HomeMy WebLinkAbout610008.tiffSTATE: �JLORADO
WATERSHED: COALBANK CREEK
CONTRACT NO: 12-10-050-1412
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
PROJECT AGREEMENT FOR CONSTRUCTION OF STRUCTURAL MEASURES BY CONTRACT
THIS AGREEMENT, made this 29th day of J„pP ,1961
by and between Weld County, Colorado and the West Greeley Soil
Conservation District, and the Colorado State Soil Conservation Board,
hereinafter called the Sponsoring Local Organizations; the Colorado
State Soil Conservation Board, hereinafter called the Contracting
Local Organization; and the Soil Conservation Service, United States
Department of Agriculture, 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 saikworks of improvement
is estimated to be $ 17,000.00
gQ,®0/6
61o007
Page 2
B. The Sponsoring Local Organizations will:
1. Accept full financial and all other responsibility
for excess costs resulting from their failure to
obtain adequate land and inter rights, permits and
licenses.
2. Enter into a separate project agreement for
vegetating the structural measures.
C. Tt.cc Contracting Local Organization will:
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 Administra-
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 "A" above.
3. Prepare and issue within 30 calendar days from the
date of this agreement an invitation for bids which
includes Form SCS-li3 (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.
4. 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
o be done by each, and obtain the approval of the
Contracting Officer before the subcontractor begins
:pork. 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 perfornance and payment bonds and
issuing the notice to proceed.
8. iteouirc the Contractor to furnish a complete construc-
tion schedule within ten days following commencement
of :rork 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 norks of improvement a certification
from suppliers that items furnished meet all reouire-
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 O£ficur 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.
c
Page 14
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 cf (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 of
acceptance of the job.
2O. 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
$ 17,000.00
2. Provide an engineer's 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.
IL. 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 bidder's 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.
1O. 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:
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 menber 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 cf 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 7
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
Date '
(Signature)
(Title)
This action authorized
at an official meeting
of
BY day of _
At
Title
Date
on
19
State of
(Signature)
(Title)
Pale 8
WELD COUNTY, COLORADO
By12/
TitleChairman. Brd of County Commissioners
Date JUNE 24, 1961
WEST GREELEY SOIL CONSERVATION DISTRICT
This action authorized
at an official meeting
of Board of County Cnmmissiaars
on 15 iay of
MAY , l9 6L, at
Greeley , State of
Colorado
AT itT: O
Count.i e)
Deputy( tSltik
This action authorized
at n offici 1jaeeting
of
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COLORADO STATE SOIL CONSERVATION BOARD
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UNITED STATES D
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By
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ARTMENT OF AGRIC
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This action authorized
at an official meeting
of the State Soil Con-
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