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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