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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. -2- 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. -2- 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 Page 2 which is the last of