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HomeMy WebLinkAbout620112.tiffTO SIGN CONTRACT WITH FRANCIS E. WARREN AF 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 automobiles 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 $290.00 for the term of the contract beginning October 15f 1962 and ending June 30, 1963 inclusive, and WHEREAS, the Board of County Commissioners believes it to be to the best interests of the county tosign said contract, 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 17, 1962 BOARD OF CCJiJN WELD COUNTY, COLO Y COMMISSION t---Gcfe3 620112 O Z Cl a ta H z•• ww u�1 aw a P 2 W 3 3 H CY U U p Z¢ U [C H (� V7 H' ow H o -_PHPAItYMENT NEGOTIATED CON .ACT AIR FORCE E'—!CTIVE DATE �i Oct. 1962 SHEET NO. 1 NO. OF SHNETS REQ. NO. OR OTHER PURCHASE ACTH. CE -63-73 NEGOTIATED PURSUANT o u.s.c. 2304 (A) (3 ) DISCOUNT TERMS NET CONTRACT NO. AF 48(608)-2419 ISSUED BY Base Procurement Office P. O. Box 5000 Francis E. Warren Air Force Base, Wyoming MAIL INVOICES TO Base Procurement Office P. O. Box 5000 Francis E. Warren Air Force Base, Wyoming CONTRACTOR (Nam cud Address) County of Weld State of Colorado Greeley, Colorado PAYMENT WILL BE MADE BY Financial Services Division Francis E. Warren Air Force Bass, Wyng SHIP TO (ConsisnN and Address) NOT APPLICABLE DELIVERY F. O. B. In DESTINATION ® OTHER (See Schedule) DELIVERY DATES) See Paragraph 4 of the Schedule ACCOUNTING AND APPROPRIATION DATA 5733400 303-6723 P458 259300 8670100 OONTRACTOR REPRESENTS 1. That it Q IS, Q IS NOT, a small busine cern. Generally, a small business concern for the purpose of Gov- * em anent procurement is a concern that (1 s not dominant in its field of operation and, with its of iliatesi employs fewer than 600 employees, or (2) is certified as a small business concern by the Small Business Administration. (See +€# Code of Federal Regulations, Title 13, part 4G:, as amended, which contains the ' detailed definition and related pro- cedures.) If Contractor is a small business concern and is not the manufacturer of the supplies covered by this con- tract, it also represents that all supplies to be furnished hereunder Q WILL, O WILL NOT be manufactured or produced by a small business concern in the United States, its Territories, its Possessions, or The Commonwealth of Puerto Rico. /8. (a) That it {] HAS Q HAS NOT, employed or retained any company or person (other than a full-time bona fide employee working solely for the contractor) to solicit or secµre this contract, and (b) that it O HAS, Q HAS NUT, paid or agreed to pay any company or person (other than a fuU-time bona Me employee working solely for the contractor) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract; and agrees to furnish information relating to (a) and (b) above as requested by the Contracting Officer. (For interpretation of the representation, including the term "bona fide employee", See Code of Federal Regulations, Title 44, Fart 160.) _ The Contractor agrees to furnish and deliver all the supplies and perform all the services set forth in the attached Schedule, for the consideration stated therein. The rights and obligations of the parties to this contract shall be sub- ject 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 ofthiscontract, 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 $ 200.00 COUNTY OF WELD UNITED STA � NAME O C (.TRACTOR I a y By ier /so eZ. SIONAT RE DA E TOM V. REED ..{{ SIGNATURE OF CONTRACT FI R DATE E. J. flh LI. Ca , USAF t -�JJ theS�QI9 TYPED NAME ClIOI/n1Uu u( Title County Commissioner TYPED NAME OF CONTRACTING OFFICER DD FORM I DEC SS 1261 GENERAL PROVISIONS (SHORT FORM NEGOTIATED CONTRACT) 1. INSPECTION AND ACCEPTANCE•--Lapection sad 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), mad Item Number; contract descrip- tion of supplies or services, sizes, quantities, unit prices and extended totals. Bills of lading number sad weight of shipment will be shows for shipments on Government bills of lading. Unless otherwise specified, payment will be made on accepted partial del whenever such pay- ment exceeds 81,000 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 1 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; (B) method of shipment or packing; and (iii) place of delivery. If any such change an iaciease or decrease in the cost of, or the time requited 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; provide{ 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 say 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 determinationof 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 neees- maintained by the Contractor for the purpose of securing business. For eerily to imply bad faith, or not supported by substantial evidence. The breath or violation of this warranty the Government shall have the right Contractor shall to enacted' a oppOratittrictitrhisIte Meth ofuretP-w-no-LYJ•thls eseotaee-Pilau liability orin-its discretion m.deduce from dence in support of its appeal. Pending final decision of a dispute here- the contract price or consideration, or otherwise recover, the full amount under, the Contractor shall proceed diligently with the performance of the of such commission, percentage, brokerage, or contingent fee. contract sadinaccordance with the Contracting Officer's decision. (b) 16. GRATUITIES. --(a) The Government may, by written notice to the This "Disputes" clause does not preclude consideration of law ques- Contractor, terminate the right of the Contractor to proceed under this tions in connection with decisions provided for in paragraph (a) -above: - contract if it is found, after notice sad hearing, by the Secretary or his provided, that nothing in this contract shall be construed as making duly authorized representative, that gratuities (in the torn of entertain - final the decision of say administrative official, representative, or board menq gifts, or otherwise) were offered or given by the Contractor, or on a quesdonat -.' ..... ...- _. ..—•-•... •••—•—stay agent ot.tepmeeeef![ive,gf,thq Contractotl to any officer employee 6, TERMINATION FOR DEFAULT. --The Contracting Officer, by written of the Government with a view toward seeming a centracior or securing notice, may terminate this contract, in whole or in part, for failure of the favorable treatment with respect to the awarding or amending, or the mak- Contractor to perform any of the provisiens hereof. In such event, the ins of any deermioatfws with respect to the performing of such contract; Contractor shall be liable fee damages, including the excess cost of re- provide{ that the existence of the facts upoa which the Secretary or his procuring similar supplies or services; provided, that if the Contractor's duly authorized representative makes such findings shall be in issue and failure to perform is without its or its subcontractor's control, fault or ' may be reviewed in any competent court. (b) In the event this contract negligence, the termination shall be treated as a termination for convert- is terminated as provided is paragraph (a) hereof, the Government shall ieace under paragraph 7. 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 *mount (as determined by the Secretary or hie duly authorized representative) which shall be not less than three nor more than tea times the costs incurred by the Con - 8. ASSIGNMENT OF CLAIMS.-- Claims for monies due o to become due tractor in providing any such gratuities to say such officer or employee. under this contract shall be assigned only pursuant to the Assignment of (c) The rights and remedies of the Government provided in this clause Claims Act of 1940, as amended, (31 U. S.C,203, 41 U. S. C. 15). However, shall not be exclusive and are is addition to any other rights and reme- payments to an assignee of monies under this contract shall not, to the ex dies provided by law or under this contract. tent provided in said Act, as amended, be subject to reduction or aet-off. lj RENEGOTIA71ON: •This contract, and my sabeantrsc[ hereunder, is 9. EXAMINATION OF RECORDS. --(a) If this contract exceeds $2,500, the Contractor agrees that the Comptroller General of the United States subject to the Renegotiation Act of 1951, as amended, (50 U. S. C. App. or any of his duly authorized representatives shall, until the expiration 1211 et seq.) and shall be deemed to contain all the provisions re - of three years after final payment under this contract, have access to quired by Section 104 thereof, and is subject to any subsequent act and the right to examine any directly pertinent books, documents, papers, of Congress providing for the renegotiation of contracts. 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. load) as implemented by Executive Other 10582 of December 17, 1954, and any restrictions in appropriation acts on the pro- curement of foreign supplies. II. 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; layoff or termi- nation; rates of pay or other forms of compensation; and selection for training; including apprenticeship. If this contract exceeds 82,500, 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 the 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 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 subcontractor, shall he required or permitted to work more than 8 hours in any one calendar day upon such work unless he is compensated for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay for an 8 hour day. The Government shall impose a 85 penalty for each laborer or mechanic for every calendar day employed in violation of this clause. 14. OFFICIALS NOT TO BENEFIT. —No member of or delegate to Con- gtess, or resident commissioner, shall be admitted to any share or part of this contract, or to may benefit that may arise therefrom; but this pro- vision shall not be coastrued 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 written motes, may convesien c contract, in whole or in part, for the e overament. Is such event, the Contractor shall he in ac oral�ne with ASP ection VIII,effect on this aka P4.doe.s rarc.f �a[r.��,. e 3. DD, Fn. 127O (To be used with N/M only) * U.S. GOVERNMENT PRINTING OFFICE : teas 0—UNa7 AF 48(608)-2419 COUNTY OF WELD PAGE 2 PROJECT FEW 576-3 WORK ORDER 7419-63 SCHEDULE 1. SCOPE AND LOCATION: 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 (556-5), 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 opera- tions 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. 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 con- tract, as follows: (1) Missile Site 9, a distance of 0.16 mile, $ 50.00 (2) Missile Site 11, a distance of 0.43 mile, $ 150_ .000 AF 48(608)-2419 COUNTY OF WELD PAGE 3 SCHEDULE 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 com- puted 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 multiplied by the average cost per mile, to determine the total payment for each access road. 4. TERM OF CONTRACT: This contract shall become effective 15 October 1962 and continue in effect to and including 30 June 1965. 5. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT: 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 termin- ated, the Contractor shall be compensated in accordance with ASPR Section VIII, in effect on this contract's data. 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. SUPPLEMENTAL AGREEMEha rsctrvi DATE PAG NO. OF PAGES REQUISITION NO. PURCHASE AUTHORITY CE -63-73 .Hence, 5+ww.. .,..., County of Weld State of Colorado Greeley, Colorado ACCOUNTING AND APPROPRIATION DATA NT CT (.r.el No. 15 Oct 1962 AF 48(608)-2419 ED EY Base Procurement Office P. 0. Box 5000 Francis E. Warren AFB, Wyoming FEJ/hb MODIFICATION NO. 1 5733400 303-6723 P458 2593C0 $670100 R.: The above -numbered contract is in -1.` 0IIY': One (1) 1. By deleting in its entity Genera], Provision 13, entitled "Eight - Hour Law of 1912 - Overtime Compensation" appearing on DD Form 1270 (reverse of cover sheet) and substituting therefor the following: 13. CONTRACT WORK HOURS STANDARDS ACT (PUBLIC LAW 87-581): To the extent that this contract is of a character specified in the Contract Works Hours Standards Act, it is subject to that act; and 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 subcontractor, shall be required or permitted to work more than eight hours in any one calendar day or more than forty hours in any one week upon such work unless he is compensated for all hours worked in excess of eight hours per daper week at not less than one and one-half times the bor o asicrathours eof pay for an eight hour day or a forty hour week. The Government shall impose a $10.00 penalty for each laborer or mechanic for every 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 work week without payment of the required overtime wages. Except as hereby modified, all terms -and conditions. of -said full force and effect. (IF ttiatexitra,L. ...._�_... COUNTY 0 WE a UNITED STATES OF AMERICA N.i SIGNATURE TOM V. REED Chairman E8f f, a Board County Cnmm1RRinnoT+ TITLE )D I MAYY;01320 SIGNATURE OF CONT +Dd _in (a) {-3 OFFIC-r DATE E. JULY Cant USAF TYPED NAME OP CONTRACTING OFFICER stir u. S. GOVERNMENT PRINTING OFFICE. Tiles 554753 .RGION NINE COLORADO NEW MEXICO, UTAH WYOMING Colorado Division Loom Y67, Building 40 Denver Federal Canter Denver 25, Colorado • U..-- DEPARTMENT OF COMMERCE BUREAU OF PUBLIC ROADS Board of County Commissioners Weld County Courthouse Greeley, Colorado December 19, 1961 1 09-05 Colorado_&+AD-27(1) Nunn Missile RoIad REPLY REF Gentlemen: In reviewing the maintenance work required on Project t -1D-21(1), Munn Missile toad, it was noted that there is considerable longitu- dinal creaking, mainly in the shoulder areas. This is cn of the if allowed to continue, may result in costly bits:Ass surface sad subgrade. The Air Force has previously contacted us with regard to lack of maintenance on other Missile roads. We are, therefore, advising you of this condition, anticipating similar complaints at the Nunn project. Should you desire to make a field inspection of the above project, over it with you at any time. we would be very glad to go District # 7 District tt 2 District 43. N6. Sincerely yours, A. R. Abelard Division tggineer Colorado Division Ream 267, *Gilding 40 Daunt Federal Coates Deaver 25, Colorado Board of County Caniesisasts Weld County Courthouse Greeley* Colorado Gantlaam: December 19, 1961 09-05 Colorado t -AD -27(1) Mum Minus and In minus the saiatsaaxa seek required on Project R -1D-27(1)► Muaa Missile Read, it was noted that there is considerable longitu- dinal craokias, moistly in the shoulder areas. This conddttiea if allowed to antis, may result in costly deterioration of the bitrataouus surface and asitrads. The Air Pores has previously contacted us with retard to lack of maiatsasfas on other Missile roads. WO are, thersfers, aerials* yes of this ecaditia, a*tiaSpatigs similar complsiate at the in project. Should you desire to yoke a field inspection of the above project, n would be very glad to es ever it with you at any time. Sincerely yours, A. R. •bslard Division tattooer Hello