Loading...
HomeMy WebLinkAbout640139.tiffTO SIGN CONTRACT WITH FRANCIS E. WARREN AIR FORCE BASE PROCUREMENT OFFICE: WHEREAS, the Francis E. Warren Air Force Base Procurement Office has presented a contract for removal of snow as necessary to provide a clear traffic way for automobile and trucks on the roads known as access roads to Francis E. Warren Air Force Base Missile Sites 9 and 11, and WHEREAS, District Number One will be paid a lump sum of $250.00 for the term of the contract beginning October 16, 1964, and ending May 31, 1965,. ---- inclusive, and WHEREAS, the Board of County Commissioners believes it to be to the best interests of the county to sign said contract. NOW, THEREFORE, BE IT RESOLVED, that the Chairman of the Board of County Commissioners, Weld County, Colorado, be and he is hereby authorized to sign the aforementioned contract. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: DATED: OCTOBER 7, 1964 (; r AYES: _ THE BOARD OF COUNTY COMM LONERS WELD COUNTY, COLORADO 640139 MB: 33 Page 4! c7 LHR 77 HEADQUARTERS 809TH COMBAT SUPPORT GROUP (SAC) UNITED STATES AIR FORCE FRANCIS E. WARREN AIR FORCE BASE, WYOMING REPLY TO ATTN OF t SUBJECT, TO Base Procurement Office, P. 0. Box 5000 2 October 1964 Contract No. AF 48(608)-3197 for Snow Removal on Access Roads to Missile Sites 9 and 11. County of Weld State of Colorado Greeley, Colorado 1. Enclosed herewith are three (3) copies of subject contract. It is requested that cover sheet be completed where red check marks appear, inscribe date of signing to right of signature and return all copies to this office. After further completion by this office one (1) copy will be returned to you for your files. 2. Any assistance desired regarding this contract may be obtained by writing this office or phoning Mrs. Jaksch, 775-3941. 0LUCIJJF G. 'KEFFE 1 Atch Chief, Services Sion Contract AF 48(608)-3197 (trip.) :r Fu` / � Y�,. NEGOTIATED CONTF r i, NO. 1 SHEETS REQ. NO. OR OTHER PURCHASE AUTH. NEGOTIATED PURSUANT TO 10 U.S.C. 2304 (A) ( 1 DISCOUNT TERMS CONTRACT NO. lei f• 1„" ISSUED BY Base Pr ‘ P, 0,, !iox , '-air. MAIL INVOICES TO Of:' :r, i r< e „1-sr^ren AF11N 'Jornrrll CONTRACTOR (Name and Address) I .. ' ., ,(II. °_ _. Greeleid Colorado en PAYMENT WILL BE MADE BY /� d? 'finance 0ffir.T.,1, f1^ SHIP TO (Condpeie and Address) — - O 00 DELIVERY F.O.B. ❑ DESTINATION E1 OTHER (See Schedule) DELIVERY DATE (S) , 16 4 of the Schedule ACCOUNTING AND APPROPRIATION DATA 'ITIk" S rQs1 Rl;^AT'ilaTTS. - Govet6-ment than 500 of Federal If Contractor that all concern in fide employee or agreed any fee, com- to furnish representation, - 1. That it 0 IS, 0 IS NOT, a small procurement is a concern that (1) employees, or (2) is certified Regulations, Title 13, Part 103, is a small business concern and supplies to be furnished hereunder the United States, its Territories, 2. That it is a ❑ REGULAR DEALER 3. (a) That it ❑ HAS, 0 HAS NOT, working solely for the contractor) to pay any company or pe mission, percenta rokerage informal mg to (a) and i g the term "bona fide employee", business concern. Generally, is not dominant in its field as a small business concern as amended, which contains is not the manufacturer of 0 WILL, ❑ WILL NOT, its Possessions, or The Comm IN, 0 MAN jj IACJRER emplo rettained any cit or secure this contract, other than a full -tone bona fee, contingent upon or res (b) above as requested by see Code of Federal SITID...{}...G a small business concern of operation and with by the Small Business Administraf the detailed definition and the supplies coveted be manuf or produced of Puerto Rico. OF, the supplies covered company or person (other and (b) that it ❑ fide employee working solely ulting from the award of the Contracting Officer. (For Regulations, Title 44, Part ORPORAI'If)1Y-•i tesepeerw4—ism for the purpose of its affiliates, employs.fewer r -(S ee Code procedures.) is contract, it also represents by a small business by this contract. than a full-time bona HAS, 0 HAS NOT, paid for the contractor) this contract; and agrees interpretation of the 150.) the Stn erh.,...—., as°{e 41,4444,304DUAL-{}.!isARTNEN e4 The Contractor agrees to furnish and deliver all the supplies and perform all the services set forth in the attached Sched- ule, for the consideration stated therein. The rights and obligations of the parties to this contract shall be subject to and governed by the Schedule and the General Provisions. To the extent of any inconsistency between the Schedule or the General Provisions and any specifications or other provisions which are made a part of this contract, by reference or otherwise, the Schedule and the General Provisions shall control. To the extent of any inconsistency between the Schedule and the General Provisions, the Schedule shall control. The total amount of this contract is $ .__. .. .. UNITED STATES OF AMERICA By DA,4UREE&cTING NAME OF CONTRACTOR Be -4 64 i 7 Elmer L. Shul z OFFICER ATE YLE B. NELSON TYPED NAME ✓Title Chairman, Board of County Commissioners TYPED NAME OF CONTRACTING OFFICER DD FORM 1261 1 DEC 58 * U. 5. GO'YIRN!M P'NT PRINTING OFFICE: 1160-537805 GENERAL PROVISIONS (SHORT FORM NEGOTIATED CONTRACT) 1. INSPECTION AND ACCEPTANCE. --Inspection and Acceptance will be at destination, unless otherwise provided. Until delivery and accept- ance, and after any rejections, risk of loss will be on the Contractor un- less loss results from negligence of the Government. 2. PAYMENTS. --Invoices shall be submitted in quadruplicate unless otherwise specified and shall contain the following information: Con- tract Number, Order Number (if any), and Item Number; contract descrip- tion of supplies or services, sizes, quantities, unit prices and extended totals. Bills of lading number and weight of shipment will be shown for shipments on Government bills of lading. Unless otherwise specified, payment will be made on accepted partial deliveries whenever such pay- ment exceeds $1,000 or 50 per cent of the total amount of this contract. 3. DISCOUNTS. --Discount time will be computed from date of delivery at place of acceptance or from receipt of correct invoice at the office spec- ified by the Government, whichever is later. Payment is made, for dis- count purposes, when check is mailed. 4. CHANGES. --The Contracting Officer may at anytime, by awritten order, and without notice to the sureties, make changes, within the general scope of this contract, in (i) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the Govern- ment in accordance therewith; (ii) method of shipment or packing; and (iii) place of delivery. U any such change causes an increase CO decrease in the cost of, or the time required for, performance of this contract, whether changed or not changed by any such order, an equitable adjust- ment shall be made by written modification of the contract. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim if asserted prior to final payment under this contract. Failure to agree to any adjust- ment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the con- tract as changed. 5. DISPUTES. --(a) Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall mail or otherwise furnish a copy of his decision to the Contractor. This decision shall be final and conclusive unless within 30 days after receipt of such copy, the Contractor mails or otherwise fur- nishes to the Contracting Officer a written appeal addressed to the Secretary. The decision of the Secretary or his duly authorized represen- tative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as neces- sarily to imply bad faith, or not supported by substantial evidence. The Contractor shall be afforded an opportunity to be heard and to offer evi- dence in support of its appeal. Pending final decision of a dispute here- under,the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. (b) This "Disputes" clause does not preclude consideration of law ques- tions in connection with decisions provided for in paragraph (a) above: provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 6 TERMINATION FOR DEFAULT. --The Contracting Officer, by written notice, may terminate this contract, in whole or in part, for failure of the Contractor to perform any of the provisions hereof. In such event, the Contractor shall be liable for damages, including the excess cost of re - procuring similar supplies or services; provided, that if the Contractor's failure to perform is without its or its subcontractor's control, fault or negligence, the termination shall be treatedSs a termination for conven- ience under paragraph 7. 7. TERMINATION FOR CONVENIENCE. --The fiver, by written notice, may terminate this contract, in wh or �[, for the convenience of the Government. In such event, th ntractor shall be compensated in ccordance wi ASPR Section VIII, in effect on this contract's date) / t a 8. ASSIGNMENT OF CLAIMS. --C aims for monies due or to become due under this contract shall be assigned only pursuant to the Assignment of Claims Act of 1940, as amended, (31 U. S. C. 203, 41 U. S. C. 15). However, payments to an assignee of monies under this contract shall not, to the ex tent provided in said Act, as amended, be subject to reduction or set-off. 9. EXAMINATION OF RECORDS. --(a) If this contract exceeds $2,500, the Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent hooks, documents, papers, and records of the Contractor involving transactions related to this con- tract. (b) The Contractor agrees to include the clause in (a) in all its subcontracts hereunder, except purchase orders not exceeding $2,500. 10. FOREIGN SUPPLIES. --This contract is subject to the Buy Ameri- can Act (41 U. S. C. 10a -d) as implemented by Executive Order 10582 of December 17, 1954, and any restrictions in appropriation acts on the pro- curement of foreign supplies. 11. CONVICT LABOR.-=l'he Contractor agrees not to employ for work under this contract any person then imprisoned at hard labor. 12. NONDISCRIMINATION IN' EMPLOYMENT. --In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, de- motion or transfer; recruitment or recruitment advertising; layoff or termi- nation; rates of pay or other forms of compensation; and selection for training; including apprenticeship. If this contract exceeds $2,500, the Contractor agrees to post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of the "Nondiscrimination" clause and further agrees to insert this clause in all subcontracts here- under, except subcontracts for standard commercial supplies or raw ma- terials. 13. EIGHT -HOUR LAW OF 1912 - OVERTIME COMPENSATION. --To thert extent this contract is of a character specified in the Eight -Hour Law oft6 1912, as amended (40 U. S. C. 324.326) it is subject to that law; and to to this extent the Contractor agrees that no laborer or mechanic doing any - part of the work contemplated by this contract, in the employ of the Contractor or any subcorVOCI be required or permitted to work vi more than 8 hours in any day upon such work unless he is compensated for all hours worked in excess of 8 hours per day at nop`� less than one and one-half times the basic rate of pay for an 8 hour's day. The Government shall impose a $5 penalty for each laborer or mechanic for every calendar day employed in violation of this clause. _O 14. OFFICIALS NOT TO BENEFIT. --No member of or delegate to Con- gress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this pro- vision shall not be construed to extend to this contract if made with a corporation for its general benefit. 15. COVENANT AGAINST CONTINGENT FEES. --The Contractor war- rants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 16. GRATUITIES.-s(a) The Government may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract if it is found, atter notice and hearing, by the Secretary or his duly authorized representative, that gratuities (in the form of entertain- ment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the mak- ing of any determinations with respect to the performing of such contract; provided, that the existence of the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this contract is terminated as provided in paragraph (a) hereof, the Government shall be entitled (i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Con- tractor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided in this clause shall notbe exclusive and are in addition to any other rights and reme- dies provided by law or under this contract. 17. RENEGOTIATION. --This contract, and any subcontract hereunder, is subject to the Renegotiation Act of 1951, as emended, (50 U. S. C. App. 1211 et seq.). and shall be deemed to contain all the provisions re- quired by Section 104 thereof, and is subject to any subsequent act of Congress providing for the renegotiation of contracts. DD,FDORMS 1 27O (To be used with H/Af only) EC S * a.5, GOVERNMENT PRINTING cornet less n— GENERAL PROVISIONS (CONT'D) PAGE 2A 1. General Provision 7, entitled "Termination For Convenience" appearing on DD Form 1270 (reverse of cover sheet) is deleted and substituted with the following: 7. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (JAN. 1960) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the Government. If this contract is for supplies and is so terminated, the Contractor shall be compensated in accordance with ASPR Section VIII, in effect on this contract's date. To the extent that this contract is for services and is so terminated, the Government shall be liable only for payment in accordance with the payment provisions of this contract for services rendered prior to the effective date of termination. 2. General Provision 13, entitled "Eight -Hour Law of 1912 - Overtime Compensation" is deleted and substituted with the following: 13. WORK HOURS ACT OF 1962 -- OVERTIME COMPENSATION (OCT. 1962) The Contractor agrees to insert the following clause in all subcontracts hereunder with private fines or persons. This contract, to the extent that it is of a character specified in the Work Hours Act of 1962 (Public Law 87-581, 76 Stat. 357-360) and is not covered by the Walsh —Healey Public Contracts Act (41 U.S.C. 35-45), is subject to the following provisions and to all other provisions and exceptions of said Work Hours Act of 1962. (a) No contractor or subcontractor contracting for any part of the contract work shall require or permit any laborer or mechanic to be employed on such work in excess of eight hours in any calendar day or in excess of forty hours in any workweek unless such laborer or mechanic receives compensation at a rate not less than one and one—half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours. (b) In the event of any violation of the provisions of paragraph (a), the contractor and any subcontractor responsible for such violation shall be liable to any affected employee for his unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed, with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of forty hours in a workweek without payment of the required overtime wages. (c) The Contracting Officer may withhold, or cause to be withheld, from moneys payable on account of work performed by the contractor or subcon- tractor, the full amount of wages required by this contract and such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for liquidated damages as provided in paragraph (b). AV 48(608)-319 COUNTY OF :'•T;, SCMDUL� 1. SCOPE AN') a. SCOPE: Services to be performed un,...r• t.:, ..:r.;..,..?!, . . -. ,:I.l ,: ,.,;-:i; of the removal of snow as necessary to provide, -a .1.;.;It, ,.rv,it c t•;x; :,r 1.tmoOlles and trucks, known as access roads to Francis t:. .: ti .�y _:1: il� !Ate, ii ;trd 11. b. LOCATION: The locations of lyork to r:, t.'r l ,�►r; r.' '.'r;;. Lit -in:; of this eontraci. a ,L dowribe4 as 1 !io`•l: (1) $sees 9 (566-5) , Hereford, Colorado - Snow removal operations for a c intanco of 0.16 mile, beginning at a point when, ;;., , r t.. 6rovor, .n,nd the Crwer`•If'een-otfrnrrt ac •. .. 1 :'i :?.lr,lr;' aid (2) site 31 (566-7), L4inct, t 1{:t';►.IC, N , .j.. .::, .t for a distance of 0./:3 bcgirininrr at a no:i rl`. ':?n ;r2i , i ,ye the Government -owned aco+ sf:, road intersect Anil ►: tar .. .:3..,. - •' 4C•;,. 1 Ac.. ...c, the security gate at the site proper. 2. WORK TO BE PERFORMED: a. It is recognized that the Contractor ( „c?.d County)) perfi:.rms snow removal on the public roads adjacent and cunt i;~t.:c?:.: '. �.o <:I;c r i = • r ] ,.> _:.i :., ,e„F,,,,,.. roads under this contract. It is the intent of t, r,t..a -.0t . n,. it is hereby agreed, that the snow v'er.;ow i. set':.i� ;,t� !;C.' ;7(:I`t"- i s , +ii:: r this contract shall be similar and equal to the r rvie' .1 pt;r'10 ,1e:d on said public roads, and shall be at the same frequency. b. All equipment, supplies, personnel and :;erv.icec necw;sary to perform the requ;iroments of cn;s contract shall be ft.rni::Ies,:d by the cca;,.::,r. 3. CONSIDERATION: a. For work performed under this contract, the Contractor will be paid a maximum lump sum amount for the entire period of the contract as follows: (1) Missile Site 9, a distance of 0.36 mile.17.0R (2) "Ii si3.r. Sit.: 11, a dist•wee b. In lieu of the fixed charges stipul.at-cct in :-- -pavane:.e)1i .i , :ehov•:, it is agreed that where actual costs to the Cont-Iactcu' Mfe less than the fixed prices stipulated in sub -paragraph 3a above, bilii≥✓tg will be made at the lesser amount. Such costs shall be computed as the. tv. L':.t };; ;est per AF 48(608)-3197 COUNTY OF WELD PAGE 4 SCHEDULE CONTtD mile for the winter season for snow removal in the same general area in which the Missile Sites are located. The length of each access road, measured to the nearest one —hundredth of a mile, will be multiplied by the average cost per mile, to determine the total payment for each access road. 4. TERM OF CONTRACTt This contract shall become effective 15 October 1964 and continue in effect to and including 31 May 1965. WELL- COUNTY, COLOAv7) Office of BOARD OF COUNTY COML1 a'SIC1 R Base Procurement Office P. 0. Box 5000 Frances E. Warren Air Base 82003 GREELEY, CO; O. , _Jla .1�. .. _ TO I LU COUNTY, LL. 1:% 64. ...y. .-... r.. iJ ixr s ri• Please make remittance payable to WILD cou rr ct Caa__ j:? i _ Snow Removal Contraci with Weld County, Colorado ! 25%421_ ..__ Rasa Miss1. Sites 9 and 11.. (Wald County LHR 77) 1 Warren '(.{'t An base LEGISLATIVE HISTORY RECORD DETAIL Snow removal from access roads DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME PAGE 10/17/62 Dist 1 to be paid 200.00 for term of contract 10/15/62-6/30/63 32 61 Chairman auth to Sipes (Recp. No. 18397 - 6/11/62 * 12/1961 Nunn Missile Rd (Atlas) Proj R -AD -2701) 10/16/63 Contract: Dist 1 to be pd $250.00 per yr:auth to sign: 32 365 expires 5/31/64 5/16/63 Receipt No 18916 $200,00 10/7/64 Dist 1 to be pd $250,00 for term 10/16/64 thru 5/31/65 �..S- 33 48 5/17/66 Missile deactivated - contract terminated FILE NO. TOPIC - 77 Warren (FE) AF Base Snow Removal Contract 17 May 1966 Reference attached bilking for snow removal services, which is being returned per telephone conversation with Mrs. Flaackyour office. Since these sites have been deactivated, a snow removal contract was not issued this past year. The last Air Force Contract No. AF 48(608)-3197 was issued 15 October 1964 to cover these two sites but expired 30 June 1965. Thanks, Mrs. L. G. Keffer Base Procurement Office F. E. Warren AFB, Wyoming WED C 0 U N T Y. C 0 L'fl R A DO Office of BOARD OF COUNTY COMMISSIONERS GREELEY, COLO., Base Procurment Office P. 0. Box 5000 Frances E. Warren Air Base TO VELD COUNTY, DR. Wyoming May 28 Weld County District Ho. One D�Aa�p make remittance payable to WELD COUNTY, COLORADO l 65 DEPT. $emoval Contract with Weld County fo1orado I 290 00 _. _509w Base Missle Sites 9 and 11 (Weld County LHR 77) F 1O2JO RECEIVED 0 r -(J /O 196 NO. 397 02.a, 401' \e1D �1`�' �'�+''/telt DOLLARS O /4, -7*/1 77 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ANN 8PONER, CLERK OF THE BOARD Da07T Hello