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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