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HomeMy WebLinkAboutbocc.con.070.1977 , ;., _ ��=,::, . : y � i ' r4. -i: ;. .... . . . .' .�^-*-�c�-z a Y9.'. k. ... . ,.. .,.�.... .__ ..,._.., a __,.__. _.-...�..w:.:.L:w�,.:-_.w�s,._+.',_:..5...:..�..JT7.`� + � - : , . �`�,}', ` `;.i: • h'Yi'� ` ., SOS 0057(1)--PITKIN COUNTY OEPAR'IMFS17'ORACd�NCYNUMBER �r•r���t 5• � ROAD NO. 17 AT WOODY CREEK . z8 00 00 t,�;c,��!=,, :�t,, � . CpN'fRpCT ROtJi'(NG NUMBER � ' C�NTRACT t 70(77� 7AIS COC7IRAC!',made tLis day of 197 by aad betsrem the i SL1te of Caiorado for the ux aud benefit of '�F STAmF: DEPARTMENT OF HIGAWAYS� DIVISION OF HIGSWAYS i hercmafta iefined to u the SWte,and pITKIN COUNTY, COLORADO � 's , 6erei.ufta reter:ed to as the Local Agency or •as the contractor, WHEREAS.aut6ority exis� in the[aw and Funds have beea budgeted,apprnpriated aud otLeiwise made r avalabk and a snffieient unmcumbued balance ther�of remains av�abk fm paymmt in Fwed Numba 2001 i G/L Aecou�t Number 5204 6�Conuut Enc�brrnce Nnmber �8180 .� I � 1N�REAS,requrted approval.clearaneE and cooedination has been aceompiished from md with aQpmpriau � ageacia:and � • t ; wHEREAS, pursuant to Section 135 of the Federal-aid Highway Act j � � of 1976 (Yub. L. 94-280) , 23 U.S.C. Section 219, as amended, certain i i Federal £unds have been allocated for the improvement of public ; . roads and streets which are not on any Federal-aid highway. system, ; such program being hereinafter referred to as the Safer Off-System i t Roads Program (SOS Program) ; and j � WHEREAS, pursuant to the aforesaid laws and regulations, public : • { roads and streets not on any Federal-aid highway system ("Off System 4 ; . Roads") are eligihle to be improved under the SOS Program at no cost ? . � to the State; and 5 WHEREAS, the Federal Highway Administration (FHWA) has issued � i guidelines for implementation o£ the SOS Program in Volume 8, Chapter < 2, Section 2 of the Federal Hiqhway Proqram Manual (FHPM 8-2-2) :: j which encourages the maximum use of simplified procedures as may be appropriate for these type of projects; and • :; :; WHEREAS, in accordance with the guidelines presented in FHPM :� ' 8-2-2, the State and the FIiWA have on August 8, 1977 approved the > ; Safer Off-System Roads Plan, hereinafter referred to as the SOS � . � Plan, which is incorporated herein and made a part hereof by re- ference; and � WHEREAS, in accordance with the procedures established in the . ' SOS Plan, the Special Flighway Committee of Colorado Counties, Inc. and the Coiorado Municipal League has selected a SOS Program proj°ct, identified as SOS 0057(1) for construction of a bridge and ap- ? � prbaches on County Road 17 at Woody Creek _ within the Local Aqency's juris- diction, hereinafter refarred ta as the project; and ' , i „ ;� ___ _ �:�. "'�?>.�',,,, _ �_ v � _.. __ __ _. , ';iy = ;• ,,r-+ - � � ,. . . . ._....,,_ . . _.._ _ . . .., . _. . .._.._�..�: ,.�« . � .:.... . .... . : . .. s.�� } ,l,. ���r��i�::. ;�t;.`-:�; t.�-. iak''+ WHEREAS, Federal-aid funds for this pro7ect are limited to , $ 42,736 , or the normal prorata share, whichever dollar amount is less; and WHEREAS, the Local Agency has submitted initial design data A (D.O.H. Form 463-OS) to the State setting forth therein preliminary details, information and estimates of costs of this �roject,. which data has been approved by the State; and • z WHEREAS, the matching ratio for this Federal-aid project is � 74.008 Federal-aid funds to 26.00$ Local Agency funds it being under- � stood that such ratio applies only to such costs as are eliqible ( ;' for Federal participation, it being furthes understood that all , non-participating costs are borne by the Local Agency at 1008; and WHEREAS, the Local Agency has estimated the total cost of said work to be $ 57,751 and is prepared to match said Federal-aid with its share in the amount of $ 15,015 as evidenced by an appropriate ordinance or resolutiori duly passed and adopted by the i authorized representatives of the Local Agency, a copy of which is ! I - ' attached hereto and made a part hereof or by signature of the proper Local Agency officials; and ` ; �� . WHEREAS, said ordinance or resolution also establishes the auth- ority under which the Local Agency enters into this contract; and SVHEREAS, this contract is executed by the State under authority of Sections 43-1-102, 43-1-106, 43-2-101(4) (c) and 43-2-144, C.R.S. 1973, as amended; and WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this SOS Program project; and . WFiEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete, in the public interest, various portior.s of the work; and WHEREAS, the Local Agency has certified to the State that such � work can be more advantageously perfor,ned by the Local Agency. NOW, THEREFORE, it is hereby agreed that: PROJECT PROVISIONS � 1. The State will provide liaison with the Local Age.^.cy through the State's District Engineer, District 3 , located at P.O. Box 2107, 606 So. 9th St., Grand Jctn., Colorado 81501. Said i - -2- i �'� . , _ ' •-�°r�,: �:�;y r � .1'� � � _ <}w"; ' �ey:I F. �''.:, 1 �„, District F.ngineer will also be responsible for � coordinating the State's activities under t • I � this contract. I. � 3 � i �" i i i _ I � �' . . . . . . . . . � . j�.` �. . . I . . ... . � .' . . � . . �.; -�_. i- � �`_� . . � � � . � . - . � . . . . � - - . . . . .. . . � . . �.{ _: �. I GENERAL PROVISIONS � � _ i . � � � j.�-. � .. � A. ` The State will administer the SOS Program in i . . I ; � accordance with the SOS Plan and require from � i ! ', i � � the Local Agency only necessary plans, speci- ; . j fications and estimates. ± " , � ;.: - B. The Local Agency will arrange for preliminary ( ; engineering, design services and preparation of ( : " . � construction plans, special provisions and esti- � I ::; � mates in accordance with the requirements of the ; ' � SOS Plan. i � C. Construction plans wi12 be prepared in accordance � ! with the requirements af the State's plan pre- � ;';r paration procedure. , D. The Local Agency will comply with the applicable pro- � visions of the State's Action Plan and SOS plan, in- � cluding all Federal directives contained therein by ; ; I i zeference, an@ wi12 in addition take appropriate � ; -���� . . �� . .. . I . actions relative to the following sections of the ( � Federal-Aid Highway Proqram Manual (FHPM) : ' 1. FHPM, Volume 6, Chapter 7, Section 3, � Procedures for Abatement of Highway � Traffic Noise and Construction Noise. � l 2. FHPM, VoZume 7, Chapter 7, Section 4, � i Archaeological and Paleontological � Salvage. � , -3' f I � •_ _--_-----._. .. _------.. __._.. ` �...__ __ _._ ....... __. __._..___ _. _ ____. . _,,.:._. . __...... , � �__ .. . _ �-:= r t'`° - 'v�: L�� - _:.: ���� rC r S ,.. i'Hl ... ' ' � . , .,. . .,.. .. .... ,. . . ...:...._�.. - � _._ �. . ._ ... a_ . . e . ...,. . �r' y;�: , - '�.Y'�Q�.'': i . ^�� ' , . �.k{.`�..� � 3. FHPM, Volume 7, Chapter 7, Section 9, + Air Quality Guidelines. t E. The Local Agency may enter into a contract with a con- sultant to do all or any portion of the proposed pre- � liminary engineering; provided, however, that when � �:�j Federal-aid funds provided herein are to participate � in the cost of work done by a consultant, the contract � shall comply with the requirements of FHPM, Volume 6, � Chapter 1, Section 2, Subsection 2, Engagement of ` Consultants for F.ngineering Services. The contract I , i with the consultant shall be preceded by an acceptable i : proposal and may not be executed or awarded until the ! i 1 selection of the consultant and the terms of the con- . tract shall have been approved by the State and the ;; Federal Highway Administration (FHWA) . All changes yin the contract shall be by supplemental agreement a � and must have prior approval of the State and FHWA. _ ? As soon as the contract with the consultant has been . A - awarded, 3 certified copies of the contract shall be j submitted to the State. ? F. The Stata will review said plans, special provisions , and estimates and make only those changes necessary j � to assure compliance with State and FHWA require- � ments. The State will afford the Local Agency ample � opportunity to review the plans, special provisions � � and estimates, and said plans ahall be considered � � final when approved and accepted by the parties hereto. The State will provide final assembly of construction � � plana, special provisions and contract documenta. In i � the event all or part of the work is to be contracted, �. the State will advertise the call for bids, and upon � 4 . concurrence by the Local Agency award the construction € contract(s) to the lowest responaible and qualified bidder(s) . -4- � � . � , ; �I .._.:.. . _ :. _ _ . a�;:�;;,{�; _.. ..wW___._ ;�' � , ,;: , ;�'�iz;-�;�. .�r ._ . .. . .. �,�; • - . , , '. ::.:__ .,,:��.cY �' �:aa�,. . r��4.�x;. , �����, �: s +cn;, ��xt�� . �•t;•,x,it�:; ' �'F?,'::' G. The Local Agency will be responsible for acquiring any additional rights of way required for the com- pletion of the project, including any necessary „ temporary construction easements and/or easements for detour during construction. Prior to this , project being advertised Eor 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. H. 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 Aqency and the utiZity, if nec- ! essary. 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. I. In the event the project involves modification of i a railroad company's facilities at a railroad grade � crossing with the work being accomplished by rail- road company forces, the Local Agency shall make application to the Public Utilities Commission re- questing its order providing for the installation ' ; of the proposed improvements. The Local Agency �� shall also establish contact with the railroad i company. involved for the purpose of: � i 1. Executing an agzeement setting out what i i work is to be accomplished and the ' location(s) thereof, and that the costs ' of the improvement shall be eligible for Fe@era2 participation. � 2. Obtaining the railroad's detailed � ; estimate of the cost of the work. 3. Establishing future maintenance res- i i -5- JI I Y ,� j� � ....._......_........... .._... '� ��... . .................... . . .. . . , � -;�''_. _ , rs�+ ; . �-'.S;F�: � • ;�t�„� r'��� `r�?,: , ��;;<t�;.. , `�':":�:�; . i . ;�_ . ponsibilities for the proposed in- ; stallation. 4. Prescribing future use or dispositions 3j 3 of the proposed improvements in the % event of abandonment or elimination of � � the grade crossing. � 5. Establishing future repais and/or re- placement responsibilities in the event of accidental destruction or damage to ` � � the installation. � J. The State, or the Local Agency with approval from the I � State, wi].1 be responsible for the supervision of the construction of the project, with periodic inspections by the FHWA. Supervision shall include, hut not be I i limited to, field and office engineering, inspection � and materials testing, and tra£fic control through j � the project area. i , � ; K. The Local Agency will provide and mark appropriate de- ' r tours around the construction area to prevent any dis- turbances of the progress of the construction work due to traffic and also to protect the traveling ' public. L. In the event that all or part of the work is to be accomplished by force account rather than contract as specified in paragraph F hereinabove, the Local Agency � will insure that all work is accomplished in accordance � with the pertinent state specifications .as well as � . � �. FHPM, Volume 6, Chapter 4, Section 1, subsection 14, � Contract and Force Account. Work will normally be 1 . based upon estimated quantities and firm unit prices � � agreed to between the Local Aqency, the State and the � i FHWA in advanCe of the work, as provided for in FHPM, � ' Volume 6, Chapter 4, Section 1, subsection 6, para- � graph 12b. Such agreed unit prices shall constitute � a commitment as to the value of the work to be per- ! + formed. It may be agreed to participate in the work ; -6- I � 7 •� �, . _ , _ :._._._ _.._.._ �+ ;:..,., . . .:... : ..�. ,,� +� _ _ ; � � �:� - - -- --- � , �•. ' xrt��y�g�YI. "x'=�+'i.t: � �_:. . ,i�.'�"'.:. ' . :�}_�i,: � I 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 equip- ment will be the second shift rental rate per hour as established in the State's Construction Equipment Rental Rate Schedule dated July 1, 1977 � or subsequent revisions thereof. All force account i work shall have prior approval of the FHWA and shaZl • not be initiated until the State has issued a I � � written notice to proceed. The Local Agency shall, � i during all phases of the work, permit duly authorized i agents and employees of the State and the FHWA to ! inspect the project and to inspect, review and audit the project records. . M. The Local Agency shall maintain all books, documents, i papers, accounting records and other evidence per- taining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the ' date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. N. The Local Agency will maintain and operate the im- provements 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 streets and street fixtures. The State and FHWA will make periodic inspections of the i . -7- ' i ti � ,j _,_ .._..__ .........,.. . ., : , .. ,_. .. _ .__ ..._ .__ _ _ ___ ...._ , .i+...:,..�� . . . ._ _. __. . _ -- -� -- _�� - �.. _ ,_ <, _ {�` �. ., - ,��s;�..t`� - - ._,�.._..__....,_ ;;, y - a,�`�;: � . .i�y{"�.:;.� �; �,� � project to verify that such improvemen�ts are being i �; . adequately maintained. :a � :; O. The State will administer the Loca1 A_qency and '� ' 3 � Federal-aid funds for this project in accordance � ,j � '' with the following provisions: � ':� 1. Costs incurred b� the Local Agency - � The Local Aqency will prepare and submit ° � monthly charges foz costs incurred re- � � lative to the project. The Local Agency € . � � will prepare project charges in ac- $ _.� p cordance with the State's standard ; � t � policies and procedures. The State will � reimburse the Loca1 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 i authorization for the project will not be � charged to the project. 2. Costs incurred by the State ; The State will prepare monthly estimates of construction costs and/or other costs f i incurred by the State for work performed � relative to the project. The State will prepare said estimates in accordance with the State's standard policies and pro- cedures. As funds aze expended during � the course of the work, the State will � bill the Local Agency monthly for the Local Agency share o£ such expenditures. � Upon completion of the work to be per- . � formed under this contract and acceptance = � s. thereo£ by the State, FIiWA, and the Local Agency, the State wi11 submit a final recapitulation of project costs to the I�ocal Aqency and a final billing for the -9- . r �...,.. < .. _ _. _. ..__ _ .. .... ..:.. ..._: _ i-` ;'� .``'�'�,:';�!, Y �� . �.�;�:• �_ ;�� balance due of its share of participating � costs plus all non-participatinq costs. i Upon receipt of each bill from the State, ' the Local Agency will remit to the State the amount as billed. In the event the . Local Agency shall fail to make payments � to the State, as agreed, it hereby auth- , orizes the State Treasurer to withhold the amount of its outstanding obligation hereunder from the allocation due it from the Highway Users Tax Fund, as prescribed in Section 43-4-209, C.R.S. 1973, as � amended, for any city or incorporated town, i ; Interim funds, unti2 the State is reimbursed,. shall be payable from State Highway Supple- ' mentary Fund (2001) . Al1 funds expended by � the State for the performance of any work ; . under this contract or relative to the ad- . ministration of this coatract shall be aharged to this project. P. 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, an@ that such sum is subject to xevisions agreeable to the parties prior to bid and award. The 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. If the bid is rejected, costs incurred by the State in project de- velopment may not be eligible for participation by the ' FHWA and must be reimburse�3 to the State by the Local Agency in conformity with Section 43-2-116, C.R.S. 1973, as amended. Followinq award of the construction ; contract(s) under par.agraph F. above, no furth�r re- i I -9- i . I i � ..<....,. _....., ..._......_ __._ . r: _ � _ _ i � - r'�,..0.,tA i,�y ` � . . ',Yi ` sn,�'_.r - 1.��. " f�i;'�i",',+'r ' t•�.:j:`.y . s7i'"�. visions in design data or cost estimate shall be made � � � � ! except by agreement in writing between the parties. fi Sy indicating its concurrence in such award a.t 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 it no additional Federal- � � aid funds will be made available for the project. { The total amount o£ such additional required funds will be determined at the time of final billing as .� provided in paragraph N. above. Q. The parties hereto agree that this contract is con- 3 tingent upon all funds designated for the project i herein being made available from Federal and Local i Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as aqreed upon herein, this 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 i prYOr to the effective date of such termination ar { � which may occur as a result of such termination. ' R. The term of this contract, except for the provisions regarding maintenance, shall continue through the comp2etion and final acceptance of the project by the State, FHWA and Local Agency. The covenants � � with regard to maintenance of the improvements con- � structed under this contract shall remain in effect i in perpetuity or until such time as the Local Agency � f -- : is, by law or otherwise, relieved of such responsi- � bility. ; S. During the performance of all work vnder this con- • tract, 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. -10- P � � [� .._...:_.. ! �,<, _ .. ...: ,- . . _... ..._.._._ .., __, t:. i: r a t :':..� ,.. s=. . �� rc,.S�h; , � >� ��;�¢i� . ; .y,�.:��h'ni:3_rt . � � I Y Lii�K+i , � . . . � ' . . .y.. _ , .. .... ... .... . . _ .. . . . ....... . y, j' +J. � • ' T. The Special Provisions attached hereto are hereby made a part of this contract. U. This contract shall inure to the benefit of and be � binding upon the parties, their successors, and assigns. .��� e. _ • . . I . ; i � I. : � � � ,. _ _ � . :.. �,' , „ �' t, �' �i . I � _ i � : a I. : � , . ; , h ; - ' _ 1 � ; , � i '. . : i _ �"., �. �, i , i : I � , . � ,:4 , Yt , . _��_ . , � , _ _�_._....__._�.���.� _____ __ _ _. . �... . .�. :, __ _..- --. w.�._ �,.;.,'. _ � «.�n - , ^s,r� ::; t. � .,^B� ' _.., _._ _ .. _ ... .. . ,,.... � H �r r. �'�;' 's�'�'�::: �;��::: IN WITNESS WHEREOF, the parties hereto have caused the fore- going contract to be executed the day and year first above 7 written.. E a x � � STATE OF COLORADO � y RICHARD D. LAMM '� GOVERNOR � x ' ' � STATE DEPARTMENT OF HIGFiWAYS JACK KINSTLINGER � � EXECUTIVE DIRECTOR j �. ATTEST: DIVISION OF HIGHWAYS • � ,. . � . .. . - . . T . � By + Chief Clerk E. N. HAASE i; Chief Engineer � ' ; � 5 APPROVED: APPROVED: F • DAN S. WHITTEMORE J. D. MACFARLANE � State Controller Attorney General � � . � . By By t � _ ;f � � � �� � �����T��AfPTEST: PITKIN COUNTY, COLORADO � �r°• x :� � � � � �r f� , '`�?�TIFIId/� /, � ��.qr '�+��ytle: p,, Tit e ! '� , a�i:! �,T r G :`�� W. �� � i � � f l � � .,� � �a� t;s: . . . . � k� �,... '/,� /_ /" � � � , :'.. •• o - G��Y G-rJ. G w � � , . �. ,�,�. � �,� � � �,� � - � . 5'�. . . . `.' 4. . .1' . .. .y. f - . . . . . � - � � .. . . .. , . . . . . � . ' .. . � � � . . - � F. .. . . . . � � :�. . � . � ' . . � . - � i � . . . . . . . :. �. ' � -. � � _ �. � � � - . . a . . . . . . . . . ' .. ? . . . . . . . . . . . ;� . ' . . ..� . . � - . � - . . - � • . . � . � . . . n: � . � .� . .. � � - . . . �' . . .. � ' . . . . . . � . � �. . _ . . . . . . . . �'-_ . _ . ._ . . . '. .. . . . . � . . _ . � . .. . � � - . . . . .. , ' . . � � . I . � u � .. � . � . ��2� � � . ..�- . .. . . . . , . . _ � . y ' ' }, __. , ...... _..-....... _..,_.,.. _...... _.. _..._ _ __.. _ _..... . -I� .. . � � .. k�a..". __� � . �_ , �.3 ,`�� . � .�y:..�L.'__:,`�.:-iI' � � 'S X . � �rf'�^�[ . � . . . v;�4 . 1 � � " . . . . ' , i., j. V I . . . . . � �. ..... . - . f - �' � . . � . ... .i � . . . . � .. . . . .' , ' . � . . . . .. i . . � � � � �' . � . . � . . �� ��'� -.� ' . . � . � . � . � , . � . -� 1 ..�� ... i , . . � .. . � 1.. � . � , .. . .. ��"��. . . . . . . I'... . ' - . . ...��. LOCQL AGENCY : , RESOL U T/ON OR ORD/NQNCE � TO BE ATTACHED ; TD EXECUTORY COP/ES ; � � . . � � ; , . : � i � � ; � ; ,; ; _,, . , i _ : i , i , , i , ; � -----._ _.._.r_._ .__. _. _ .____..__._ _ -- ____ _ . ___ . _ ____ _ ___ ...._..... _ _. _w _ ! � � __ ---.- m __. �.. 'i , , ��� �y�" . G jr....�..i•r�`�- ' � �� �� r ; � � . '�s'"�•t.a,•�. .•�ii'�+ Nondiscrimination Provisions: ; � i During the performance of this contract, the Local Agency for itself, its assignees and successors in interest (herein- � after referred to as the "Contractor") , agrees as follows: � A. Compliance with Regulation5. The "Contractor i will comply wfth the Regulations of the . � Department of Transportation relative to non- ' ' discrimination in Federally-assisted programs i of the Department of Transportation (Title ; � 49, Code of Federal Regulations, Part 21, � hereina£ter referred to as the "Regulations") , which are herein incorporated by reference and made a part of this contract. 8. Nondiscrimination. The Contractor, with . regard to the work per£ormed by him after i award and prior to completion of the contract � : work, will not discriminate on the ground of � race, color, or national origin in the se- f lection and retention of Subcontractors, in- � cluding procurements of materials and leases � t of equipment. The Contractor will not parti- 1 cipate either d=rectly or indirectly in the ; discrimination prohibited by Section 21.5 � of the Regulations, including employment � practices when the contract covers a pro- gram set forth in Appendix C of the i Regulations. i . , C. Solicitations for Subcontracts, Including � Procuremenfs of Materials and E ui ment. In ` a solicitations either by competitive bidding ; ' or negotiation made by the Contractor for j work to be performed under a subcontract, in- • � cluding procurements of materials or equipment, � each potential Subcontractor or supplier shall be notified by the Contractor of the Con- ( tractors' obligations under this contract and ' � the Regulations relative to nondiscrimination � on the ground of race, color or national origin. � D. Information and Re orts. The Contractor will � provi'de aIl in ormation and reports required by j the Regulations, or orders and instructions �. issued pursuant thereto, and will permit access � � ' • to their books, records, accounts, other sources � of information, and their facilities as may be = determined by the Division or the FHWA to be � pertinent to ascertain compliance with such � Regulations, orders and instructions. Where any information required of the ContYactor is in the j exclusive possession of aaother who fails or ! , refuses to furnish this information, the Con- � tractor shall so certify to the Division, or , the FHWA as appropriate, and shall set forth ' what efforts have been made to obtain the � information. � j • i i . , . � ! f f I i . � i � . � � ; • � . _. � ____ ..,.,::_ _:..._ --....___ _ . ____ . _ __ 3 ;5i:+is __ .�_ x ,. ,a �:';.;':: °i y`�:,.';.,ir�'� . .:. _... .... . .. . . _ .. . . _. .. ��'�,. 3 �,;�. - ,��r _ �:�,. <::�:. E. Sanctions for Noncompliance_ In the event of . the ContractoY s noncompliance with the non- discrimination provisions of this contract, the Division shall impose such contract � . sanctions as it or the FHWA may determine to • � be appropriate, includiny, but not limited to: , � (1) Y7ithholding of payments to the Con- ' j • tractor under the contract until ., � - � the Contractor complies, and/or; • (2) Cancellation, termination or sus- • . pension of the contract, in whole . or in part. . F. Governor's Executive Order. The Contractor . wi t e a a irmative actions necessary and '; appropriate to implement, not only the letter but also the spirit of, the policy of equality of opportunity as enunciated in the Constitution and the laws of the State of Colorado and as construed by the courts to prevent discrimina- � • tion because of race, creed, color, sex, natiol�al i origin or ancestry. ' i G. Inco oration of Provisions. The Contractor ; wx include the provisions of Paragraphs A ' through G in every subcontract, including pro- curE.�ents o£ 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 Division or the FHWA may direct as a means of � • enforcing such provisions including sanctions � for noncompliance; provided, however, that, 1 in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or snpplier as a result of such I direction, the Contractor may request the Division to eater into such litigation to pro- - tect the interests of the State of Colorado and the Division, and, in addition, the Contractor _ � may request FFiWA to enter into such litigation to protect the interests of the United States. � �. ' i � . i . . . � . . . � - . . � � i i . 1 � � . . . . . . . . _. , I .. . _ _ . . . . . i i . . . . . ' � . I. . • , � � _- . � ... . . .. � . . . I �ZJ ; � .. . . . - � , I i I ' i ' . � I � � ................. ....... � ...._....._ .... ..... __ � '� _. _ . . . . . . . , . .... . ...'. ._ .. . ,��,:y. ^�� ' __ .- ` .'� - �r '�• � - - . _ __._�..._'-.__•__....__.�_,_...._.y._..y..,_.�_,..:�...,_.:.:��.,.u::.��,:� ��� Yj.cl 5:�. �. .. ..... . . . '" �_ ��i�: p . � ����,�R �. - Form6•AC-o26 SPECIALPROVISIONS ��'='�'j'�?�»> • CONTROLLER'SAPPROVAL 1.7Lis contract shall not be deemed valid untii it shall have been approved by the Controller of the State of Colorado or such assistnnt as he may designate.7'his provisian is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2.Financial obligations of the State payable aftcr the currcnt Csscal ywr are concingent upon funds for that purpose being appropriated,budgeted and otherwise made arrilable. D REQUIREMENT ' , tliis contract involves Hie payment af more than ten tliousand dollars for the conswction,erect' ,repair, maintenance, improvement of any building,road,bridge,viaduct,tunnel,excavation or other ic work for this State,the c ctor shall,before entering upon the performance of any such work inclu in this contract, duly execute nnd de to und fle with the ufficiat whose signature appears below f e State,a good and sufftcient bond to be app d by said official in a penal sum not less than one-ha the total amount payable � by the terms of this contrnct. band shall be d�ly exewted by a qualified c orrte surety,wnditioned for the � due and faithful performance uf th ntract,and in addition,shall pro' that if the controctor or his subcon- tractors fail to duly pay for any labor, 'Is,team hire,sustenanc rovisions,provender or other supplies used or consumed by such contwctor or his subcon tor in perfor of the work contracted to be done,the surety will pay the same in an amount nM exceeding th m spe' ed in the bond,together with interest at t6e rate of eight per cent per annum. Unless such bund,when so uired,is executed,delivered�nd filed,no claim in favor of the contrnctor arising under this contrac[shall dite , owed or paid. i MINIMUM WAGE � i 4. F�ccept as otherwise pro' by law,i:this contract provides for t yment of more than five thousand dollars and requires or involv e emp�oyment of laborers or mechanics in the co ction, alteration or repair of any building or other c work,(except highways,highway bridges,underpasses a ighway structures of all . kinds)within the phical limits of the State,the rate of wage for all Iaborers and mec 'a employed by the cont�actor or subcontmetor on the building or public work wvered by this contrrct shall b t less than the prevailin e af woges for work of a similar nature in the city,town,viltage or other civil subdivision e State in whic e building or oiher public work is loqted.Disputes respecting prevailing rrtes wiil be resolved es pr ' ed in -101,CRS 1973,as amended. i DISCRIM[NATION AND AFFIRMATIVE i+Cl'[ON . 5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, i as amended,and other applicable law respecting discrimination and unfair employment pr�tices(2434301,CRS ! j 1973,as amended),and as eequircd by Executive Order,Equal Opportuniry and Affirmative Action,dated April 16, � � 1975.Pursuant thereto,the following provisions shdl be contaned in a!!Stale contracts or subconrmcrs I � During the pedortnance of this contract,the contracror agrees as fdlows: ' (1) 7Le contractor will no[diuriminate against any employee or applicant for employment because of i race,creed,color,nationd origin,sex,marital status,reli�on,ancestry,mental oz physical handicap,or age. 7Le contractor will tnke affirmative action to insure that applicants are employed,and that employees are � treated during employment,without regard to the above menGoned charrc[erisAcs.Such action shall include, i but not be limited ro the folluwing: employment, upgrnding, demotion, or trrnsfer, recruitment or j recn�itment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection i � for treining, including apprenticeship. The contractor agrees to post in conspicuous places,a�•ailable to employees nnd applicants for employment,notices to be provided by the contracting officer setting forth ' � i pmvisians of this non-discrimination clause. � (2) The contrrctor w81,in all solicitations or advertisements for employees placed by ar on behalf of Ihe � contrac[or,state that all qualified applicants will receive consideration for employment without regard to , � race,crecd,color,national ori�n,sea,marital stalus,reliAon,ancestry,mental or physical handicap,or age. � i � (3) The contractor w�l send[o exh labor union or representative of workers with which he hu collective � � bargaining agreement or other contract or understanding,notice to be pmvided by the contrrcting officer, � advising the labor union or workers,representative of the contractoi s committment under the Executive � Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and imlevant Orders of the Govemoc � (4) The contrrctor and labor unions will fumish all information and reports required by Exuutive Order, j Equal Oppartunity and Aftrmative Action of April 16,1975,and by the rules,regulations and Orders of the , Govemor,or pursuant thereto,and will permit access to his books,records,and aceounts by the contracting agency and t6e ufGce of the Govemor or his designee for purposes of investigation to ascertain compliance with such n+les,regulations and orders. , (5) A labor organization will not exclude any individusl otherwise quali6ed from fult membeeship rights in such Inbor organization, or expel any such individual from membecship in such labor orgenization or discriminate against any of its members in the full enjoyment of wurk opportunity,because of cace,creed, color,sex,nationol origin,or ancestry. (6) A labor organizntion,or the employees or members thereof will not aid,abet,incite,compel or coese the doing of eny act defined in this contrrct to be diuriminatory or abshuct or prevent any person Gom complying with the provisions of this eonuac[or any order issued thereunder;or attemp4 either directty or j indirectly,to commit any act defined in this contrxt to be discriminarory. � page_of_pages ' -� • _ . k ;,; . L �,f . .�j1�'�.y . _._...__....^-_-�......,._..... � �i.��4�t��' Form 6•ACA2C ����,j�;.. • �=i�r. .'+n;+b;•.. ,' (7) In the event of the contractor s non-compliance with the non-diuriminntion clauses ot this contract or '''"`'` with any of such mles,regulatiuns,or orders,this contwct may be cancelled,terminated or suspended in , whole or in part and Ihe contrxror may be declared ineligble tor furtlier Stnte contracts in nccordance with procedures,authorized in Execufive Order,Equal Opportunity.nnd Affirnwtive Action of April 16,1975 nnd the nila,regulations,or orders promul�ted in accordance therewith,and such other sanctions as may be ' imposed and remediw az may be invoked as provided in Executive Otder,Equal Opportunity artd A�mtative Action nf April 16, 1975,or by mles,regulations,or arders promulgated in acco�dance therewith,or as otherwise provided by law. (8) The contractor wi(1 include the provisions of p�ragraphs(I)throu�(8j in every sub-contraci and sub-conVactor purchase order unlas exempted by rules,regutations,or ordets issued pucsuant to Executive Order,Fqual Oppodunity and Affirmetive Action of Apnl 16,1975,so that such provisions wili be binding upon each wbcon Vector or vendor.'!he contnctor will take such action with respect to any subconttacting . ' or pmchase order as the contracting egency may direct,as a means of enforcing such provisions,including ? sanctions Cor non-compliance;provided,however,thut in the event the contrrctor becomes involved in,or is I threatened with,litigation with the subcontrxtor or vendor as a result of such direction by the contracting � agency,the contractor may requcst the State o(Colorrdo to enter into such�itigation to protect the interest � of t6e State of Colorado. � COL NCE � - 6.Provisions of II-17-]01,&1 pre er bor are applicable[o tliis contrnct if ubl' ate are undertaken hereunder and are financed in wliole or in art y � � GENBRAL � 7.The laws of the State o(Colorado and rules and regulations iscued pursuant thereto shall be applied in ! the interpre[ation,execution and entorcement of ihis contract. Any provision of this contract whether or no[ I incorporated herein by reference wliicli proHdes for arbitration by any extra judicial body or person or which is � otherwise in contlict with said laws,rules nnd reguiations shali be coreidered null and void.Nothing contni�Q in � any provision incorporated herein by reference which purports to negate this or any other special provision in j whole or in part shall be rrtid or enforceable or available in any action at law whether by way of wmplaint, ; detenu or otherwise.Any provision rendered null and void by the operution of this provision will not invalidate ! the remainder ot this contrnct to the extent that the contract is capaSle of exewtion. � 8.The signatories hereto aver that they are familiar with 18-8-301,et seq.,(Bribery and Corrupt(n�luences) � and 18-8-401,et seq.,(Abuse of Pubiic Office),C,R.S. 1973,as amended,and thai no vinlateon of wch provisions is present. • 9.The signatories ever that to their knowledge,no state employee has any personal or beneficial interest : whatsoever in the service or property deuribed herein. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day first nbove writt . STATE OF COLORADO RICHARD D.LAMM,GOVERPiOR : - Contractor By �SEXECUTrvF DIREC70R. DEPARTMENT Position OF - � $ocial Securily Number or Empl��yer . APPROVALS � AITORNL'Y GHNERAL CONTR ER 1 BY � I I I Page whieh is the last of pages � i . i " � i � .. .. . . . . ... ._.. .. . . _ . . . . .. � . ; .._..___. ..._.__.__.. . .. . _... . .._...... . ':;�;s�.c;,": _ � �.�.. . � �:; t'.` � i r-. '" . .�YaME j - � . r`� Sf�f ��.�� . �+ � ... i� . . .. ,... : . . .::...., ,.�.., ,. � ...,... ' YS.. ....:... . ....�__ :�... .�. .::��... �..... .�... . : � .- ... ...,..... .._.. �-. . . . F '_ __ _�.�.._. __ . . '� �{�.. : ��F' L � .. . 'i tilC''. *INSTRUC'fIONS , � ;'�F � (1) lnsert oificial Department designation,e.g.,Administmtion,Locsl Affaics,etc.as appropriata t (2)Set forth company(ies)or individual(s)name(s)and addras(es). , � f (3) lc�sert a brief statement indicating reason for contract,e.g.,"The contractor having special knowledge, expertise and skill in diagnosing and testing diseases affecting cattle;and."Ux os ihany"Whereas's"as rcquired. - - It additional space is required continue to above words"NOW,THEREFORE;^and state"continued on page 2". On page 2,state"Whereas continued from page 1"if required. (4) Specify clearly the goods or services contracted for,the consideration moving from one party to the other, -- the time within which the contract is to be execufed,limitations on assignments,if any,and special pwvisions desircd, ' m required.Seek legat assistance when in doubt.Separrte each principal item and numberconsecutively using as meny pages as necessary. (5) If a delegee signs for ihe Exeeutive Director place the words"FOR 7'HE"before the word"EXECUTNE". Autogrophic,ns distinguished from stamped,signatures shonld,as a minimum,be affixod to the odginal,whicfi will be filed by the Division of Accounts and Control,and two counterparts,one of which sfiall be transnutted to the ,contractor.If therc is more thnn one contrrctor a copy so signed will be unt to each,thus rcquiring additional, autogcaphic signaturec. � .._ . � . . . . ,., . .. - . . � � .. . . . . �. -. i� . . . . . . .. . . . . . . . .. . . i . .. . .. . � ... . . . � . . . , � � . . - . - . .. . � .._. . � . �.i. . . . .. . . .. . . ., . . �. .. �. -.. , . . �.. . . . '.:.:. �.. .� . . .� _.. ... ,� . . . .. ��.. . . �.- � . . . � .. _ . . . . . . . . � i �. . �. . . . . � . . . . . . . . .. . ... � . �� '�_. . 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