HomeMy WebLinkAbout5199RESOLUTION NO. 5199
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION
OF HIGHWAYS, STATE OF COLORADO, CONCERNING
NORTHERN AVE., PUEBLO BLVD. TO ORMAN AVE.
(PROJECT MG 3063(1))
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 Highway Department concerning a project
known as Northern Ave., Pueblo Blvd. to Orman Ave., (MG 3063(1)),
is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized
to execute same for and on behalf of the City and the City Clerk
is authorized and directed to attest same and affix the seal of
the City thereto.
Introduced July 25 , 1983
By REIMAR VON KALBEN
Councilman
APPROVED:
PreErident of the Council
ATTEST:
City Clerk
MG 3063(1) VARIOUS LOCATIONS
IN PUEBLO
CONTRACT
DEPARTMENT OR AGf:N('Y NUMBER
28 00 00
CONTRACT ROUTING NUMBER
yog //7
THIS CONTRACT, made this day of NO A h r 19,63 by and between the
State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS ,
nTVT9TnN OF HIGHWAYS
hereinafter referred to as the State, and ,.CITY OF PUEBLO_ STATE OF COT nR Ann
hereinafter referred to as the Local Aaencv br as the Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and othe 0 0 l ade
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number ,
G/L Account Number 5 2 0 4 6 Contract Encumbrance Number 8 315 0 ; 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 improvement of certain routes
on,the designated urban system and which are not on any other
Federal -aid system, hereinafter referred to as the program; and
WIf-EREAS, 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, Federal -aid urban system funds limited to the amount
of $58,013 have been made available for an urban system project,
identified as MG 3063(1) for preliminary engineering and the
furnishing of traffic signal equipment for various locations in
Pueblo, hereinafter referred to as the work; and
WHEREAS, the Local Agency has submitted initial design data
(D.O.H. Form 463) dated March 24, 1983, 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 funding for this Federal -aid urban system project
is 100 % Federal -aid limited to $58,013, it being understood that
such funds apply only to such costs as are eligible for Federal
participation. It shall be further understood that all non-
participating costs shall be borne by the Local Agency at 100%
and
WHEREAS, the Local Agency is prepared to proceed with the
project with the understanding that all costs in excess of
$58,013 shall be borne by the Local Agency; and
WHEREAS, the Local Agency has estimated the total cost of the
work to be $ 70,0DO and is prepared to provide $ //, 987
(inclusive of indirect costs) as its share as evidenced by an appro-
priate ordinance or resolution duly passed and adopted by the authori;
representatives of the Local Agency, a copy of which is attached
hereto and made a part of this contract; and
WHEREAS, said ordinance or resolution also establishes the auth-
ority under which the Local Agency enters into this contract; and
WHEREAS, this contract is executed by the State under authority o:
Sections 24 -92 -101, et seq., 43 -1 -102, 43 -1 -106, 43- 2- 101(4)(c) and
43 -2 -144, C.R.S. 1973, as amended; and
WHEREAS, the parties hereto desire to agree upon the division of
responsibilities with regard to this urban system 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 ad-
vantageously performed by the Local Agency.
NOW, THEREFORE, it is hereby agreed that:
PROJECT PROVISIONS
1. The State will provide liaison with the Local Agency
through the State's District engineer, district 2,
located at 905 Erie Avenue, Pueblo, CO 81002. Said
District Engineer will also be responsible for
coordinating the State's activities under this contract.
2. The Local Agency has estimated the total cost of said
work to be $70,000 consisting of the following:
a. Federal participation funds = $ 58,013
b. Local Agency non- participating funds = $ 10,749
C. Local Agency non - participating
indirect costs (1.8% of $ 58,762) = $ 1,238
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GENERAL PROVISIONS
A. The Local Agency will provide:
1. Preliminary engineering, design services, prepara-
tion of construction plans, special provisions and
estimates in accordance with the State's Roadway
Design Manual and Standard Specifications.
2. Design work sheets used in designing of the project.
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.
C. The Local Agency will comply with the applicable pro-
visions of the State's approved Action Plan, including
all Federal directives contained therein by reference,
and will take appropriate actions relative to the
following sections of the Federal -Aid Highway Program
Manual:
1. FHPM, Volume 7, Chapter 7, Section 3,
Procedures for Abatement of Highway
Traffic Noise and Construction Noise.
2. FHPM, Volume 7, Chapter 7, Section 4,
Archaeological and Paleontological —
Salvage.
vo
3. FHPM, Volume 7, Chapter 7, Section 9,
Air Quality Guidelines.
D. The Local Agency may enter into a contract with a con-
sultant to do all or any portion of the proposed pre-
liminary engineering and preparation of construction
plans; provided, however, that when Federal -aid funds
provided herein are to participate in the cost of work
done by a consultant, the contract shall comply with the
requirements of FHPM, Volume 1, Chapter 7, 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
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selection of the consultant and the terms of the con-
tract shall have been approved by the State and the
Federal Highway Administration (FHWA). All changes
in the contract shall be by supplemental agreement and
must have prior approval of the State and FHWA. As
soon as the contract with the consultant has been
awarded, 3 copies of the executed contract shall be
submitted to the State. Any supplemental agreements
shall be similarly submitted.
E. The State will review said plans, special provisions and
estimates and make those changes necessary to assure
compliance with State and FHWA requirements. The State
will afford the Local Agency ample opportunity to review
the plans, special provisions and estimates, as changed
and said plans shall be considered final when approved
. and accepted by the parties hereto. The State will
provide final assembly
provisions and contrac
part of the work is to
advertise the call for
Local Agency award the
lowest responsible and
of construction plans, special
documents. In the event all or
be contracted, the State will
bids, and upon concurrence by the
construction contract(s) to the
qualified bidderCs) .
F. The State and Local Agency shall jointly determine which
party shall acquire any additional right of way required
for the completion of the project, including any necessary
temporary construction easements and /or easements
for detour during construction. Prior to this
project being advertised for bids, the Local Agency
will certify in writing to the State that all
right of way has been acquired in accordance with the
applicable State and Federal regulations, or that
no additional right of way is required_
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
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involved in this project, by separate agreement
between the Local Agency and the utility, if nec-
essary. Prior to this project being advertised
for bids, the Local Agency will certify in writing
to the State that all such clearances have been
obtained.
H. In the event the project involves modification of
a railroad company's facilities at a railroad grade
crossing with the work being accomplished by rail-
road company forces, the Local Agency shall make
application to the Public Utilities Commission re-
questing its order providing for the installation
of the proposed improvements. The Local Agency
shall also establish contact with the railroad
company involved for the purpose of:
1. Executing an agreement setting out what
work is to be accomplished and the
location(s) thereof, and that the costs
of the improvement shaLL be eligible for
Federal participation.
2. Obtaining the railroad's detailed
estimate of the cost of the work.
3. Establishing future maintenance res-
ponsibilities for the proposed in-
stallation.
4. Prescribing future use or dispositions
of the proposed improvements in the
event of abandonment of elimination of
the grade crossing.
5. Establishing future repair and /or re-
placement responsibilities in the event
of accidental destruction or damage to
the installation.
I. The State, or the Local Agency with approval from
the State, will be responsible for the supervision of
the construction of the project, with periodic in-
spections by the FHWA. Supervision shall include,
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but not be limited to, field and office engineering,
inspection and materials testing, and traffic control
through the project area.
J. The Local Agency will provide and mark appropriate de-
tours around
turbances of
due to traff
public.
K. In the event
accomplished
the construction area to prevent any dis-
the progress of the construction work
Lc and also to protect the traveling
that all or part of the work is to be
by force account rather than contract
as specified in paragraph E hereinabove, the Local
Agency will insure that all word: is accomplished in
accordance with the pertinent State specifications
as well as FHPM, Volume 6, Chapter 4, Section 1,
Subsection 14, Contract and Force Account. Work
will normally be based upon estimated quantities and
firm unit prices agreed to between the Local Agency,
the State and the FHWA in advance of the work, as
provided for in FHPM, Volume 6, Chapter 4, Section 1,
Subsection 6, paragraph 12b. Such agreed unit prices
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, equip-
ment rental, materials.supplies and supervision nec-
essary to complete the work. Where actual costs.are
used, eligibility of cost items shall be evaluated for
compliance with Federal Procurement Regulations
Part 1 -15. Rental rates for publicly owned equip-
ment will be the second shift rental rate per
hour as established in the State's Construction
Equipment Rental Rate Schedule dated May 1, 1983
or subsequent revisions thereof. 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
M
agents and employees of the State and the FHWA to
inspect the project and to inspect, review and audit
the project records.
L. The Local Agency shall maintain all books, documents,
papers, accounting records and other evidence per-
taining to costs incurred and to make such materials
available for inspection at all reasonable times
during the contract period and for 3 years from the
date of final payment to the Local Agency. Copies of
such records shall be furnished by the Local Agency
if requested.
M. The Local Agency will maintain and operate the im-
provements constructed under this contract, at its
own cost and expense during their useful life, in
a manner satisfactory to the State and FHWA, and
will make ample provision for such maintenance each
year. Such maintenance and operations shall be in
accordance with all applicable statutes and ordinances,
and regulations promulgated thereunder, which define
the Local Agency's obligation to maintain streets
and street fixtures. The State and FHWA will make
periodic inspections of the project to verify that such
improvements are being adequately maintained.
N. The State will administer the Local Agency and
Federal -aid funds for this project in accordance with
the following provisions:
1. Costs incurred by the Local Agency
The Local Agency will prepare and submit
monthly charges for costs incurred re-
lative to the project. The Local Agency
will prepare project charges in ac-
cordance with the State's standard
policies and procedures. The State will
reimburse the Local Agency for the
Federal -aid share of the project charges
following the State's review and approval
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of such charges. Charges incurred by the Local
Agency prior to the date of FINA authorization
for the project will not be charged to the project.
2. Costs incurred by the State
The State will prepare monthly estimates of
incurred costs for all construction engineering
relative to the project. The State will prepare
said estimates in accordance with the State's
standard policies and procedures. The State's
monthly billings for the Local Agency share will
be based on actual construction engineering costs.
Upon the financial closing of the project, the
State will apply the approved FHWA construction
engineering percentage, in effect at that time,
against the total participating and non - participating
costs, to determine the final construction engineer-
ing charges against the project. This percentage f
shall not exceed fifteen percent (15 %). The
State will, at that time, furnish the Local
Agency a final detailed billing of the project.
Upon receipt of each bill from the State, the
Local Agency will remit to the State that amount
billed. Should the Local Agency fail to pay,
monies 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 Controller
may withhold an equal amount from future apportion-
ments due the Local Agency from the Highway Users
Tax Fund. Interim funds, until the State is re-
imbursed, shall be payable from State Highway
Supplementary Fund (2001). All funds expended
by the State for the performance of any work under
this contract or relative to the administration of
this contract shall be charged to this project.
0. 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 ap-
proved at the time of execution of this contract, and
that such sum is subject to revisions agreeable to the
parties prior to bid and award. The Local Agency has
the option to accept or reject the proposal of the low
bidder for work on which competitive bids have been
received. The Local Agency must declare the acceptance
or rejection at the award conference or within 3 working
days after said bids are publicly opened, whichever
occurs later. If the bid is rejected, 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.
Following award of the construction contract(s) under
paragraph E. above, no further revisions in design
data or cost estimate shall be made except by agree—
ment in writing between the parties. By indicating
its concurrence in such award at the award conference, -
the Local Agency acting by or through its duly
authorized representatives, agrees to provide addi-
tional 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 required funds will be determined
at the time of final billing as provided in para-
graph N. above.
P. The parties hereto agree that this contract is con-
tingent upon all funds designated for the project
herein being made available from Federal and Local
SZ
Agency sources. Should these sources, either
Federal or Local Agency, fail to provide necessary
funds as agreed upon herein, this contract may be
terminated by either party. Any party terminating
its interest and obligations herein shall not be
relieved of any financial obligations which existed
prior to the effective date of such termination or
which may occur as a result of such termination.
Q. 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, as necessary, and Local Agency. The
covenants with regard to maintenance of the improve-
ments 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.
R. During the performance of all work under this con-
tract, the parties hereto agree to comply with
Title VI, of the Civil Rights Act of 1964, the
salient points of which are shown in the Non-
discrimination Provisions attached hereto and made
a part hereof.
S. The Special Provisions and Appendix B attached hereto
are hereby made a part of this contract.
T. This contract shall inure to the benefit of and be
binding upon the parties, their successors, and
assigns.
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IN WITNESS WHEREOF, the parties hereto have caused the fore-
going Contract to be executed the day and year first above
written.
ATTEST"
Chief Clerk
APPROVED:
State Controller
JAMES A. 5TROUP
ATTEST:
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
By 1 0
c i ecto
DEPARTMENT OF HIG AYS
DUANE WOODARD
Attorney General
By
OBERNYE
Fk #s+ sistant Attorney General
Natural Resources Section
CITY OF PUEBLO, COLORADO
By ^
resident of the Council
APPROVED AS TO FORM:
77� ----
Thomas E. g r, City Attorney
APPENDIX B
MINORITY BUSINESS ENTERPRISE (MBE)
SECTION 1. Policy It is the policy of the Department of Trans-
portation that minority business enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal
funds under this agreement. Consequently the MBE requirements of
49 CFR Part 23 apply to this agreement.
SECTION 2. MBE Obligat The recipient or its contractor
agrees to ensure that minority business enterprises as defined in
49 CFR Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in
part with Federal funds provided under this agreement. In this
regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that
minority business enterprises have the maximum opportunity to compete
for and perform contracts. Recipients and their contractors shall
not discriminate on the basis of race, color, national origin, or
sex in the award and performance of DOT- assisted contracts.
SECTION 3. MBE Program. The contractor (subrecipient) shall be
responsible or obtaining the Minority Business Enterprise Program
of the Colorado Department of Highways dated January 29, 1982, as
amended, and shall comply with the applicable provisions of this
program.
A copy of the MBE program will be available from:
Staff Construction Engineer
4201 E. Arkansas
Denver, CO 80222
Phone: (303) 757 -9231
and will by request be mailed to said contractor.
Form 6- AC -02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than ten thousand dollars for the construction, erection, repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this
State, the contractor shall, before entering upon the performance of any such work included in this contract, duly
execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient
bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total
amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,
conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or
his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to be done,
the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the
rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8 -16 -101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34 -301, CRS
1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non - discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
page I of 2 pages
Form 6- AC -02C
(7) In the event of the contractor's non - compliance with the non- discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor 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 therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sub - contract and
sub - contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding
upon each sub - contractor or vendor. The contractor will take such action with respect to any sub - contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non - compliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8 -17 -101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences)
and 18 -8 -401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is
present.
9. The signatories zver that to their knowledge, no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day firsZabovewritte
STATE OF COLORADO RICHARD D. LAMM, GOVERN
Contractor By .5 EXECUTIVE: DIRECTOR.
DEPARTMENT
Position _ OF _—
Social Security Number or Employer 1
APPROVALS
ATTORNEY GENERAL CONTR LER
By
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