HomeMy WebLinkAboutbocc.res.034.1974 RESOLUTION
BOARD OF PITKIN COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
NO. 74-34
Re: Frying Pan-Arkansas Project--
Draft Environmental Statement
WHEREAS, one county most particularly affected by
trans-mountain water diversions of the Frying Pan-Arkansas
project is Pitkin County, Colorado, and
WHEREAS, the Board of County Commissioners of Pitkin
County is greatly concerned with the environment of the county
and preservation of its unique values for outdoor recreation
including, not merely skiing, but trout fishing, camping, back
packing, and the like, and
WHEREAS, the Board of County Commissioners has been
concerned with the ongoing development of the Frying Pan-
Arkansas project and other such trans-mountain water diversion
programs, both public and private, and
WHEREAS, the Board of County Commissioners in its
Resolution No. 73-61, dated September 24, 1973, expressed its
views, largely critical, on the previous environmental state-
ment with regard to the Frying Pan-Arkansas project, namely
the North Side Collection System, and
WHEREAS, the Board of County Commissioners has
considered the latest three-volume Draft Environmental Statement,
relating to the Frying Pan-Arkansas, the views of local citizens,
and other materials,
NOW, THEREFORE, BE IT RESOLVED that the Board of
County Commissioners offers the following suggestions, views,
and criticism with regard to the Draft Environmental Statement,
published by the Bureau of Reclamation on March 18, 1974, for
the benefit of all those concerned with the Frying Pan-Arkansas
project:
1. The project was intially conceived over twenty
years ago, and initially authorized by Congressional act passed
in 1962. Construction of dams, roads, tunnels, reservoirs,
pipelines and the like are approximately half completed.
While with the passage of the National Environmental Policy
Act (NEPA), the Bureau of Reclamation, the entity charged with
administration and construction of the project, has attempted
to comply with environmental policies, the project nonetheless
remains ongoing upon basic assumptions perhaps no longer true.
Whether those basic assumption be true or not, they ought to
be re-examined continually for application at present, when
such an amount--in scale and in dollars--of construction is
yet to be begun, where that construction lies in large part
in remote wilderness areas, which many, including this Board,
believe ought to be preserved in their natural state.
2. The draft environmental statement envisions the
allocation of some 40,500 acre-feet of water for Eastern Slope
municipal and industrial use, which is approximately half of
the water diverted by the project. The basic assumption
underlying the taking of this water from the Western Slope of
Colorado to build and expand the Pueblo Wests of the Eastern
Slope should be re-examined. While the Bureau attempts to
comply with NEPA by preparing environmental impact statements,
itself is at odds with the policies underlying that
the project
act.
3.
We urge that the basic authorization under which
Ruedi Reservoir was constructed be re-examined. Presently, the
reservoir exists as a replacement water supply and as compen-
sation for Western Slope diversion. We understand that most,
if not all, of the water may be sold or appropriated. It would
be sad, indeed, if whatever water is left after diversion to
the Eastern Slope is sold to oil shale interests further
downstream--leaving little or nothing for those who reside in
the area. Thus, Ruedi's authorization and its use ought to
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encompass recreational uses, by the establishment of a minimum
reservoir level, which would also help reduce air pollution
resulting from wind-blown dust from areas denuded along the
banks of the reservoir below high-water level.
4. Minimum stream flows should be established and
re-examined.
a. Some creeks and streams from which water is
to be diverted have no effective minimum levels established in
the Operating Principles adopted April 30, 1959, as amended
December 30, 1959 and December 9, 1960. For example, the
Operating Principles specify no minimum stream flows for Hunter,
No Name, and Midway Creeks, all of which lie in Pitkin County,
all of which lie in the White River National Forest, and all of
which exist in a valley known for its beauty--a valley which
the United States ForestService in large part has just purchased
for inclusion in the White River National Forest, at a price
of several million dollars. While those three creeks have
informal minimum stream flows established by the Bureau of
Reclamation from advice given in 1969 by the Bureau of Sport
Fisheries and Wildlife, the minimums for these and all other
creeks and streams affected by the project ought to be formally
established so that it is clear that the minimums are binding
upon those administering the project.
b. The minimum stream flows established under
the Operating Principles should be re-examined in light of more
recent considerations as to minimums necessary for the effective
preservation of streams for fish, wildlife, and the fragile
ecosystems in which they exist. It is our understanding that
the State Division of Wildlife has been considering a new method
for the determination of minimum stream flows. That and
other such methods ought to be studied and the minimum stream
flows previously established be re-examined.
c. The establishement of minimum stream flows must
include consideration of existing private water rights down-
stream. If it is determined that an effective minimum stream
flow is 3.0 a.f.s., and a mile downstream 2.0 a.f.s, are
diverted pursuant to legally-established private water rights,
the establishment of the minimum stream flow is highly unreal-
istic.
d. The minimum stream flows for all streams,
rivers and creeks affected by the project should be determined
immediately below and at the point of any diversion. Down-
stream measurements, where the minimum stream flow gains the
benefit of ground water and the run off from other small streams
and creeks, should not be at all controlling.
re-examined as to
underlying NEPA.
The aggregate stream flow at Norrie should be
its adequacy in light of the considerations
5. Ail road cuts for construction purposes should
be kept to an absolute minimum. Only those roads that are
absolutely necessary should be established, and consideration
should be given to returning those roads to a wild state unless
they are absolutely needed for maintenance. Roads that are
established should be closed except for strictly maintenance
and business purposes. Those responsible for administration
and construction of the project should insure that construction
workers are made aware of environmental considerations and
of hunting regulations.
6. Consideration should be given to the elimination
of the diversions from Lime and Last Chance Creeks, which
diversions have been deferred.
7. Thorough consideration should be given to the
proposed contract with the Twin Lakes Reservoir and Canal
Company for release of water in the Lincoln and Lost Man
Creeks.
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8. Finally, short of a complete re-examination of
all phases of the project yet unconstructed, those responsible
for its administration and construction should give greater
consideration at each stage and at each phase to environmental
and recreational concerns.
Dated: N' Zw ' 7~
Nina' J6hnsbn
DepUty Clerk, Pitkin County
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
Joseph.. E ~ ~dwa~s-;-- J~.
Ch~ a i~.~r~n _~
IE~ITED STTf£ES
. DEPAIIT!.~NT Oi,' Ti'FE INTERIOR
BUP~AU OF RECLAi~ATiCN
WESTERN SLOPE UNiT
FRYINGPAN-AKK~NSAS PROO~EGT, COLOi~O
SLOPE CO,.i~:,C,.iO.~ SYo~ ;A
TI{IS CO.~IL~.CT, ~iada and ep. tered into this '' ~-/~ day of
~02' (32~), .a~d~cCs amc;ndatory theresa or supplementary
theroto~ referred to as thc Reclamation Lawsf and particularly the
Act of August 4, 1939, Section 14 thereof (53 Stat. 1187)~ and Sec2
tion 207 of the Flood Control Act of 1960, as'amemded by Section 208
of the Act of October 23, 1962~ (Public Law 87-874); 76 Stat. 1196,
33 U.S.C. 701r-l, 1958 ed. Supp. IV, between Ti~ ~i%D STeUfES OF
AI-~]R!CA, hereinafter referred to as the United States, acting for
this purpose by the officer e>:ecuting this contract, and the CObq~Y
OF PITKIN, a body politic and corporate in the State of Colorado,
acting by and through its duly .authorized representatives, herein~
after referred t6 as the Coungy,
~g-~P~AS, the United States is preparing to construct Ruedi
Dam and Reservoir in Pitkin and Eagle Counties, Colorado, as a part
of the Western Slope Unit of the Fryingpan-Arkmnsas.Project, ~hich
will necessitate the.relocation and improvcmeng of County Road 104
to provide access· to !luedi Dam and Reservoir and features of the '
Western Slope Collection System; and
I.~P~A$, the County is willing to consent to such county
road relocation and improvemen~ by the United States under the terms
and conditions hereinafter set forth.
NOW, TI~PgFODZ, for and in consideration of the mutual
covenants and agreements herein contained, it is agreed by and
between the parties hereto as follows:
- 1. Bureau of Reclamation Dra~ing No. 382-706-1079, Minimum
"c~'~hoad Design Standards Shoat, and Bureau of Reclamation Drawing No.
~f~-706-t~84 are hereto attached as E.,h~b~ts A, B, =nd C, respectively,
and by reference made a part hereof.
b
2. The United States agrees, at its own cost and ezpcnse, to
relocate and improve the existing County Road 104 as indicated on
Exhibit A and in accordance with construction specifications and
drawihgs to be prepared and issued by the United States to which
reference is hereby made. It is furthem agreed that such construc-
tion specifications will contain road designs based upon the stand-
ards shown by Exhibit B, and shall include the typical road sections
shown by Exhibit C.
S'.a. The United States will acquire, at its own cost and
expense, rights-of-way for the construction of the improved arid
relocated portion of the county road herein described. S~ject to
restrictions of applicable statutes, the County agrees to execute
such doc~r~ents as may be required to vest such jurisdiction and
control over tile road here~n described, as may be required by Federal
law as a condition to performing the work and completing the improve-
ments described herein.
b. Upon completion of the relocated road and construction
wo~, the United States will issue to the County an easement for use.
of the road rfghts-of-~ay as a public road to be maintained by the
County.
4. The United States further agrees that in constructing the
relocation and improvements of existing county road herein described,
it will:
a. Notify the County prior to the commencement of construc-
tion hereundor.
b. Complete all such construction in a proPer and workman-
like manner.
c. Maintain suitable facilities around or pass traffic
through such construction so that highway traffic may pass freely
at all times.
d. Provide and maintain suitable and adequate warning signs,
lights, and barricades, if necessary, for the protection of highway
traffic during the period of construction.
e. Restore the portions of the county road affected by such
construction to as good condition as existed immediately prior to
such construction.
f. Remove all rubbish, unused materials, and other materials
used during such construction, and leave the premises in a clean and
sightly condition upon completion of such construction.
5. Prior to commencing construction of the relocation and
improvements of the said county poad, the United States agrees to
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submit to the County the specifications and drawings for such
qonstruction. The County shall review said specifications and
draa~ings and within 10 days after reccipt thereof shall notify
the United States in writing of any revisions or changes desired
by the County° !~ no revisions oz' changes are requested within
the 10-day tine period~ said specific~:tions and drawings shall
be conclusively presumed to bo acceptable to the County. The
specifications and dra~ingo, ho~..~aver, may be amended from
to tinge by %3ritten agreement betueen thc Chief Engineer of the
Bureau of Reclz~nation~ es representative of the contracting
officer~ and the Chaira~.n of the County Doard of Co~aissioners~
and as~ so c~nendod, shall become and remain a part of this con-
tract to the s~-'aa e:~tent as those attached hereto as e::hibitSo
Minor changes or modifications in said plans may Ba made during
the course of construction~ but any substantial change or modifi-
cation shall be made only with tko written approval of both parties
hereto.
6. ~fnen construction of the relocation a~d improvements of
the county road have been completed~ the officer of the Bureau of
Reclamation in charge of the Fryingpan-Arkansas Project shall notify
the County in ~.~iting that the ~ork to be performed by the United
States under this contract has been completed. Unless ~.~itten notice
to the contrary is received from the County within 30 days thereafter,
indicating specifically ~.~herein the work completed is not in conform-
ance with the terms of this contract, the work shall be conclusively
presumed to be satisfactory,
7.a. The County agrees to vacate and abandon the portion of
the existing county road which is to be relocated.
5. Upon completion of the work as hereinabove provided, the
said county road shall be Operated and maintained by the County at
its sole cost gad e>~ense~ it being expressly understood and agreed
that the County's obligation for operation and maintenance shall
co~nence upon the completion of the work to be performed under this
.contract~ regardless of %Weather or not the construction of Ru~di Dam,
Reservoi~ and Western Slope Collection System has then been completed.
is further agreed that the minimum standards for
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operation and raaintenance for the ~.~-~'~road shall conforra with~'
those customarily used for comparable State secondary roads, and
· the roadway shall be cleared of snow~ debris or otker obstructions
to allow normal vehicular traffic in either direction.
d, ~ne County agrees to salvage without cost to the United
States all usable road materials from the ezisting road in the County
such as culverts, bridge ~g~erials, guard rails and posts~ snow fences,
and guide posts which it may desire to salvage, or which, in the
opinion of the contracting officer, would interfere with the construc-
tion, operation, and maintenance of the relocated and improved county
road. The materials so salvaged shall remain the property of the
County. In the event the Cou~]ty fails to remove any such materials
upon request of the contracting officer, the United States may remove
or destroy such materials free from any claim for damage by the County.
8. The United States will reimburse the County for epecific
extraordinary costs that are incurred by the Couaty to provide for safe
travel on the existing county road 104 between tile Pitkin County line
in Ruedi Reservoir and Nest and the relocated portion of county road
lb4 lo~ated between the Pitkin County line in Ruedi Reservoir and Nast
as iden%ified on Exhibit A, which will result from Project use in
moving heavy construction equipment, in hauling construction materials
and supplies to the damsite or other major features of the %festern
Slope Collection System, and increased use of the road by Project
personnel, .constructJon workmen, and residents and visitors to the area.
This w6rk shall consist of sanding of icy stretches, dust palliative,
sien erection, emergency snow removal, cente~ striping, painting of
guar~ramlmng and posts, surface repazrs and such other work as is neeaed
and approved. Normal maintenance activities in accordance with
Articles 7.b and 7.c of this contract such as blading and normal snow
removal, cleaning culverts, pulling ditches, and similar activities
customarily performed, are excluded from t~ provisions of this article.
It is further provided that the aggregate total of payments for extra-
ordinary work required for safe travel shall, in no event, exceed the
s~m of $2Q~000 in any calendar year. Prior to commencing any items
submit their work proposal(s) to the Construction Eng~neer~ Glenwood
Springs, for approval. This shall include an estimate of the equip-
ment, supplies, and personnel required, a~]d the estimated cost of
performing the ~pecific item(s) of work. In consideration of the
faithful performance o~ the individual approved work proposals, the
United States will meimburse the County for the actual cost as set
forth in a certified statement of the work performed: Provided, That
such payments will not be made more often than ~ce each calendar
~onth, and Provided Further, That the County does not undertake or
agree to perform such extraordinary costs beyond the limit of reim-
bursement by the United States.
9.a. The County agrees that it will maintain books and
recomds in such detail as will properly reflect all items of
· costs which'are rein~ursable hereunder, as well as all applicable
credits, and will retain documentary evidence in support thereof,
such as time cards and otha.r payroll records, subcontracts, pur-
chase orders, s~ock requisitions, invoices, cancelled checks, cost
distribution worksheets, and evidence of costs and credits for
recovery and disposal of salvaged materials, adequate to verif~
such costs and credit,'~, g. nd furtt~.cr agrees to preserve such books,
records, and doeu:~:3, nts ~ul-ing tko life of this contract and until
3 years after final payg:ant, and to p~nnit the contracting officer
and the Comptroller Ccnarai of the Unltcd States~ or any of their
authori:~ocl represcntativeg~ to e:~c~aine and audit the gg~:e at all
reasonable fin'.as during such pariod~ an~l g~srees that current
voices or vouchcr$~ ~;kether f. ntcriu% or final~ as %,.~e!l as pay~nants
theretofore ~?~de, sl':all be subject to adjustn:ant based upon any
such audit.
b. Each subcontractor hereunder that is not' on a fi::cd
price basis~ shall include a clause containing conditions similar
to those in paragraph ~ above~ e~cept gubcontracts .or purchase
orders for public utility services at ra~cs established for uni-
form applicability to the general public.
c. If so desired by the County~ and approved'by the
contra~ting officer o~ his authorized rcprasentative~ any of
the work to ba performed hereunder by the County ~m,y be accc~..~-
plish~d by subcontr~cts made by, and in tka nmn~ of the County~
a~ard being ~ade through open cc~pctitive bid~ing~ with the
lop,est qualified responsible bidder accepgab!c to tko County ~
and the centractin% officer or his authorized representative
for the United States, All subcontracts to be executed by the
County shall contain ~he Work Hours~Standards Act clause as
follo~o:
'~Thls contract to the e~tent that it is of a character
specified in tho Contract Uo?k Hours S~andards Act (40 U,s.a.
327-330)~ is subject to the.following provisions and to.all other
applicable provisions and exceptions of ouch Act and the r~gula-
tions of the Secretary of Labor ~hercunder.
(a) Overtzrg~ ro¢u.lr ...... t,,. i~o Contractor or
subcontractor co~'.t~.~actiu~g for any par~ of the con-
tract ~ork lv~zch u~ay require or involve tn,a cmploy-
l~o,erD or ~.3cn~n~cs DD~i
any laborer or n,~cn~nzc in any
is e.~ploy~ on such ~ork to %:orlc in e~:cess of eight
hours in any calcnSar day or in e:.:cess of forty hours
in such ~or~eek on ~:~ork subject to the provision~
of ~he Contract ~7ork Hour~ Standards Act unless such
laborer o~' ~%~chanic receives compensation at g rate
not less than one cud one-half tir~es his basic rate
of pay for all such hours %;orkcd in e::cess of eight
hours in any calendar day or i.~ er:cass of forty
hours in such workuaek, whichcver is the greater
nu~cr of ovcrt:[%u~ ho~rs.
(b) Vie!atio?.; liability for um~::.!d woes·
licuid~ted daz-~'~,~o~ Xu the evcn~ of a~zy violation
of the provisions of paragraph (a)~ the Contractor
and any subcontractor rcsponsiblc therefor shall
be liablc to any affcctad employca for his unpaid
wagcs, in addition, such Contractor and subcon-
tractor shall be liable to the United States for
liquidated darmgcs. Such iiquidatcd dan%Scs shall
be co~.:puted with rcspect to cach individual laborer
or ~achanic en':p!oycd in violation of the provisions
of paragraph (a) in the s~zn of $I0 for each calanda~:
day on which such employee was required or p~T~itted
to be employed on such worh in ~:ccss of cig/at hours
or in ap:cass of the standard workweek of forty hours
~i~hout pabnr, ent of tho overtime wages required by
paragraph (a).
d~,~es, Thc Contract!uS Officc~ n~y wit:hho!d fram
the Govar:;~snt Pri~z~ Contrautor~ f~cm any uonays pay-
able on account of work pcrforz'.ed by tho Contractor
or s~ocontrcctor~ such GumD gs ~:':ay ad~inistrative!y
be datelined to bs necessary to satisfy any liabili-
ties of such Contractor or gubccnt~acto~ for unpaid
wasos and iiquidatcd d~0,gcs as provided in th~
proVls!on~ of pa~agfaph
(d) Subcontracts. Tho Contractor si{all insert
paragraphs (a) through (d) of this clause in all
subcontracts~ gird shall require thsir inclusion in
all s~contracts of any tier."
10.a. It is recognized that initially the stability of the
rclocated and improvcd road Gay not be aqua! in stability to that
of the e~:isting road and that ~roject operations over the road
during tko project construction paricd~ espmcially over n~ erfpap2~-
~ent and through new cuts~ i'aq~oses e:~traordinary ~nintenance condi-
tions until the p~oject construction pericd is co~.p!etedo The United
States will pay to the County al! and any costs and e~pensa necessary
tO maintain proper grade and facilities of the road in the condigion
called for in the spccifications as herein provideS. The Uuitcd
States shall pay to the County, in annual pa~,~nts~ this a~ount for
a paricd of five years fram the date the new road and improvcments
is p!acad in oparation~ ai! or that part of the.cost and e~pensa
of e~traordinary maintcr_2uce of the rc~d, ~hich c&n be attributed to
lack of seasonins~ the cnistcnca'o~ ~ka ~asarvoir~ project construc-
tion activities~ or other clem~nts of hazard not previously e~:isting.
b. The deferred construction cost will comprise the extra-
ordinary m?.inteuance and e::pense rcsu!ting duriu~ the seasoning period
and ~hall i~%clud~ thc cor~ccuivc Ya~agu~es ghat n~y be reciuircd
accoup, t of gubsidcnce~ slidcs~ siips~ s!uks~ sattiins of fills or
repairing eyed ho!din~ ~ocd clear because of slides or washouts, the
rcstol'ation of bridges~ cu!vcrgs and other facilities in case of
subside%ce~ siidcs~ slips~ siuks~ settling of fi!! or washouts~
and Zha raalig~uu~nt an:! resurfaciu~ of the road in
thercwith~ cud corrections of conditions at drainage pipe out-
lets dun to scour. The deferred construction cos~ the United
States is obliged ~o beat unSer the provisions of thio article
is exclusive of ~he specific elltraordinary costs tha~ are in-
curred by the County for maintenance as described
c. Deferred construction may be psrformed by the County
or thc goverr.'5-.ent~ either ~Tith its own forces or by contract. If
perfozvacd by thc Coun~y~ it shall su:Jnult to the contracting officer,
'plar..$~ ~pecif::cations and esti~.'-~ates for deferred construction work.
Plac~ specifications and cstir~ates shall bo approved by the con-
tracti%%g officer before a~:y work to ~'hich th~y relate is cou.v~r, ced.
ll. It i~ understood by the County that in the event of any
msnner of financial participation by third parties in the cosg of
work perform'pad pursuant to this contract, the c~:~ount of such p~rti-
cipation shall be credited to cost in determining paymznts to be
%.nade to the County. Such financial participation includes~ but is
not li%r~Lted to~ grants in aid of cons'~ruction from an ~ency of the
Federal GovcruJ~nt or fro:a any other source; paS~ents r~de by abutting
property o~?f~ors or others to share in the cost of irzprovargamts such as
retaining wails~ roadways~ drivcways~ sidewalks, fencing ar.d similar
it~.~s; reve?~ues realized frcn~ rights-of-way for which the Goverr~-~ent
will bear the cost, such as revenues from temporary retention rights~
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leasing operations, or disposal of bui!dings and other improvements
situated thereon; and other miscellaneous revenue items of this
natures The County agrees to declare to thc United States all third
party financial participation by including them as credits to costs
in the billings rendered for work performed.
12. ~le County shall not ~ploy any person undergoing sentence
of impriso~n~ent at hard labor.
13o During the perforz,.~ance of this contract, the County
hereiDafter in this Article referred to as the Contractor, agrees
as foi!o~s:
(a) The Contractor will not discriminate against
any employee or applicant for employment because of
race, crced, color~ or national origin. The Contractor
~ill take affirautive action to ensure that applicants
are employed, and that employees are treated during
~ap!oy~.~ent~ withouz regard to their raca~ creed, color,
or national origin. Such action shall inc!uda, but not
be limited to~ the following: employ~g, ent~ upgrading,
de,orion or transfer; recruitment or recruitment adver-
tising; layoff or termination; rates of pay or other
forms of ccapensation; and selection for training,
including apprenticeship. The Contractor agrees to
post in conspicuous placas~ available to employees
Cn~ ~p~can~s fo~ empioy~.~ant~ notices to be provided
by th~ COntracting of~ica~ seC~ing f0~h the p~ovi~ions
of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or
advertisements for employees placed by or on.behalf
of the Contractor~ state that all qualified applicants
will receive consideration for employ~..ent without
regard to race, creed, color~ or national origin.
(c) The Contractor will send to each labor unisn
or representative of workers with which he has a
collective bargaining agreement or other contract or
understanding~ a notice, to be provided by the agency
Contracting Officer, advising the said labor union or
workers' representative of the Contractor's co:r~itments
under this nondiscrimination clause, and shall post
copies'of the notice in conspicuous places available
to employees and applicants for employment.
(d) The Contractor will comply with all provisions
of E:~ecutive Order I{o. 10925 of 1.hrch 6, t961~ as
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am~ndad~ and of the rulas~ regulations, and relevant
steers of the ~- ~'-'~
' .,~es_a~.~u ~ Committee on Equal E~aployaant
Opportunity created thereby.
(e) The Contractor ~ill furnish all
and reports.required by E:~ccutive Order No. 10925 of
~iarch 6~ 1961~ as a~?.~nded~ and by the rules, rcgu!a-
tious~ and orders of' the said Co.~.u.~ittea~ or pursuant
thereto~ and ~.~ill pe~nnit access to his books~ records~
and accounts by the contracting agency and. the Cc.~.~it-
tee for purposes of inveptigatio?, to ascertain
ance ~¢itt: such rules~ regniations~ and orders.
(f) In the avant of the Contractor's noncompliance
~ith the nondiscrimination clause of this contract or
with.any of tee said rules, regulations, or orders,
this contract may be cancelad~ t~inatcd~ or suspended
in z4lole or in part and the Contractor may be declared
ina!%gib!e for further Go~ernt:ent contracts in accord-
ance with procedures authorized in Executive Order No.
10925 of 1.iarck 6~ i96!~ as amended¢ and such other
sanctions may be iu?osed and rcuedies invoked as pro~
vided in the said Executive Order or by rute~ regula-
tion~ or order of the President's Con?nittee on Equal
Employment Opportunity~ or. as other~;ise provided by
la~-;.
(g) The Contractor ~:ill include the provisions of
paragraphs (a) through (g) in every subcontract or
purchase order unless exar?ted by rules, regu!ations,
or orders of the President's Co~a%it~ae on Equal Employ-
merit Opportunity issued pursuant to section 303 of
Executive Order No. 10925 of l. farch 6~ 1961, as amended,
~o that suck provisions ~i!l he binding upon each sub-
contractor or vendor. 'A~£he Contractor %~il! take such
action ~ith respect to any subcontract or purchase ~
order as the contracting agency may direct as a means
'of enforcing such provisions, including sanctions for
noncompliance: Provided~ however, that in the event
the Contractor becomes involved in~ or is threatened
'~ith~ litigation ~ith a subcontractor or vendor as a
result of such direction by the contracting agency,
the Contractor may request the United States ~o enter
into such !itiga~ion to protect the interests of the
United States.
*unless otherwise provided, the Equal Opportunity
Clause is not required to be inserted in subcontracts
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belou the second tier c×c~pt' for subcontracts
· involving the performance of ~constzuction workt
at the ~site of construction~ (as those terms
are defined in the Corz~itnee's rules and regu-
lations) in %!hich case the clause nr~st be
inserted in a!i such subcontrccteo S~ocontracts
may incorporate by reference the ~qual Opportunity
Clause."
14. ~enever any notice is required to be given by one of the
parties to the other pursuant to the terms of this aontract~ such
notice shall be effected by the regular mailing thereof, in case of
notice to the County~ addressed ~o the Board of County Ccr~;;issioners
cf Pitkin County at kspen~ Co!orado~ and in case of notice to the
United States to thc ~rojsct i.~nager~ ~yingpan-Arkansas ~roject,
~ureau of Reclamation~ Post Office Box 515~ Pueblo: Coiorado~ 81002.
15. Nothing herein shg!i abridge or modify in any way any
existing agreement between that COunty and Eagle County~ Co!orado~
for maintenance of any county road not affected by the county road
relocation and i~nprove~ents. The County reserves the right to
arrive at a future agreement with Eagle County for maintenance of
county roads: ProvidTfCi~ That any such agreement shall not.diminish
the maintenance provided herein of uhe county road relocation and
improvements cited herein.
16. ~aa liahi!ity of the United States under this contract is
contingent upon the necessary appropriations and reservation of
funds being made therefor.
17. This contract shall he binding upon and inure to the
benefit of the successors and assigns cf the parties hereto.
18. The County ~.~arrants that r.o :person or oe~!~no agency has
.... ~ this contract upon
been employed or retained to solicit or oec~~e
an ~- ~'~ '~ understanding,_or = a con'~t~ission~ -' ~,
pe~ send_se~ broker-
age, or contingent ~ce, " ~ ~ fide .-
~ ' e.~cepu_n= bona en~ployaas or bona ~{de
established cc~r~arcial or se!lin% agencies maintainer by the County
' b_c~.cn or violation of
for the purpose oz securing business. For ~ ~
this warranty~ the United States shall kava the right to annul ti{is
contract %;itkout liability or in its discretion to deduct from the
contract price or consideration: the full amount of such conunission~
percentage~ brokerage~ or cont~oe~ fee.
' ' ~'-, ,' ~ ~ this contract, the term
19. Except for the orieinal olgnzno oz
"contractin~ officcr~" as used herein: shall include his duly appointed
successor.or his duly auuhorized representative.
10
20. No Member of or Delegate to the Congress or Resident Commissioner
shall be admitted to any share or part of this contract or to any benefits that
may arise herefrom, but this restriction shall not b~ construed to extend to this
contract if made with a corporation for its general benefit.
IN WITNESS WHmRmO~, the parties hereto have executed this contract as
of the day and y~ar first above written.
UNITED STATES OF A!~ERICA
'Bureau of
County Clerk
THE BOAPd) OF COUNTY CO,-~.~ISSIONmRS
OF ?ITKIN COUNTY, COLOF~ADO
Vice-Chairman ~ .
STATE O-v COLOP~ADO )
COUNTY OF PiTKIN )
·
The above and foregoing instrument was acknowledged before me this--'
~/~A/4/ day of April, 1965, by Orest/J%. Gerbaz, as Vice-Chairman, and Peggy E.
~oble as Clerk, of the Board of County Co~issiomers of Pitkin County, Colorado.
,My co=ission expires: ~¢~ "
W~TNESS my hand and' official seal.
NOT~{Y PUBLIGI