HomeMy WebLinkAbout6713RESOLUTION NO. 671
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND THE STATE OF COLORADO,
DIVISION OF HIGHWAYS, RELATING TO IMPROVEMENTS
TO NORTHERN AVENUE AT BEULAH AVENUE, AND AP-
PROPRIATING FUNDS THEREFOR
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
CFr TTnN 1
An Agreement between the City of Pueblo and State of Colo-
rado, Division of Highways, identified as M3063(3), Northern Avenue
at Beulah Avenue in Pueblo, a copy of which is on file in the office
of the City Clerk and made a part hereof by reference, after having
been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The total cost of the work to be performed under the Agree-
ment is estimated to be $112,000 and the City does hereby appropriate
as its match and share of such costs the amount of $26,352, to be
taken from Account Numbers 002 -1988- 307 - 000 - 040 -8810 and 040- 1988 -446-
000- 040 -2000.
CFr'TTnN i
The President of City Council is hereby authorized to exe-
.)
cute the said Agreement on behalf of Pueblo, a Municipal Corporation,
and the City Clerk shall affix the seal of the City thereto and attest
the same.
INTRODUCED April 22 , 1991
By SAMUEL CORSENTINO
Councilman
APPROVED:
President of the Coun it
ATTEST:
2
Rt_ poi. q _ X33
M .3063 (3)
Northern Avenue at
Beulah Avenue in Pueblo
CONTRACT
THIS CONTRACT, made this 51 / J
day of ohn ,
19 W , 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, hereinafter referred to as Local Agency or 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 90177; and
WHEREAS, required approval, clearance and coordination has
been accomplished from and with appropriate agencies;. and
WHEREAS, pursuant to Title 23, United States Code and the
regulations promulgated thereunder certain Federal funds have
been and will in the future be, allocated for the improvement of
certain routes on the designated urban system and which are not
on any other Federal -Aid system, hereinafter referred to as the
program; and
WHEREAS, pursuant to the aforesaid laws and regulations,
routes on the urban system are eligible to be improved under the
program at no cost to the State; and
1
WHEREAS, Federal -aid urban system funds have been made
available for an urban system project, identified as M 3063(1)
for preliminary engineering and construction to' upgrade the
intersection of Northern Avenue and Buelah Avenue in the City of
Pueblo, Colorado, hereinafter referred to as the work; and
WHEREAS, the Local Agency has submitted initial design data
(D.O.H. Form 463), dated August 2, 1990, to the State setting
forth therein preliminary details, information and estimates of
cost of this work, which data has been approved by the State;
and
WHEREAS, the matching ratio for this Federal -aid urban
system project is 78.00% Federal -aid funds to 22.00% Local
Agency funds, it being understood that such.ratio applies only
to such costs as are eligible for Federal participation, it
being further understood that all non - participating costs are
borne by the Local Agency at 100 %; and
WHEREAS, the Local Agency has estimated the total cost of
the work and is prepared to provide its share of the cost as
evidenced by an appropriate ordinance or resolution duly passed
and adopted by the authorized representatives of the Local
Agency, a copy of which is attached hereto and made a part
hereof; and
WHEREAS, said ordinance or resolution also establishes the
authority under which the Local Agency enters into this
contract; and
K
WHEREAS, the contract is executed by the State pursuant to
the provision of Sections 43 -1 -102, et seq., 43 -1 -106,
43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended;'and
WHEREAS, the parties hereto desire to agree upon the
division of responsibilities with regard to this urban system
project; and
WHEREAS, the Local Agency is adequately staffed and suitably
equipped to undertake and satisfactorily complete portions of
the work; and
WHEREAS, the State certifies that such work can be more
advantageously performed by the Local Agency.
NOW, THEREFORE, it is hereby agreed that:
PROJECT PROVISIONS
A. The State will provide liaison with the City through the
State's District Engineer, District 2, located at 905 Erie
Avenue, Pueblo CO 81002. Said District Engineer will also be
responsible for coordinating the State's activities under
this contract.
B. The Local Agency has estimated the total cost of the
preliminary engineering and construction to upgrade the
intersection of Northern Avenue and Beulah Avenue in the
city of Pueblo, Colorado, hereinafter referred as the work
to be $112,x00, which is to be funded as follows:
3
a. Federal participating.funds
(78% of $109,804)
b. Local Agency share:
(1) Local Agency parti-
cipating funds
(22% of $109,804)
(2) The Local Agency non-
participating funds for
indirect costs (approx.
2.00% of $109,804)
Subtotal (Local Agency share)
Total Funds
$24,156
$2,196
$85,648
$26,352
$112,000
4
REVISED 6/86
STANDARD
GENERAL PROVISIONS
A. The State will provide:
1. Preliminary engineering, design services, preparation
of construction plans and special provisions in
accordance with the State's Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge
Construction, with input by the Local Agency.
2. Design work sheets used in designing of the project.
B. The State will complete the final assembly of construction
plans and special provisions, and contract documents. The
Local Agency will provide final assembly of estimated
quantities to the State for the construction plans. In the
event all or part of the construction work is to be
contracted, the State will establish appropriate
Disadvantage Business Enterprise (DBE) goals for the
construction contract(s) and the State in conjunction with
the Local Agency will advertise the call for bids, and upon
concurrence by the Local Agency, award the construction
contract(s) to the lowest responsible bidder(s).
C. The Local Agency will be responsible for acquiring any
additional rights of way required for the completion of the
project, including any necessary construction easements.
Prior to this project being advertised for bids, the Local
Agency will certify in writing to the State that all right
5
of way has been acquired in accordance with the applicable
State and Federal regulations, or that no additional right
of way is required.
The Local Agency shall be responsible to perform acquisition
and relocation assistance for the project, as required by
Sections 24 -56 -101 et seq. However, if the State determines
that such performance by the Local Agency will jeopardize or
is jepoardizing distribution of federal assistance funds, or
that action by the State is necessary to comply with federal
policy or procedures, then the State, in its discretion, may
perform the acquisition and relocation assistance itself or
may supervise and direct the Local Agency in the performance
of such acquisition and assistance. Prior to taking such
action, the State will provide written notice to the Local
Agency of the basis of such determination or action and will
meet with the Local Agency to discuss possible remedial
measures.
D. The State will be responsible for assuring that the Local
Agency has obtained proper clearance or approval from any
utility.company which may become involved in this project,
by separate agreement between the Local Agency and the
utility, if necessary. Prior to this project being
advertised for bids, the Local Agency will certify in
writing to the State that all such clearances have been
obtained.
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E. The State will be responsible for the supervision of the
construction of the project. The supervision will consist of
but not be limited to field and office engineering,
inspection and material testing, and traffic control. The
project will be subject to periodic inspection by the FHWA.
F. In the event that all or part of the work is to be
accomplished by force account rather than contract as
specified in paragraph D hereinabove, the State will insure
that all work is accomplished in accordance with the
pertinent State specifications as well as FHPM, Volume 6,
Chapter 4, Section 1, Subsection 14, Contract and Force
Account. Work will normally be based upon estimated
quantities and firm unit prices agreed to between the Local
Agency, the State and the FHWA in advance of the work, as
provided for in FHPM, Volume 6, Chapter 4, Section 1,
Subsection 6, paragraph 12b. Such agreed unit prices shall
constitute a commitment as to the value of the work based on
actual costs of labor, equipment rental, materials supplies
and supervision necessary to complete the work. Where actual
costs are used, eligibility of costs items shall be
evaluated for compliance with Federal Procurement
Regulations Part 1 -15. Rental rates for publicly owned
equipment *ill be the second shift rental rate per hour as
established in the State's Construction Equipment Rental
7
Rate Schedule dated May 1, 1986 or subsequent revisions
thereof. All force account work shall have prior approval of
the FHWA and shall not be initiated until the State has
issued a written notice to proceed. The State shall, during
all phases of the work, permit duly authorized agents and
employees of the Local Agency and the FHWA to inspect the
project and to inspect, review and audit the project
records.
G. The State shall maintain all books, documents, papers,
accounting records and other evidence pertaining to costs
incurred and to make such materials available for inspection
at all reasonable times during the contract period and for 3
years from the date of final payment to the Local Agency.
Copies of such records shall be furnished by the Local
Agency if requested.
H. The Local Agency will maintain and operate the improvements
constructed under this contract, at its own cost and expense
during their useful life, in a manner satisfactory to the
State and FHWA, and will make ample provision for such
maintenance each year. Such maintenance and operations
shall be in accordance with all applicable statutes and
ordinances, and regulations promulgated thereunder, which
define the Local Agency's obligation to maintain such
improvements. The State and FHWA will make periodic
inspections of the project to verify that such improvements
are being adequately maintained.
C
I. The State will administer the Local Agency and Federal -aid
funds for this project in accordance with the following
provisions:
1. Cost incurred by the Local Acrencv
The Local Agency will prepare and submit monthly
charges for costs incurred relative to the project. The
Local Agency will prepare project charges in accordance
with the State's standard policies and procedures. The
State will reimburse the Local Agency for the
Federal -aid share of the project charges following the
State's review and approval of such charges. Charges
incurred by the Local Agency prior to the date of FHWA
authorization for the project will not be charged to
the project.
2. Costs incurred by the State
a. The State will prepare monthly estimates of all
incurred costs relative to the project. The
State's monthly billings for the Local Agency
share will be based on actual construction
engineering costs. As funds are expended during
the course of the work, the State will bill the
Local Agency monthly for the Local Agency share of
svch expenditures. Upon completion of the work to
be performed under this contract and acceptance
thereof by the State, FHWA and the Local Agency;
the State will submit a final recapitulation of
the project costs to the Local Agency and final
�1
billing for the balance due of its share of
participations costs plus all non - participating
costs. Upon receipt of each bill from the State,
the Local Agency will remit to the State that
amount billed. Should the Local Agency fail to pay
monies due the State within 30 days of demand or
within such other period as may be agreed between
the parties hereto, the Local Agency agrees that
at the request of the State, the State Treasurer
may withhold an equal amount from future
apportionments due the Local Agency from the
Highway Users Tax Fund and to pay such funds
directly to the State. Interim funds, until the
State is reimbursed, shall be payable from State
Highway Supplementary Fund (2001). All funds
expended by the State for the performance of any
work under this contract or relative to the
administration of this contract shall be charged
to this project.
b. Upon execution of this contract the State is
authorized, in its discretion, to perform any
necessary administrative support services pursuant
to this contract. These services may be performed
prior to and in preparation for any conditions or
requirements of this contract, including prior
FHWA approval of project work, Contractor
understands and agrees that the State may perform
10
such services, and that payment for such services
shall be at no cost to the State but shall be as
provided herein. At the request of, contractor, the
State shall also provide other assistance pursuant
to this contract as may be agreed in writing. In
the event that federal aid project funds remain
available for payment, contractor understands and
agrees the costs of any such services and
assistance shall be paid to the State from project
funds at the applicable rate. However, in the
event that such funding is not made available or
in withdrawn for this contract, or if the
contractor terminates this contract prior to
project approval or completion for any reason,
then all actual incurred costs of such services
and assistance provided by the State shall be the
sole expense of the contractor. Contractor shall
pay the State for all such costs within 30 days of
receipt of written notice from the State
requesting same.
J. It is understood and agreed by the parties hereto that the
total cost of the work stated hereinbefore is the best
estimate available based on the design data as approved at
the time of execution of this contract, and that such cost
is subject to revisions agreeable to the parties prior to
bid and award. The Local Agency has the option to accept or
reject the proposal of the low bidder for work on which
11
competitive bids have been received. The Local Agency must
declare the acceptance or rejection at the award conference
or within 3 working days after said bids are,publicly
opened, whichever occurs later. If the bid is rejected,
costs incurred by the State in project development will not
be eligible for participation by the FHWA and must be
reimbursed to the State by the Local Agency. Following award
of the construction contract(s) under paragraph E above, no
further revisions in design data or cost estimate shall be
made except by agreement in writing between the parties. By
indicating its concurrence in such award at the award
conference, the Local Agency acting by or through its duly
authorized representatives, agrees to provide additional
funds, once appropriated by city council, if required to
complete the work under this project if no additional
Federal -aid funds will be made available for the project.
The total amount of such additional required funds will be
determined at the time of final billing as provided in
paragraph J above.
K. The parties hereto agree that this contract is contingent
upon all funds designated for the project herein being made
available from Federal and Local Agency sources. Should
these sources, either Federal or Local Agency, fail to
provide necessary funds as agreed upon herein, the contract
may be terminated by either party-Any party terminating its
interest and obligations herein shall not be relieved of
12
any financial obligations which existed prior to the
effective date of such termination or which may occur as a
result of such termination.
L. The term of this contract, except for the provisions
regarding maintenance, shall continue through the completion
and final acceptance of this project by the State, FHwA and
Local Agency. The covenants with regard to maintenance of
the improvements constructed under this contract shall
remain in effect in perpetuity or until such time as the
Local Agency is, by law or otherwise, relieved of such
responsibility.
M. During the performance of all work under this contact, the
parties hereto agree to comply with Title VI, of the Civil
Rights Act of which are shown in the Non - discrimination
Provisions attached hereto and made a part hereof.
N. The "Special Provisions ", "Attachment LO" and Appendix B
attached hereto are hereby made a part of this contract.
O. This contract shall inure to the benefit of and be binding
upon the parties, their successors and assigns.
13
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day year first above written.
ATTEST:
CLIFFORD W. HALL
State C ntroller
By
ATTEST:
g w i f
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
(' xecutive Director
Y EPARTMENT OF HIGHWAYS
APPROVED:
GALE NORTON
Attor P
By
BARRY B. RYAN
Assistant At orney General
Natural Resources Section
CITY POUEBLO, COLORADO
By e,rQ. , 4��
Title - Re ES /DFAl - i oF 77/e 4,41,,
14
APPENDIX B
SECTION 1.
MINORITY BUSINESS ENTERPRISE (MBE)
Policy.
It is the policy of the Department of Transportation that minority
business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this
agreement. Consequently the MBE requirements of 49 CFR Part 23
apply to this agreement.
SECTION 2. MBE Obligation.
The recipient or its contractor agrees to ensure that minority
business enerprises as defined in 49 CFR Part 23 have the
maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with
Federal funds provided under this agreement. In this regard all
recipients or contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 to ensure that minority
business enterprises have the maximum opportunity to compete for
and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex
in the award and performance of DOT - assisted contracts.
SECTION 3. MBE Program.
The Contractor (subrecipient) shall be responsible for obtaining
the Minority Business Enterprise Program of the Colorado
Department of Highways dated January 29, 1982, as amended, and
shall comply with the applicable provisions of the program.
A copy of the MBE program will be available from:
Staff Construction Engineer
4201 E. Arkansas, Room 287
Denver, CO 80222
Phone: (303) 757 -9231
and will by request be mailed to said contractor.
APRIL 1980
Nondiscr Provisions:
In compliance with Title VI of the Civil Rights Act of
Section 162(a) of the Federal Aid Highway Act of 1973,
itself, its assignees and successors in interest, agree
1964 and with
the Contractor, for
as follows:
A. Compliance with Regulations. The Contractor will comply with the
Regulations of the Department of Transportaion relative to
nondiscrimination in Federally- assisted programs of the Department
of Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the "Regulations "), which are herein
incorporated by reference and made a part of this contract.
B. Nondiscriminati The Contractor, with regard to the work
performed by it after award and prior to completion of the contract
work, will not discriminate 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 employment practices when the
contract covers a program set forth in Appendix C of the
Regulations.
C. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations 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 The Contractor will provide all
information and reports requied by the Regulations, or orders and
instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information, and its
facilities as may be determined by the State or the FHWA to be
pertinent to ascertain compliance with such Regulations, orders and
instructions. 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.
page 1 of 2 pages
E. Sanctions for Noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this
contract, the State shall impose such contract sanctions as it or
the FHWA may detrermine to be appropriate, including; but not
limited to:
(1) Withholding of payments to the Contractor under the
contract until the Contractor complies, and /or;
(2) Cancellation, termination or suspension 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 procurement 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.
page 2 of 2 pages
S
ATTACHMENT L 0
Certification for Federal -Aid Contracts
The _contractor certifies, by signing this contract, to the best of its
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will
be paid'to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. - Any person who fails to file
the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or
proposal that he or she shall require that the language of this certification
be included in all lower tier subcontracts, which exceed $100,000 and that all
such subrecipients shall certify and disclose accordingly.
Y«. i- AC421Q SPECIAL PROVISIONS
CONTROLLER'S APPROVAlL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State d
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
ment 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 i the payment of more than fifty thous.M dollm for the construction, erection,
repair, maintenance. or improvement of any building, toad, bridge, viaduct, ttmnd excavation or other public
works for this State, the contractor shall, before entering the performance of any such work included in this con -
tract, duly execute and deliver to and file with the official whose sigastu a appears below for the State. a good
and sufficient bond or other acceptable surety to be approved by said official in a pinta) sum rat less than one-
hair 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, pro-
visions. provcndor or other supplies used or consumed by such contractor or his soboontractor in performance 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 suds bond, when so required. is
executed, delivered and filed, no claim in favor or the contractor arising under this contract shah be audited.
allowed or paid. A certified or cashiers check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 33- 26-I06 CRS. as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including coasts, expenses,
and attorney foes incurred as a result of any act or omission by the contractor. or its employees. agents, subcon-
tractors, or assigntxs purst" to the tents of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Actor 1957,
as amcrdled, and other applicable law respecting discrimination and unfair employment practices (24 -34 -402.
CRS 1992 Replacement Vial.), and as required by Executive Order. Equal Opportunity and Affirmative Action.
dated April 16, 1975. Pursuant thereto, the follosvlrtt provision shall be conmined 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
ram creed, color. national origin. sex, marital stars, religion. ancestry. mental or physical handicap. or
age. The contractor will take affirmative action to ins= that applicants are employed. and that employees
are treated during employment, without regard to the above mentioned characteristics. Stich action shall
include, but not be limited to the following: employment upgrading, demotion. or transfer, recruitment or
recruitment :advertising: lay -offs or terminations, rates of pay or other forms of compensation; and selec-
tion 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 ollit:cr setting forth
provisions of this non - discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf or the
co state that all qualified applicants will receive consideration for employment without regard to
race, creed, soled, 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 be 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 contractors eommittmcnt 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 or
the Governor, or pursuant thereto, and will permit access to his books, records, and aceouatt by the con-
tracting agency and the office of the Governor or his designee fox purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(5) A I:ahor organization will not exclude any individual otherwise qualified frorn full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or dis-
criminate 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.
395 -53 -01 -1022
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