HomeMy WebLinkAbout7372RESOLUTION NO. 7372
A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO,
A MUNICIPAL CORPORATION, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION RELATING TO THE
EL PUEBLO 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 May 9,
and the Colorado Department
Preservation, E1 Pueblo), copies
Clerk having been approved as
approved. The President of
deliver the contract in the name
1994, between Pueblo, a municipal corporation,
of Transportation (STE M086 -010, Historic
of which are on file in the office of the City
to form by the City Attorney, is hereby
the City Council is authorized to execute and
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 of the project has been estimated by the Department of
Planning and Development to be $80,875, and the sources of funding for the
total cost of the project are as follows:
(a) Federal Participating Funds
(80% of $80,875): $ 64,700
(b) Colorado Historical Society Funds
(20% of $80,875): $ 16,175
TOTAL FUNDS: $ 80,875
SECTION 3.
This Resolution will become effective upon final passage.
INTRODUCED: MAY 9, 1994
BY: JOHN CALTFANO
Council Person
APPROVED:
ATTEST:
City Cle k
0
P esi ent of the City Council
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
OT
Region II
905 Erie Ave, P:O, Box 536
Pueblo, Colorado 81002
(719)546 -5400
FAX(719)546 -5456
June 27, 1994
Mr. Bill Zwick
City of Pueblo
Planning Department
211 D Street
Pueblo, Co 81002
Dear Mr. Zwick:
Enclosed is the City of Pueblo's copy of the fully executive contract dated
May 9, 1944 for Project STE M086 -010, Historic Preservation (El Pueblo). You
were issued a notice to proceed with the work on June 9, 1994.
0
R.E. ANNAND
Regional Environmental Manager
r , : JUL 1 1994 ,
94-- - 15i
STE M086 -010
HISTORIC PRESERVATION
(EL PUEBLO)
CONTRACT f�jl �L
THIS CONTRACT, made this A day of /��� , 19 �T ,
by and between the State of Colorado for the use and benefit of THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State,
and 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
10471 [00] D (Contract Encumbrance Amount $80,875); 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 -010 for archaeological investigation
of the El Pueblo Museum site in Pueblo, Colorado, hereinafter
referred to as the work; and
-1-
1
WHEREAS, the Local Agency has submitted initial design data
(D . O . H . Form 463), dated 1 141, r� 2f 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 80%
Federal -aid funds to 20% Local Agency funds, it being understood
that such ratio applies only to such costs as are eligible for
Federal participation, it being further understood that all
non - participating costs are borne by the Local Agency at 100 %; and
WHEREAS, the Local Agency has estimated the total cost of the
work and is prepared to provide its share of the cost as evidenced
by an appropriate ordinance or resolution duly passed and adopted by
the authorized representatives of the Local Agency, a copy of which
is attached hereto and made a part hereof; and
WHEREAS, said ordinance or resolution also establishes the
authority under which the Local Agency enters into this contract;
and
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
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 Region Transportation Director,
located 905 Erie Avenue, Pueblo, CO 81002. Said Region
Transportation Director will also be responsible for
coordinating the State's activities under this contract.
Said Director will also issue a "Notice to Proceed" to the
Local Agency for commencement of the work.
-2-
B. The State will administer the Local Agency 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 the
Federal -aid share of the project charges following
the State's review and approval of such charges.
Charges incurred by the Local Agency prior to the
date of FHWA authorization for the project will not
be charged to the project.
C. The State will review the Local Agency's purchasing or
contracting procedures and will cause the Local Agency to
make those changes necessary to assure compliance with
State and FHWA requirements.
II. LOCAL AGENCY COMMITMENTS
A. The Local Agency will be responsible for the performance
of the work in accordance with the project application
submitted by the Local Agency and as amended between the
parties hereto.
B. The Local Agency will comply with the applicable
provisions of the State's approved Action Plan, including
all Federal directives contained therein by reference.
C. 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
-3-
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.
D. 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.
E. 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.
F. 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
Agency and to bind the Local Agency to its terms.
III. GENERAL PROVISIONS
A. The Local Agency has estimated the cost of the subject
archaeological investigation of the E1 Pueblo Museum site
in Pueblo, Colorado, hereinafter referred to as "the work"
to be $80,875 which is to be funded as follows:
a. Federal participating funds
-4-
(80% of $80,875) $64,700
b. Local Agency parti-
cipating funds
(20% of $80,875) $16,175
Total Funds $80,875
B. The matching ratio for this Federal -aid project is 80%
Federal -aid funds to 20% Local Agency funds, it being
understood that such ratio applies only to such costs as
are eligible for Federal participation, it being further
understood that all non - participating costs are borne by
the Local Agency at 100 %. The performance of the work
shall be at no cost to the State. If the total actual
cost of performance of the work exceeds $80,875, and
additional Federal funds are made available for the
project, the Local Agency shall pay 20% 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 $80,875, then the
amounts of Local Agency 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 $64,700 (100% of Federal funds) unless
such amount is increased by a written supplemental
contract.
D. It is understood and agreed by the parties hereto that the
total cost of the work stated hereinbefore is the best
estimate available based on the design data as approved at
the time of execution of this contract, and that such cost
is subject to revisions agreeable to the parties prior to
bid and award.
E. The parties hereto agree that this contract is contingent
upon all funds designated for the project herein being
made available from Federal and Local Agency sources.
Should these sources, either Federal or Local Agency, fail
." is
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.
F. In the event that all or part of the work is to be
accomplished by force account, the Local Agency will
insure that all 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.
G. The State shall have the authority to suspend the work
wholly or in part, by giving written notice thereof to the
Local Agency, due to the failure of the Local Agency to
T.
correct Project conditions which are unsafe for the
workmen or for the traveling public, or for failure to
carry out provisions of this contract, or for such periods
as the State may deem necessary due to unsuitable weather,
or for conditions considered unsuitable for the
prosecution of the work, or for any other condition or
reason deemed by the State to be in the public interest.
H. The term of this contract shall continue through the
completion and final acceptance of this project by the
State, FHWA and Local Agency.
I. 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.
J. The Special Provisions and Appendix B attached hereto are
hereby made a part of this contract.
K. This contract shall inure to the benefit of and be binding
upon the parties, their successors, and assigns.
-7-
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
B,Y L1JZ�-
I_, ecutive Director
EPARTMENT OF TRANSPORTATION
APPROVED:
GALE A. NORTON
Attorney General
By
BARRY B. RY
Assistant A torney General
Natural Resources Section
By
ATTEST:
NO
CITY OF PUEBLO, COLORADO
B g:�LA Xw��-
1e ?l2F51 OF T1hL l, 0c1 ff0 - /4"
:E%L'
t
NOTE: The attached resolution or ordinance must contain the following:
a) The Local Agency's percent ( %) contribution of the
total estimated dollar amount.
b) Authorized Signatory.
c) Local Agency's approval of contract.
LOCAL
RESOLUTION
AGENCY
OR ORDINANCE
TO BE A TTACHED
TO EXECUTORY COP /ES
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:
a
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 Billing : $ Less Retainage: $
$
TOTAL CURRENT PAYMENT REQUEST: *
$
( °k To Date of DBE Work: )
1 certify that the billed amounts are in agreement with the contract terms:
Signature - -- Title
*
% Completed x Contract Total = Total Curent Payment Request
(1) 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 $),
CADD (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
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 hrs. 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 Billin Less Retaina e $
TOTAL CURRENT PAYMENT REQUEST:
$
I certify that the billed amounts are actual and in agreement with the contract terms:
Signature Tftle
* Eligible classifications only; in accordance with contract
** In accordance with contract
Date
�ac _ L Juv%.g i caycua..lr i7111111V J "CLL. +
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:
ACTION 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
S
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
R
* 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. Nondiscriminatio 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
E. Sanctions for Noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this
contract, the State shall impose such contract sanctions as it or
the FHWA may detrermine to be appropriate, including, but not
limited to:
(1) Withholding of payments to the Contractor under the
contract until the Contractor complies, and /or;
(2) Cancellation, termination or suspension of the
contract, in whole or in part.
F. Incorporation of Provisions. The Contractor will include the
provisions of Paragraphs A through F in every subcontract,
including procurements of materials and leases of .equipment,
unless exempt by the Regulations, orders, or instructions issued
pursuant thereto. The Contractor will take such action with respect
to any subcontract or procurement as the State or the FHWA may
direct as a means of enforcing such provisions including sanctions
for noncompliance; provided, however, that, in the event the
Contractor becomes involved in, or is threatened with, litigation
with a Subcontractor or supplier as a result of such direction, the
Contractor may request the State to enter into such litigation to
protect the interests of the State and, in addition, the Contractor
may request the FHWA to enter into such litigation to protect the
interests of the United States.
page 2 of 2 pages
APPENDIX B
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation that
disadvantaged business enterprises as defined in 49 CFR Part 23
shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal
funds under this agreement. Consequently, the DBE requirements of
49 CFR Part 23 apply to this agreement.
SECTION 2. DBE Obligation.
The recipient or its contractor agrees to insure that disadvantaged
business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard all recipients or
contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to insure that disadvantaged
business enterprises have the maximum opportunity to compete for
and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex
in the award and performance of CDOT assisted contracts.
SECTION 3. DBE Program.
The contractor (subrecipient) shall be responsible for obtaining
the Disadvantaged Business Enterprise Program of the Colorado
Department of Transportation, 1988, as amended, and shall comply
with the applicable provisions of the program.
A copy of the DBE Program is available from:
Staff Construction Engineer
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver CO 80222 -3400
Phone: (303)757 -9231
and will be mailed to the contractor upon request.
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 be 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 -402). and as required by Executive Order. Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, thrjollowing provisions shall be contained in all State contracts or sub- contracts.
During 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 we employed, and that
employees are treated during employment, without regard to the above mentioned chatactristics. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause.
(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 pan 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 subcontractoror 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 :tats or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with ihis subsection .06 may cause 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 reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
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.
8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have
been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18- 8-301, et. 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:
7(Full SS WHEREOF. the parties hereto have executed this Contract on the day first above written.
Name) STATE OF C OLORADO
ROY ROMER, GOVERNOR
By
•5 EXECUTIVE D OR
Position (Title)
Social Security Number or Fcdtral I.D. Number DEPARTMENT
If Corporation.:) OF
Attest (Seal)
By
C'nrpuratt Secretary, or Equivalent. Town/City/Co Clerk
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Form 6•A/93 Page 2 which is the last of
Revised 1/93 _2_ ages P
395 -53-01 -11030