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Home My WebLink About620020.tiffa r w STATE: CL,, 3RADO WATERSHED: COALBANK CRExl CONTRACT NO: l2 -1O -O''0-51]. UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE PROJECT AGREEMENT FOR CONSTRUCTION OF STRUCTURAL MEASURES BY CONTRACT (as author- ized 5/15/61 THIS AC:Kir-11T, made this 31st day of JANUARY ,1961 by and between Weld County, Colorado and the West Greeley Soil Conservation Di. tri ct, and the Colorado State Soil Conservation Board, hereinafter called the Sponsoring; Local Organizations; the Colorado State Soil Con- er\' tion Board, hereinafter called the Contractitii; Local Crganization; and the Soil Conservation Service, United States Deportp err: of Agri eu'tu_-e, 'hereinafter called the Service. WITNESSETH THAT: WHEREAS, under the provisions of the Watershed Protection and Flood Prevention Act, the Sponsoring Local Organizations and the Service agreed to a work plan, as supplemented, for the above water- shed, which provides for the installation of certain works of im- provement including those hereinafter referred to, and WHEREAS, the Service will assist the Sponsoring Local Organiza- tions in carrying out the works of improvement hereinafter referred to and in so doing has furnished or has approved plans, surveys, specifications and estimates for said works of improvement. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the. parties hereto as hereinafter set forth, the Sponsoring Local Organizations, the Contracting Local Organization and the Service do hereby agree as follows: A. This agreement covers works of improvement which are described in the above watershed work plan, as supple- mented, as follows: Floodwater -Retarding Structures Nos. CB -2 and CB -3 Coalbank Creek Watershed The cost of construction of the said works of improvement is estimated to be $ 25,000.00 2 ©o/4 Paget B. The Sponsoring Local Organizations will: 1. i.ccent full financial and all other responsibility for excess costs resulting from their failure to obtain adequate land and water rights, nernits and licenses. 2. Enter into a separate project agreement for vegetating the structural measures. C. TT:: Contracting Local Organization trill: 1. Appoint a Contracting Officer, including in his letter of appointment a listing of his duties, responsibilities and authorities. Furnish a copy of such appointment to the State xdninistra- tive Officer. 2. Provide the necessary facilities including clerical and legal assistance for arranging for, letting and administering a contract for the works of improve- ment described under "'." above. 3. Prepare and issue within 30 calendar days from the date of this agreement an invitation for bids which includes Form SCS-1,3 (General Provisions), other requirements of the Service, and special provisions which are mutually acceptable to the Service and the Contracting Local Organization and plans and specifications furnished by or approved by the Service. Secure the State Administrative Officer's written approval of the invitation prior to is- suance. It. Receive, protect and open bids. Determine the low qualified bidder and submit his file and an abstract of all bids together with written recommendation to the State Administrative Officer for approval prior to award. 5. Require the Contractor to furnish a list of all proposed subcontractors, the extent of the work to be done by each, and obtain the approval of the Contracting Officer before the subcontractor begins work. Require the Contracting Officer to secure the concurrence of the State Administrative Officer be- fore giving his approval. 6. Award Contract. Page 3 7. Require the Contracting Officer to secure the approval of the State Administrative Officer before accepting the performance and payment bonds and issuing the notice to proceed. 8. Require the Contractor to furnish a complete construc- tion schedule within ten days following commencement of work and secure the Contracting Officer's approval thereof. Require the Contracting Officer to secure the concurrence of the Government Representative before he approves the construction schedule. 9. Require the Contractor to furnish prior to using any materials on the works of improvement a certification from suppliers that items furnished ,meet all require- ments of plans and specifications unless such certi- fication is waived in writing by the Contracting Officer. Require the Contracting Officer to secure the written approval of the State Administrative Officer before issuing any waiver. 10. Require the Contracting Officer to issue written contract modifications and suspend and resume work orders, including those recommended by the Service. Require the Contracting Officer to obtain prior approval of the Service for all contract modifica- tions and suspend and resume work orders. • 11. Prepare Form SCS-49a, Contract Payment Estimate and Construction Progress Report, as the work progresses at the end of each calendar month or at more frequent intervals when approved by the State Administrative Officer and make payment to the Contractor. 12. Be responsible for seeing that the Contractor exer- cises reasonable precautions for safety of employees on the work and complies with applicable provisions of Federal, State and local safety and sanitation laws, regulations and building and construction codes. 13. Require the Contracting Officer to secure the written approval of the State Administrative Officer before making a final decision on any dispute arising under the contract. 14. Dispose of all disputes resulting from the construction contract. Page 4 15. Hold and save the Service free from any and all claims for injury to persons or damage to property that may arise from this agreement or the con- struction contract. 16. Require the Contracting Officer to obtain the written approval of the State Administrative Officer before terminating the Contractorts right to proceed under the contract and de- claring him in default and take such actions when requested by the State Administrative Officer. 17. Take necessary legal action, including bringing suit if requested by the State Administrative Officer to collect from the Contractor any monies due as a result of (a) erroneous pay- ments, (b) overpayments, and (c) increased costs in the event of default under the terms of the contract, or upon request of the State Administra- tive Officer, assign and transfer to the Service any or all claims, demands and causes of action of every kind whatsoever which the Contracting Local Organization has against the Contractor or his sureties. 16. Determine whether all work has been performed in accordance with contractual requirements. Make arrangements for final inspection of completed works of improvement and work jointly with the Service in conducting the final inspection. 19. Obtain written concurrence of the State Administra- tive Officer prior to notifying Contractor cf acceptance of the job. 20. Upon completion and acceptance of all work, obtain a written release from the Contractor of all claims against the Contracting Local Organization arising under and by virtue of the contract. Amount of claims specifically excepted by the Contractor shall be set forth in the release. 21 Make all records dealing with the letting and admin- istration of the contract available for review by the Service. Preserve all such records for five years from date of completion of the contract and make them available for examina- tion by authorized representative(s) of the Federal Government upon a appropriate notice. Page 5 D. The Service Will: 1. Provide 100 percent of actual cost of constructing works of improvement described under "A" above. This cost to the Service is estimated to be 25,000.00 2. Provide an engineerta estimate of construction cost and recommend length of construction period and dates. 3. Provide results of investigations, tests, surveys and studies as may be available. 4. Counsel with and assist the Contracting Local Organi- zation in their issuance of the bid invitation and awarding and prosecution of the contract. 5. Provide authorized assistance as necessary, including, but not limited to, site investigations, designs and layout, plans and technical specifications, revision of plans and inspections. 6. Review and, if acceptable, approve the notice to prospective bidders and invitation for bids prior to issuance by the Contracting Local Organization. 7. Review low bidderts file and abstract of all bids and, if acceptable, approve award of contract. 8. Provide the services of a Government Representative. 9. Provide the services of Government Inspectors as necessary. 10. Review and, if acceptable, approve bonds, issuance of notice to proceed and construction schedule. 11. Review and,.if acceptable, approve contract modifica- tions and suspend and resume work orders and recom- mend issuance of these documents when the Service deems it desirable. 12. Furnish information to the Contracting Local Organization for preparation of progress and final pay estimates. 13. Upon receipt and approval, if acceptable, of pro- gress payment estimates as the work progresses, make payments to the Contracting Local Organization covering the Service's share of construction cost, withholding 10 percent of the amount due on each progress payment except that: Page 6 ,-\ a. After the work is 50 percent completed and satisfactory progress is being made, the remaining payments may be made in full. b. On completion and acceptance of each separate structure on which the price is stated sep- arately in the contract, payment may be made in full, including retained percentage thereon, less authorized deductions. E. It is mutually agreed that: 1. This agreement shall become null and void 90 calendar days after the date of this agreement in the event a contract has not been awarded. 2. The Contracting Officer is authorized to execute amendments to this agreement on behalf of both the Sponsoring and Contracting Local Organizations where the sole consideration is an adjustment in the amount of Servi9ce funds involved in the construction cost. 3. The contract for constructing the works of improve- ment described under "A" above will not be awarded to the Sponsoring Local Organizations, the Contracting Local Organization or firms in which any official of such organization or any member of his immediate family has direct or indirect interest in the pecuniary profits or contracts of such firm. 4. In the event of default, any additional funds required to assure completion of the job will be provided in the same ratio as construction funds are contributed by the parties under the terms of this agreement. 5. Collected liquidated damages and monies paid by de- faulting Contractors or their sureties will be pro- rated between the Local Organizations and the Service in the same ratio as construction funds are contributed under the terms c£ this agreement. 6. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 7. A final amendment to this agreement will be executed. upon completion of the works of improvement described Page herein to include, but not necessarily limited to: a. A statement that the works of improvement have been completed to the satisfaction of all the parties hereto, and b. A breakdown showing the final construction cost to each of the parties hereto. This action authorized at an official meeting of on day of ,19, at State of By Title (Signature) Date ' (Title) This action authorized at an official meeting of on J' day of Title Date At State of 19 (Signature) (Title) `Page 8 WELD COUNTY, COLORADO TitleChairman, Brd of County Commissioners Date 1/31/62 WEST GREELEY SOIL CONSERVATI0II DISTRICT Title HOl d wV f^ Date /oC110-- COLORADO STATE SOIL CONSERVATION BOARD This action authorized at an official meeting ofBRD OF CO COMMISSIONERS on 15thLday of MAY.": , 19 61, at GREELEY , State of COLORADO (Signa4dre) COUNTY CLERK (Title)Deputy County Clerk This action authorized at fficial m ti oni©,e2X/ a2 f�f l G ti4.0.a..-.., on l` d //alof .'/j 1 mat CA- tee/ State of a X19 do - ('title) This action authorized at an official meeting of the State Soil Con- servatiox�oard on /rl dfay o y),,( tat 77 /y /c rct Jt () �i ll�l Sicnattwj Date /-, z, UNITED STATES 'DEPARTMENT OF AG'ICULTURE SOT CO By Title _ Date St Administrative Officer February 13. 1962 tj_ Ti le Hello