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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 -2- 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. -3- 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" --4- 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, -5- 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 -10- 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 -13- 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 ':~7"-"'.~, :,,:"~......~,-,;,,~~ " -- ", /' .' ". : ,'. ~'.~; r " ....;-.AC:_" ,', SPECIAL PBOVISIONS"--""! . , ~, _.- '~~.,__-w<- ~ ,~I:t't1r. .... ~:-;~.., ~-{ .. ~. CONTROLLI!:R'S APPROVAL .,. Y,'- "'*k''''''''''~ ~:"', '\1., ,., l ~:>ll" ,';', v - ~....' ~', ~ ,~,,~. ""q ~,. ", .." 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. to&ether 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 page -1_ of .u~.. pages