HomeMy WebLinkAboutC87-155 DOW contract for habitat improvements on Roaring Fork RiverSTATE OF COLORADO Roy,Romei;, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE James B. Ruch, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 July 9, 1987 Mr. George A. Gates Chairman, Protem Eagle County Board of County Commissioners Box 850 Eagle, CO 81631 Re: Contract #502 Biebl Project REFER TO: 1700 Gp1AR9p0 OF �yq Enclosed is state warrant in the amount of $5,000 as payment on enclosed fully executed contract for habitat improvements on the Roaring Fork River. We appreciate your patience concerning the lengthly delays that occurred in processing this agreement. Sincerely, Llyntinter Contract Coordinator Enc. cc: Allan Czenkusch DEPARTMENT OF NATURAL RESOURCES, Clyde O. Martz, Executive Director . WILDLIFE COMMISSION, Rebecca L. Frank, Chairman George VanDenBerg, Vice Chairman . Robert L. Freidenberger, Secretary . Eldon W. Cooper, Member . William R. Hegberg, Member Dennis Luttrell, Member . Gene B. Peterson, Member . Larry M. Wright, Member b Form 6 -AC -02A (R 5/85) UEPARTMtN'r OR AGENCY NUMBER ® C87-155-04 34 02 00 r #502 CONTRACT ROUTING NUMBER THIS CONTRACT, made this iJ51�_ day of June 198 7 , by and between the State of Colorado for the use and benefit of the Department of 't NaturalResources acting by and through the Division of Wildlife hereinafter referred to as the State, and °Z Eagle County Board of County Commissioners Address: Box 850. e Colorado 81631 hereinafter referred to as the contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains av it ble for payment in Fund Number 2 0 0 2 G/L Account Number 5006�Contract Encumbrance Number -� , : and 02 03 115 19906 WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS.'' the State has agreed to enter into this agreement with the Contractor to enhance the environment and improve fish and ' wildlife habitat on.public lands within the State of Colorado, and WHEREAS, the construction of these habitat improvements will enhance the recreational resources and opportunities for the citi- zens of and visitors to the State of Colorado, and WHEREAS, the State and Contractor are desirous of cooperating on the completion of this project, and NOW THEREFORE. it is hereby agreed that 1• .a The Contractor shall: A. Be responsible for the engineering and contract- ual agreements for the Biebl Project on the Roaring Fork River in Eagle County in Section 33, T. 7 S., �. R. 86 W., 6th P.M. Work is described in the Work Plan (Exhibit A attached hereto and incorporated by this reference). B.. Agree to furnish supervision and a contact officer for the project work while it is in progress. ;-, n11_ rare— and post-treatment mon- itoringyof fish populations and habitat conditions in cooperation with the State. D. Provide to the State an acceptable progress report due January 1, 1988 which will include an account- ing of all costs and work accomplished. 39533fl't-1014 Page 1 of 4 pages *(Sec instructions on reverse of last page.) 163 E. To the extent authorized by law, the Contractor shall indemnify and hold harmless the State against any and all claims, damages, liability and court awards in- cluding costs, expenses and attorney fees incurred as a result of any act or omission by the Contractor, or its agents, subcontractors or assignees pursuant to the terms of this agreement. 2. The State Shall: A. Upon satisfactory completion of all work provided for in the Work Plan (Exhibit A) pay to the Contractor the sum of Five Thousand and no/100 Dollars ($5000). B. Provide a habitat biologist to coordinate with and provide assistance to the Contractor during the term of the project. C. Obtain, or assist in obtaining, any permits that may be necessary for the completion of the project. D. Reserve the right to audit the Contractor's document- ation and progress reports on demand at reasonable times. 3. It Is Mutually Agreed: A. This agreement shall become effective June 15j_1987,and be in full force and effect through May 31, 1988 B. Either party may terminate this agreement by providing thirty (30) days written notice. page 2 or 4 pages 0 Form s -Ac -02B SPECIAL PROVISIONS ' PROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay- ment of money by the State.. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this con- tract, duly execute and deliver to and file with the official whose signature appears below for}he State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one- half of the total amount payable by the terms of this contract Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, teamhire, sustenance, pro- visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as amended. 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon- tractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con- tracting agency and the office of the Governor or hi: designee for purposes of investigation tv asuertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or dis- criminate against any of its members in the full enjoyment of work opportunity, because of race, creed, ;tional oiigin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complyifig with theprovisions of this contract or any order issued thereunder, or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395-53-01-1022 page 3 _. of 4.._ pages Revised 11-85 Fbrm 6 -AC -02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this con- tract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or sus- pended in whole or in part and the contractor_ may be declared ineligible for further State contracts in r accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8),in every sub -contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance: provided, however, that in the event the con- tractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of -Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8-17-101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State. are undertaken hereunder and are financed in whole or in pan by State funds. b. When a construction contract for a public project is to, be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this sub- section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision. of this contract whether or not incor- porated herein by reference which provides for arbitration by any extra judicial body or person or which is other- wise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or other- wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18-8-301, et. seq.. (Bribery and Corrupt Influences) and 18-8-401, et. seq.. (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro- visions is present. 10. The signatories aver that to their knowledge. no state employee has a personal or beneficial interest what- soever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor : (Full Legal Name) Eagle County Board of STATE OF COLOR D County commissioners ROY ROME_RJrVO R e:71 I 1 By •i EXECU71 p °� (for)Clyde Position (Title) aglz r� ` ` a^" Naval U wru/ hammer R Ftskral IV h.mrwr DE PA RTM'6NT OF NaturalResources DIVISION OF WILDLIFE APPROVALS ATTORNEYA1,E RAOODARD CON LLER By By Aftg JAMES A. STROUP eneral LegAl Services' PW 4 wl"-h u aw WI d 4 !w3.3}-01•IO W IRe.wd 3lY�1 "Set wa rb lase. an re.eew "k Ix ru 2161" M ~ 1 EXHIBITiN WORK PLAN for the Roaring Rork River Stabilization Project Construct three rock drop structures with adequately -sized rock at locations shown on attached map. Rock to be hauled from BLM land north of EI Jebel. Structures to be installed with trackhoe equipped with thumb. Approximately 10% of rock required per structure to be stockpiled at each structure for repair Use after first high water; if not needed for repair, to be placed as habitat clusters downstream and out Of main chanHul (to avoid creating hazards to navigation). Structures to be located and built as per permits from Corps of Engineers and Eagle/Garfield Counties. Cabled Trees Cottonwood trunks (branches removed) installed above upper structure on north bank, on Hoban and 8abossi properties. Trees cabled to deadmen and backfilled between trees and existing bank with material from gravel plug at the mouth of obsolete (Cole) channel. Upper end of deadmen assembly independently anchored to deadman buried on top of bank on 8abossi's east property. _ Nature Irail Nature trail roughed in between lower structure and Outdoor Education Center, to incorporate as much machine disturbance as possible created by hauling rock to floor sites. Rest of nature trail to be completed in summer 1987 by DOW, ACES and RE -1 School District volunteers. Wet -site machine scars and unstable banks planted with willow shoots before break of dormancy (i.e., before buds swell). Dry-stte machine scars, top of dike and other bare ground planted with grass-forb seed mix, raked or harrowed, and mulched with blown straw or hay. First rock source to be included; second rock source to be done after Eagle County's Hooks Bridge project with theirlhelp. PhasePhase '2 ------ 2 of this project is not to be considered part of this work plan but will be done later as a separate project. It will include making necessary repairs to structures after high water' placing habitat rocks, completing the nature trail and designing and installing interpretive signs. * EXHIBIT A-1 0 I uI W F, W Q 1 I N ' J CO W H � OO F - Q Z O F - Q N H ' J H C] Q F- N W Y . O Li. to Z cc Q O 9 Ll 1 uI W F, W Q 1 I N ' J CO W H � OO F - Q Z O F - Q N H ' J H C] Q F- N W Y . O Li. to Z cc Q O 9 Ll