HomeMy WebLinkAboutResolution-1990-1203
RESOLUTION NO. 1203
Series of 1990
TITLE:
RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT WITH
COLORADO DEPARTMENT OF HIGHWAYS FOR THE fAUS PROJECT ON
32ND AVENUE BETWEEN SIMMS STREET AND KIPLING STREET
WHEREAS, Federal-Aid urban system funds have been made
available for preliminary engineering, utilities and right-Of-way
for improvements on 32nd Avenue between Simms and Kipling Street;
and
WHEREAS, the City must enter into a contract with the
Colorado Department of Highways for administration of federal
funds and technical support; and
WHEREAS, the Colorado Department of Highways has
offered this Agreement under authority of ~ections 24-92-101, et
seq., 43-1-102, 43-1-106, 43-2-101(4)(c) and 43-2-144, C.R.S., as
amended; and
WHEREAS, the matching ratio for this Federal-aid urban
system project is 78.00% Federal-aid funds ($821,340) and 22.00%
City of Wheat Ridge funds ($231,660) for costs eligible for
Federal participation; it being understood that all non-
participating costs are borne by the Cities of Wheat Ridge and
Lakewood at 100% as stipulated in the Intergovernmental Agreement
between the Cities; and
WHEREAS, Section 14.2 of the Home Rule Charter of the
City of Wheat Ridge that the Intergovernmental Agreement with the
Colorado Department of Highways attached to this Resolution be
approved, and the Mayor be authorized to sign said
Intergovernmental Agreement.
DONE AND RESOLVED this 14th
day of May, 1990.
~Jdh
Dan Wilde, Mayor
AT'rEST:
(
, 'I ,/ { , ,~ c
Wanda Sang, City Clerk
DoH CJ!J -,3 4-Cf-
0567W
MR 1506 ( 1)
32nd Ave ,
KIPLING ST, TO SIMMS ST
CONTRACT
Ml7v
I
and between the State of Colorado for the use and benefit
THIS CONTRACT, made this 3Lgday of
, 19 90
, by
of THE STATE
DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter referred to
as the State, and CITY OF WHEAT RIDGE, 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 in Fund
Number 2001, G/L Account Number 52046, Contract Encumbrance Number
89090; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, pursuant to Title 23, United States Code and the
regulations promulgated thereunder certain Federal funds have been and
will in the future be, allocated for the improvement of certain routes
on the designated urban system and which are not on any other
Federal-Aid system, hereinafter referred to as the program; and
WHEREAS, pursuant to the aforesaid laws and regulations, routes on
the urban system are eligible to be improved under the program at no
cost to the State; and
WHEREAS, the State and the Local Agency have heretofore entered
into a master agreement for projects on the Federal-aid urban system,
dated March 24, 1975, hereinafter referred to as the master agreement
which is incorporated herein and made a part hereof by reference; and
WHEREAS, the word "State" as used in this contract shall be
synonymous with and interchangeable with the word "Division" as used
1n the master agreement, and
WHEREAS, Federal-aid urban system funds have been made available
for an urban system project, identified as MR 1506(1)for preIiminary
engineering, utilities and construction to upgrade 32nd Avenue from
Kipling Street (SH 391) to Simms Street, in the City of Wheat Ridge,
Colorado, hereinafter referred to as the work; and
WHEREAS, the LocaI Agency has submitted initial design data
(DOH Form 463), dated December 21, 1988, to the State setting forth
therein preIiminary details, information and estimates of cost of this
work, which data has been approved by the State, and
WHEREAS, the matching ratio for this Federal-aid urban system
project is 78,00% Federal-aid funds to 22.00% Local Agency funds, it
being understood that such ratio applies only to such costs as are
eligible for Federal participation, it being further unders~ood 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
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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.. 43-1-102. 43-1-106. 43-2-101(4)(c) and
43-2-144, C R S , as amended; and
WHEREAS. the parties hereto desire to agree upon the division of
responsibilities with regard to this urban system project; and
WHEREAS. the Local Agency is adequately staffed and suitably
equipped to undertake and satisfactorily complete portions of the
work, and
WHEREAS, the State certifies that such work can be more
advantageousIy performed by the Local Agency
NOW, THEREFORE, it is hereby agreed that
PROJECT PROVISIONS
1 The State will provide liaison with the Local Agency through
the State's District Engineer. District 6, located at
2000 S. Holly. Denver, Colorado 80222, Said District
Engineer will also be responsible for coordinating the
State's activities under this contract.
2 The parties hereto agree to comply with all of the terms and
conditions of the master agreement. unless in conflict with
this contract, in which case the provisions of this contract
shall apply
3 The Local Agency has estimated the total cost of the
preliminary engineering, utilities and construction to
upgrade 32nd Avenue from Kipling Street to Simms Street in
the City of Wheat Ridge, Colorado. hereinafter referred to as
the work to be $1,878,272. which is to be funded as follows.
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a,
Federal participating funds
(78% of $1,053,000)
$ 82 1 , 340
b, Local Agency share:
(1) Local Agency parti-
cipabng funds
(22% of $1,053,000) $231,660
(2) Local Agency non-
participating costs $787,707
(3) The Local Agency non~
participating funds For
indirect costs (approx
2 0% of $1,878,272) $ 37,565
Subtotal (Local Agency share)
$1,056,932
Total Funds
$1,878,272"
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REVISED 6/86
STANDARD
GENERAL PROVISIONS
A. The Local Agency will provide
1. Preliminary engineering, design services, preparation of
construction plans, special provisions and estimates in
accordance with the State's Roadway and Bridge Design Manuals
and Standard Specifications for Road and Bridge Construction
2 Design work sheets used in designing of the project
B The Local Agency will comply with the following.
1 The Local Agency will prepare construction plans in
accordance with the requirements of Engineering Services
Section 107, Preparation of Construction Plans by Local
Agency, attached hereto and made a part hereof.
2 The Local Agency will be responsible for the plans being
accurate and complete,
3 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
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,
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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 FHPM, Volume I, Chapter 7, Section 2,
Administration of Negotiated 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
the 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.
E The State will review construction plans, special provisions and
estimates and make those changes necessary to assure compliance
with State and FHWA requirements The State will afford the Local
Agency 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 State will provide final assembly of construction
plans, special provisions, estimates and contract documents. In
the event all or part of the construction work is to be
contracted, the State will establish appropriate Minority Business
-6-
Enterprise (MBE) goals for the construction contract(s) and the
State in conjunction with the LocaI Agency will advertise the call
for bids, and upon concurrence by the Local Agency, award the
construction contract(s) to the Iowest responsible bidder(s)
F The Local Agency will be responsible for acquiring any additional
rights of way required for the compIetion of the project,
including any necessary construction easements. Prior to this
project being advertised for bids, the local Agency will certify
in writing to the State that all right of way has been acquired in
accordance with the applicable State and Federal regulations, or
that no additional right of way is required, or that rights of
entry have been acquired for parcels yet to be acquired by the
local Agency
G The State will be responsible for assuring that the Local Agency
has obtained proper clearance or approval from any utility company
which may become involved in this project, by separate agreement
between the Local Agency and the utility, if necessary, Prior to
this project being advertised for bids, the Local Agency will
certify in writing to the State that all such clearances have been
obtained
H, The State or the local Agency with approval from the State will be
responsible for the supervision of the construction of the
project The supervised work will consist of but not be limited
to field and office engineering, inspection
and traffic control. It is currently anticipated that the Local
Agency shaIl provide construction staking and materials testing
required for the successful completion of the project, The
-7-
project will be subject to periodic inspection by the FHWA 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
2, The consultant shall review the construction contractor's
shop drawings for conformance with the contract documents and
compIiance with the provisions of the State Department of
Highways publication. "Standard Specifications for Road and
Bridge Construction", in connection with this work
I, The Local Agency shall provide and mark detours around the
construction area to prevent any interference of the construction
work and to protect the traveling public,
J In the event that all or part of the work is to be accomplished by
force account rather than contract as specified in paragraph E
hereinabove, the Local Agency will insure that all work is
accomplished in accordance with the pertinent State specifications
as weIl as FHPM. Volume 6. Chapter 4. Section 1. Subsection 14,
Contract and Force Account, Work will normally be based upon
estimated quantities and firm unit prices agreed to between the
Local Agency, the State and the FHWA in advance of the work, as
provided for in FHPM. Volume 6. Chapter 4, Section 1, Subsection
6, paragraph 12b. Such agreed unit prices shall constitute a
commitment as to the value of the work to be performed
-8-
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 the second shift rental rate per hour as
established in the state's Construction Equipment Rental Rate
Schedule dated May 1, 1986 or subsequent revisions thereof. All
force account work shall have prior approval of the FHWA and shall
not be initiated until the State has issued a written notice to
proceed, The Local Agency shall, during all phases of the work,
permit duly authorized agents and empIoyees of the State and the
FHWA to inspect the project and to inspect, review and audit the
project records,
K. 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.
L, 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 ~"rl FHWA will make
-9-
periodic inspections of the project to verify that such
improvements are being adequately maintained,
M 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 AqencJL
The LocaI Agency will prepare and submit monthly charges for
costs incurred relaLjue to the project The Local Agency
wiII prepare project charges in accordance with the State's
standard policies and procedures The State will reimburse
the Local Agency for the Federal-aid share of the project
charges following the State's review and approval of such
charges Charges incurred by the LocaI Agency prior to the
date of FHWA authorization for the project will not be
charged to the project
2 Costs incurred bv the State
The State will prepare monthly estimates of incurred costs
for all construction engineering relative to the project.
The State's monthly billings for the Local Agency share will
be based on actual construction engineering costs As funds
are expended during the course of the work, the State will
bill the Local Agency monthly for the Local Agency share of
such expenditures Upon completion of the work to be
performed under this contract and acceptance thereof by the
State, FHWA and the LocaI Agency, the State will submit a
final recapitulation of the project costs to the Local Agency
and a final billing for the balance due of its share of
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participating costs plus all non-participating costs. Upon
receipt of each bill from the State, the Local Agency will
remit to the state that amount billed, Should the Local
Agency fail to pay monies due the State within 30 days of
demand or within such other period as may be ag~eed 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 Agcncy
from the Highway Users Tax Fund and to pay such funds
directIy to the State, Interim funds, until the State IS
reimbursed, shall be payabIe from state Highway Supplemcnt~rv
Fund (2001) All funds expended by the State for the
performance of any work under this contract or relative to
the administration of this contract shaIl be charged to this
project
N 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 Ihe
Local Agency has the option to accept or reject the proposal of
the low bidder for work on which competitive bids have been
received. The Local Agency must declare the acceptance or
rejection at the award conference or within 3 working days after
said bids are publicly opened, whichever occurs later If the bid
is rejected, costs incurred by the State in project development
will not be eligible for participation by the FHWA and must be
-11-
reimbursed to the state by the Local Agency, Following award of
the construction contract(s) under paragraph E above, no further
revisions in design data or cost estimate shall be made except by
agreement in writing between the parties. By indicating its
concurrence in such award at the award conference, the Local
Agency acting by or through its duly authorized representatives,
agrees to provide additional funds if required to complete the
work under this project if no additional Federal-aid funds will be
made available for the project The total amount of such
additional required funds will be determined at the time of final
billing as provided in paragraph N above
o The parties hereto agree that this contract is contingent upon all
funds designated for the project herein being made available from
Federal and Local Agency sources Should these sources, either
Federal or Local Agency, fail to provide necessary funds as agreed
upon herein, the contract may be terminated by either party. Any
party terminating its interest and obligations herein shall not be
relieved of any financial obligations which existed prior to the
effective date of such termination or which may occur as a result
of such termination
P. The term of this contract, except for the provisions regarding
maintenance, shall continue through the compIetion 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
-12-
Q, During the performance of all work under this contract, the
parties hereto agree to comply with Title VI, of the CiviI Rights
Act of 1964, the salient points of which are shown in the
Non-discrimination Provisions attached hereto and made a part
hereof
R, The Special Provisions and Appendix B attached hereto are hereby
made a part of this contract
S. This contract shall inure to the benefit of and be binding upon
the parties, their successors, and assigns
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IN WITNESS WHEREOF, the parties hereto have executed this contract
the day and year first above written.
ATTEST:
STATE OF COLORADO
ROY ROMER, GOVERNOR
c:: f ;::?z.,.... - : . '8
A::/""yChief Clerk
By
ctor ~
H IGHWA YS ( .J
APPROVED:
CLIFFORD W, HALL
State Controller
DUANE WOODARD
Attorney General
By ~~.~~
--
By
AN
Assista At rney General
Natural Resources Section
'I
ATTEST:
By
CITY OF WHEAT RIDGE, COLORADO
By
,(~
DAN WILDE
Mavor
Ti. tl e
Title
a~tf
-4-
Rev. 5/86
page 1 of 2 pages
ATTACHMENT 100
REFERENCES-GENERAL GUIDELINES-SUPPLEMENTAL DESIGN DATA-SUPPLIES
The State's Contract Administrator shall determine which of the following
materials are applicable to this contract and shall be responsible for
obtaining and supplying the consultant with the applicable materials.
100.1
As determined by the State to be applicable, as a part of the
State's obligations in connection with this consultant
services contract, the State will furnish, without cost to
the consultant, following:
(1) The State's current Manuals relating to:
a. Roadway Design
b. Drafting
c. Right of Way (Chapter 2 only)
d. Surveys
e. Bridges
(2) The State's current published "Standard
Specifications for Road and Bridge
Construction".
(3) "Supplemental Specifications", as approved and
accepted prior to and during the term of the
consultant's contract to which this is
applicable along with any Special Provisions
currently in use, or as may be developed
during the term of the aforesaid contract, in
conjuncion with Item (2) next above.
(4) The Federal Highway Administration's (FHWA)
current issues of the Federal-Aid Highway
Program Manual (FHPM), together with any
published amendments of and/or supplements
thereto such as, but not limited to the
following:
a. FHPM 6-3-3-1, Appendix - Plans,
Specifications and Estimate
b. FHPM 6-2-1-1, Design Standards for
Highways
c. FHPM 6-7-3-2, Hydraulic Design of
Highway Encroachments on Flood Plains
d. FHPM 1-7-2, Administration of
Neogotiated Contracts.
LOCAL AGENCY
RESOLUTION OR ORDINANCE
TO BE ATTACHED
TO EXECUTORY COPIES
Rev. 5/86
107.1
107.2
107.3
DOH
FORM
NO.
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
STATE OF COLORADO
ENGINEERING SERVICES
SECTION 1Q7
PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGENCY
All plans shall be in accordance with the Department of
Highways Drafting Manual. (Copies available through
Department of Highways, Staff Design Branch or Bid Plans,
Room 117) .
The State will prepare permanent type polyester reproductions
of original drawings at a nominal charge when requested by
the Local Agency.
The Local Agency may, at its option, purchase approved
standard size sheets from the State. The purchase price of
such materials shall be the actual cost as incurred by the
State.
The following approved standard size sheets measuring 22
inches by 34 inches with rectangular border of 20 inches by
31-1/2 inches for the working drawing's, are normally
available from current State inventories.
TITLE
COMPOSITION
113
Summary of Approximate Quantities
* Mylar
125
126
134
146
107.4
Structure Quantities
Mylar
Blanket Sheet
Mylar
Plan and Profile
Mylar
Cross Section
Vellum
* Accepted trade name for polyester fi1m
The state will prepare the title sheet for the final
construction plans. The title sheet will be made available
for Local Agency use upon request of the Local Agency. The
cost incurred by the State for preparation of the title sheet
will be charged to the project.
APPENDIX B
MINORITY BUSINESS ENTERPRISE (MBE)
SECTION 1.
POlicy.
It is the policy of the Department of Transportati(ln that; minority
business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this
agreement. Consequently the MBE requirements of 49 CFR Part 23
apply to this agreement.
SECTION 2.
MBE Obligation.
The recipient or its contractor agrees to ensure that minority
business enerprises as defined in 49 CFR Part 23 have the
maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with
Federal funds provided under this agreement. In this regard all
recipients or contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 to ensure that minority
business enterprises have the maximum opportunity to compete for
and perform contracts. Recipients and their contractors shall not
discriminate on the basis of race, color, national origin, or sex
in the award and performance of DOT-assisted contracts.
SECTION 3.
MBE Program.
The Contractor (subrecipient) shall be responsible for obtaining
the Minority Business Enterprise Program of the Colorado
Department of Highways dated January 29, 1982, as amended, and
shall comply with the applicable provisions of the program.
A copy of the MBE program will be available from:
Staff Construction Engineer
4201 E. Arkansas, Room 287
Denver, CO 80222
Phone:
(303) 757-9231
and will by request be mailed to said contractor.
APRIL 1980
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, Includinq 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 impofle such contract sanctions as it or
the FHWA may detrermine to be appropriate, including, but not
limited to:
(1)
I
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
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I. This c:onttac:l shan noI be deemed valid until It iiwI..... II.- ~b, .... CaalroIler cI.... SlaIll cI
Colorado or such usistant u he may clcsipalc. Tbla pnwiIIan II appIbIIIo to _, ClIIlInClllWlllvllll the pa,.
mcnt fJI money by the Statc. . ',.' ,,,, """'tfA boil "''''''x,;';\. U'
PtlND AVAlLABILI,TY . - . !' ~,., ".;!; '.;. ., '~"'.''''','! tiC,' j.,
Z. financial obliplloas cI the State paJlble after.... ~ lIIcaI ,... Me t:IlIIIIIllpnt upon l'uncls rClt' that
IUrposc bcin, Ippropriated. bud,eted and othcrwiIe made _1abIe. '. ,
... '.'/ ..,1;.( '. ~"
BOND KEQUIIU!:IIENT '\" ~. ','ClN'~'!' "".' ", _
3. Jr this _ Inwl_ the payment cI_ lhaa oft, ibous-I dol";" f'or tho -*'1c:IIon, erection,
n:pair. maintenlnce. or improvement of any bullcli.... road, bricIp, vladucl. tuanel, excavation or other IUbllc
wcria for lhis Stale. the conlrllClOr shill, before cnlerilll the perf~ clany IUCb wadt incluclcd in this con-
lraCl. duly e.ccule Ind cIcliver to and RIe with the olIIcW ...... siauIure ......... below for the State. alDacl
and sufficienl bond or olhcr acceptablc surety to be approved by laid oII"ocial ID a penal sum noIlcu than one-
half fJI the IOlaI amounl payable by the terms of this contrad. Such bond shaD be duly ellCCUtccI by a qualirlCd
corporale surcty. condilioned for lhe due and faith/'ul performance of the ~ and in addition. shall provide
lhal if lhe conlractor or his subcontractors fail to duly pay for any labor, materi.... team hire. suslenancc. pr0-
visions. provendor or other supplies used or consumed by IUCb COlIlnlc:lot' or his SlIbcontraetor in performance cI
the work conlracted to be done, the surety will pay the _ ID an amount IlOl exccedin& the sum IpcCIfJed in the
bond. toðer wilh inlerest althe rate of eilht per cent per UlJlUJn. UDlas IUclt bond. wheD io required, is
execuled. cIclivered and filed, no claim in ravor cI the contraclor arisina under this contract shall be audited.
alJowed or paid. A cenified or cashier's check or a bank _y orcIcr payable to the Treasurer vi the Stlte fJI
Colorado mlY be accepled in lieu of a bonc!. This provision is in compliance with 38-26-106 CRS. u
amended. ..
INDEMNInCNl'ION
". i' .-~::
4. To lhe ..tenl authorized by law. the contractor shall indemnlry, save and hoIcI hannlcu the State, its
employees and allCn... alllinst Iny and all cllims. dama~,lIability and c:ourt awards ineludin,COIIS. espenses.
and auumey fces incurred as a result of any act or omiaaion by the contraclor, or ita employees. aaents. subcon-
tractors. or usiplCCll pursuant to the terms clthia contract.
DISCRIHINATlON AND AFFIRMATIVE ACl'ION
,. The cunlraclU( aIVce5 10 comply with the letter and spirit of tile Colorado Antldiscriminltion Act or 1957,
as amencJcd. and other applicable law rcspectinl discrimiDadoa and unfair employment practices (24-34-402.
CRS 1982 Rcplacemenl Vol,). and as required by Esccutive 0rcIcr.1!quaI Opportunity and Affirmalive ^~1ion.
dalcd April 16. 1975. Pu"uan//h~,~/o, /h~.followi", fHO.uiolU slurll M COIIIa;n<<l in 0/1 S/a/~ <:on/racls 0'
s.~n/racls.
During Ihe perronnance or Ihis conlract. the conlnlc:lot' acrees u follows:
(I) The conlraclor will noI discriminate apirlll any employee or applicant ror empIoyme,nt bccaUle vi
nice. creed. color. nalionll ori~n. $CX, marital statua, reli&ion, ancestry, mental or physical handicap, or
.... The contractor will take alTirmative action to iDsure that appIicanta are employed. and that employees
are lrealed durinl employment. without reprcl to the above mcntionecl c:haracteristica. Such action shaI1
include. bUI not he limiled 10 lhe followin~ employment. uPlf1ldin,. c1cmotion, or lransfer, recruitment or
recruilmenl :\dvenis;n!:: lay-ofTs or terminations; rates of pay or other forms cI compensalion; and selec-
tion rur Irainin!;. including apprenliceship. The conlractor aGfCCs 10 post in conspicuous places. Ivailable
10 employees and applicanlS for employment. notices to be proviclcd by the contractin& officer $Cuin, fonh
provisions fJlthis non-discriminalion clause.
(2) The ~~"'Iractor will. in all solicitations or advertisements for employees placed by ur on behalf or dlC
conlraclur. 51alc Ihat all qUllified applicants will receive consideration for employment wilhout reprd Iu
ra.:c. creed. color. nalional origin, sex, marital stalUS. religion, anceslry, mental ur ""ysicll
handicap. or ....
(3) The conlrlelOr will send to each labor union or representative ofwadtcn with which he has collective
bargaininJ aGfCCmenl or other contract or uncIcrstandin,. notice to be proviclcd by the contractin, olrlCCr.
advising lhe labor union or workers' representative fJI the contractor's commiumcnt under the Esecutive
Order. Equll Opponunily and Affirmative Action, datccl April 16.1975, and of the rulcs. re,ulalions. and
relevanl OrcIcrs of the Governor.
(4) The contractor and Ilbor unions will furnish all information and rcporlI required by E.ecutivc Order,
Equll Opportunily and Affirmative Action of April 16. 1975. and by the rules. rqulations and OrcIcrs fJI
thc Governor. or pursuant IherelO. and will pennil acee.. to his books, records, and accounll by Ihe con-
tractin, a[:Cncy and lhc oIIice of the Govcrnor or his desi_ for purposes of invcSliplion to ...enain
compliance with such rules. repalalions and orden.
(5) ^ lain' org.,niZllion will nol e.clude Iny individull olherwise qualified from full membership rillhts in
such labur orpnizalion. or expel any such individual from membership in such labor o'llani''''lion or dis-
criminlte aClinsl any or ill mcmbers in lhe full enjoymenl of work opportunilY, because fJI race. creed.
color. sex. o:1tional origin. or ancestry.
(6) A labur organi..alion. or lhe employees or members thereof will not aid. lbel, incite. compel or coerce
the doin, or Iny acl dcfincd in this contract to be discriminltory or obstruct or prevent any person from
complying with thc provisions or Ihis conlracl or any order issued thereunder; or auempl, either directly or
indirectly. 10 commil any Icl defined in this contract to be discriminatory.
395,53-01.1022
Revised II,X5
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