TC Res. No. 1980-126 9
RESOLUTION NO. 80-12
SERIES OF 1980
BE IT RESOLVED that the Mayor and Town Clerk
are authorized to execute Agreement with Department of Highways
for Project SOS0044131.
INTRODUCED, READ, AND ADOPTED THIS ~~jj
25-nk DAY OF
JULY, 1980.
TOWN OF AVON
v
A 1 . Al ayor
ATTEST:
Pat Doyle, To le k
j { ;i •
)S 0044(3)--NOTTINGHAM RD.,
)WN OF AVON
CONTRACT
ARTMENT OR AGENCY HUMBER
28 00 00
I TRACT ROUTING PLUMBER
THIS CONTRACT, made this day of 19 by and between the
State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS i
DIVISION OF HIGHWAYS
hereinafter referred to as the State, and the TOWN OF AVON, 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 2 0 01
G/L Account Number 52046 , Contract Encumbrance Number-E-0 18 5 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, pursuant to Section 135 of the Federal-aid Highway Act
of 1976 (Pub. L. 94-280), 23 U.S.C. Section 219, as amended, certain
Federal funds 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
Roads Program (SOS Program); and
WHEREAS, pursuant to the aforesaid laws and regulations, public
roads and streets not on any Federal-aid highway system ("Off System
Roads") are eligible to be improved under the SOS Program at no cost
to the State; and
WHEREAS, the Federal Highway Administration (FHWA) has issued
guidelines for implementation of the SOS Program in Volume 8, Chapter
2, Section 2 of the Federal Highway Program Manual (FHPM 8-2-2)
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 FHWA have :.n 1980 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 Highway Committee of Colorado Counties, Inc.
and the Colorado Municipal League has selected a SOS Program project,
identified as SOS 0044(3) for preliminary engineering and con-
structionawhich consists of guard railing, of Nottingham Road (Frontage
Rd) in the Town of Avon, CO within the Local Agency's juris-
diction, hereinafter referred to as the work; and
WHEREAS, Federa~-aid funds for this project are limited to
$ 50,024 or the normal prorata share, whichever dollar amount
is less; and
WHEREAS, the Local Agency has submitted initial design data
(D.O.H. Form 463-OS) to the State setting forth therein preliminary
details, information and estimates of costs of this project, which
data has been approved by the State; and
WHEREAS, the matching ratio for this Federal-aid project is
78.00% Federal-aid funds to 22.00% Local agency funds it being under-
stood that such ratio applies only to such costs as are eligible
for Federal participation, it being further understood that all
non-participating costs are borne by the Local Agency at 100%; and
WHEREAS, the Local Agency has estimated the total cost of said
work to be $ 64,133 and is prepared to match said Federal-aid
with its share in the amount of $ 14,109 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 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
WHEREAS, 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
WHEREAS, the Local Agency is adequately staffed and suitably
equipped to undertake and satisfactorily complete, in the public
interest, various portions of the work; and
WHEREAS, the Local Agency has certified to the State that such
work can be more advantageously performed by the Local Agency.
NOW, THEREFORE, it is hereby agreed that:
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TN
PROJECT PROVISIONS
1. The State will provide liaison with the Local
Agency through the State's District Engineer,
District 3 , located at P.O. Box 2107, 606 So.
9th St., Grand Junction, CO 81501. Said District
Engineer will also be responsible for coordinating
the State's Activities under this contract.
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GENERAL PROVISIONS'
•
A. The State will administer the SOS Program in
accordance with the SOS Plan and require from
the Local Agency only necessary plans, speci-
fications and estimates.
B. The Local Agency will arrange for preliminary
engineering, design services and preparation of
construction plans, special provisions and esti-
mates in accordance with the requirements of the
SOS Plan.
C. Construction plans will be prepared in accordance
with the requirements of the State's plan pre-
paration procedure.
D. The Local Agency will comply with-the applicable
provisions of the State's Action Plan and SOS Plan,
including all Federal directives contained therein
by reference, and will in addition take appropriate
actions relative to the following sections of the
Federal-Aid Highway Program Manual (FHPM):
1. FHPM, Volume 7, Chapter 7, Section 3,
Procedures for Abatement of Highway
Traffic Noise and Construction Noise.
2. FHPM, Volume 7, Chapter 7, Section 4,
Archaeological and Paleontological
Salvage.
3. FHPM, Volume 7, Chapter 7, Section 9,
Air Quality Guidelines.
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 and preparation of construction
plans; provided, however, that when 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 1, Chapter 7,
-4-
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 con-
tract with the consultant has been awarded, 3 certi-
fied copies of the contract shall be submitted to
the State.
F. The State will review said plans, special provisions
and estimates and make only those changes necessary
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 shall be considered
,h
- final when approved and accepted by the parties hereto.
The State will provide final assembly of construction
plans, special provisions and contract documents. In
the event all or part of the work is to be contracted,
the State will advertise the call for bids, and upon
concurrence by the Local Agency award the construction
contract(s) to the lowest responsible and qualified
bidder(s).
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 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..
-5-
H. The Stater ill be responsible for assuring that
the Local Agency has obtained proper clearnace or
approval from any utility company which may become
involved in this project, by separate agreement
between the Local Agency and the utility, 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
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
company involved for the purpose of:
1. Executing an agreement setting out what
work is to be accomplished and the
location(s) thereof, and that the costs
of the improvement shall be eligible for
Federal participation.
*2. Obtaining the Railroad's detailed
estimate of the cost of the work.
3. Establishing future maintenance res-
ponsibilities for the proposed in-
stallation.
4. Prescribing future use or dispositions
of the proposed improvements in the
event of abandonment or elimination of
the grade crossing.
5. Establishing future repair and/or re-
placement responsibilities in the event
of accidental destruction or damage to
the installation.
J. The Ote, or the Local-Agencyh approval from the
State, will be responsible for the supervision of the
construction of the project, with periodic inspections
by the FHWA. Supervision will include, but not be
limited to, field and office engineering, inspection
and materials testing, and traffic control through
the project area.
K. The Local Agency will provide and mark appropriate de-
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
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, 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
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 May 1, 1979
or subsequent revisions thereof. All force account
work shall have prior approval of the FHWA and shall
4-11 L
not be inJi•ted until the State has sued a
written n Lice to proceed. The Local Agency shall,
during all phases of the work, permit duly authorized
agents and employees of the State and the FHWA to
inspect the project and to inspect, review and audit
the project records.
M. The Local Agency shall maintain all books, documents;
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
project to verify that such improvements are being
adequately maintained.
0. The State will administer the Local Agency and
Federal-aid funds for this project in accordance
with the following provisions:
1. Costs incurred by the Local Agency
The Local Agency will prepare and submit
monthly charges for costs incurred re-
lative to the project. The Local Agency
will prepare project charges in ac-
cordance with the State's standard
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Micies and procedures. T& State will
reimburse the Local Agency for the
Federal-aid share of the project charges
following the State's review and approval
of such charges. Charges incurred by the
Local Agency prior to the date of FH14A
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
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 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 word: to be per-
formed under this contract and acceptance
thereof by the State, FHWA, and the Local
Agency, the State will submit a final
recapitulation of project costs to the
Local Agency and a final billing for the
balance due of its share of participating
costs plus all non-participating costs.
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, either as
-9-
•
press ibed in Section 43-4-209, C.R.S.
1973, as amended, for any city or in-
corporated town or for compliance with
Section 43-2-116,. C.R.S. 1973 as amended,
for any county. Interim funds, until the
State is reimbursed, shall be payable
from State Highway Supplementary 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 shall be charged to this
project.
P. It is understood and agreed by the parties hereto that
the total cost of the work stated hereinbef ore is the
best estimate available based on the design data as
approved at the time of execution of this contract,
and that such sum is subject to revisions 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 reimbursed to the State by the Local
Agency. Following award of the construction contract(s)
under paragraph F. 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 auth-
orized representatives, agrees to provide additional
funds if required to complete the.work under this pro
j ect 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 0. above.
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Q. The pies hereto agree that A contract is con-
tingent 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, 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
prior to the effective date of such termination or
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
completion 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
in perpetuity or until such time as the Local Agency
is, by law or otherwise, relieved of such responsi-
bility.
S. During the performance of all work under 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.
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.
IN j:ITi.:ESS WHE OF, the parties hereto have caused the fore-
gong contract to be executed the day and year first above
written.
ATT-ST:
Chief Clerk.
APPROVED :
DAN S. MHITTEMORE
State Controller
By
STATE OF COLORADO
RICHARD D. LA-?TMi
GOVERNOR
STATE DEPART TrIENT OF HIGHWAYS
JACK KINSTLINGER
EXECUTIVE DIRECTOR
DIVISION OF HIGM-7AYS
By
E. N. HAASE
Chief Engineer
APPROVED:
J. D. MACFARLMIE
Attorney General
By
TOWN AVON , . COLORADO
. U
Tit e
-12-
- LOCAL AGENCY
RESOLUTION OR ORDINANCE
TO BE ATTACHED
TO EXECUTORY COP/ES
a
i
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
comp y:wit t e-Regu ations of the Department of
Transportation relative to nondiscrimination in
Federally-assisted programs of-the Department of
Transportation (Title 49, Code of Federal-Regula-
tions, 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 dis-
criminate on the ground of race, color, sex, mental
of 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 employ-
ment practices when the contract covers a program
set forth in Appendix C of the Regulations.
C. Solicitations for Subcontracts, Including Procure-
ments o Materials an Equipment. In all solicita-
tions 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 pro-
vide al information and reports required by the
Regulations, or orders and instructions issued
pursuant thereto, and will permit access to its
books, records, accounts, other sources of informa-
tion, and its facilities as may be determined by
the State or the FHWA to be pertinent to ascertain
compliance with such Regulations, orders and in-
structions. 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.
E. Sanctions for Noncompliance. In the event of the
Uontractor s noncompliance with the non-discrimination
provisions of this contract, the State shall impose
such contract sanctions as it or the FHWA may deter-
mine to be appropriate, including, but not limited to:
(1) Withholding of payments to the Con-
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. 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 procure-
ment as the State 6r°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.
-2-
F Form 6-AC-02B
• SPECIAL PROVISIONS •
CONTROLLER'S APPROVAL ,
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
State, the contractor shall, before entering upon the performance of any such work included in this contract, duly
execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient
bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total
amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars'and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8-16-101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (2434-301, CRS
1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, flee foaowing provisions shwa be contained in all State contracts or sub-contracts
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
page f of 2 pages
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor maybe declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sub-contract and
sub-contractor purchase order unless exempted by rules, regulations; or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said 'laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part "shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences)
and 18-8401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such 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 described herein.
\IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day fast above writte
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
By
Contractor "EXECUTIVE DIRECTOR.
DEPARTMENT
Position OF
Social Security Number or Employer I
APPROVALS
ATTORNEY GENERAL (:ONTR ER
By
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