HomeMy WebLinkAbout630149.tiffTO SIGN CONTRACT WITH
FRANCIS E. WARREN AIR FORCE
BASE PROCUREMENT OFFICE:
WHEREAS, the Francis E. Warren AF 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 AF
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, 1963 and ending May 31, 1964 inclusive,
and
WHEREAS, the Board of County Commissioners believes it to be to the best
interests of the county to sign said contract,
NOW,
Commissioners,
aforementioned
THEREFORE, BE IT RESOLVED, that the Chairman of the Board of County
Weld County, Colorado, be and he is hereby authorized to sign the
contract.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
DATED: October 16, 1963
EGCti
AYES:, /11 -
THE BOARD OF COUNTY COMMISSION
WELD COUNTY, COLORADO
630149
NEGOTIATED CONTRACT
DEPARTMENT
AIR FORCE
REO. NO. OR OTHER PURCHASE AUTH.
CE -64-54
NEGOTIATED PURSUANT
TO
10 u.B.p. Z304 (A) (3)
DISCOUNT TERMS
NET
NO. OF
SHEETS
4
ICTI V E DATE
4-N0V 1963
CONTRACT NO.
AF 48(608)-2902
SHEET
NO.
ISSUED BY
Base Procurement Offte=
P. O. Box 5000
Francis E. Warren Air Force
Wyoming
MAIL INVOICES TO
Base Procurement Office
P. O. Box 5000
Base, Francis E. Warren Air Force Base,
Wyoming
CONTRACTOR (Name and Address)
County of Weld
State of Colorado
Greeley, Colorado
PAYMENT WILL BE MADE BY
Financial Services Division
Francis E. Warren Air Force Base,
Wyoming
SHIP TO (Consignee and Address)
NOT APPLICABLE
DELIVERY
El DESTINATION OTHER (See Schedule)
DELIVERY DATE CS)
See Paragraph 4 of the Schedule
ACCOUNTING AND APPROPRIATION DATA
5743400 304-6723 P458 253400 $670100
CT"
1. Tha
procurement
employees, or (2)
Regulations, Title 13, Par
is a small business concern and is
supplies to be furnished hereunder Cl
the United States, its Territories, its Possessions,
la
2. That it is a ❑ REGULAR DEALER IN, O
3. (a) That it O HAS, O HAS NOT, empl
working solely for the contractor)
to pay any company or pe mission, percentage
information -
incl
IS, O IS NOT, a small business concern. Generally, a small business concern for the purpose
ncetn that (1) 14 not dominant in its field of operation and with its affiliates,
if led as a small business concern by the Small Business AdmiD'.
as amended, which contains the detailed definition
manufacturer of the supplies co
WILL NOT, be ma
Co
vernment
fewer than 500
(See Code of Federal
d procedures.) If Contractor
his contract, it also represents that all
d or produced by a small business concern in
alth of Puerto Rico.
OF, the supplies coveted by this contract,
retained any company
at or secure this contract, and (b)
ot.„ than a full-time bona fide employee working s
o erage fee, contingent upon or res ulting from the award of this
to (a) and (b) above as requested by the Contracting Officer. (For interpretstso
e term "bona fide employee", see Code of Federal Regulations, Title 44, Part 150.)
son (other than a full-time bona fide employee
HAS, O HAS NOT, paid or agreed
the contractor) any fee, corn -
and agrees to furnish
representation,
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 ex tent of any inconsistency between the Schedule and the General
Provisions, the Schedule shall control.
The total amount of this contract is { 250.00 NOT TO EXCEED
By _
COUNTY OF WELD
NAME OF CONTRA TDR
SIGN TURK DATE
Tao V. Rood
October 16, 1963
TYPED NAME
Title Cpmmission.r, District I
UNITED STATES OF AMERICA
By / S N URREE 0 NTRACTING RACTING OFFI ER DATE
LAYLE B. NELSON
TYPED NAME OF CONTRACTING OFFICER
FORM
DD 1 DEC 58 1261
4 U. A GOVERNiMENT PRINTING OFFICE: Ie00-337500
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 any time, by a written 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. If any such change causes an increase or 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 treated .as a termination for conven-
ience under paragraph 7.
7. TERMINATION FOR CONVENIENCE. --The Contracting Officer, by
written notice, may terminate this contract, in whole ' the
convenience of the Government. In such event, the C be
compensated iecord ce with ASPR Section VIII, e ct on this
contract's date. $ i. a�n-'e.. // J .a9
8. ASSIGNMENT OF CLAIMS.-- Chums 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 books, 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. -The 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; la f�termi-
nation; rates of pay or other forms of compensatio • gctpn for
training; including apprenticeship. If this contract e rio 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 forAtandard commercial supplies or raw ma-
terials. 53.L.balssz /r
13. EIGHT -HOUR LAW OF 191- OVERTIME COMPENSATION. --To the41
extent this contract is of a character specified in the Eight -Hour Law of`
1912, as amended (40 U. S. C. 324-326) it is subject to that law; and to c'
this extent the Contractor agrees that no laborer or mechanic doing any cl
pert of the work contemplated by this contract, in the employ of thet\,
Contractor or any subcontractor, shall be required or perm' t t1r{h
more than 8 hours in any one calendar day upon such w
le Art
a9�
compensated for all hours worked in excess of 8 hours • r at not
less than one and one-half times the basic rate of pay for an 8 hou
day. The Government shall impose a $5 penalty for each laborer or 'u
mechanic for every calendar day employed in violation of this clause. Wa
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. -4a) 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 providingany such gratuities to any such officer or employee.
(c) The rights and remedies of the Government provided in this clause
shall not be 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 amended, (50 U. S. C. App.
1211 et seq.), and shell 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.
DDI ooRMt 127O
(To be used with HIM only)
U.S. GOVERNMENT PRINTING OFFICE : 1959 O-
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 op 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 12, entitled "Nondiscrimination In Employ-
ment" is deleted in its entirety.
3. General Provision 13, entitled "Eight -Hour Law of 1912 -
Overtime Compensation" is deleted and substituted with the
following:
13. WORK HOURS ACT OF1962 - - OVERTIME COMPENSATION (OCT.1962)
(The Contractor agrees to insert the following clause in
all subcontracts hereunder with private persons or firms.)
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
GENERAL PROVISIONS (CQNT'D) PAGE 2B
shall be liable to the United States for liquidated damages. Such
liquidated damages shall be computed, with respect to each indi-
vidual 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 subcontractor, 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).
AF 4.8(608)-2902
1. SCOPE AND LOCATION:
COUNTY OF WELD PAGE 3
PROJECT 245-4
WORK ORDER 872-4
SCHEDULE
a. SCOPE: Services to be performed under this contract
shall consist of the removal of snow as necessary to provide
a clear traffic way for automobiles and trucks, known as access
roads to Francis E. Warren Missile Sites 9 and 11.
b. LOCATION: The locations of work to be performed under
the terms of this contract are described as follows:
(1) Site 9 (566-5), Hereford, Colorado - Snow removal
operations for a distance of 0.16 mile, beginning at a point
where the County Road to Grover, Colorado, and the Government -
owned access road intersect and then along said access road to
the security gate at the site proper.
(2) Site 11 (566-7), Nunn, Colorado - Snow removal
operations for a distance of 0.43 mile, beginning at a point
where the County Road and the Government -owned access road
intersect and then along said access road to the security gate
at the site proper.
2. WORK TO BE PERFORMED:
a. It is recognized that the Contractor (Weld County)
performs snow removal on the public roads adjacent and contiguous
to the missile site access roads under this contract. It is the
intent of the contracting parties, and it is hereby agreed, that
the snow removal services to be performed under this contract
shall be similar and equal to the services performed on said
public roads, and shall be at the same frequency.
b. All equipment, supplies, personnel and services necessary
to perform the requirements of this contract shall be furnished
by the contractor.
AF 48(608)-2902
COUNTY OF WELD PAGE 4
SCHEDULE
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 0.16 mile $ 75,00
(2) Missile Site 11, a distance of 0.43 mile $ 175.00
b. In lieu of the fixed charges stipulated in sub -paragraph
3a, above, it is agreed that where actual costs to the Contractor
are less than the fixed prices stipulated in sub -paragraph 3a
above, billing will be made at the lesser amount. Such costs
shall be computed as the average cost per 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 multi-
plied by the average cost per mile, to determine the total pay-
ment for each access road.
4. TERM OF CONTRACT:
4 November 1963
This contract shall become effective __�
and continue in effect to and including 31May l .
BASE PROCUREMENT OFFICE
P. O. BOX 5000
FRANCIS E. WARREN AIR FORCE BASE, WYOMING
REPLY TO
ATTN OF: BPR/Mrs. Jaksch/775-3941 15 October 1963
SUBJECT: Proposed contract for Snow Removal on Access'Roads to Missile Sites 9
and 11.
TO: County of Weld
State of Colorado
Attn: Mr. Tom V. Reed
Greeley, Colorado
1. Enclosed herewith are three (3) copies of subject proposed contract.
It is requested that cover sheet and page 4 of each 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 beireturned to you pr your files.
2. It is also requested that subparagraph b of paragraph 3, page 4, be
considered when the actual (bloat is less than the maximum lump sum amount
you quote in subparagraph a.1 Any assistance desired regarding this
proposed contract may be obtained by writing this office or calling the
above listed phone number.
YLEB. NELSON 1 Atch
Contracting Officer
Proposed contract (3 cys)
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