. .. : .:. . .. . .... . . .. . �. . .'�����'. . . . . . . . . ���•.' .•. _... � � � � . — ,``. . . `'�r ' . a. $$t; �;f § � E � PITKIN COUNTY � �� BOARD OF COMMISSIONERS :�� Agreement �y�� �' VEGETATION BASELINE INVEP�TORX �: � TAIS CONTRACT made this � day of�?��, 1978, by '� and between the PITKIN COL1NTX BOAP,D OF CO2�IISSIONERS (hereinafter �^� referred to as "County"), and WESTERN RESOURCE DEVELOPMENT � � CORPORATION (hereinafter referred to as "Contractor"), � W I T N E S S E T H: � WHEREAS, Pitkin County and the City of Aspen have indicated an interest in the acquisition of a major portion of the North ? 5tar Ranch, currently under option to purchase�held by The Nature Conservancq, and WHEREAS, Pitkin County and the City of Aspen have engaged Mr. Robert Lewis to develop a management plan for the North Star Ranch, which is intended to be implemented upon City/County owner- ship, and WHEREAS, the management plan is to include a Vegetation Baseline Study, as requesCed by Mr. Lewis of the City of Aspen and Pitkin County, and WHEREAS, said Vegetation Baseline Study is to include identification of all major forms of plants on the property, which will then be utilized in the development of a p1anC manatement plan intended to preserve and perpetuate the ecological quality of the ? . natural systems. NOW, THEREFORE, for and in consideration of the premises and covenants and agreements herein contained, it is agreed by and between the parties as follows: ARTICLE I: CONTRACT DESCRIPTION The Contractor shall, during the term of this contract, undertake each of the following statement of work: � _ A. 5tatement of Work . Each ma}or plant community at the study site wi11 be mapped according to physiogonomy and dominant species. The vegetation will be mapped on an aerial photograph at a scale appropriate to the size of the property. A11 �aapped plant communities will be ,'� �,, �i '`�:: � , . - � ��w� "��� _ Y' ' ' � � .,�:. '?ti�� �:'l-'. ��. �� `:;�;; verified by field checks. � :,�,: � ��: Each plant community will be sampled and quantitatively :L.=, � :`5� described in terms of species composition, percent cover, and ;,'� � ;�:; frequency for each species as well as surface litter, rock and �� �: exposed soil. F � Woody communities will be sampled by the quadrat method as --s�; described by Daubenmire (1968). Shrub co�unities will be sampled �s according to the line intercept method developed by Canfield (1941) r � with herbaceous vegetation within the shrub community analyzed 2 � according to the "microplot" method of Daubenmire (1968) micro- ! � plot method along a line transect. ` All plants on the study site will be collected while in i ' flower. Phenological information on flowering, foliage and seed Y development, etc. , will be recorded and analyzed as well. A iherbarium mount of all vascular and non-vascular plants collected jj ; on the site .will be provided foruse as a reference collection. The identity of vascular and non-vascular plants collected on the study site will be confirmed by Dr. William Weber, curator of the - Herbarium, University of Colorado. Identification and nomenclature • of vascular planta will follow Weber and Johnston (1976), Weber (1976) and Harrington (1954). • Using the collected data, a management plan Will be - developed for the site to preserve and perpetuate the ecological quality of the natural systems. This plan wi11 be based upon known successional processes, the ecological interaction of species x and communities with the natural environaeent, and land uses of the site. Specific recommendations ��i_11 be provided for the � management of each plant community. Land uses which pose imiaediate or potential damage to the ecology of the site will be identified. B. Project Schedule The ecological study will begin immediately and wi1L be , � accomplished through the completion of eight tasks in the following � table. This table lists the major tasks of the study by man-days � of professional time per study plan approach. The study will commence with a one to two day review of � ecological studies in the area, and be itnmediately followed by � _ 2 _ � �' ',::. 1 ,�.°y� �' ;�:�� �- i _-_--.._� '+�.s M.f� C ^ . �•�''� .. . � . . . . . . _.. ... . . . . . . ... ,. • ' � � .'}fi ,�. general reconaissance of the study site to identify and map plant ,.zF ;�� communities, collect flowering plants, record phenological data ;�� and Ycuman usage of the area. .� j; The study will provide for tcao plant ecologists to '�f: complete one week of £ield sampling, (task V). Under this study :'� ;� all communities would be quantatively sampled. The ecological data woul.r� be analyzed and pre�enr:d either in the report or in a supplementary appendix. The results of the ecological study will be used to prepare a management plan for the study site. The objective of the management plan will be to - � ; assure the health and vigor of the natural systems of the site i '� by identifying management practices and land uses that are � i � z compatible with the plant communities characteristic to the site. � '� PROFESSIONAL TIPSE FOR PLANT ECOLOGISTS � y Tasks Days � �s I. Review existing literature 1 II. General reconaissance of study site � to identify plant com�iunities 2 F III. Plant cou�unity mapping and field _ ` verification 3 � IV. Collection of flowering plants and � recording of phenological data--Fall r and winter observations 4 � V. Quantitative field work 10 VI. Description of soils 0 � VII. Analysis of data 5 VIIT. Preparation of final report 10 �. TOTAL 3 5 ARTICLE II: PAYMENT FOR SERVICES 1. In consideration of the performance hy the Contractor x of the services to be rendered as described above, the County agrees to pay the Contractor for travel and subsistence, and expenses as outlined below. The professional salaries are donated to The Nature Conservancy and will not be a cost to either the City of Aspen or Pitkin County. The total maximum amount stated herein is not to be exceeded by the Contractor unless an addendum, agreed to in writing on behalf of the County, is exeeuted. The County is in no way responsible or liable for the expenses incurred exceeding those outlined herein. � . � - 3 - � `� � �� ,x: � e* ; , . _ . . � � � --:,��.:. a __v__...�, ----_—� �.,_ _v — �:,•, �,y ,,f..,, �rt ' _ . . . ,..,. .. . . . ... . . , , .. _.. _ . . .� . �.. . . .. .. . . . . .. . . - . .. .. .. .. .. } n: � � � TOTAL P4A}CIMUM AMOUNTS � *Professional Salaries Plant Ecologists - 35 days @ $176 $6,160 Graphics - 3 days @ $100 300 Secretarial - 10 days @ $ 56 560 SUBTOTAL $7,020 **Travel and Subsistence Per Diem - 16 days @ $ 40 $ 640 Personal car . mileage - 3 tr3.ps @ 80 240 SUBTOTAL $ 880 Expenses . VerificaCion of Plant Identifications $ 50 Aerial Photo and Enlargement 50 Report Photos and Graphics 100 Final Renorts(20 copies) 300 Telephone and Postage 25 SUBTOTAL $ 525 GRAND TOTAL $8,425 *On air travel to Denver, the Contractor shall use commuter tickets purchased through the County. **Professional Salaries are donated at no charge, therefore total City and County liability amounts to $8,425 - $6,160 = $2,265. 2. Any out-of-pocket expenses are to be included within _ the above outlined budget, and must be accounted £or by receipts. ARTICLE II2: METHOD OF PAXMENT 1. Once each month the Contractor shall submit to the County an invoice for expenses incurred, and furthermore, the Contractor shall use the County's minimum information billing form, which shall be completed in full detail for billing purposes. �. 2. After receipt and approval of charges, the County shall make payment Chereon within 30 days of receipt of said chazges to . the Contractor, PROVIDED, HOWEVER, thaC the total amount specified in Article II until theCounty receives and approves the release as � � provided in Subsection 3 below. � 3. Prior to final payment under this Contract, the Contractor � t shall execute and deliver: a. An assignment to the County of refunds, rebates, credits � � or other amounts, including the interest thereon, properly `�,���. allocable to cost for which the Contractor has been � � �t rei�mbursed by the County under this Contract; and :L :� ::i — 4 — i� ;; � :.,' �. � ;� ,.,�:�_ �J: ��;:._ ,. . . .�_ ._.._ ___.... _.._ __.� �. _ . :ri: � � �:. b. A release discharging the County for all liabilities, - obligations and claims arising out of or under this Contract. ARTICLE IV: TERMINATION FOR DEFAULT QR FQR CONVENIENCE OF COUNTY l. The performance of work under the Contract may be terminated by the County: a. Whenever the Contractor shail default in performance of this Contract in accordance with its terms, and fails to cure or show cause why such failure to perform should ` be excused F�ithin ten days (or longer as the County may allow) after receipt of a notice specifying the defaults from the County, or b. Whenever for any reason zhe County shall determine that such termination is in its best interest. The Contractor shall not be in default by reasons of any failure in performance of this Contract in accordance with its terms if such failure arises out of causes beyond the control _ and without the fault or negligence of the Contractoz. Such causes may include, but are not restricted to, acts of God, " natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Upon request of the Contractor, the County shall ascertain the facts and £ailure, and, if the County shall determine that any failure to per£orm constituted z excusable delay, the delivery schedule shall be revised accordingly and notice of default wiChdrawn. \ 2. Notice of Termination In each event of termination, the County shall deliver to the Contractor a written notice of termination, specifying the reasons therefore, and the effective date of such termination. � The ef£ective date shall not be earlier than the date of delivery � of the notice. 3. Termination Procedure. After receipt of the notice of Cermination, unless other- • wise directed by the County, the Contractor shall: ,� - 5 - � :a � ;,` -%xs:-;jq.�i __i _.. , ___.____. �W °--- �,;:�� =s� - � . __ ;�, , . ,. '. . . � � � a. Stop work under the ConCract on the date specified in �; S �Y .' the notice of termination; x b, with the approval or ratification of the County to the " extent it may require, settle all outstanding liabilities ;� _ •• and all claims arising out of such termination of orders or subcontracts, the cost of which would be reimbursable .` in whole or in part in accordance with this Contract. 4. Termination Payment , After receipt of a notice of termination, the Contractor s shall submit to the County his termination claim in the form of � a final invoice in accordance with Article III, including costs incurred to the date of termination, and costs incurred because � q af termination, which termination costs shall not exceed 10% of the , e total shown in Article II; provided, however, that in the event ; � of default by the Contractor, no extra costs incurred because '� of termination shall be paid to the Contractor. Such claim must � be submitted promptly, but in no event later than three months x F - from the effective date of termination, unless one or more extensions are granted in writing by the County. Upon the , Contractor's failure to submit a claim in the time allowed, the county may review the information available to it and determine the amount due the Contractor, if any, and pay the Contractor the amount as determined. 5. Settlement Subject to Section 4, the Contractor and County may ` negotiate the whole or any part of the amount or amounts to be ' paid, including an allowance for the fee to Contractor by reason of tlie termination of work. 6. Remedies The Contractor shall have the right of agpeal from any determination made by the County under Article IV, SEction 4 or � 5 above, except that if the Contractor has failed to submit his claim within the time provided in Section 4 above and has failed to properly request extension, he shall have no such right � of appeal. In any case where the County has made a determination - 6 - r�� � r: � ': a, h '.`;luy';C�e :...�.:;�� _ ..�...� _ _ . __ ,�r.._.� .��.i.N. ��ti�. , .. ".w,:�'Z� ' � :.�Yi„,'-'a . . ,._. . . . . . . . . �.. _.. . . .. V.. I � „i • • � � r',. �.i.�j .y�./.. 7 .„' of the amount due under Section 4 or 5 above, the County shall pay r':..� ;� the Contractor: (1) the amount the County has determined if there `�°+ is no right to appeal or if no timely appeal has been taken, or (2) ��� �`*? the amount finally determined on such appeal if an appeal has been > y"�`' taken. 'ai '� 7. Method of Appeal - � Subject to Section 6, if the Contractor disagrees with the � County's determination under Section 4 or 5, he can appeal this decision in writing to the County. 5uch appeal must be made within 20 days of receipt in writing of the County's determination. ' The County shall have 20 days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within 30 days from the date of receipt of such response the Contractor submits the dispute to a court of competent jurisdiction. ARTICLE V: TERM This contract shall be for a term beginning on the date hereof and ending on December 31, 1979, or completion by the : Contractor of the work herein contracted for, whichever first - occurs. _' ARTICLE VI: REQUIRED CLAUSE + The Contractor shall be subject to the following provisions: 1. Audit and Inspection of Records � � The Contractor shall permit the authorized representative of the County to inspect and audit all data and records of the Contractor relating to his performance under the contract up to • x three years after the completion of this Contract. 2. Prohibited Interest No member, officer, or employee of the Public Body or of a local public body during his tenure or one year thereafter shall have any interest, direct or indirect, in this Contract or the � � __ proceeds thereof. � 3. Equal Employment Opportunity � _ In connection with the execution of this Contrac, the � i Contractor shall not discriminate against any employee or applicant N . �for employment because of race, religion, color, sex or national � i - 7 - �.`�� �iR„'?. ��t...�' �J3. -� Y. . . �.,. . .. . ...... .. ..... ...- 74��• .'. ..:.� ." - . .. . � 19.. �t • • ' � ,} � origia. The Contractor shall take affirmative actioa to insure that k the applicants are employed, and that employees are treated during � 4: their employment, without regard to their race, religion, colors, ; 3 sex or national origin. Such actions shall include but not be # limited to the following: employment, upgrading, demotion or termination, rates of pay, or oCher forms of compensatinn and selection for training, including apprenticeship. 4. Minority Business Enterprises In connection with the performance of this Contract, �7` 1 the Contractor will cooperaCe with the County in meeting his � commitments and goals with regard to the maximum utilization � , of minority business enterprises and will use its best efforts � to insure that minority business enterprises shal.l have the f maximum practicable opportunity to compete for subcontract work � if any under this Contract. [ � ARTICLE VII: SUBCONTRACTS ( I Assignment of any portion of the work by subcontract � i must be.approved in advance by the County. The County will not ! be liable for the cost assigned without such approval. ARTICLE VIII: RECORAS The Contractor shall maintain complete and accuzate books, records and documents concerning the actual time devoted to this project. ARTICLE IX: PRINCIPAL PROFESSI�NAL The.principal professional involved in this Contract is David L. Johnson, who is considered essential to the performance - of this Contract. In the event of death, disability or inability ` � of Mr. .Tohnson to perform, this Contract shall be automatically terminated. ARTICLE X: GOVERNING LAWS This Contract sha11 be construed under the laws o£ the 5tate of Colorado. � TN WITNESS of�`this Contract, the parties have set thei.r hands � this �day of_��G��, 1975. � PITKIN COUNTY BOARD OF MMIS3IONERS .. By: _ Ro ert . C i , C sirman - 0 - ;; �'a�'•''..Gs!e�r y __._ _.._ ��;�„�,� _ . ,,,; �. , � ;�. � , ..,:�w;h� .:�t,.. Y;.,:,,,.. .,. .:. ; .._:. _ .._._ . ._ . : _ . ;_ . ..r ; . . . � � �i�� �� i �' ATTEST: WESTERN RESOURCE DEVELOPMENT CORP. � �?��'.v� By: ' �,ta � .�,,., ; ����aoeLn Stewart Davi L. Jo nJ n � " Deputy County Clerk APPROVED AS T0 FORM: .4:�. � . . . . . .. .. .. .. . . ."�� :�-.� .. p `{ : � � // �'�/ ... � - . . . f ��1 �anara M. Stul er County Attorney ,, . , -:�' �I _ . r� ' ,'.Y: �:i!':.