HomeMy WebLinkAbout51639
RESOLUTION NO. 5163
RESOLUTION AUTHORIZING THE FILING AN
APPLICATION WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED STATES OF AMERICA,
FOR A GRANT UNDER THE URBAN MASS TRANS-
PORTATION ACT OF 1964, AS AMENDED.
WHEREAS, the Secreteary of Transportation is authorized
to make grants for mass transportation projects;
WHEREAS, the contract for financial assistance will impose
certain obligations upon the applicant, including the provision by
it of the local share of project costs;
WHEREAS, it is required by U.S. Department of Transportation
in accord with the provisions of Title VI of the Civil Rights Act of
1964, that in connection with the filing of an application for assist-
ance under the Urban Mass Transportation Act of 1964, as amended,
the applicant give an assurance that it will comply with Title VI of
the Civil Rights Act of 1964 and the U.S. Department of Transportation
requirements thereunder; and
WHEREAS, it is the goal of the applicant that minority
business enterprise be utilized to the
connection with this project, and that
established and administered to ensure
shall have the maximum feasible opport
when procuring construction contracts,
or consultant and other services;
fullest extent possible in
definite procedures shall be
that minority businesses
unity to compete for contracts
supplies, equipment contracts,
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY
OF PUEBLO, COLORADO; that
RVrTTnN l
That the President of the Pueblo City Council is authorized
to execute and file an application on behalf of City of Pueblo with
the U.S. Department of Transportation, to aid in the financing of
planning and /or capital assistance projects pursuant to Section 9A
of the Urban Mass Transportation Act of 1964, as amended.
SECTION 2
That the President of the Pueblo City Council is authorized
to execute and file with such applications an assurance or any other
document required by the U.S. Department of Transportation effectuating
the purposes of Title VI of the Civil Rights Act of 1964.
f SECTION 3.
That the Director of Transportation is authorized to furnish
such additional information as the U.S. Department of Transportation
may require in connection with the application for the project.
RRrT TnM 4
That the President of the Pueblo City Council is authorized
to set forth and execute affirmative minority business policies in
connection with the project's procurement needs.
eVrmrnrT ti
That the President of the Pueblo City Council is authorized
to execute grant agreements on behalf of City of Pueblo with the U.S.
Department of Transportation for aid in the financing of the planning
and /or capital assistance projects.
INTRODUCED: June 13 1983
BY: MIKE.SALARDINO
Councilman
APPROVED: ° b//Xk
P resident, Pueblo City Council
ATTEST:
NOV., �J#01 � 0
P f
/; ity Clelrk
/WCM'�Cler/?A
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
GRANT
(SECTION 9A OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED)
PART I
THIS GRANT, effective on the date specified in the Notification of Grant
Approval is entered into by and between the United States of America
( "Government ") and the Grantee named in the Notification of Grant Approval.
In consideration of the mutual covenants, promises, and representations
herein, the parties hereto agree as follows:
Sec. 1. Purpose of Grant - The purpose of this Grant is to provide for
the undertaking of an urban mass transportation planning and /or capital
improvement program ( "Program ") with Government financial assistance to the
Grantee in the form of a grant ( "Grant "), under Section 9A of the Urban Mass
Transportation Act of 1964, as amended, ( "Act ") for purposes set forth in the
Program Description on the Notification of Grant Approval that are in
accordance with Section 9A of the Act and any implementing regulations or
guidelines; and to state the terms and conditions upon which such assistance
will be provided and the manner in which the Projects in the Program will be
undertaken and the Program planning studies, facilities /equipment will be
used.
Sec. 2. The Program - The Grantee agrees to undertake and complete the
Program, and to provide for the use of the Program facilities /equipment,
substantially as described in its Application, incorporated herein by
reference, filed with and approved by the Government, and in accordance with
the terms and conditions of this Grant. The "Program Description" on the
Notification of Grant Approval describes the Program to be funded under this
Grant.
Sec. 3. Federal Assistance - a. In order to assist the Grantee in
financing that portion of the total cost of each Project in the Program which
the Department of Transportation (DOT) has determined cannot reasonably be
financed from revenues of the public transportation system in which the
Program facilities /equipment are to be used ( "Net Project Cost "), such Net
Project Cost total of all Projects in the Program being estimated to be that
amount stated in the Notification of Grant Approval, the Government will make
a Grant in an amount equal to either (1) the maximum amount permitted by
Federal law and regulations, or (2) the Maximum Percentage of Federal
Participation as set forth on the Notification of Grant Approval, or (3) in
the amount designated as Maximum Federal Share on the Notification of Grant
Approval, whichever is the lesser. .
Page 1
Form UMTA F 2014
2/22/83
6
b. For purposes of this
conformance with the requirements
(OMB Circular) A -87, "Cost Princi
State and Local Governments," and
the Government.
Agreement, "Net Project Cost" must be *in
of Office of Management and Budget Circular
pies Applicable to Grants and Contracts with
with any guidelines or regulations issued. by
c. The obligation of the Government to make Federal Grant payments
shall not exceed the amount provided in the Program Budget.
Sec. 4. Local Share - The Grantee agrees that it will provide from
sources other than a Federal funds (except as may otherwise be authorized by
Federal statute), (b) receipts from the use of the Program facilities /
equipment, or (c) revenues of the public transportation system in which such
facilites /equipment are used, funds in an amount sufficient, together with the
Grant, to assure payment of the actual Project Cost of each Project in the"
Program. The Grantee further agrees that no refund or reduction of the amount
so provided below the level of Federal assistance will be made at any time,
unless there is at the same time a refund to the Government of a proportional
amount of the Grant. The Grantee's obligation to provide the Local Share is
calculated on a Project -by- Project basis for each Project in the Program.
Sec. 5. Fares and Services - The Grantee agrees that it will solicit and
consider public comment prior to raising fares or implementing a major
reduction of service.
Sec. 6. Audit Requirement - The Government may, at least annually and
more frequently in its iscretion, either conduct or require the grantee to
have independently conducted reviews and audits as the Government may deem
appropriate pursuant to the provisions of Section 9(g) of the Act and any
regulations or guidelines that may be issued by the Government.
Sec. 7. Use of Program Facilities /Equipment - a. The Grantee agrees to
observe the property management standards as set forth in OMB Circular A -102,
Attachment N, or OMB Circular A -110, Attachment N, as appropriate, as now or
hereafter amended, and any guidelines or regulations that the Government may
issue. Exceptions to the requirements of Attachment N must be specifically
approved by the Government. The Government reserves the right to require the
Grantee to transfer title to any personal property financed with Federal
assistance funds made available under this Grant in accordance with Attachment
N to OMB Circular A -102 or A -110, as may be appropriate. The Government also
reserves the right to direct the disposition of real or personal property
financed with Federal assistance funds made available under this Grant in
accordance with Attachment N to OMB Circular A -102 or A -110, as may be
appropriate.
Page 2
b. The Grantee agrees to maintain the Program property in good
operating order, and in accordance with any guidelines, directives, or
regulations that the Government may issue. If, during the period, any Program
facilities /equipment are not used in mass transportation service, whether by
planned withdrawal, misuse or casualty loss, the Grantee shall immediately
notify the Government. Unless otherwise approved by the Government, the
Grantee shall remit to the Government a proportional amount of the fair market
value, if any, of the property, which value shall be determined on the basis
of the ratio of the Grant awarded by the Government to the actual cost of the
applicable Project of the Program. Unless otherwise required by the
Government, the following guidelines shall be observed in determining fair
market value. In the case of planned withdrawal, fair market value shall be
deemed to be the value of the property as determined by competent appraisal at
the time of such withdrawal from use or the net proceeds from public sale.
Unless otherwise approved by the Government, in the event of loss due to
casualty or fire, for property that is insured, the damages paid by the
insurance carrier or payable from the self - insured reserve account shall be
considered fair market value. Unless otherwise required by the Government, in
cases where the property is not insured, the fair market value will be the
value of the property following the casualty or fire.
c. The Grantee further agrees that the Program facilities /equipment shall
be used for the provision of mass transportation service within the area and
in the manner described in the Program Description. The Grantee shall keep
satisfactory records with regard to the use of the property and submit to the
Government upon request such information as is required in order to assure
compliance with this Section and shall immediately notify the Government in
all cases where Program facilities /equipment are used in a manner
substantially different from that described in the Program Description. The
Grantee shall obtain Government concurrence before undertaking any transfer of
title, lease, encumbrance, or alienation of property financed with Government
assistance. The Government reserves the right to require the Grantee to
restore Program property or pay for damages to Program property as a result of
abuse or misuse of such property with the Grantee's knowledge and consent.
Sec. 8. Labor Protection - The Grantee agrees to undertake, carry out,
and complete the Program un er the terms and conditions determined by the
Secretary of Labor to be fair and equitable to protect the interests of
employees affected by the Program and meeting the requirements of section
13(c) of the Act, 49 U.S.C. �1609(c), and Department of Labor regulations at
29 C.F.R. Part 215. These terms and conditions are identified in the letter
of certification. to the Government from the Department of Labor on the date
set forth in the Notification of Grant Approval, which letter and any
documents cited in that letter are incorporated into this Grant by reference.
The Grant is subject to the conditions stated in the Department of Labor
letter.
Page 3
Sec. 9. Half -Fare Requirement - The Grantee agrees and assures that the
rates charge a er y and handicap ped persons during nonpeak hours for
transportation utilizing or involving the facilities and equipment financed
pursuant to this Grant will not exceed one -half of the rates generally
applicable other persons at peak hours, whether the operation of such
facilities and equipment is by the applicant or is by another entity under
lease or otherwise. The Grantee agrees and assures that it will give the rate
required herein to any person presenting a medicare card duly issued to that
person pursuant to Title II or Title XVIII of the Social Security Act.
Sec. 10. Buy America - Part II, Section 115 is amended to read as
follows:
Buy America - Each third party contract utilizing UMTA funds obligated
after January 6, 1983, must comply with Section 165 of the Surface
Transportation Assistance Act of 1982, P.L. 97 -424 (the Buy America
pro'vision), and UMTA regulations or guidelines issued to implement this
statutory provision.
Sec. 11. False or Fraudulent Statement - The Grantee takes notice,
pursuant to Section 9(h) of the Act, that the provisions of Section.1001 of
Title 18, United States Code are applicable to any certifications or
submissions under Sections 9 and 9A of the Act. The Government reserves the
right to exercise any remedies set forth in Section 9(h) of the Act should a
violation occur.
Sec. 12. The Grant - This Grant consists of the*Notification of Grant
Approval; this Part I, Form F 2014, 2/22/83, entitled Urban Mass
Transportation Administration Grant; and Part II, Form UMTA 5F, Rev. 7/27/82
entitled Urban Mass Transportation Agreement, Terms and Conditions. Should
the Grant award letter include special conditions for Projects in this
Program, that letter is incorporated herein by reference and made part of this
Grant. The latest approved Program Budget is incorporated herein by reference
and made part of this Grant. Amendments to any of these documents shall
require a formal amendment to this Grant, except that reallocations of funds
among budget items or fiscal years which reallocations do not increase the
total amount of the Federal Grant may be made in accordance with all UMTA
circulars and regulations. Amendments of any type that pertain to funding
shall require the issuance of a new Program Budget.
Page 4
Sec. 13. Execution of Grant - This Grant may be simultaneously executed
in several counterparts, eac o which counterparts shall be deemed to be an
original having identical legal effect. When the Notification of Grant
Approval is signed by the Government, this Grant should be executed by the
Grantee within ninety (90) days after the Obligation Date. The Government may
withdraw its obligation hereunder if the Grant is not executed within the
above ninety -day period.. The effective date of the Grant shall be the
Obligation Date. The effective date of any Amendment shall be the Obligation
Date for that Amendment.
The Grantee does hereby ratify and adopt all statements, representations,
warranties, covenants, and materials submitted by it, and does hereby accept
the Government's award of financial assistance and agrees to all of the terms
and conditions of this.prant.
Executed this :�dday of lg��
ATTEST: C 41 4 , �l - _ y:
City Cler
TITLE T N D
Certificate of Grantee's Attorney
I, acting as Attorney for the Grantee do hereby
certify that I have npd this Grant and have ascertained that execution of
the Grant was authorized on the date of - 3�, �2, ��3 . A copy of this
authorization is attached or has previously been - submitted to UMTA. The
execution of this Grant and the proceedings taken by the Grantee are in all
respects due and proper and in accordance with applicable State and local law.
I further certify that, in my opinion, said Grant constitutes a legal and
binding obligation of the Grantee in accordance with the terms thereof and
certify that to the best of my knowledge there is no legislation or litigation
pending or threatened which might affect the performance of the Program in
accordance with the terms of this Grant.
Dated this 00 day of t -) 19 ��
SIGNATURE
Page 5
♦ 1 j
Ow
U.S. Department
of Transportation
Urban Mass
Transportation
Administration
REGION VIII
Colorado, North Dakota,
Montana, South Dakota,
Utah, Wyoming
AP PROVED PROGRA4 BUDGET
Program No.: CO-90 -0001
Grantee: City of Pueblo
1050 17th Street
Prudential Plaza
Suite 1822
Denver, Colorado 80265
SEP 0 ;?,1
:v
Budget No. 1
The approved program budget and corresponding cost estimates are as.
follows:
Description
Contractual services to support Trans -
portation /Transit Planning Activity of
the Pueblo area FY 1984 Unified Planning
Work Program:
A. Program Management $ 11,500
B. Program Monitoring 2,650
C, Planning 5,300
D. Implementation (TIP /AE) 6,700
E. Service 2,825
Arlo un i .
$28,975
ES TIMkTED GROSS PiiOGR iM COST $28,975
Less Revenue Financing _ -0 -
ESTIMATED NET PROGRAM COST e-28,975
Federal Grant (801;): $23,180
Local Share (20%): $ 5,795
Identifi of Sourc of Fe& iral Financi Ass
P rn`r am Code Fund C ode Year Amount
50.00.00 KA3 FY 1983 $23,180
M aximu m Federa Funds to be Ex pended U this Grant
$23,180
4 � .
7
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
GRANT
NOTIFICATION OF GRANT APPROVAL
(SECTION 9A OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED)
Program No. CO -90 -0001
GRANTEE City of Pueblo, CO
DESIGNATED RECIPIENT City of Pueblo, CO
ESTIMATED TOTAL PROGRAM COST OF ALL PROJECTS IN THE PROGRAM Twenty -Eight
Thousand, Nine Hundred Seventy -Five Dollars ($28,975)
ESTIMATED NET PROGRAM COST OF ALL PROJECTS IN THE PROGRAM Twenty -Eight
Thousand, Nine Hundred Seventy -Five Dollars ($28,975)
MAXIMUM FEDERAL SHARE Twenty Three Thousand, One Hundred Eighty Dollars
($23,180)
OBLIGATION DATE
S E P 3 0 1983
SOURCES OF FEDERAL FINANCIAL ASSISTANCE
Program Code Fund Code Year Amount
50.00.00 M
PROGRAM DESCRIPTION
FY 1983 $ 23,180
0
Contractual services to support Transportation /Transit Planning Activity of
the Pueblo area FY 1984 Unified Planning Work Program:
A. Program Management
B. Program Monitoring
C. Planning
D. Implementation (TIP /AE)
E. Service
S E P 3 0 1983
DATE REGIONAL ADMINIS RATOR
.V011B4 - .ee
CONTRACT
PUEBLO AREA COUNCIL OF GOVERNMENTS , c d'�_ 77-
THIS CONTRACT, made this a day of = f- `-'�-`�""-- 19, 8 3 ,
by and between the State of Colorado for the use and benefit of THE
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF TRANSPORTATION PLANNING
hereinafter referred to as the State, and THE PUEBLO AREA COUNCIL OF
GOVERNMENTS hereinafter referred to as the Contractor,
WHEREAS, authority exists in the law and funds have been
budgeted, appropriated and otherwise made available and a sufficient
unencumbered balance thereof remains available for payment in Fund
Number 2001, G/L Account Number 52046, Contract Encumbrance Number
84002 and,
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and,
WHEREAS, on the 1st day of July, 1978, the State and the
Contractor entered into a Memorandum of Agreement (hereinafter called
the Memorandum), incorporated herein by reference and made a part of
this contract to outline the general process to be followed by the
State and Contractor for complying with all relevant Federal
regulations; and,
WHEREAS, the Governor has designated the Contractor as the
Metropolitan Planning Organization (MPO) for the Pueblo Urbanized Area
and as the recipient of Federal metropolitan planning funds
(hereinafter called PL funds) apportioned to the State in accordance
with 23 U.S.C. Section 104(f), as amended; and,
WHEREAS, the Federal share of planning funds expended for the
approved FY 1984 Unified Planning Work Program for the Urban
Transportation Planning Process of the Pueblo Urbanized Area
(hereinafter called the UPWP and including all required and approved
t _
Study Designs), incorporated herein as Exhibit 1 and made a part of
this contract, shall be 80 percent, thereby establishing a matching
ratio of 80 percent PL funds and 20 percent local funds; and,
WHEREAS, these planning funds are to be spent on a continuing,
comprehensive, and cooperative (3C) planning process carried out in
accordance with 23 U.S.C. Section 134, as amended; and,
WHEREAS, the Contractor is responsible for the expenditure of the
planning funds for carrying out the appropriate tasks of the 3C
process in accordance with the UPWP for the period October 1, 1983
through September 30, 1984 (hereinafter called the Program Period);
and,
NOW, THEREFORE, the parties hereto mutually agree as follows:
A. PURPOSE AND SCOPE
1) To cooperatively undertake those tasks described in and
identified in the UPWP for the expenditure of PL funds and the
matching local funds during.the Program Period.
2) To provide the mechanism for funding the tasks during the
Program Period for which PL and matching local funds are to be
expended to implement the UPWP.
3) To assure that PL and,matching local funds spent during the
Program Period for those tasks identified in the UPWP are spent in
accordance with the Federal requirements and this contract.
4) In the performance of the contract, the Contractor shall
assure that the management of the UPWP will be accomplished, as
provided for in the Memorandum.
B. PERSONNEL
The Contractor represents that it will take all reasonable steps
to obtain the necessary staff or consultant services required to
perform the tasks described within paragraph A above. The Contractor
shall obtain the authorization of the State before obtaining the
services of a consultant, if the consultant services are necessary to
complete items in the UPWP. If the Contractor requires a Request for
Proposal (REP) to secure said subcontractor, then the State must
review and approve the RFP prior to release to potential
subcontractors.
C. FUNDING
The PL funds available for payment to the Contractor by the State
for the cost of work and services as allowed in paragraph E, below, of
this contract are in the maximum amount of $ _45..42E) The matching
local funds available to the Contractor for the cost of work and
services as allowed in paragraph E, below, of this contract are in the
maximum amount of $ 11,%3$5 . Therefore, the total available planning
funds for this contract of all associated work activities required by
the Contractor are in the maximum amount of $ 56,775 .
D. BILLING
The Contractor shall bill the State for the allowable cost of
those tasks eligible for PL funds identified in the UPWP. Allowable
costs are described in paragraph E, below. Billings shall be rendered
on a regular basis, at least quarterly. All billings shall include a
statement of direct charges incurred by expenditure category, a
statement of indirect charges, and an invoice in the amount of the PL
funding share of allowable and reimbursable expenditures incurred
during the reporting period. The State shall promptly pay the
Contractor's bills for expenditures incurred in performance of tasks
described in paragraph A, above, subject to conditions specified in
paragraph F, below.
E. ALLOWABLE COSTS
Allowable costs shall be limited to those necessary to carry out
the tasks described within paragraph A, above. These include direct
costs such as the costs of computer services, salaries, car rental,
technical supplies, and reproduction. Also included are indirect
costs such as the cost of proportionate share of rent, postage,
insurance, maintenance and repair, utilities, communication, and
administration staff personnel working directly on the tasks described
in paragraph A, above. If the Contractor bills indirect costs, the
Contractor must have an approved indirect cost rate in accordance with
OMB Circulars A -87 and AOSC -10. Indirect costs will be substantiated
by audit and reimbursement will be limited to actual indirect costs
incurred. Determination of direct and indirect costs will follow
those guidelines set forth in the Federal Procurement Regulations (41-
CRF1- 15.7), OMB Circulars A -87 and A -102, and are subject to audit per
OMB Circular A -102, Attachment P. Dues for obtaining or maintaining
professional registration or membership in professional groups are not
eligible under this contract.
F. PROGRAM MONITORING AND REPORTING
The specific steps to be taken during the monitoring process will
be done in accordance with the State's Procedural Directive 1605.1,
dated 1_12_79 , incorporated herein by reference. The Contract
Administrator has the right to disallow any costs incurred by the
Contractor on any task not in compliance with the UPWP or previously
agreed upon exceptions thereto.
Within 30 days after the end of the Program Period, the
Contractor will provide to the State a final accomplishment report of
the performance under this contract. It shall include: (1) final
accomplishments by task; (2) status of uncompleted products; and (3)
actual expenditures for the Program Period.
G. RECORDS, ACCOUNTS, REPORTS, AND AUDITS
The Contractor and subcontractors shall maintain books, records,
and other evidence pertaining to the costs incurred during the Program
Period for a period of three years from the date of final payment of
invoice by the State. These records shall be made available for
inspection to the State, FHWA, and the Comptroller General of the
United States and copies thereof shall be furnished, if requested.
The State and the Federal Highway Administration (FHWA) are
specifically authorized to review and inspect all technical and
financial aspects of the tasks described in paragraph A, above. FHWA
will arrange such reviews and inspections through the State.
H. OWNERSHIP OF DATA AND COPYRIGHTS
Data, studies, surveys, drawings, maps, models, photographs,
reports, and any other materials produced or developed pursuant to
this contract shall become the property of the contractor, except as
set forth herein.; also, the contractor is hereby authorized to
copyright and market computer software produced under this Project.
Notwithstanding the foregoing, the State and FHWA shall without cost
to them have the royalty -free, nonexclusive, and irrevocable right to
reproduce, publish, or otherwise use, and to authorize others to use
all such materials for State and U.S. government purposes. In
addition, the State and U.S. government shall have the right to use,
duplicate, or disclose technical data and computer software produced
under this contract in whole or in part, in any manner and for any
purpose whatsoever, and to have or permit others to do so.
All information, data, reports, records, and maps which were
developed by the Contractor for carrying out those tasks under
paragraph A, above, shall be made available in sufficient copies (not
to exceed fifteen) to the State and FHWA.
All reports pertaining to the performance of this contract, for
dissemination to other than the parties hereto, shall be reviewed and
approved by the parties hereto and the FHWA prior to their publication
or release. Any published material shall give credit to the parties
to this contract and the FHWA in recognition of the cooperative nature
of the planning process.
I. INTEREST OF PARTIES
The parties aver that to their knowledge, their employees have no
interest in and shall not acquire an interest, direct or indirect,
which would conflict in any manner or degree with the performance and
services required to be performed under this contract. The parties
further promise that they will not employ any person having an
interest in the performance of this contract.
J. COVENANT AGAINST CONTINGENT FEES
Officers, members, or employees of the parties and members of the
governing body of the localities in which the planning program is
situated or being carried out, who exercise any function or
responsibility in the review or approval of the undertaking or
carrying out of this contract, shall not: (1) participate in any
decision related. to this contract which affects their personal
interest or the interest of any corporation, partnership, or
association in which they are directly or indirectly interested; or
(2) have any interest, direct or indirect, in this contract of the
proceeds thereof.
K. TERMINATION OF CONTRACT
Either party has the right to withdraw from this contract by
giving written notice to the other party at least 60 days in advance
of such withdrawl, whereupon the contract shall terminate at the
expiration of the period of notice.
L. AMENDMENTS
No amendments shall be-made to this contract without supplemental
agreement in writing by the parties.
M. CLAIMS AND LIABILITY
The Contractor shall be responsible for all claims and
liabilities due to the Contractor's negligent acts or the negligent
acts of subcontractors, agents, or employees of the Contractor.
N. SPECIAL PROVISIONS
The Special Provisions are made a part of this contract and
Federal -aid Highway Program Manual, Volume 1, Chapter 7, Section 2
Administration of Negotiated Contracts is also made a part of this
contract by reference.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day first above written.
STATE OF COLORADO
RICHARD D. LAMM
GOVERNOR
STATE DEPARTMENT OF HIGHWAYS
ATTEST:
el— ief Clerk
APP2ouetD
State Controller
By `" N"
JAMES A. STROUP
tive Dirb-ctor
P
DUANE E. WOODARD
At ey General
B
First Assis ant ft r General
Natural Resource Division
Pueblo Area Council of Governments
Thomas E. Jakger
Attorney at Law
Pueblo Area Council of Governments
By tz C�
Isaac Duran
Chairman
ATTEST:
Ma an D. Mead
trding Rec Secretary
Pueblo Area Council of Governments
N
Form 6- AC -02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
State, the contractor shall, before entering upon the performance of any such work included in this contract, duly
execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient
bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total
amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8 -16 -101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24.34 -301, CRS
1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non - discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
page I of 2 pages
Form 6- AC-02C
(7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sub - contract and
sub - contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each sub - contractor or vendor. The contractor will take such action with respect to any sub - contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non - compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8 -17 -101, & 102, CRS •1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null -and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences)
and 18 -8 -401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is
present.
9. The signatories zver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above writte .
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
B
Contractor y � DIRECTOR.
DEPARTMENT
Position — OF —
Social Security Number or Employer
APPROVALS
ATTORNEY GENERAL _ CONTR ER
By —
Page_ ? which is the last of Z pages