HomeMy WebLinkAboutResolution-1975-0390
INTRODUCED BY ALDERMAN
HOWARD
RESOLUTION NO. 390
Series of 1975
WHEREAS, the City of Wheat Ridge is eligible to receive
federal funds for improvement projects pursuant to the Federal Aid Urban
Street Systems Program under Title 23 United States Code; and
WHEREAS, the State of Colorado Department of Highways
administers the Federal Aid Urban Systems Program; and
WHEREAS, a Master Agreement is advantageious between the
State of Colorado and the City of Wheat Ridge concerning the super-
vision of competitive bidding, award of contract, and supervision of
construction of selected improvement Urban Systems Projects; and
WHEREAS, the State of Colorado has caused such an agreement
to be prepared to incorporate State and Federal requirements for
desired improvement projects to be utilized at the discretion of the
City for specified projects; and
WHEREAS, the City of Wheat Ridge has heretofore determined
that such agreement with the Colorado Division of Highways is in the
best interests of the City;
NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby
authorized and directed to execute four counterparts of said proposed
Agreement on behalf of the City of Wheat Ridge, Colorado, and to for-
ward such counterparts to the Colorado Department of Highways.
DONE AND RESOLVED this
by a vote of 5 to 0
8th
day of May, A.D. 1975,
,/ ~)
\""~:>"':( l ,/ /4::( , ':::.-L'/L( {
H!JMER L. ROESENER, 'MAYOR
ATTEST:
ELISE
Resolution 390
,
,
STATE DEPARTrlF.NT OF HIGH\vAYS
DIVISION OF HIGIJTI'lAYS - STATE OF COLORl\DO
MASTER AGHF.Et-lENT FOR PROJECTS ON THE
FEDERAL-AID URBAN SYSTEM
THIS AGREEMENT is made and entered into this
8th
day
of
May
, 19~, by and between, the STATE DEPARTMENT OF
HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, hereinafter
referred to as the "Division," and the CITY OF WHEAT RIDGE
STATE OF COLORADO, hereinafter referred to as the "Local Agency."
WITNESSETH: That
WHEREAS, the Congress of the United States has in the
Federal-Aid Highway Act of 1973 declared it to be in the national
interest for Federal Funds to be expended for the improvement of
certain streets on a systematic basis in accordance with an area-
wide plan within urban areas, such funds being hereinafter
referred to as Federal-Aid Urban System (FAUS) Funds; and
WHEREAS, pursuant to Title 23, United States Code, and the
regulations promulgated thereunder, FAUS Funds have been allocated
for the improvement of arterial and other principal streets which
are on the designated Urban System, and which are not on any other
Federal-Aid System, such program of improvements being hereinafter
referred to as the Urban Program; and
WHEREAS, under the Urban Program for improvement Projects,
FAUS Funds are to be matched by local jurisdictions on a prescribed
pro-rata basis in order to finance said Urban Projects at no cost
to the Division; and
WHEREAS, pursuant to Title 23, United States Code, routes
of the Urban System, as well as Urban Projects on the Urban System,
are to be selcc~ed by the appropriate local officials with the
concurrence of the Division, subject to approval of the Secretary
of the U. S. Department of Transportation; and, in urbanized
areas of population over 50,000, in accordance with the continuing
comprehensive cooperative transportation planning process; and
"
WHEREAS, the Division and Local Agency desire to make use
of such FAUS Funds as may be made available within the Jurls-
dictional boundaries of said Local Agency; and
WHEREAS, before Federal-Aid will be made available for
Projects under the Urban Program, the Division and the Local
Agency will enter into an agreement with respect to the design,
construction, and maintenance of said improvements as may be
financed in part with FAUS Funds.
NOW, THEREFORE, in consideration of the above, and the
mutual covenants set forth hereinafter, the Division and the
Local Agency do hereby covenant and agree as follows:
ARTICLE I
GENERAL
A. This Agreement is executed by the Division under
authori ty of Chapter 43, Article 1, Section 106,
and Chapter 43, Article 2, Section 144, CRS 1973
as ar.1ended.
B. This Agreement is executed by the Local Agency
pursuant to an applicable ordinance or resolution
duly passed and adopted by the Local Agency, a
copy of which is attached hereto and made a part
hereof by reference as Exhibit "A."
C. This Agreement embodies the general provisions
of all agreements for Projects to be undertaken
by the Division and the Local Agency under the
Urban Program. Special provisions and details
as to the division of responsibilities for each
separate Urban Project are to be set forth in
subse':'..J.ent individual Project Agreements, w~ich
shall be supplemental to this Agreement. Such
Project Agreements, when adopted by ordinance or
resolution of the Local Agency and executed by
[2J
"
the Division, shall become a part of this Agree-
ment as though fully set forth herein. The
Local Agency's ordinance or resolution to join
the Division in the Project Agreement shall also
make provision for the required matching funds.
ARl.'ICLE II
IMPLEMENTATION
The Local Agency, through its duly authorized officers or
officials will advise the Division by letter of each proposed
Urban Project, and request the Division to initiate proceedings
to program the required FAUS Funds, indicating the Federal Funds
requested and the matching funds to be provided by the Local
Agency. The request and subsequent Project shall be subject to
all of the terms and conditions of this Agreement unless speci-
fically modified or amended by supplemental written agreement
between the Division and the Local Agency.
In implementing the Urban Program within its jurisdiction,
the Local Agency will conform to all applicable Federal la\vs
and the regulations pursuant thereto as promulgated by the
Federal Highway Administration (FHWA) under its Directives System.
Such program directives, formerly issued as Policy and Procedure
Memoranda (PPMs) and Instructional Memoranda (IHs) are currently
being incorporated into the Federal-Aid Highway Program Manual.
In addition, the Local Agency will comply with all applicable
Colorado Statutes, the Colorado Action Plan, and Division
regulations and procedures relating to the Urban Program.
If the Division determines that the Local Agency has violated
or failed to comply with said Federal or State laws or regulations
in the design, construction, and/or maintenance with respect to
an Urban Project, the Division may withhold payment to the Local
Agency of Federal Funds on account of such Project, withhold
approval of further Urban Projects within the jurisdiction of
the Local Agency, and take such other action that the Division
[3J
deems appropriate under the circumstances, until compliance or
remedial action has been accomplished by the Local Agency to
the satisfaction of the Division.
If the Local Agency intends to apply for Federal-Aid Funds
for only a portion of an Urban Project and undertakes to per-
form another portion with its own funds, it shall nevertheless
comply with all Federal statutes and regulations on all portions
of the Project.
A. CONSTRUCTION PROJECTS
1. FAUS Funds shall be limited to the applicable
Federal-Aid matching percentage participation
in the construction costs and engineering
incident to design, inspection, and super-
vision of the actual construction work.
2. Unless otherwise specified in the Project
Agreement, Urban Projects shall be constructed
by contract in accordance with regular
Division procedures. Such procedures include
but are not limited to the requirement of:
a. the use of the Division's Design
Manual and Standard Specifications.
b. Division approval of plans, special
provisions, and estimated costs
prior to advertisement.
c. a certification by the Local Agency
with respect to the right of way.
d. advertisement for a minimum of 3
weeks prior to bid opening.
e. prior Division concurrence in the
award and acceptance of the con-
tract.
The contract shall be awarded by the Local
Agency, or by the Division, to the extent
[4 ]
that said Division may legally do so, as
may be determined between the parties prior
to each project advertisement. Such
contracts may also include items of work
not eligible for Federal participation, but
which are considered necessary to complete
the project.
3. Work necessary to complete the improvement,
to be financed entirely by the Local Agency,
or other utility or facility owner, unless
determined to be eligible for Federal parti-
cipation, includes, but is not limited to,
the following items:
a. Storm sewer mains necessary for the
surface water drainage.
b. Surfacing of private driveways.
c. New installations of or alterations of
sanitary sewers and connections, water,
gas, electric, telephone, telegraph,
fire or police alarm facilities, park-
ing meters, and similar utilities.
d. Right of way for the improvement with
certification that said right of way
has been acquired.
e. Legally compensable damages to abutting
property due to change in street or
sidewalk widths, grades, or drainage.
f. Conditioning, if required, and main-
tenance of detour routes.
4. When justified to be in the public interest,
pursuant to the provisions of PPM 21-6.3,
work items which can be readily and econo-
mically accomplished by Local Agency forces
in a manner satisfactory to the Division
[5]
and FHWA may be considered eligible for
Federal participation.
5. When an Urban Project includes work to be
performed by a railroad, the contract for
such work shall be entered into by the
Local Agency or by the Division, to the
extent that said Division may legally do
so, as parties hereafter may agree. A
contract entered into by Local Agency for
such work must have prior approval of the
Division. In either event, the Local
Agency will enter into an agreement with
the railroad providing for the maintenance
of the protective devices or other
facilities installed under such Urban
Project.
6. The Division will exerClse general super-
vision over Urban Projects and may assume
full and direct control over the contract,
to the extent that it may legally do so,
whenever the Division, at its sole discre-
tion, shall determine that its responsi-
bility to the United States Government so
requires. Local Agency contracts shall so
stipulate.
7. The Local Agency will keep records of costs
of construction, inspection, and tests done
by it as will enable the Division to report,
u:Jn request of the FHWA, the amount anu
nature of the expenditures for these pur-
poses; the accounts and records of such
expenditures, together with all supporting
documents, will be kept open at all rea-
sonable times to inspection by ~uthorized
[61
. ,
representatives of the Division, and for
a period of three years following com-
pletion of construction. Upon completion
of construction, a final audit will be
made by the Division to determine the
final division of costs for the project.
8. Contract and Force Account (General Pro-
cedures), FHWA PPM 21-6.3 is incorporated
herein by reference the same as if attached
hereto.
B. RIGHT OF WAY PROJECTS
1. No contract for the construction of an Urban
Project shall be awarded until the nec-
essary rights of way have been secured.
Prior to the advertising of a project on a
local street, the Local Agency will certify
and upon request will furnish the Division
with evidence that necessary rights of way
are available for construction purposes or
will be available by the time of contract
award, and that such rights of way were
acquired in accordance with Division and
FHWA procedures, see Paragraph 4 below.
2. The Local Agency agrees to hold the Division
harmless from any liability which may re-
sult in the event the right of way is not
clear as certified. The furnishing of right
of way as provided for herein includes, in
a~3ition to all real property required ior
the improvement, free and clear of obstructions
and encumbrances, the payment of damages to
real property not actually taken but injuriously
affected by the proposed improvement. The
[7 )
Local Agency will pay from its funds any
costs which arise out of delays to the
contractor because utility facilities
have not been removed or relocated, or
because rights of way have not been made
available to the contractor for the
orderly prosecution of the work.
3. Subject to Division approval and such
supervision over the Local Agency's right
of way acquisition procedures as the
Division may determine is necessary,
the Local Agency may claim reimbursement
from Federal Funds for expenditures to
purchase rights of way included in an
approved program.
4. Whether or not Federal-Aid is to be re-
quested for the purchase of rights of
way, should the Local Agency, in acquir-
ing rights of way for an Urban Project,
displace an individual, family, business,
farm operation, or nonprofit organization,
whether owner or tenant, it will place In
operation a Relocation Assistance and
Payments Program as required by the Federal
Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970;
Chapter 29, Article 4, CRS 1973, as
amended; and, Uniform Relocation Assistance
:<uJ. Real Porpe~ 'c:y Acquisition Regula tiOllS
promulgated by the State of Colorado,
Department of Local Affairs. Regulations,
procedures, and instructions for conducting
such a Relocation Program are available
through the Division.
[8]
5. In the event agreement cannot be reached to
acquire necessary rights of way for an
Urban Project, the Local Agency shall in-
stitute eminent domain proceedings on its
own behalf to acquire such right of way.
The Local Agency may request the Division
to join in such eminent domain proceedings
as a party petitioner and the Division at
its sole option may join if it deems that
it can do so legally.
6. As may be agreed upon between the parties
hereto, it may be specified in the Project
Agreement that the Division, to the extent
it may legally do so, will accomplish the
right of way acquisition, rather than the
Local Agency.
7. The Local Agency agrees that the right of
way and access control available and/or
provided for Urban Projects shall be held
and maintained inviolate for public highway
or street purposes; that signs prohibited
under Federal-Aid highway regulations,
posters, billboards, roadside stands, or
other private installations prohibited by
Federal and State highway regulations shall
not be permitted within the right of way
limits of Urban Projects; that the Local
Agency, within its jurisdictional limits,
\'::.~l remove or cause to be removed from the
rights of way of the projects all private
installations of whatever nature which may
be or cause an obstruction or interfere
with the free flow of traffic, or which may
[9 ]
be or cause a hazard to traffic, or which
may vitiate or impair the usefulness of
the project; and that all other encroach-
ments which may be required to be removed
by the Division at its own election sh"ll
be removed, and that no such private in-
stallations shall be permitted to be
erected or maintained in the future.
c. DESIGN PROJECTS
1. For Urban Projects which are requested to
be programmed for Design only in the then-
current Fiscal Year allocation, the Local
Agency understands and hereby agrees to
the following:
a. The Design for an Urban Project
shall consist of 3 phases, sub-
ject to 3 separate and distinct
approvals. The 3 phases are:
(1) Location and Preliminary
Engineering, consisting
of 40% of total Design
funds;
(2) Actual Geometric and
Structare Design and
Right of Way Engineering,
40% of funds; and
(3) Final Design, to a com-
plete set of Plans, Speci-
fications, and Estimates
suitable for construction,
20% of funds.
b. All 3 of the design phases may be pro-
grammed and funds obligated at the in-
ception of a project; however, work
[10 ]
on the second and third phase shall
proceed only after Location and/or
Design approval respectively. If,
upon subsequent audit, certain work
items are found to pre-date such ap-
proval, said work items may be ruled
inelegible for Federal participation.
2. The Division will cooperate with and advise the
Local Agency during the above mentioned phases
of Design Engineering. The cost of any surveys,
plans, and preconstruction engineering under-
taken by the Division, other than Administra-
tive expense, shall be charged to the project.
3. It is understood that, upon completion of the
plans, specifications, and estimates by the
Local Agency, and prior to advertising for
construction, the project shall be subject
to further agreement between the Local
Agency and the Division with respect to the
detail of design, approval of plans, and
certain requirements to satisfy the pro-
visions of the Federal-Aid Highway Act and
regulations issued pursuant thereto.
4. The parties hereto may agree and specify
in the Project Agreement, that the
Division, rather than the Local Agency,
will perform all or any portion of the
design work necessary to produce a com-
~:ete set of construction plans, speci-
fications, and estimates.
5. The Local Agency may enter into a con-
tract with a consultant to do all or any
portion of the proposed design work;
[11]
provided, however, that when FAUS Funds
are to participate In the cost of work
done by a consultant, the agreement or
contract with the consultant may not be
executed or awarded until the selection
of the consultant and the terms of the
agreement or contract shall have been
approved by the Division. Such agree-
ment or contract shall include a pro-
vision that the work and records of the
consultant are subject to inspection at
all reasonable times by authorized re-
presentatives of the Local Agency or the
Division and that the agreement or con-
tract may be terminated by the Local
Agency upon a finding that the consultant
is failing to live up to the terms of
the agreement or contract. All major
changes in the agreement or contract must
have prior approval of the Division. As
soon as agreement or contract with con-
sultant has been awarded, 3 certified
copies of said agreement or contract shall
be submitted to the Division.
D. OTHER PROJECTS
1. The Local Agency may initiate Urban Projects
under which Traffic Control Devices are in-
volved, either as a portion of other work to
~~ accomplished, or strictly as a Traffic
Control Device Project. Various stages of
such work may be programmed, such as Traffic
Studies, Design of Proposed Facility, or
actual Construction of New Signal Installations
[l2}
and/or Modification of Existing Systems.
In any case involving such Devices, the
provisions of this Paragraph shall apply.
2. The Local Agency hereby agrees that all
signs and traffic control devices and other
protective structures erected on or in
connection with an Urban Project, including
such of these as are installed at the sole
cost and expense of the Local Agency or by
others, shall be in conformity with the
Manual on Uniform Traffic Control Devices
for Streets and Highways.
3. The Local Agency will make no changes in
traffic control devices or measures which
might adversely affect the safety and
efficiency of traffic movement on the com-
pleted project without prior concurrence
of the Division.
4. Signal Warrants shall be required for all
new signal installations and modifications
to existing signals if Federal participation
lS requested for such installation or modi-
fication.
5. As agreed upon between the parties hereto,
Project Agreements may specify that the
Division, rather than the Local Agency, may
undertake all or any portion of the above
mentioned Traffic Studies, Preparation of
S~gnal Warrants, Design of Systems, or
Construction of Devices.
[13]
. .
ARTICLE III
MAINTENANCE
A. The Local Agency hereby agrees that upon acceptance
by the awarding authority of a completed Urban
Project or upon the Contractor being relieved of
th~ responsibility for maintaining and protecting
a portion of the work, the Local Agency will main-
tain, at its own cost and expense, all portions
of the Urban Project that lie within its juris-
diction for such maintenance, in a manner satis-
factory to the authorized representatives of the
Division. Such maintenance shall include, but
not be limited to:
1. The physical condition of the facility.
2. The operation of the facility.
3. Traffic regulations or ordinances
necessary for the proper operation
of the facility.
B. The Local Agency hereby agrees to make ample pro-
vision for such maintenance and operations each
year, not only through adequate funding, but also
through establishing and maintaining a traffic
engineering unit consisting of an adequate and
well trained staff of traffic engineers and
technicians, or such other arrangements as will
guarantee the proper maintenance and operation
of the improvements installed under the Urban
Program.
ARTICLE IV
FISCAL PROVISIONS
A. The total cost of all Federal-Aid Urban Projects
under this Agreement, the amounts of Federal-Aid
programmed, and the matching amounts agreed upon,
[14]
may be adjusted by mutual consent of the parties
hereto to provide an offset of projects which
overrun the estimated cost against those pro-
jects which underrun the estimated amount; pro-
vided, however, that the total cost of all such
Urban Projects, after adjustments, shall not
exceed the total current Fiscal Year Federal-Aid
Urban System apportionment. In the event that
actual costs of the Urban Program on the designated
Urban System underrun such estimated amount, the
actual costs shall be borne by the Local Agency
and the FHWA on a pro-rata basis at the same per-
centages as originally programmed. In the event
that actual costs exceed the estimated amount,
Supplemental Agreements may be executed on a
project-to-project basis, provided additional
Federal Funds are available.
B. When the Division superVlses the Local Agency's
activities in the award and administration of an
Urban Project construction contract, all costs
incurred by the Division in connection with such
award and administration shall be charged to that
specific Project.
c. When an Urban Project construction contract is to
be awarded by the Local Agency, upon submittal by
the Local Agency of acceptable documentation of
expenditures for programmed and approved Urban
improvements, the Division may advance to the
Local Agency an amount equal to the legal pro-rata
Federal-Aid share of the costs believed to be
eligible for participation. Such funds shall be
advanced from State Highway Supplementary Fund
(2001), provided the necessary monies are available
from that fund, and the Division will bill the
[15]
FHWA for subsequent reimbursement. Ten percent
or such other percentage of the total amount due
as the Division may determine is necessary to
protect the Division's interest will be withheld
until the completion of such audits as may be
required by the Division and the FmvA. Any over-
payment of amounts due shall be returned to the
Division upon demand.
D. For Urban Projects other than for construction,
financial responsibilities and arrangements shall
be as agreed upon and specified in the Project
Agreement. It is understood and agreed, however,
that with respect to projects for which pre-
liminary engineering and/or right of way is funded
without Federal participation, subsequent phases
of the project shall be eligible for Federal fund-
ing only if the nonparticipating work is done
in conformance with the regulations.
E. The Local Agency will use "nonfederal" funds to
finance the local share of eligible costs and
expenditures ruled ineligible for financing with
Federal-Aid Funds. The Division will make the
preliminary determination of eligibility for
Federal-Aid; however, ultimate determination
shall rest with the FHWA.
F. For all Urban Projects other than those covered
by Paragraph C., above, all bills for costs
incurred, whether by the Local Agency or by the
Divi~ton, shall bE submitted through the
Division's District Engineer as specified In
ARTICLE V, Paragraph C., to the Division's
Accounting Office for payment. Such costs shall
be analyzed and coded by project and purpose,
[16]
and whether participating or nonparticipating,
according to the Division's accounting procedures.
Detailed Cost Distribution Data may be made
available periodically as the parties hereto may
agree. Upon completion of a Project, the Local
Agency will be billed for its matching share of
the total cost of said Project.
G. Should the Local Agency fail to pay monies due
the Division within 30 days of demand or within
such other period as may be agreed between the
parties hereto, the Local Agency agrees that at
the request of the Division, the State Controller
may withhold an equal amount from future apportion-
ments due the Local Agency from the Highway Users
Tax Fund.
H. Auditors of the Division and the FHWA shall be
given access to Local Agency's books and records
and shall be given such assistance and information
as is requested for the purpose of checking costs
paid or to be paid by the FHWA through the Division
as agreed upon hereunder.
I. When the Division, pursuant to the terms of this
Agreement or of a Project Agreement undertakes to
perform any work of any nature for the purposes of
carrying out the intent of this Agreement, or a
Project Agreement, the Division shall be reimbursed
by the Local Agency for any monies advanced to the
Local Agency or for any expenditure incurred by
the Division in assisting the Local Agency. The
reimbursement of any such expenditures shall be
made as provided for in the Project Agreement.
[17]
J. In the event that the FillvA does not approve any
Project or any portion thereof for Federal
participation or reimbursement, the Local Agency
shall still be obligated to the Division for any
expenditures made by the Division or advanced
by the Division to the Local Agency in conjunction
with any Project.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. NONDISCRIMINATION. In connection with the perfor-
mance of all work under this Agreement, the
parties agree not to discriminate against any
employee, or applicant for employment, because of
race, religion, color, sex, or national origin.
This provision shall be in compliance with the
Governor's Executive Order on Equal Opportunity
and the pertinent sections of the Federal Non-
discrimination Requirements for work financed under
Federal-Aid Funds, a copy of which is attached
hereto as Exhibit "Cu. Any agreement or service
contract entered into by the Local Agency for the
performance of work connected with This Agreement
or subsequent Project Agreements shall incorporate
'a copy of Exhibi t "c" as a part thereof.
B. PUBLIC RELATIONS. Unless otherwise provided for
under a Project Agreement, the Local Agency will
assume general responsibility for all public In-
formation and public relations for the Urban
Program, and to make fitting announcements to the
press and such other outlets as would generally
alert the affected property owners and the
community of the nature, extent, and timing of a
given project and arrangements for handling traffic
within and around said projeLt.
[18]
C. LIAISON AND COORDINATION. The Division will pro-
vide liaison with the Local Agency through the
Division's District Engineer, District VI, located
at 2000 South Holly Street, Denver, 80222.
Said District Engineer will also be responsible for
coordinating the Division's activities under this
Agreement.
D. LIABILITY
1. Neither the Division nor any officer or
employee thereof will be responsible for any
damage or liability occurring by reason of
anything done or omitted to be done by the
Local Agency under or in connection with
any work, authority, or jurisdiction
delegated to the Local Agency under this
Agreement. It is also understood and
agreed that the Local Agency, to the ex-
tent that it may legally do so, will use
all reasonable means to protect the
Division from any liability imposed for
injury occurring by reason of anything
done or omitted to be done by the Local
Agency under or In connection with any
work, authority, or jurisdiction dele-
gated to the Local Agency under this
Agreement.
2. Neither the Local Agency nor any officer
0- employee thc~eof, will b? responsible
for any damage or liability occurring by
reason of anything done or omitted to
be done by the Division under or in
[19 ]
connection with any work, authority, or
jurisdiction not delegated to the Local
Agency under this Agreement. It is also
understood and agreed that the Division,
to the extent that it may legally do so,
will use all reasonable means to protect
the Local Agency from any liability im-
posed for injury occurring by reason of
anything done or omitted to be done by
the Division under or in connection with
any work, authority, or jurisdiction
not delegated to the Local Agency under
this Agreement.
E. CONFLICTING PROVISIONS. Should there by any con-
flict between the provisions of any given Project
Agreement and the provisions of this Agreement,
those of the Project Agreement shall prevail.
F. SUCCESSORS AND ASSIGNS. All of the covenants and
provisions hereof shall inure to the benefit of
and be binding upon the parties, their successors
and assigns.
G. VALIDATION. This Agreement 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.
ARTICLE VI
TER~INATION
A. The parties expressly understand and agree that
this Agreement contemplates a series of Urban
Projects under the Urban Program, each Project
calling for a separate and distinct Project
Agreelnent, plans, construction, and completion.
[20J
Each Project Agreement shall be contingent
upon all funds needed for the particular
Urban Project being made available from Federal
and Local Agency sources. Prior to commence-
ment of a glven Urban Project, should the FHWA
or Local Agency fail to provide necessary funds
as agreed upon herein, or under a particular
Project Agreement, said Project Agreement may
be terminated by either party without pre-
judice or liability to the other party. Under
the terms of this Agreement, the Local Agency
is financially obligated to complete any Urban
Project which it initiates, which must be
placed under construction within 5 years from
the date preliminary engineering is authorized
by the Division, unless extended by Supplemental
Agreement.
B. In the event the Local Agency fails to complete
any Urban Project which it initiates, and such
failure is caused by factors within the sole
control of the Local Agency, then the Local
Agency's obligation for such failure will be to
return to the Division any appropriation the
Local Agency has received for said project, and
to abide by the provisions of ARTICLE III, of
this Agreement, if applicable.
[21]
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
Chief Clerk
APPROVED:
ROBERT J. SCOTT
State Controller
By
ATTEST:
City Clerk, Elise Brougham
APPROVED AS TO FORM:
MAURICE F. FOX, City Attorney
City of Wheat Ridge, Colorado
STATE OF COLORADO
RICHARD D. LAI>1M
GOVERNOR
STATE DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
By
CHAS. E. SHUMATE
Executive Director
APPROVED AS TO FORM:
J. D. tIlACFARLl',NE
Attorney General
By~~)fJtJ4-d/
RICHARD W. PHILLIPS
Acting Chief Highway Counsel
Special ^ssistant Attorney
General
CITY OF WHEAT RIDGE
By
HOMER L. ROESENER, MAYOR
EX H I B IT II (I'
Nondiscrimination provisions:
During the performance of this contrac t, the Local Agency
for itself, its assignees and successors in interest (herein-
after referred to as the "Contractor"), agrees as follows:
A. Co~liance with Regulations. The Contractor
will comply with the Regulations of the
Department of Transporta.tion relative to non-
discrimination 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 him after
award and prior to completion of the contract
work, will not discriminate on the ground of
race, color, or national origin in the se-
lection and retention of Subcontractors, in-
cluding procurements of materials and leases
of equipment. The Contractor will not parti-
cipate either directly 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
Regulations.
C. solicitations for Subcontracts, Including
Procurements of Materials and Equipment. In
all solicitations either by competitive bidding
or negotiation made by the Contractor for
work to be performed under a subcontract, 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 Reports. The Contractor will
provide all information and reports required by
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
Reg~ldtions, 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 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.
EXHIBIT "C"
E. Sanctions for Noncoropli",nce. In the event of
the Contractor's noncompliance with the non-
discrimination provisions of this contract,
the Division shall impnse such contract
sanct:ions as it or the FHlvA may cteterrr,ine to
be appropriate, includins, 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 uhole
or in pal't.
F. Governor's Executive Order. The Contractor
WIll take all affirrnatlve 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, national
origin or ancestry.
G. Incorporation of Provisions. The Cont~actor
WIll include the provisions of Paragraphs A
through G in every subcontract, including pro-
curements 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
Division or the FHWA may direct as a mean.:; of
enforcing such provisions including sdnctions
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
Division to enter into such litigation to pro-
tect the interests of the State of Colorado and
the Division, and, in addition, the Contractor
may request FHWA to enter into such litigation
to protect the interests of the United States.
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