HomeMy WebLinkAbout5216RESOLUTION NO. 5216
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION
OF HIGHWAYS, STATE OF COLORADO, CONCERNING
ELIZABETH ST., 47th ST. SOUTH APPROXIMATELY 0.5 MILES
(PROJECT MU 3133 (3) )
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The agreement between the City of Pueblo, a Municipal
Corporation and the State Highway Department concerning a project
on Elizabeth St., 47th St. South approximately 0.5 miles, (MU 3133(3))
is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized
to execute same for and on behalf of the City and the City Clerk
is authorized and directed to attest same and affix the seal of
the City thereto.
Introduced Auqust 8th , 1983
By Reimar von Kalbg
Councilman
APPROVED:
President of the Council
ATTEST:
i
r
Cify '(Clerk
25 V
MU 3133(3) -- ELIZABETH ST.,
47TH ST. - SOUTH
CONTRACT
B
THIS CONTRACT, made this 00d day of QQ& er 1983, by
and between the State of Colorado for the use and benefit of THE
STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter
referred to as the State, and the CITY OF PUEBLO, STATE OF COLORADO,
hereinafter referred to as the contractor, or the Local Agency.
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
83270; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State anticipates a future construction project for
improvements to Elizabeth St. (Frontage Road to I 25) in the
vicinity of the Local Agency, hereinafter referred to as the work;
and
WHEREAS, the State and Local Agency consider it to be in their
mutual best interest to cooperate in the accomplishment of the work:
and
WHEREAS, the Local Agency has agreed to contribute $7,692 to the
cost of the work; and
WHEREAS, the State Highway Commission on April 21, 1983 gave
approval for the State to enter into a contract with the Local
Agency, thereby accepting the $7,692 for the work; and
WHEREAS, the State and Local Agency desire to agree upon certain
responsibilities in regard to the work; and
WHEREAS, this contract is executed by the State under authority
of Sections 43 -1 -106 and 43 -2 -144, C.R.S. 1973 as amended.
NOW, THEREFORE, it is hereby agreed that:
A
1. The Local Agency will furnish to the State such data as may
9 f
be available and which is pertinent to the work.
2. The State will provide liaison with the Local Agency
through the State's District Engineer, District II, 905
0
Erie Ave., Pueblo, Colorado 81,02. Said District Engineer
will be responsible for the State's activities under this
contract.
3. Upon completion of the work. the Local Agency shall remit
within 30 days after billing an amount of $7,692 not to be
exceeded without benefit of a written supplemental contract.
4. The State will have full jurisdiction and control over the
performance of the work.
5. The Local Agency's contribution for this project shall not
be derived from its share of the Highway Users Tax Fund.
6. The term of this contract shall continue through the
completion of the work and acceptance by the State.
7. This contract shall inure to the benefit of and be binding
upon the parties, their successors, and assigns.
8. The "Non- discrimination Provisions" and "Special
Provisions" attached hereto are hereby made a part hereof.
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t :
IN WITNESS*WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST:
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
By
Chief Clerk
k• Executive Directo
DEPARTMENT OF HIG YS
APPROVED: /
B y
DUANE WOODARD
At ney General
B
LY1q OBERNYER v
First Assistant Attorney General
Natural Resources Section
CITY OF PUEBLO, COLORADO
-3-
April, 1980
Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and
with Section 162(a) of the Federal Aid Highway Act of 1973, the
Contractor, for itself, its assignees and successors in interest,
agree as follows:
A. Compliance with Regulations. The Contractor will
comply with the Regulations of the Department of
Transportation relative to nondiscrimination in
Federally- assisted programs of the Department of
Transportation (Title 49, Code of Federal Regula-
tions, Part 21, hereinafter referred to as the
"Regulations "), which are herein incorporated by
reference and made a part of this contract.
B. Nondiscrimination. The Contractor, with regard
to the wor per ormed by it after award and prior
to completion of the contract work, will not dis-
criminate on the ground of race, color, sex, mental
or physical handicap or national origin in the
selection and retention of Subcontractors, including
procurements of materials and leases of equipment.
The Contractor will not participate either directly
or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employ-
ment practices when the contract covers a program
set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts, Includin Procure-
ments of Materials an E ui ment. In all so icita-
tions either by competitive bidding or negotiation
made by the Contractor for work to be performed
under a subcontract, including procurements of
materials or equipment, each potential Subcontractor
or supplier shall be notified by the Contractor of
the Contractors' obligations under this contract and
the Regulations relative to nondiscrimination on the
ground of race, color, sex, mental or physical handicap
or national origin.
D. Information and Reports. The Contractor will pro-
ve e a information and reports required by the
Regulations, or orders and instructions issued
pursuant thereto, and will permit access to its
books, records, accounts, other sources of informa-
tion, and its facilities as may be determined by
the State or the FHWA to be pertinent to ascertain
compliance with such Regulations, orders and in-
structions. Where any information required of the
Contractor is in the exclusive possession of another
who fails or refuses to furnish this information,
the Contractor shall so certify to the State, or the
FHWA as appropriate, and shall set forth what efforts
have been made to obtain the information.
E. Sanctions for Noncom liance. In the event of the
ontractor s noncompliance with the nondiscrimination
provisions of this contract, the State shall impose
such contract sanctions as it or the FHWA may deter-
mine to be appropriate, including, but not limited to:
(1) Withholding of payments to the Con-
tractor under the contract until
the Contractor complies, and /or;
(2) Cancellation, termination or sus-
pension of the contract, in whole
or in part.
F. Incorporation of Provisions The Contractor will
include the provisions of Paragraphs A through F
in every subcontract, including procurements of
materials and leases of equipment, unless exempt
by the Regulations, orders, or instructions issued
pursuant thereto. The Contractor will take such
action with respect to any subcontract or procure-
ment as the State or the FHWA may direct as a means
of enforcing such provisions including sanctions
for noncompliance; provided, however, that, in the
event the Contractor becomes involved in, or is
threatened with, litigation with a Subcontractor
or supplier as a result of such direction, the
Contractor may request the State to enter into such
litigation to protect the interests of the State
and, in addition, the Contractor may request the
FHWA to enter into such litigation to protect the
interests of the United States.
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Forin6•AC -026 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.
r'
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 sub - contracts.
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 Df 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 extrajudicial 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 aver 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
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
Contractor
Position
Social Security Number or Employer
By -SE -- ___ - - - -- - -- --
xavriVE DIRECTOR.
DEPARTMENT
OF _
APPROVALS
ATTORNEY GENERAL
By
ER
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