HomeMy WebLinkAbout7289RESOLUTION NO. 7 2 8 9
A RESOLUTION APPROVING A CONTRACT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND THE
COLORADO DEPARTMENT OF TRANSPORTATION
RELATING TO THE ELSON BRIDGE PROJECT AND
AUTHORIZING THE ]PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Contract dated December 27, 1993 between Pueblo, a municipal corporation and the
Colorado Department of Transportation (STE M086 -006, Runyon Link/Old, Elson Bridge, Pueblo)
copies of which are on file in the office of the City Clerk, having been approved as to form by the
City Attorney, is hereby approved. The President of the City Council is authorized to execute and
deliver the Contract in the name of the City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
SECTION 2
The total cost for the project has been estimated by the Department of Planning and
Development to be $100,000 and the sources of funding for the total costs of the project are as
follows:
(a) Federal Participating Funds
(80% of $100,000) $ 80,000
(b) Colorado Historical Society Funds
(20% of $100,000) 20,000
Total Funds $100,000
SECTION 3
This Resolution will become effective upon final passage.
ATTEST: �04,�z �-
City Clerk
INTRODUCED: December 27, 1993
BY SAMUEL CORSENTINO
Councilperson
- -� AP P TROVEr
President of th City Council
REVISED 5/93
STE M086 -006
RUNYON LINK /OLD
ELSON BRIDGE (PUEBLO)
CONTRACT
THIS CONTRACT, made this day of ��ctr b �' , 19 ,
by and between the State of Colorado for the use and benefit of THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State,
and the CITY OF PUEBLO, STATE OF COLORADO, hereinafter referred to
as the Local Agency or 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 of
project and Local Agency costs in Fund Number 400, Organization
Number 9991, Appropriation Code 010, Program 2000, Function 3020,
Object 2312 1 P, Originating Unit , Contract Encumbrance Number
10397 [00] D (Contract Encumbrance Amount $99,978.55); and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A, Section 1007 (c) of the
Intermodal Surface Transportation Efficiency Act of 1991, certain
Federal funds have been and will in the future be, allocated for the
"provision of facilities for pedestrians and bicycles, acquisition
of scenic easements and scenic or historic sites, scenic or historic
highway programs, landscaping and other scenic beautification,
historic preservation, rehabilitation and operation of historic
transportation buildings, structures or facilities (including
historic railroad facilities and canals), preservation of abandoned
railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails), control and removal of outdoor
advertising, archaeological planning and research, and mitigation of
water pollution due to highway runoff. "; and
WHEREAS, Federal -aid funds have been made available for a
project, identified as STE M086 -006 for preliminary engineering,
utilities and construction to relocate the Old Elson Bridge from Las
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Animas County to serve as a pedestrian /bicycle path over Santa Fe
Avenue in Pueblo, Colorado, hereinafter referred to as the work; and
WHEREAS, the Local Agency has submitted initial design data
(D.O.H. Form 463), dated November 16, 1993, 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 project is 800
Federal -aid funds to 20% Colorado Historical Society funds to be
provided to the State under separate agreement with the State, 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 or
Colorado Historical'Society at 100 %; and
WHEREAS, the Local Agency has estimated the total cost of the
work; and
WHEREAS, this contract is executed by the State under authority
of Sections 24 -92 -101, et seq., 29 -1 -203, 43 -1 -110, 43 -1 -116,
43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended, and by the Local
Agency under authority of 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; and
WHEREAS, the parties hereto desire to agree upon the division
of responsibilities with regard to this 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:
I. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency
through the State's Enhancement Project Coordinator, Al
Veinberg, located at Staff Design, 4201 East Arkansas
Avenue, Denver, Colorado 80222 -3400, 303 - 757 -9378. Said
Enhancement Project Coordinator will also be responsible
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for coordinating the State's activities under this
contract. Said Coordinator will also issue a "Notice to
Proceed" to the Local Agency for commencement of the work.
B. The State will administer the Historical Society and
Federal -aid funds for this project in accordance with the
following provisions.
1. Costs incurred by the Local Agency,
The State will reimburse the Local Agency for 100% of
the eligible 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.
C. The State will review construction plans, special
provisions and estimates and will cause the Local Agency
to make those changes necessary to assure compliance with
State and FHWA requirements. The Local Agency will afford
the State ample opportunity to review the construction
plans, special provisions and estimates, as changed and
said plans shall be considered final when approved and
accepted by the parties hereto. The final plans are
incorporated herein by this reference.
D. The State will perform a final project inspection prior to
project acceptance as a Quality Control activity. When
all project work has been satisfactorily completed,.the
State will sign the FHWA form 1446C.
II. LOCAL AGENCY COMMITMENTS
A. The Local Agency will provide:
1. Preliminary engineering, design services, preparation
of construction plans, special provisions and
estimates. Said plans shall include details of any
required detours to prevent any interference of the
construction work and to protect the traveling
public. All plans produced shall be stamped by a
Colorado Registered Professional Engineer.
2. Design work sheets used in designing of the project.
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3. Construction supervision by a Colorado Registered
Professional Engineer.
B. The Local Agency will be responsible for the plans being
accurate and complete.
C. The Local Agency will comply with the applicable
provisions of the State's approved Action Plan, including
all Federal directives contained therein by reference.
D. The Local Agency may enter into a contract with a
consultant to do all or any portion of the proposed
preliminary engineering and preparation of construction
plans. In the event that Federal -aid funds provided
herein are to participate in the cost of work to be done
by a consultant, the contract shall comply with the
requirements of Federal Aid Policy Guide (FAPG), Title 23,
Chapter I, Sub - chapter B, Part 172, Administration of
Engineering and Design Related Service Contracts. The
contract with the consultant shall be preceded by an
acceptable proposal and may not be executed or awarded
until the selection of the consultant and terms of the
contract shall have been approved by the State and the
Federal Highway Administration (FHWA). All changes in the
contract shall be by written supplemental agreement and
must have prior approval of the State and FHWA. As soon
as the contract with the consultant has been awarded, one
copy of the executed contract shall be submitted to the
State. Any supplemental agreements shall be similarly
submitted. Any consultant billings shall comply with the
State's standardized consultant billing format. Examples
of the billing formats for the various methods of contract
payment are attached hereto and made a part hereof.
E. The Local Agency will be responsible to perform
acquisition and relocation assistance for the project, as
required by Section 24 -56 -101, et seq., C.R.S. However,
if the State determines that such performance by the Local
Agency will jeopardize or is jeopardizing distribution of
federal assistance funds, or that action by the State is
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F.
G.
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. Prior to this project being
advertised for bids, the Local Agency will certify in
writing to the State that all right 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 will be responsible for obtaining the
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.
In the event the project involves modification of a
railroad company's facilities at a railroad grade crossing
whereby the work is to be accomplished by railroad company
forces, the Local Agency shall make application to the
Public Utilities Commission requesting its order providing
for the installation of the proposed improvements. The
Local Agency shall also establish contact with the
railroad company involved for the purpose of:
1. Executing an agreement setting out what work is to be
accomplished and the location(s) thereof, and that
the costs of the improvement shall be eligible for
Federal participation.
2. Obtaining the railroad's detailed estimate of the
cost of the work.
3. Establishing future maintenance responsibilities for
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the proposed installation.
4. Prescribing future use or dispositions of the
proposed improvements in the event of abandonment or
elimination of the grade crossing.
5. Establishing future repair and /or replacement
responsibilities in the event of accidental
destruction or damage to the installation.
H. The Local Agency will provide final assembly of
construction plans, special provisions, estimates and
contract documents.
I. In the event the Local Agency has engaged a consultant for
the design of a major structure, the Local
Agency /consultant contract shall contain the following:
1. Upon advertisement for the project for construction,
the consultant shall make available services as
requested by the State to assist the State in the
evaluation of construction and the resolution of
construction problems that may arise during the
construction of the project.
J. The Local Agency shall be responsible for supervision of
the construction of the project. The Local Agency shall
appoint a qualified professional engineer, licensed in the
State of Colorado, as the Local Agency Project Engineer
(LADE). The LADE may be an employee of the Local Agency
or a consultant. In such event, notwithstanding Section
12 -25 -103, C.R.S., as amended, the LAPE shall be in
responsible charge of the construction supervision of the
project. Such construction supervision shall consist of
project inspection and testing; approving sources of
materials; performing required plant and shop inspections;
documentation of contract payments, testing, and
inspection activities; preparing and approving pay
estimates; preparing, approving, and securing the funding
for contract modification orders (CMOs) and minor contract
revisions (MCRs); processing contractor claims; and,
meeting the Quality Control (QC) requirements of the
We
FHWA /State stewardship program.
K. The LADE shall administer the project in accordance with
this agreement, the requirements of the construction
contract, and State procedures.
L. The Local Agency will prepare and submit to the State
monthly charges for costs incurred relative to the
project. The Local Agency will prepare project charges in
accordance with the State's standard policies, procedures,
and standardized billing format attached hereto and made a
part hereof. Charges incurred by the Local Agency prior
to the date of FHWA authorization of the project will not
be charged to the project.
M. The Local Agency 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.
N. 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.
O. The Local Agency represents and warrants that it has taken
all actions that are necessary or required by internal
procedures and bylaws, and applicable law, to properly
authorize the undersigned signatory for the Local Agency
to lawfully execute this contract on behalf of the Local
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Agency and to bind the Local Agency to its terms.
III. GENERAL PROVISIONS
A. The Local Agency has estimated the total cost of the
preliminary engineering, utilities and construction to
relocate the Old Elson Bridge from Las Animas County to
serve as a pedestrian /bicycle path over Santa Fe Avenue in
Pueblo, Colorado, hereinafter referred to as the work, to
be $100,000 which is to be funded as follows:
a. Federal participating funds
(80% of $100,000) $80,000
b. Colorado Historical Society funds
(20% of $100,000) $20,000
Total Funds
$100,000
B. The matching ratio for this Federal -aid project is 800
Federal -aid funds to 20% Colorado Historical Society funds
to be provided to the State under separate agreement with
the State, 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 Colorado
Historical Society or the Local Agency at 100 %. The
performance of the work shall be at no cost to the State.
If the total actual cost of performance of the work
exceeds $100,000, and additional Federal funds are made
available for the project, the Local Agency shall pay 200
of all such costs eligible for Federal participation and
100% of all non - participating costs." If the total actual
cost of performance of the work is less than $100,000,
then the amounts of Colorado Historical Society and
Federal -aid funds will be decreased in accordance with the
funding ratio described herein.
C. The maximum amount payable to the Local Agency under this
contract shall be $80,000 (100% of Federal funds) unless
such amount is increased by a written supplemental
contract.
I:II
D. Upon receipt of any billing from the State, the Local
Agency will remit to the State that amount billed. Should
the Local Agency fail to pay moneys 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 (400).
E. 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.
F. The parties hereto agree that this contract is contingent
upon all funds designated for the project herein being
made available from Federal and Colorado Historical
Scoiety 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 any financial obligations
which existed prior to the effective date of
such termination or which may occur as a result of such
termination.
G. Notwithstanding any consents or approvals given by the
State for said plans, the State will not be liable or
responsible in any manner for the structural design,
details or construction of any major structures that are
designed within the work of this contract.
H. The Local Agency will insure that all construction work is
accomplished in accordance with the pertinent State
specifications as well as FAPG, Title 23, Chapter I,
Sub - chapter B, Part 635, Sub -part B, Force Account
Construction. 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 FAPG, Title 23, Chapter I,
Sub - chapter B, Part 635, Sub -part B, Section 635.204(c).
Such agreed unit prices shall constitute a commitment as
to the value of the work to be performed. It may be
agreed to participate in 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 cost items shall be
evaluated for compliance with Federal Procurement
Regulations Part 1 -15. Rental rates for publicly owned
equipment will be determined in accordance with Section
109.04 of the State's "Standard Specifications for Road
and Bridge Construction ". 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 Local Agency shall, during all phases of the work,
permit duly authorized agents and employees of the State
and the FHWA to inspect the project and to inspect, review
and audit the project records.
I. 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.
J. During the performance of all work under this contract,
the parties hereto agree to comply with Title VI, of the
Civil Rights Act of 1964, the salient points of which are
shown in the Non - Discrimination Provisions attached hereto
and made a part hereof.
K. The Special Provisions and Appendix B attached hereto are
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hereby made a part of this contract.
L. This contract shall inure to the benefit of and be binding
upon the parties, their successors, and assigns..
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IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST:
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
Chief C
CLIFFORD W. HALL
State Controller
ATTEST:
� B
v ecutive Director
EPARTMENT OF TRANSPORTATION
APPROVED:
GALE A. NORTON
Attorney General
By
BARRY B. RY
Assistant A=tor ey General
Natural Resources Section
CITY OF PUEBLO, COLORADO
Fy By ozz:Z:T--
Title A.E K. Title En/T OF
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EXAMPLE A (Lump Sum Contracts)
Company Name:
Project No.
Address:
Project Location
Employer (FEIN) ID Number:
Subaccount No.
Invoice Number and Date:
Progress Report Dated:
% Completed: (1)
Current Billing Period: From: To:
�.
BASIC AND / OR SUPPLEMENTAL CONTRACT TOTAL: (
$
Total Billed to Date:
$
Less: Retainage (10% of billing not to exceed 5% of contract)
$ '
Less: Prior Payments:
$
Prior BHIIng : $ Less Retainage: $
$
TOTAL CURRENT PAYMENT REQUEST: *
$
(°/6 To Date of DBE Work: )
I certify that the billed amounts are in agreement with the contract terms:
Signature - Title
*
% Completed x Contract Total = Total Curent Payment Request
( x (2)
Date
EXAMPLE B (Cost Plus Fixed Fee Contracts)
Company Name:
Project No.
Address:
Employer (FEIN) ID Number:
Project Location
Invoice Number and Date:
Progress Report Dated:
Subaccount No.
% Completed:
BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Billing Amount: $
Current Billing Period: From: To:
DIRECT LABOR: (List individually)
Emolovee Name
Classification
Regular
Hours
Direct Hourly
Rate $
Overtime
Hours *
Cost
$
Current
This Period
Total Amount to
Date (Optional
SUBTOTAL - DIRECT LABOR
$
$
INDIRECT ( %) (As specified in contract)
$
$
OTHER DIRECT COSTS (In - House)
List individually - at actual cost as in final cost proposal; mileage (miles x $),
CARD (hrs. x $), equip. rental (hrs. x $), etc.
$
$
SUBTOTAL (DIRECT LABOR, INDIRECT & OTHER DIRECT COSTS)
$
$
FEE ( %) (As specified in the contract)
$
$
OUTSIDE SERVICES (Subconsultants & Vendors) (List individually)
(To be in this same format - attach copies)
$
$
% To Date on DBE Work
$
$
Outside Services Management Expense (when applicable)
$
$
TOTAL CURRENT PERIOD:
$
$
TOTAL TO DATE:
$
$
LESS: Retaina a 10% of billing not to exceed 5 % of contract
$
$
LESS: Prior Payments
$
$
Prior Billing Less Retaina e
$
$
TOTAL CURRENT PAYMENT REQUEST
$
Is
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature Title Date
* Eligible classifications only; in accordance with contract
EXAMPLE C (Specific Rates Of Pay Contracts)
Company Name:
Project No.
Address:
Employer FEIN ID Number:
Project Location
Invoice Number and Date:
Progress Report Dated:
Subaccount No.
% Completed:
BASIC AND/ OR SUPPLEMENTAL CONTRACT TOTAL $
Prior Period Billing Amount: $
Current Billing Period: From: To:
PAY RATES: (List individually)
Employee Name
Classification
Regular
Hours
Overtime
Hours *
Rate of Pay
$ / Hours"
Cost
$
SUBTOTAL - PAY RATES:
$
OTHER DIRECT COSTS In - House
List individually - at actual rates as in final cost proposal; mileage (miles x $),
CADD Mrs. x $), equip. rental hrs. x $), etc.
$
SUBTOTAL (Pay Rates and Other Direct Rates
$
OUTSIDE SERVICES (Subconsultants & Vendors) (List individually)
o be in this same format - attach copies
$
% To Date on DBE Work---
Outside Services Management Expense when applicable)
$
TOTAL CURRENT PERIOD:
$
TOTAL TO DATE:
$
LESS: Retaina a 10% of billing not to exceed 5 % of contract
$
LESS: Prior Payments
$
Prior Billing $ Less Retaina e $
TOTAL CURRENT PAYMENT REQUEST:
$
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature Title
* Eligible classifications only; in accordance with contract
** In accordance with contract
Date
E MMPLE D (Local Agency Billing) Date
SECTION I. CONTRACT DATA
Local Agency: Project No.
Address:
Employer (FEIN) ID Number: Project Location
Invoice Number and Date:
Completed: Subaccount No.
BASIC AND /OR SUPPLEMENTAL CONTRACT TOTAL: $
Federal Share $
Local Agency Share $
State Share $
Prior Period Billing Amount: $
Current Billing Period: From: To:
CTION II. INCURRED COSTS
DIRECT LABOR: (List individually)
Employee Classifi- Regular Direct Hourly Overtime Cost
Name cation Hours Rate $ Hours* $
Current
This Period
SUBTOTAL - DIRECT LABOR $
BENEFITS . $ OF DIRECT LABOR $
OTHER DIRECT COSTS (In- House)
List individually -at actual cost;
mileage (miles x $), CADD (hrs. x
equip rental (hrs. x $), etc.
OUTSIDE SERVICES (Consultants & Vendors)
(List individually) (To be in this same format- $
attach copies of invoices)
TOTAL COSTS CURRENT PERIOD: $
TOTAL COSTS TO DATE:
SECTION III. BILLING
Total to
Date
TOTAL BILLING CURRENT PERIOD
( $ OF TOTAL COSTS): $
Prior Billing: $
I certify that the billed amounts are actual and in agreement with the
contract terms:
Signature Title Date
* Eligible classifications only.
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 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. Nondiscrimination. 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 Reports. 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
1248V
APPENDIX B
January 1, 1989
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
Instructions for Certification
1. By signing this contract, the contractor is providing the
certification set out below.
2. The inability of a person to provide the certification required
below will not necessarily result in denial of participation in this covered
transaction. The contractor shall submit an explanation of why it cannot
provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the contractor to
furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation of
fact upon which reliance was placed when the State determined to enter into
this transaction. If it is later determined that the contractor knowingly
rendered an erroneous certification, in addition to other remedies available
to the Federal Government, the State may terminate this transaction for cause
of default.
4. The contractor shall provide immediate written notice to the State
if at any time the contractor learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order
12549. You may contact the State for assistance in obtaining a copy of those
regulations.
6. The contractor agrees by signing this contract that, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by the State.
7. The contractor further agrees by signing this contract that it will
include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"
attached hereto as Appendix C, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
Page 1 of 2
8. The contractor may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. The contractor may
decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the
Nonprocurement List (Tel. # (202) 786 - 0688).
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of the
contractor is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these
instructions, if the contractor knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the State may terminate
this transaction for cause of default.
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions.
(1) The contractor certifies to the best of its knowledge and belief,
that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from covered transactions by any
Federal department or agency.;
(b) Have not within a three -year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of
fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or
contract under a public transaction: violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with commission of
any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this
application /proposal had one or more public transactions (Federal, State or
local) terminated for cause or default.
(2) Where the contractor is unable to certify to any of the statements
in this certification, such prospective participant shall attach an
explanation to this proposal.
Paged 2 of 2
APPENDIX C
January 1, 1989
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS
Instructions for Certification
1. By signing this contract, the lower tier participant is providing
the certification set out below.
2. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was entered into.
If it is later determined that the lower tier participant knowingly rendered
an erroneous certification, in addition to the other remedies available to the
Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and /or
debarment.
3. The lower tier participant shall provide immediate written notice
to the person with which this transaction originated if at any time the lower
tier participant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "voluntarily
excluded," as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order
12549. You may contact the person with which this transaction originated for
assistance in obtaining a copy of those regulations.
5. The lower tier participant agrees by signing this contract that, it
shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by
the person with which this transaction originated.
6. The lower tier participant further agrees by submitting this
proposal that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to
check the Nonprocurement List (Tel. # (202) 786- 0688).
Page 1 of 2
8. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly enters into
a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department
or agency with which this transaction originated may pursue available
remedies, including suspension and /or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions
(1) The lower tier participant certifies, by signing this contract, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency.
(2) Where the lower tier participant is unable to certify to any of the
statements in this certification, such participant shall attach an explanation
to this contract.
Page 2 of 2
f
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 of Colorado 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 fifty 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 the State official who will sign the contract, 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 upon the 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, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to he done or fails to pay any person who supplies rental machinery. tools. or equipment in the prosecution of the work 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 is executed, delivered and
filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's 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 CRS 38 -26 -106.
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 costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
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 (CRS 24- 34 -402L 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 stab- contracts.
Daring the performance of this contract, the contractor agrees as follows:
(a) 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 eharactais6cs. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; layoffs or terminati rattx of pay or other forts 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.
(b) 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.
(c) The contractor will send to each labor union or representative of workers with which he has a 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 commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) 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.
(e) A labor organization will not exclude anv 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.
(f) 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.
Form 6- AC -02B
Revised 1/93
395 -53 -01 -1022
page 1 of 2 pages
(g) 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 canceled, 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.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor 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 subcontractor 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
b. When a construction contract for a public project is to be awarded to a bidder. a resident bidder shall be allowed a preference against a non - resident bidder from
a slats or foreign coan;ry equal to the preference given or required b% the state or foreign country in which the non - resident bidder is a resident. If it is determined by
the officer respon <ihic for uw u.ding the bid that compliance wnh ;hi< %obsection .06 may caum: denial of federal funds which would otherwise be available or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102)
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 rcfergncc
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,
defence, 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.
S. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state Iaws rules, and regulations that have
been or may hereafter be established.
9. The signatories aver that they arc familiar with CRS 18- 8-301, ct. seq., (Bribery and Corrupt Influences) and CRS 18- 8-401, et. seq.. (Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
WITNESS WHEREOF, the patties hereto have executed this Contract on the day first above written.
Contractor.
(Full Legal Name) STATE OF COLORADO
ROY ROMER, GOVERNOR
By
•t EXECUTIVE D OR
Position (; itic)
Social Security Number m Federal I.D. Number DEPARTMENT
If Corporation.:) OF
Attest (Sea))
By
Corporate Secretary, or Equivalent. To�n/CiryrCo .y Ckrk
APPROVALS
ATTORNEY G-E ERAL CONTROLLER
By By
Form 6 -A193 Page 2 wic the act o
Revised 1/93 hh ih t f 1 ages _ P
395- 5."i -im