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
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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
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