HomeMy WebLinkAbout7898RESOLUTION NO. 7898
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE DEPARTMENT OF TRANSPORTATION,
STATE OF COLORADO, FOR PRAIRIE AVENUE
WIDENING, METRO STREET NAME SIGNS, AND
THERMOPLASTIC TRAFFIC MARKINGS. (PROJECT SHO
M086 -013)
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
The Agreement between the City of Pueblo, a Municipal Corporation, and the
State of Colorado Department of Transportation concerning the widening of Prairie
Avenue from Jones Avenue to Northern Avenue, installation of Metro street name
signs and thermo striping from SH 45 to Goodnight Avenue (Project SHO M086-
013) is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute this
Agreement for and on behalf of the City and the City Cleric is authorized and
directed to attest the same and affix the seal of the City thereto.
INTRODUCED June 24 , 1996
Samuel Corsentino
Council Person
ATTEST: APPROVED:
X 1,
City C lc Presid t of the City Council
DEPARTMENT OF TRANSPORTATION
SCOTT A. KAUFMAN, LEGAL ASSISTANT 1
Center for Procurement and Contract Services
4201 East Arkansas Avenue, West Annex Room A -140
Denver, Colorado 80222 -3400
(303) 757 -9743
O
SHO M086 -013 Prairie Avenue Widening
Signage /Striping- SH 45 to Goodnight
City of Pueblo
July 29, 1996
MR. DAN CENTA
City of Pueblo
Post Office Box 1427
Pueblo, Colorado 81003
Dear Mr. Centa,
Enclosed please find your fully executed original contract for the above captioned
project dated July 26th, 1996 for your records. If you have any questions or concerns,
please contact me at the above address or phone number.
Since r ly yours,
G®
Scott A. fman
CDOT Contract Services
Attachment
cc
Mr. Ken Conyers- Region 2 Transportation Director
Mr. Bob Marusin- Agreements
Ms. Mary Williams- Projects & Grants
Contract File
CDOT Central Files
SHO M086 -013
Prairie Avenue Widening
Signage /striping -SH 45 to Goodnight
Region 2 /dep
C ONTRACT
THIS CONTRACT, made this .�(/ i��"1 day of �1.��1�1 19 �"n
by and between the State of Colorado for the use and benefit of THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State,
and the CITY OF PUEBLO, Post Office Box 1427, Pueblo, Colorado
81003, hereinafter referred to as the Local Agency or as the
Contractor,
WHEREAS, authority exists in the law and funds have been
budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for
payment of project and Local Agency costs in Fund Number 400,
Organization Number 9991, Appropriation Code 010, Program 2000,
Function 3200, Object 2311 1 P, Reporting Category 2040, Contract
Encumbrance Number 10688 [00] C (Contract Encumbrance Amount
$1,054,709); and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A, Section 1007 of the
Intermodal Surface Transportation Efficiency Act of 1991, certain
Federal funds have been and will in the future be, allocated for
projects eligible under the Surface Transportation Program,
hereinafter referred to as the program; and
WHEREAS, pursuant to the program, Federal -aid funds have been
made available for a project, identified as SHO M086 -013 for
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preliminary engineering, utilities and construction for widening
Prairie Avenue to construct a two -way left turn lane from
approximately Jones Avenue to Northern Avenue, and installation of
metro street signs and thermo striping from SH 45 to Goodnight
Avenue, in the City of Pueblo, Colorado, hereinafter referred to as
the work; and
WHEREAS, the matching ratio for this Federal -aid 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 1000; 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, this contract is executed by the State under authority
of Sections 24 -92 -101, et seq., 29 -1 -203, 43 -1 -110, 43 -1 -116,
43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended; and
WHEREAS, the parties hereto desire to agree upon the division
of responsibilities with regard to this project; and
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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:
I. PROJECT FUNDING PROVISIONS
A. The Local Agency has estimated the total cost of the
preliminary engineering, utilities and construction for
widening Prairie Avenue to construct a two -way left turn lane
from approximately Jones Avenue to Northern Avenue, and
installation of metro street signs and thermo striping from SH
45 to Goodnight Avenue, in the City of Pueblo, Colorado,
hereinafter referred to as the "work ", to be $1,088,500.00
which is to be funded as follows:
a. Federal participating funds
(900 of $1,059,709) $953,738.00
b. Local Agency share:
(1) Local Agency parti-
cipating funds
(100 of $1,059,709) $105,971.00
(2) The Local Agency non-
participating funds for
indirect costs incurred
by the Local Agency and /or
the State $28,791.00
Subtotal (Local Agency share) $134,762.00
Total Funds $1,088,500.00
B. The matching ratio for this Federal -Aid urban system project is
90% Federal -Aid funds to 10% Local Agency funds, it being
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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 performance of the work shall be at no cost to
the State. If the total actual cost of performance of the work
exceeds $1,088,500.00, 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 1000 of
all non - participating costs. If the total actual cost of
performance of the work is less than $1,088,500.00, then the
amounts of Local Agency and Federal -Aid funds will be decreased
in accordance with the funding ratio described herein.
C. The maximum amount payable to the Local Agency under this
contract shall be $948,738.00 (1000 of the federal funds less
the federal funds withheld for State charges) unless such
amount is increased by a written supplemental contract.
D. The State will administer the Local Agency and Federal -Aid
funds for this project in accordance with the following
provisions. All funds expended by the State for the
performance of any work under this contract or relative to the
administration of this contract shall be charged to this
project. The State estimates that its charges for direct costs
will not exceed $5,000.00. The State's charges for indirect
costs will not exceed the amount shown in Section I, A.(b)(2)
1. Costs incurred by the Local Agency
The State will reimburse the Local Agency for the
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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 the
contract approval and Federal Highway Administration (FHWA)
authorization for each phase of the project will not be
charged to the project. Guidelines on costs not eligible
for reimbursement are attached hereto and made a part
hereof.
2. Costs incurred by the State
The State will prepare monthly estimates 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.
The State will make a good faith effort to submit the final
recapitulation to the Local Agency within three months
after project completion provided the FHWA and the Local
Agency furnishes written acceptance in a timely manner.
E. The Local Agency will prepare and submit to the State monthly
charges for costs incurred relative to the project. The Local
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Agency will prepare project charges in accordance with the
State's standard policies, procedures, and standardized billing
format attached hereto and made a part hereof.
F. Except for billings about which there is a good faith dispute,
upon receipt of each bill from the State, the Local Agency will
remit to the State that amount billed no later than 30 days
after receipt of each bill. Interim funds, until the State is
reimbursed, shall be payable from State Highway Supplementary
Fund (400) .
II. PRECONSTRUCTION
A. The Local Agency will provide:
1. Preliminary engineering that it undertakes (at no cost
to the project), design services, preparation of
construction plans, special provisions and estimates
in accordance with requirements of the American
Association of State Highway and Transportation
Officials (AASHTO) . Said plans shall include details
of any required detours to prevent any interference
with the construction work and to protect the
traveling public.
2. Design work sheets used in designing of the project.
3. Construction plans sealed by a Colorado licensed
professional engineer, unless exempted by Section
12- 25- 103(g), C.R.S., as amended.
4. Final right of way plans sealed by a Colorado licensed
professional land surveyor shall be submitted to the
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State pursuant to 23 CFR 712.204. Right of way plans
shall comply with Chapter 2 of the CDOT Right of Way
Manual and Federal -aid Policy Guide (FAPG) Chapter 1,
Subchapter G, Part 630 Subpart B Attachment. The
Local Agency will be responsible for right of way
plans changes that are necessary to assure compliance
with State and FHWA requirements.
B. The Local Agency will prepare construction plans in accordance
with the requirements of Engineering Services Section 107,
Preparation of Construction Plans by Local Agency, attached
hereto and made a part hereof. The Local Agency will
responsible for the plans being accurate and complete.
C. The project plans shall be considered final when approved and
accepted by the parties hereto. The final plans are
incorporated herein by this reference.
D. The State will review construction plans, special provisions
and estimates and indicate those changes necessary to assure
compliance with State and FHWA 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. The final plans are
incorporated herein by this reference.
E. The Local Agency will comply with the applicable provisions of
the State's approved Action Plan, including all Federal
directives contained therein by reference.
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F. 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 herein 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), Title 23, Chapter I, Sub - chapter B, Part 172,
Administration of Engineering and Design Related Service
Contracts. The State will make its consultant selection
procedure available to the Local Agency upon request. 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 FHWA. All changes in the
contract shall be by written supplemental agreement and must
have prior approval of the State and FHWA. As soon as the
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.
G. The Local Agency will be responsible for obtaining the proper
clearance or approval from any utility company which may become
involved in this project, by separate agreement between the
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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.
III. CONSTRUCTION
A. In the event all or part of the construction work is to be
contracted, the State will establish appropriate Disadvantaged
Business Enterprise (DBE) goals for the construction
contract (s) .
B. The Construction Contract Administration Checklist, as amended,
defines the responsibilities of the parties hereto with respect
to administration of the construction of the project. The
preliminary Checklist is attached hereto and made a part
hereof. Construction administration includes final assembly of
construction plans, special provisions, estimates and contract
documents; submitting a request for force account work to the
FHWA Division Administrator, through the State's
representative, as provided in 23 CFR 635.204(c); field and
office engineering, inspection and material testing, and
traffic control. The project will be subject to periodic
inspection by the FHWA.
C. If the Local Agency assumes responsibility for administration
of the construction of the project, the Local Agency shall
appoint a qualified professional engineer, licensed in the
State of Colorado, as the Local Agency Project Engineer (LAPS).
Such administration shall consist of project inspection and
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testing; approving sources of materials; performing required
plant and shop inspections; documentation of contract payments,
testing, and inspection activities; preparing and approving pay
estimates; preparing, approving, and securing the funding for
contract modification orders (CMOs) and minor contract
revisions (MCRs); processing contractor claims; and, meeting
the Quality Control (QC) requirements of the FHWA /State
stewardship program.
D. The LAPE shall administer the project in accordance with this
agreement, the requirements of the construction contract, and
State procedures. The LAPE may be an employee of the Local
Agency or a consultant. In such event, notwithstanding Section
12 -25 -103, C.R.S., as amended, the LAPE shall be in responsible
charge of the construction of the project as provided in
Section 12 -15 -102, C.R.S. as amended.
E. In the event the Local Agency has engaged a consultant for the
design of a major structure, the Local Agency /consultant
contract shall contain the following:
1. Upon advertisement for the project for construction, the
consultant shall make available services as requested by
the State to assist the State in the evaluation of
construction and the resolution of construction problems
that may arise during the construction of the project.
2. The consultant shall review the construction contractor's
shop drawings for conformance with the contract documents
and compliance with the provisions of the State's
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publication, "Standard Specifications for Road and Bridge
Construction ", in connection with this work.
F. The State shall have the authority to suspend the work wholly
or in part, by giving written notice thereof to the Local
Agency, due to the failure of the Local Agency or its
construction contractor to correct Project conditions which are
unsafe for the workmen or for the traveling public, or for
failure to carry out provisions of this contract or the
construction contract, or for such periods as the State may
deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the work, or for
any other condition or reason deemed by the State to be in the
public interest.
G. The State will perform a final project inspection prior to
project acceptance as a Quality Control activity. When all
project work has been satisfactorily completed, the State will
sign the FHWA form 1446C.
IV. GENERAL PROVISIONS
A. The State will provide liaison with the Local Agency through
the State's Region Transportation Director, Ken Conyers. Said
Region Transportation Director will also be responsible for
coordinating the State's activities under this contract.
All notices to be given by the parties hereunder shall be given
by certified or registered mail to the individuals at the
addresses set forth below. Either party may from time to time
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designate in writing substitute addresses or persons to whom
such notices shall be sent:
For the State:
Ken Conyers, Region Transportation Director
905 Erie Avenue
Pueblo, Colorado 81002
719/546 -5452
For the Local Agency:
Dan Centa
City of Pueblo
Post Office Box 1427
Pueblo, Colorado 81003
719/545 -5840
B. The Local Agency has the option to accept or reject the
proposal of the low bidder for work on which competitive bids
have been received. The Local Agency must declare the
acceptance or rejection within 21 calendar days after said bids
are publicly opened. If the bid is rejected, and not
re- advertised for bids, costs incurred by the State in project
development will not be eligible for participation by the FHWP_
and must be reimbursed to the State by the Local Agency.
Following award of the construction contract(s), no further
revisions in design data or cost estimate shall be made except
by agreement in writing between the parties. By indicating its
concurrence in such award, the Local Agency acting by or
through its duly authorized representatives, agrees to provide
additional funds if required to complete the work under this
project if no additional Federal -Aid funds will be made
available for the project. The total amount of such additional
12
required funds will be determined at the time of final billing
as provided in Paragraph I.D.2. above.
C. The State and 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 State or
Local Agency. Copies of such records shall be furnished by the
State or Local Agency if requested.
D. The Local Agency will maintain and operate the improvements
constructed under this contract, at its own cost and expense
during their useful life, in a manner satisfactory to the State
and FHWA, and will make ample provision for such maintenance
each year. Such maintenance and operations shall be in
accordance with all applicable statutes and ordinances, and
regulations promulgated thereunder, which define the Local
Agency's obligation to maintain such improvements. The State
and FHWA will make periodic inspections of the project to
verify that such improvements are being adequately maintained.
E. 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 execute
this contract on behalf of the Local Agency and to bind the
Local Agency to its terms.
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F. 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, including prior FHWA 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 approval
or completion for any reason, other than for material breach
thereof by the State, then all actual incurred costs of such
services and assistance provided by the State shall be the sole
expense of the Local Agency. The Local Agency shall pay the
State for all such costs within 30 days of receipt of written
notice from the State requesting same.
G. 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
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execution of this contract, and that such cost is subject to
revisions agreeable to the parties prior to bid and award.
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.
I. 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.
J. In the event that all or part of the work is to be accomplished
by force account rather than contract, the Local Agency will
ensure that all work is accomplished in accordance with the
pertinent State specifications as well as FAPG, Title 23,
Chapter I, Sub - chapter G, Part 635, Sub -part B, Force Account
Construction. Work will normally be based upon estimated
quantities and firm unit prices agreed to between the Local
Agency, the State and the FHWA in advance of the work, as
provided for in FAPG, Title 23, Chapter I, Sub - chapter G, Part
635, Sub -part B, Section 635.204(c). Such agreed unit prices
15
shall constitute a commitment as to the value of the work to be
performed. It may be agreed to participate in the work based
on actual costs of labor, equipment rental, materials supplies
and supervision necessary to complete the work. Where actual
costs are used, eligibility of cost items shall be evaluated by
the State for compliance with 48 CFR 31. Rental rates for
publicly owned equipment will be determined in accordance with
Section 109.04 of the State's "Standard Specifications for Road
and Bridge Construction ". All force account work shall have
prior approval of the FHWA and shall not be initiated until the
State has issued a written notice to proceed. The Local Agency
shall, during all phases of the work, permit duly authorized
agents and employees of the State and the FHWA to inspect the
project and to inspect, review and audit the project records.
K. The term of this contract, except for the provisions regarding
maintenance, shall continue through the completion and final
acceptance of this project by the State, FHWA and Local Agency.
The covenants with regard to maintenance of the improvements
constructed under this contract shall remain in effect in
perpetuity or until such time as the Local Agency is, by law or
otherwise, relieved of such responsibility.
L. The Local Agency shall comply with all federal requirements
applicable to the performance of the work, and /or any
procurement for the work, under this federally funded contract.
Such requirements include Title 49, Code of Federal
Regulations, part 18 ( "The Common Rule ") , specifically 49
C.F.R. 18.36 regarding procurement, and 49 C.F.R. 18.36(i)
regarding required contract provisions. The specific
provisions in 49 C.F.R. 18.36(1) containing the federal
statutory and regulatory citations are incorporated herein by
this reference as provisions of this contract as though fully
set forth. Further, the Local Agency shall include the
language of this paragraph verbatim in any subcontract(s) for
the work, in order to comply with 18.36(i) and to ensure
subcontractor compliance with applicable federal requirements.
M. 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.
N. This contract may be terminated as follows:
(1) Termination for Cause If, through any cause, the Local
Agency fails to fulfill in a timely and proper manner all
obligations under this contract, or if the Local Agency
violates any of the covenants, agreements or stipulations
of this contract, the State shall thereupon have the right
to terminate this contract for cause by giving written
notice to the Local Agency of such termination and
specifying the effective date thereof, at least five days
before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports
17
or other material prepared by the Local Agency under this
contract shall, at the option of the State, become its
property, and the Local Agency shall be entitled to receive
just and equitable compensation for any satisfactory
services completed on such documents and other materials.
Notwithstanding the above, the Local Agency shall not be
relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the
contract by the Local Agency, and the State may withhold
any payments to the Local Agency for the purpose of setoff
until such time as the exact amount of damages due the
State from the Local Agency is determined.
(2) Termination for Convenience The State may cancel upon 30-
days written notice to the Local Agency. The State shall
effect such termination by giving written notice of
termination to the Local Agency and specifying the
effective date thereof, at least 30 days before the
effective date of such termination. In that event, all
finished or unfinished documents and other materials as
described in Paragraph N(1) above shall, at the option of
the State, become its property. If this contract is
terminated due to the fault of the Local Agency, Paragraph
N(1) hereof relative to termination shall apply.
(3) Termination Due to Loss of Funding The parties hereto
expressly recognize that the contractor is to be paid,
reimbursed or otherwise compensated with federal funds
provided to the State for the purpose of contracting for
the services provided for herein, and therefore, the
contractor expressly understands and agrees that all its
rights, demands and claims to compensation arising under
this contract are contingent upon receipt of such funds by
the State. In the event that such funds or any part
thereof are not received by the State, the State may
immediately terminate or amend this contract.
0. The Special Provisions, Attachment L0, the Nondiscrimination
Provisions and Appendix B attached hereto are hereby made a
part of this contract.
P. This contract shall inure to the benefit of and be binding upon
the parties, their successors, and assigns.
Q. It is expressly understood and agreed that enforcement of the
terms and conditions of this contract, and all rights of actin
relating to such enforcement, shall be strictly reserved to the
Local Agency and the State, and nothing contained in this
contract shall give or allow any such claim or right of actio
by any other or third person on such contract. It is the
express intention of the Local Agency and the State that any
person other than the Local Agency or the State receiving
services or benefits under this contract shall be deemed to be
an incidental beneficiary only.
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IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST:
STATE OF COLORADO
ROY ROMER, GOVERNOR
f
B f1 , ��> -,r ;x "y/ BY
Chief Clerk J xecutive Director
DEPARTMENT OF TRANSPORTATION
APPROVED:
CLIFFORD W. HALL GALE A. NORTON
Sta Controller Attorney General
P' /''
Y = tL7
RRY R N
4Assista General
Civil Litigation Section
ATTEST: CITY OF PUEBLO, COLORADO
1
B
Title Title
FEIN 846000615
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