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HomeMy WebLinkAboutResolution-1993-1369 RESOLUTION NO. 1369 Series of 1993 TITLE: A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF WHEAT RIDGE TO EXECUTE A SUPPLEMENTAL CONTRACT BY AND BETWEEN THE STATE OF COLORADO FOR THE BENEFIT OF THE DEPARTMENT OF TRANSPORTATION, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE CONSTRUCTION OF THE REALIGNMENT OF FIELD STREET AT WEST 44TH AVENUE THROUGH USE OF FEDERAL HAZARD ELIMINATION FUNDS. WHEREAS, The City of Wheat Ridge, Colorado, and the state of Colorado for the benefit of the Department of Transportation, desire to clarify their respective rights and obligations concerning use of Federal Hazard Elimination Funds for the construction of the reloca- tion of Field street at West 44th Avenue (project); and WHEREAS, the parties have negotiated and heretofore entered into a contract dated September 29, 1992, for preliminary engineering for the project; and WHEREAS, Additional Federal Hazard Elimination funds have been made available for the construction of the project; and WHEREAS, The parties herein desire to amend the Contract dated September 29, 1992 with respect to the funding and its distribu- tion; NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Wheat Ridge that the Mayor of the city of Wheat Ridge is hereby authorized to execute the Supplemental Contract by and between the City of Wheat Ridge and the State of Colorado regarding the par- ties' respective rights and duties concerning this project. The City specifically acknowledges the following: 1. The City acknowledges that it is responsible for payment of the Local Agency participating funds ($13,629.00), payment of 100% of non participating funds (10,671.00) and payment of 100% of indirect costs incurred by the local entity and/or the State (5,700.00) 4. The City thus acknowledges a total contribution of by the City of $30,000. The City also acknowledges responsibility for addi- tional costs as outlined on Paragraph B, Page 2 of the Supplemental Contract. DONE AND RESOLVED on this 11 th day of October 1993. 3 <.. iFiGE OF THE CllY CLERK WHEAT RIDGE. CO 80033 THIS IS A TRUE AND CORRECT COPY (EXACT) OF THE ORIGINAL DOCUMENT IN MYJU DY. DATE: {) r. - - (e:) In the event of the contractor s non-compliance wilh the non-discrimination clauses of this contract or with any of such rules. regularions. or orders. this contract may be canceled. terminated or suspended in ",hole or in part and the contractor may be 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 therewirh. and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order. Equal Opponunity and Affirmative Action of April 16. 1975. or by rules. regulations. or orders promulgated in accordance therewith, or as otherwise provided by law (h) The contractor will include [he provisions of paragraphs (a) through (h) in every sub~conlract and subcontractor purchase order unless exempted by rules. regulations. or orders issued pursuant to Executive Order. Equal Opportunity and Affirmative ~ction of April 16. 1975. so that such provisions will be binding upon each subcontractor or vendor The contractor will take such acrion with respect to any 5ub-contracting or purchase order 3S 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 resuh of such direction by the contracting agency. the contractor may reques.t the State of Colorado to enter into such litigation to protect the interest of the State of Colorado COLORADO LABOR PREFERENCE h When a construction contract for a public: project i:. to be aW;lided to a bidder. a resident bidder shalf be allowed a preference against a non-resident bidder from .\ ":!:.t:C or fnrci::.n cr,:;n;rv equal I~ !ht" preference ~iven 'l;'" require::! b\ the ,late or foreign country in which Ihe non-resident bidder is a resident. If it is determined by iht: ofliu:;- rOIH1n...it--k ;ot ~...\:.t;-tilll~ the t-iJ lh~l compll::!.nce ''',:!In ;11:~ ~1!h~ecl10n Of, m:)\' <.:albC denial of lederaf funds which would otherwise be available Of would otherwise be InCOnSiSlenr w;rh requiremenB of Federal law. this subsection shall be suspended. bUI only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102) 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 no! 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 refer~nce 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. defence. or otherwise. Any provisionn:ndered 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. At all times during the performance of this contraCt. tbe Contractor shan slrictJy adhere to all 'applicable federal and state laws. rules. and regulations that have been or may hereafter be: established. 9. The signatories aver that they are familiar with CRS 18-8-301. et. seq.. (Bribery and Corrupt Inlluence.) and CRS 18-8-401. et. .eq., (Abuse of Public Office). and that no violation of such provisions is prescnt. 10. The signatories aver that to their knowledge. no state employee has any personal or beneficial interesr whatsoever in the ~rvice or property described herein: WITNESS ""HEREOF. the parties hereto have executed this Contract on the day firs[ above wrineD. (Full Legal Name) STATE OF COLORADO ROY ROMER, GOVERNOR PO:iition (Tille) S~X131 Sc"uril~" Numbo:r or Federal I.D Number If Coryoratior!:) Au~st (Seal) By ('nr::wral':' 5t't'r<:lar)' -\PPROV ALS CONTROLLER By By Form 6-AC-02C Revi:o>cd 1193 39$-53-01-1030 P;,Jge --1...... which IS (he ta!'.t ot~ p3ges - - SPECIAL PROVISIONS CONTROLLER'S APPROV AL J This contract shall not be: deemed valid uneil 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 mone\l by the Stale. FUND AVAILABILITY 2. Financial obligations of the Slate of Colorado payable afler the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted. and otherwise made available. BOND REQUIREMENT 3. Jf this contract involves the payment of more {han fjfty 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 !O the State official who win sign the contract. 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 upon the faithful performance of lhe conuac[ and in addilion. shall provide that if the contractor or his subcontractors faj) to duly pay for any labor. materials. team hire. sustenance. provisions. provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to he done or fails to pa\' am' person wh(l supplies rental machinery IDols. or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum speCified in the bond. tog~ther with interest al the rate of eight per cent per annum. Unless such bond is executed. delivered and filed. no claim in favor of the contractor arising under such contract shall be audited. aJJowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accep(ed in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, tbe contractor shall indemnify. save. and hold harmless the State. its employees and agents. against any and aU claims. damages. liability and court awards including costs. expenses. and attorney fees incurred as a result of any act or omission by the contractor. or its employees. agents. subconuactors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of Ihe Colorado Antidiscrimination Act of 1957. as amended. and other applicable law respecting discrimination and unfair employment practiccs (eRS 24-34-4(2). and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 1975. Pursuanllh~r~lo. Ih~ follOWing provisions sholl b~ contain~d in all S,DU conlraCls or suJ1..cOnIrDclS. During tbe performance of Ibis contract. the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed. color, national origin. sex. marital status, religiOll. ancestry. mental or physical handicap. or age. 1be conb3Clor will take affirmative action to insun: that applicants ue employed, and that employees "'" treated during employment. without regard to lbe above mentioned characteristics. Such action shall include. but not be limited to the following: employment upgrading. demotion. or transfer. recruitment or recruitment advenisings; lay-<>ffs or terminations; rates of payor other forms of compensation; and selection for training. including apprenticeship. The contractor agrees to post in conspicuous places. available 10 employees and applicants for employmenl. notices to be provided by the contracting officer setting forth provisions of this non.discrimination clause. (b) The contractor will. in all solicitations or advenisements for employees placed by or on behaU of the contractor. state that all qualified applicants will receive consideration for employment whhout regard to race. creed. color. national origin. sex. marital status. religion. ancestry. mental orphysicaJ handicap. or age. (c) The contractor wiH send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. notice EO be provided by the contracting officer ad....ising the labor union or workers' representative ofthe contractor's commitment under the Executive Order~ Equal Opponuni(y and Affirmative Action. dated April 16. 1975. and of the rules. regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all Jnfonnation and reports required by Executive Order. Equal Opportunity and Affinnative Action of April 16. 1975. and by (he 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 ascenain compliance with such rules. regulations and orders. (e) A labor organization will not exclude any individual otherwise qU<llified from full membership rights in such labor organization. or expeJ any such individual from membership in such labor organization or discriminate against any of ils members in the full enjoyment of work opponuni(y because of race. creed. color. sex, national origin. or ancestry (f) A labor organization. or (he employees or members thereof will not aid. abet. incite. compel or coerce the doing of any act defined in this contract 10 be discriminatory or obstruct or prevent any person from compl)'"ing wirh Ihe provis.ions of Ihis contract or any order issued thereunder; or attempt. either directly or indirectly, to commit any act defined in lhis contract to be discriminatory Form 6-AC.02B Rnised 1/93 395-53.01-1022 p;.Jge -..L... of ~ pa,ges RESOLUTION NO. 1369 Series of 1993 TITLE: A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF WHEAT RIDGE TO EXECUTE A SUPPLEMENTAL CONTRACT BY AND BETWEEN THE STATE OF COLORADO FOR THE BENEFIT OF THE DEPARTMENT OF TRANSPORTATION, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE CONSTRUCTION OF THE REALIGNMENT OF FIELD STREET AT WEST 44TH AVENUE THROUGH USE OF FEDERAL HAZARD ELIMINATION FUNDS. WHEREAS, The City of Wheat Ridge, Colorado, and the State of Colorado for the benefit of the Department of Transportation, desire to clarify their respective rights and obligations concerning use of Federal Hazard Elimination Funds for the construction of the reloca- tion of Field Street at West 44th Avenue (project); and WHEREAS, the parties have negotiated and heretofore entered into a contract dated September 29, 1992, for preliminary engineering for the project; and WHEREAS, Additional Federal Hazard Elimination funds have been made available for the construction of the project; and WHEREAS, The parties herein desire to amend the Contract dated september 29, 1992 with respect to the funding and its distribu- tion; NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Wheat Ridge that the Mayor of the city of Wheat Ridge is hereby authorized to execute the supplemental Contract by and between the city of Wheat Ridge and the State of Colorado regarding the par- ties' respective rights and duties concerning this project. The City specifically acknowledges the following: 1. The city acknowledges that it is responsible for payment of the Local Agency participating funds ($13,629.00), payment of 100% of non participating funds (10,671.00) and payment of 100% of indirect costs incurred by the local entity and/or the State (5,700.00) 4. The city thus acknowledges a total contribution of by the City of $30,000. The city also acknowledges responsibility for addi- tional costs as outlined on Paragraph B, Page 2 of the Supplemental Contract. DONE AND RESOLVED on this 11th day of October 1993. ~---y 1 , R~)l.LJjn~~;, "J; ~/~ Mayor 3 Region 6 2000 SOUTH HOllY STREET Denver, Colorado 80222 SIA IE OF COLORADO ~ -- - HOS 0006(89) DEPARTMENT OF TRANSPORTATION - November 12, 1993 Mr. Bob Goebel Director of Public Works and City Engineer City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80034 Dear Mr. Goebel: Enclosed are is a fully executed copy of our contract with Wheat Ridge for project HOS 0006(89), 44th Avenue. Thank you for your cooperation and assistance in getting this contract processed. Sincerely, ATHER DUGAN Accountant III Nso/no Enclosure HOS 0006(89) 44th Avenue Region 6 CONTRACT THIS CONTRACT, made this 9;; day of ~ Vt/?,j~19 jJ , , by and between the State of Colorado for the use and benefit of lliE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the CITY OF WHEAT RIDGE, STATE OF COLORADO, hereinafter referred to as the Local Agency or as the Contractor, WHEREAS, authority exists in the law and funds have been budgeted, appropri- ated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function 3020, Object 2312 IP, Originating Unit 6047, Contract Encumbrance Number 93304 [00] D (Contract Encumbrance Amount $5,670.00); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to Title 23, United States Code and the regulations promulgated thereunder certain Federal funds have been and will in the future be, allocated for the elimination of hazards on any public road other than a highway on the Interstate System, hereinafter referred to as the program; and WHEREAS, pursuant to the aforesaid laws and regulations, routes on the urban system are eligible to be improved under the program at no cost to the State; and WHEREAS, the State and the Local Agency have heretofore entered into a master agreement for projects on the Federal-aid urban system, dated the 24th day of March 1975, hereinafter referred to as the master agreement which is incorporated herein and made a part hereof by reference, and; WHEREAS, the word "State" as used in this contract shall be synonymous with and interchangeable with the word "Division" as used in the master agreement, and; -1- WHEREAS, Federal-aid off-system funds have been made available for the hazard elimmation project, identIfied as HOS 0006(89) for prelimmary engmeering to provide for pavement markings on 44th Avenue in Wheat Ridge, Colorado, heremafter referred to as "the work", and WHEREAS, the Local Agency has submitted initIal deSign data (D.O.H. Form 463), dated April 16, 1993, to the State setting forth therein preliminary details, information and estimates of cost of this work, which data has been approved by the State; and WHEREAS, the matching ratio for this Federal-aid off-system project is 90% Federal-aid funds to 10% Local Agency funds, it being understood 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 the work and is prepared to provide its share of the cost as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local Agency enters into this contract; and WHEREAS, tllis contract is executed by the State under authority of Sections 43-1-102, et seq., 43-1-106,43-2-101(4) (c) and 43-2-144, c.R.S., as amended, WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this hazard elimination project; and WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete portions of the work; and WHEREAS, the State certifies that such work can be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: ARTICLE I PROJECT PROVISIONS A. The State will provide liaison Wlth the Local Agency through the State's Region Transportation Director, Region 6, located at 2000 South Holly Street, Denver, -2- Colorado '80222. Said Region Transportation Director wIll also be responsible for coordinahng the State's activities under this contract. B. The parties hereto agree to comply with all of the terms and conditions of the master agreement, unless in conflict with this contract, in which case the provisions of this contract shall apply. C. The matching ratio for this Federal-aid off-system project is 90% Federal-aid funds to 10% Local Agency funds, it being understood 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%. The perfor- mance of the work shall be at no cost to the State. If the total actual cost of performance of the work exceeds $8,240.00, and additional Federal funds are made available for the project, the Local Agency shall pay 10% of all such costs eligible for Federal participation and 100% of all non-participating costs. If the total actual cost of performance of the work is less than $8,240.00, then the amount of Local Agency and Federal-aid funds will be decreased in accordance with the funding ratio described herein. D. The Local Agency has estimated the total cost of the preliminary engineering to provide for pavement markings on 44th Avenue'in Wheat Ridge, Colorado, hereinafter referred to as "the work", to be $8,240.00, which is to be funded as follows: a. Federal participating funds (90% of $7,000.00) $6,300.00 b Local Agency share: (1) Local Agency partici- pating funds (10% of $>7,000.00) $700.00 (2) The Local Agency non- participating funds for indirect costs (approx. 17% of $7,000.00) $1,200.00 -3- Subtotal (Local Agency share) $1,900.00 $8,200.00 Total Funds E. 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 relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies and procedures, and standardized billing format attached hereto and made a part hereof. The State will reimburse the Local Agency for the Federal-aid share of the project charges following the State's review and approval of such charges. Charges incurred by the Local Agency prior to the date of FHWA authorization for the project will not be charged to the project. The maximum amount payable to the Local Agency under this contract shall be $5,670.00 (90% of the Federal Participating Preliminary Engineering funds with the balance of the funds being paid to the State) unless such amount is increased by a written supplemental contract. 2. Costs incurred by the State a. The State will prepare monthly billings of incurred costs relative to the project. The State's monthly billings for the Local Agency share will be based on actual costs. As funds are expended during the course of the work, the State will bill the Local Agency monthly for the Local Agency share of such expenditures. Upon completion of the work to be performed under this contract and acceptance thereof by the State, FHWA and the Local Agency, the State will submit a final recapitulation of the project costs to the Local Agency and a final billing for the balance due of its share of participating costs plus all non-participating costs. Upon receipt of each bill from the State, the Local Agency will remit to the State that amount -4- billed. Should the Local Agency fail to pay moneys due the State 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 State, the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from State Highway Supplementary Fund (400). All funds expend- ed 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. b. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, induding prior FHW A approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided herein. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as may be agreed in writing. In the event that Federal-aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall be paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project completion for any reason, then all actual incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. -5- The Local Agency shall pay the State for all such costs within 30 days of receipt of wntten notice from the State requesting same. F. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estImate available based on the design data as approved at the time of executIon of this contract, and that such cost is subject to revisions agreeable to the parties. G. In the event that the project is canceled by the Local Agency, costs incurred by the state in project development will not be eligible for participation by the FHWA and must be reimbursed to the State by the Local Agency. H. The parties hereto agree that thIS contract IS contingent upon all funds designated for the project herein being made available from Federal and Local Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. ARTICLE II GENERAL PROVISIONS A. The Local Agency will provide: 1. The preliminary engineenng, design services, preparation of construction plans, special provisions and estimates in accordance with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. 2. Design work sheets used in designing of the project. B. The Local Agency will comply with the following' 1. The Local Agency will prepare construction plans in accordance with the requirements of Engineenng Services Section 107, Preparation of Construc- tion Plans by Local Agency, attached hereto and made a part hereof. 2. The Local Agency, with approval from the State, will be responsible for the plans being accurate and complete. -6- 3. . Notwithstanding any consents or approvals given by the State for said plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed within the work of this contract. C. The Local Agency will comply with the applicable provisions of the State's approved Action Plan, including all Federal directives contained therein by reference. D. The Local Agency may enter into a contract with a consultant to do all or any portion of the proposed preliminary engineering and preparation of construction plans. In the event that Federal-aid funds provided herem are to participate in the cost of work to be done by a consultant, the contract shall comply with the requirements of Federal Aid Policy Guide (FAPG), Volume I, Chapter 7, Section 2, Administration of Negotiated Contracts. The contract with the consultant shall be preceded by an acceptable proposal and may not be executed or awarded until the selection of the consultant and terms of the contract shall have been approved by the State and the Federal Highway Administration (FHW A). All changes in the contract shall be by written supplemental agreement and must have prior approval of the State and FHW A. As soon as the contract with the consultant has been awarded, one copy of the executed contract shall be submitted to the State. Any supplemental agreements shall be similarly submitted. Any consultant billings shall comply with the State's standardized consultant billing format. Examples of the billing formats for the various methods of contract payment are attached hereto and made a part hereof. E. The State will review construction plans, special provisions and estimates and make those changes necessary to assure compliance with State and FHW A requirements. The State will afford the Local Agency ample opportunity to review the construction plans, special provisions and estimates, as changed and said plans shall be considered final when approved and accepted by the parties hereto. -7- F. The Local Agency will be responsible for acquiring any additional rights of way required for the completion of the project, including any necessary construction easements. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all right of way has been acquired in accor- dance with the applicable State and Federal regulations, or that no additional right of way is required. G. The State will be responsible for assuring that the Local Agency has obtained proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. H. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished hy the Local Agency if requested. I. The term of this contract shall continue tfuough the completion and final acceptance of this project by the State, FHW A and Local Agency. J. During the performance of all work under this contract, 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. K. The Special Provisions, Attachment LO and Appendix B attached hereto are hereby made a part of this contract. L. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. M. The Local Agency represents and warrants that it has taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Local Agency to lawfully -8- execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. -9- IN WITNESS WHEREOF, the partICs hereto have executed thIs contract the day and year first above written. ATTEST STATE OF COLORADO ROY ROMER, GOVERNOR ~' By / /, (;l/-fr~ Chief Cle By ~ If Execuh ~'L DEP ART APPROVED' CLIFFORD W. HALL State Controller GALE A. NORTON Attorney General By~m~r~ ./7 /) By /1cU'"'it'fF BARRY B. RY Nt Assistant Attorney General Natural Resources Section ATTEST: '1 I CITY OF WHEAT RIDGE, COLORADO By By-'Jaa (}l.//>~f (J / Title Ir? a~AV Title CJ~ (!L/J' -10.