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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 -1- 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 -2- 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. -3- 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 -4- 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 -5- 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 -7- 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 -10- 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.. -11- 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 -12- 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