HomeMy WebLinkAbout7545RESOLUTION NO. 7 545
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BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1:
The Contract dated January 9, 1995, between Pueblo, a Municipal
Corporation, and the Colorado Department of Transportation (STE M086 -019,
Runyon Commuter Phase II) copies of which are on file in the office of the
City Clerk, having been approved subject to appropriations being
available, therefore, in the 1995 budget and thereafter. The President of
the City Council is authorized to execute and deliver the Contract in the
name of the City and the City Clerk is directed to affix the seal of the
City thereto and attest same.
SECTION 2:
The total cost of the project has been estimated by the
Department of Pl annin g and Development to be $250,000; and the sources of
funding of the total costs are as follows:
(a) Federal Participating Funds
(800 of $ 250 ,000) ........................ $200,000
(b) Great Outdoor Colorado Trust Fund
(20% of $ 250 ,000) ........................ 50,00
TOTAL FUNDS .............................. $250,000
SECTION 3:
The project referred to as the Runyon Commuter Trail, Phase II,
will be subject to the appropriation of funds and will be paid from
Account No. 145 -1994- 308 -0 -40 -8823.
SECTION 4:
This resolution will become effective upon final passage.
i1 ' • � •111 /.. . .
SAMUEL CORSENTINO
Councilperson
'tity Clerk
APPR BY:
President of the Council
STE MO$6 -019
RUNYON COMMUTER
PHASE 2
REGION 2 /TJH
I r o -1 5 3 ,x/
CONTRACT
THIS CONTRACT, made this day of _ _ _ ^ _, 19 �s ,
by and between the State of Colorado for the use and benefit of THE
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State,
and CITY OF PUEBLO, STATE OF COLORADO, hereinafter referred to as
the Local Ageacy' 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 3020,
Object 2312 1 P, Reporting Category 2050, Contract Encumbrance
Number 10717 [00] D (Contract Encumbrance Amount $15,000.00); 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 (c) of the
Intermodal Surface Transportation Efficiency Act of 1991, certain
Federal funds have been and will in the future be, allocated for the
"provision of facilities for pedestrians and bicycles, acquisition
of scenic easements and scenic or historic sites, scenic or historic
highway programs, landscaping and other scenic beautification,
historic preservation,.rehabilitation and operation of historic
transportation buildings, structures or facilities (including
historic railroad facilities and canals), preservation of abandoned
railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails), control and removal of outdoor
advertising, archaeological planning and research, and mitigation of
water pollution due to highway runoff. "; and
WHEREAS, Federal -aid funds have been made available for a
project, identified as STE M086 -019 for preliminary engineering and
construction to complete Phase 2 of the Runyon Commuter
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pedestrian /bike trail in Pueblo, Colorado, hereinafter referred to
as the work; and
WHEREAS, the Local Agency has submitted a project application
to the State setting forth therein preliminary details, information
and estimates of cost of this work, which data has been approved by
the State; and
WHEREAS, the matching ratio for this Federal -aid project is 80%
Federal -aid funds to 20% Local Agency funds, it being understood
that such ratio applies only to such costs as are eligible for
Federal participation, it being further understood that all
non - participating costs are borne by the Local Agency at 100 %; and
WHEREAS, the Local Agency has estimated the total cost of the
work and is prepared to provide its share of the cost as evidenced
by an appropriate ordinance or resolution duly passed and adopted by
the authorized representatives of the Local Agency, a copy of which
is attached hereto and made a part hereof; and
WHEREAS, said ordinance or resolution also establishes the
authority under which the Local Agency enters into this contract;
and
WHEREAS, 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
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. STATE COMMITMENTS
A. The State will provide liaison with the Local Agency
through the State's Region 2 Transportation Director, 905
Erie Avenue, Pueblo, CO 81002, (719) 546 -5452. Said
Transportation Director will also be responsible for
coordinating the State's activities under this contract.
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Said Director or his designee will also issue a "Notice to
Proceed" to the Local Agency for commencement of the work.
B. 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 State will reimburse the Local Agency for the
Federal -aid share of the project charges following
the State's review and approval of such charges.
Charges incurred by the Local Agency prior to the
date of FHWA authorization for the project will not
be charged to the project.
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.
C. The State will review construction plans, special
provisions and estimates and will cause the Local Agency
to make those changes necessary to assure compliance with
State and FHWA requirements. The Local Agency will afford
the State 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.
D. In the event all or part of the construction work is to be
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contracted, the State will establish appropriate
Disadvantaged Business Enterprise (DBE) goals for the
construction contract(s) and the State in conjunction with
the Local Agency will advertise the call for bids, and
upon concurrence by the Local Agency, award the
construction contract(s) to the lowest responsible
bidder(s).
E. 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.
II. LOCAL AGENCY COMMITMENTS
A. The Local Agency will provide:
1. Preliminary engineering, design services, preparation
of construction plans, special provisions and
estimates in accordance with the State's Roadway and
Bridge Design Manuals and Standard Specifications for
Road and Bridge Construction. Said plans shall
include details of any required detours to prevent
any interference of the construction work and to
protect the traveling public. All plans produced
shall be stamped by a Colorado Registered
Professional Engineer.
2. Design work sheets used in designing of the project.
3. Construction supervision by a Colorado Registered
Professional Engineer.
B. The Local Agency will comply with the following:
1. 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.
2. The Local Agency will be responsible for the plans
being accurate and complete.
C. The Local Agency will comply with the applicable
provisions of the State's approved Action Plan, including
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all Federal directives contained therein by reference.
D. The Local Agency may enter into a contract with a
consultant to do all or any portion of the proposed
preliminary engineering and preparation of construction
plans. In the event that Federal -aid funds provided
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
contract with the consultant shall be preceded by an
acceptable proposal and may not be executed or awarded
until the selection of the consultant and terms of the
contract shall have been approved by the State and the
Federal Highway Administration (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.
E. The Local Agency will be responsible to perform
acquisition and relocation assistance for the project, as
required by Section 24 -56 -101, et seq., C.R.S. However,
if the State determines that such performance by the Local
Agency will jeopardize or is jeopardizing distribution of
federal assistance funds, or that action by the State is
necessary to comply with federal policy or procedures,
then the State, in its discretion, may perform the
acquisition and relocation assistance itself or may
supervise and direct the Local Agency in the performance
of such acquisition and assistance. Prior to taking such
action, the State will provide written notice to the Local
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F.
W
Agency of the basis of such determination or action and
will meet with the Local Agency to discuss possible
remedial measures. 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.
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 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.
In the event the project involves modification of a
railroad company's facilities at a railroad grade crossing
whereby the work is to be accomplished by railroad company
forces, the Local Agency shall make application to the
Public Utilities Commission requesting 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 responsibilities for
the proposed installation.
4. Prescribing future use or dispositions of the
proposed improvements in the event of abandonment or
elimination of the grade crossing.
5. Establishing future repair and /or replacement
responsibilities in the event of accidental
destruction or damage to the installation.
H. The Local Agency will provide final assembly of
construction plans, special provisions, estimates and
contract documents.
I. 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 publication, "Standard Specifications
for Road and Bridge Construction ", in connection with
this work.
J. 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), 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 at the award
conference, 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
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for the project. The total amount of such additional
required funds will be determined at the time of final
billing as provided in Paragraph I.B.2. above.
K. The Local shall be responsible for administration of all
aspects 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 (LADE). Such administration shall
consist of project inspection and 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.
L. 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 -25 -102, C.R.S. as amended.
M. The Local Agency will prepare and submit to the State
monthly charges for costs incurred relative to the
project. The Local 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. Charges incurred by the Local Agency prior
to the date of FHWA authorization of the project will not
be charged to the project.
N. The Local Agency shall maintain all books, documents,
papers, accounting records and other evidence pertaining
to costs incurred and to make such materials available for
CE-119
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.
O. 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.
P. 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.
III. GENERAL PROVISIONS
A. The Local Agency has estimated the total cost of the
preliminary engineering and construction to complete Phase
2 of the Runyon Commuter pedestrian /bike trail in Pueblo,
Colorado, hereinafter referred to as "the work" to be
$250,000.00 which is to be funded as follows:
a. Federal participating funds
(80% of $250,000) $200,000.00
b. Local Agency parti-
cipating funds
(20% of $250,000.00)
$50,000.00
Total Funds $250,000.00
B. The matching ratio for this Federal -aid project is 80%
C.
E.
Federal -aid funds to 20% 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 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 $250,000, and
additional Federal funds are made available for the
project, the Local Agency shall pay 20% of all such costs
eligible for Federal participation and 100% of all
non - participating costs. If the total actual cost of
performance of the work is less than $250,000, then the
amounts of Local Agency and Federal -aid funds will be
decreased in accordance with the funding ratio described
herein.
Any eligible Administrative, and Preliminary Engineering
expenditures shall not be reimbursed to the Local Agency
but shall be credited towards the Local Agencies share of
the Federal Participating Funds during construction of the
project.
The maximum amount payable to the Local Agency under this
contract shall be $12,000.00 (100% of Federal preliminary
engineering funds with the remainder of project funds to
be paid to the State or the construction contractor on an
incurred cost basis) unless such amount is increased by a
written supplemental contract.
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 moneys due the State within 30
days of demand or within such other period as may be
agreed between the parties hereto, the Local Agency agrees
that at the request of the State, the State Treasurer may
withhold an equal amount from future apportionments due
the Local Agency from the Highway Users Tax Fund and to
pay such funds directly to the State. Interim funds,
until the State is reimbursed, shall be payable from State
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Highway Supplementary Fund (400).
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, 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 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
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I.
J.
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.
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.
In the event that all or part of the work is to be
accomplished by force account rather than contract as
specified in paragraph I.D. hereinabove, the Local Agency
will insure that all work is accomplished in accordance
with the pertinent State specifications as well as FAPG,
Title 23, Chapter I, Sub - chapter B, 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 B, Part 635, Sub -part B, Section
635.204(c). 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, equipment rental, materials
supplies and supervision necessary 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
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,
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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 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.
L. 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.
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 apart hereof.
N. The Special Provisions and Appendix B attached hereto are
hereby made a part of this contract.
O. 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 executed this
contract the day and year first above written.
ATTEST:
STATE OF COLORADO
ROY ROMER, GOVERNOR
By
Chief 1 k
CLIFFORD W. HALL
State Controller
By
ATTEST:
By
Title City Clerk
c
By 014,6&J ,
ecutive Director
7(� DEPARTMENT OF TRANSPORTATION
APPROVED:
GALE A. NORTON
Attorney Cameral
By
BARRY B. RYA7 'r Assistant At orney General
Natural Resources Section
CITY OF PUEBLO, COLORADO
By (/
Title President of the Coun
Federal Employer Identification
Number
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Rev. 5/86
DEPARTMENT OF HIGHWAYS
DIVISION OF HIGHWAYS
STATE OF COLORADO
ENGINEERING SERVICES
SECTION 107
PREPARATION OF CONSTRUCTION PLANS BY LOCAL AGENCY
107.1 All plans shall be in accordance with the Department of
Highways Drafting Manual. (Copies available through
Department of Highways, Staff Design Branch or Bid Plans,
Room 117).
107.2 The State will prepare permanent type polyester reproductions
of original drawings at a nominal charge when requested by
the Local Agency.
107.3 The Local Agency may, at its option, purchase approved
standard size sheets from the State. The purchase price of
such materials shall be the actual cost as incurred by the
State.
The following approved standard size sheets measuring 22
inches by 34 inches with rectangular border of 20 inches by
31 -1/2 inches for the working drawing's, are normally
available from current State inventories.
DOH
FORM
NO. TITLE COMPOSITION
113 Summary of Approximate Quantities * Mylar
125 Structure Quantities Mylar
126 Blanket Sheet Mylar
134 Plan and Profile Mylar
146 Cross Section Vellum
* Accepted trade name for polyester film
107.4 The State will prepare the title sheet for the final
construction plans. The title sheet will be made available
for Local Agency use upon request of the Local Agency. The
cost incurred by the State for preparation of the title sheet
will be charged to the project.
APPENDIX B
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation that
disadvantaged 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 DBE requirements of
49 CFR Part 23 apply to this agreement.
SECTION 2. DBE Obligation.
The recipient or its contractor agrees to insure that disadvantaged
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 insure that disadvantaged
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 CDOT assisted contracts.
SECTION 3. DBE Program.
The contractor (subrecipient) shall be responsible for obtaining
the Disadvantaged Business Enterprise Program of the Colorado
Department of Transportation, 1988, as amended, and shall comply
with the applicable provisions of the program.
A copy of the DBE Program is available from:
Staff Construction Engineer
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver CO 80222 -3400
Phone: (303)757 -9231
and will be mailed to the contractor upon request.