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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. [')1 L .. J