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TC Res. No. 1980-126 9 RESOLUTION NO. 80-12 SERIES OF 1980 BE IT RESOLVED that the Mayor and Town Clerk are authorized to execute Agreement with Department of Highways for Project SOS0044131. INTRODUCED, READ, AND ADOPTED THIS ~~jj 25-nk DAY OF JULY, 1980. TOWN OF AVON v A 1 . Al ayor ATTEST: Pat Doyle, To le k j { ;i • )S 0044(3)--NOTTINGHAM RD., )WN OF AVON CONTRACT ARTMENT OR AGENCY HUMBER 28 00 00 I TRACT ROUTING PLUMBER THIS CONTRACT, made this day of 19 by and between the State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS i DIVISION OF HIGHWAYS hereinafter referred to as the State, and the TOWN OF AVON, STATE OF COLORADO hereinafter referred to as the Local Agency or as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 2 0 01 G/L Account Number 52046 , Contract Encumbrance Number-E-0 18 5 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, pursuant to Section 135 of the Federal-aid Highway Act of 1976 (Pub. L. 94-280), 23 U.S.C. Section 219, as amended, certain Federal funds have been allocated for the improvement of public roads and streets which are not on any Federal-aid highway system, such program being hereinafter referred to as the Safer Off-System Roads Program (SOS Program); and WHEREAS, pursuant to the aforesaid laws and regulations, public roads and streets not on any Federal-aid highway system ("Off System Roads") are eligible to be improved under the SOS Program at no cost to the State; and WHEREAS, the Federal Highway Administration (FHWA) has issued guidelines for implementation of the SOS Program in Volume 8, Chapter 2, Section 2 of the Federal Highway Program Manual (FHPM 8-2-2) which encourages the maximum use of simplified procedures as may be appropriate for these type of projects; and WHEREAS, in accordance with the guidelines presented in FHPM 8-2-2, the State and the FHWA have :.n 1980 approved the Safer Off-System Roads Plan, hereinafter referred to as the SOS Plan, which is incorporated herein and made a part hereof by re- ference; and WHEREAS, in accordance with the procedures established in the SOS Plan, the Special Highway Committee of Colorado Counties, Inc. and the Colorado Municipal League has selected a SOS Program project, identified as SOS 0044(3) for preliminary engineering and con- structionawhich consists of guard railing, of Nottingham Road (Frontage Rd) in the Town of Avon, CO within the Local Agency's juris- diction, hereinafter referred to as the work; and WHEREAS, Federa~-aid funds for this project are limited to $ 50,024 or the normal prorata share, whichever dollar amount is less; and WHEREAS, the Local Agency has submitted initial design data (D.O.H. Form 463-OS) to the State setting forth therein preliminary details, information and estimates of costs of this project, which data has been approved by the State; and WHEREAS, the matching ratio for this Federal-aid project is 78.00% Federal-aid funds to 22.00% Local agency funds it being under- stood 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 said work to be $ 64,133 and is prepared to match said Federal-aid with its share in the amount of $ 14,109 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 or by signature of the proper Local Agency officials; 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 of Sections 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 SOS Program project; and WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete, in the public interest, various portions of the work; and WHEREAS, the Local Agency has certified to the State that such work can be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: -2- TN PROJECT PROVISIONS 1. The State will provide liaison with the Local Agency through the State's District Engineer, District 3 , located at P.O. Box 2107, 606 So. 9th St., Grand Junction, CO 81501. Said District Engineer will also be responsible for coordinating the State's Activities under this contract. -3- GENERAL PROVISIONS' • A. The State will administer the SOS Program in accordance with the SOS Plan and require from the Local Agency only necessary plans, speci- fications and estimates. B. The Local Agency will arrange for preliminary engineering, design services and preparation of construction plans, special provisions and esti- mates in accordance with the requirements of the SOS Plan. C. Construction plans will be prepared in accordance with the requirements of the State's plan pre- paration procedure. D. The Local Agency will comply with-the applicable provisions of the State's Action Plan and SOS Plan, including all Federal directives contained therein by reference, and will in addition take appropriate actions relative to the following sections of the Federal-Aid Highway Program Manual (FHPM): 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. 3. FHPM, Volume 7, Chapter 7, Section 9, Air Quality Guidelines. E. 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, -4- Section 2, Administration of Negotiated Contracts. The contract with the consultant shall be preceded by an acceptable .proposal and may not be executed or awarded until the selection of the consultant and the 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 con- tract with the consultant has been awarded, 3 certi- fied copies of the contract shall be submitted to the State. F. The State will review said plans, special provisions and estimates and make only those changes necessary to assure compliance with State and FHWA require- ments. The State will afford the Local Agency ample opportunity to review the plans, special provisions and estimates, and said plans shall be considered ,h - final when approved and accepted by the parties hereto. The State will provide final assembly of construction plans, special provisions and contract documents. In the event all or part of the work is to be contracted, the State will advertise the call for bids, and upon concurrence by the Local Agency award the construction contract(s) to the lowest responsible and qualified bidder(s). G. The Local Agency will be responsible for acquiring any additional rights of way required for the com- pletion 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.. -5- H. The Stater ill be responsible for assuring that the Local Agency has obtained proper clearnace or approval from any utility company which may become 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. I. 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 or 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. J. The Ote, or the Local-Agencyh approval from the State, will be responsible for the supervision of the construction of the project, with periodic inspections by the FHWA. Supervision will include, but not be limited to, field and office engineering, inspection and materials testing, and traffic control through the project area. K. The Local Agency will provide and mark appropriate de- tours around the construction area to prevent any dis- turbances of the progress of the construction work due to traffic and also to protect the traveling public. L. In the event that all or part of the work is to be accomplished by force account rather than contract-as specified in paragraph F hereinabove, the Local Agency will insure that all work 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, para- graph 12b. Such agreed unit prices shall constitute a commitment as to the value of the work to be per- - formed. 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 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, 1979 or subsequent revisions thereof. All force account work shall have prior approval of the FHWA and shall 4-11 L not be inJi•ted until the State has sued a written n Lice 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. M. 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. N. 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. 0. 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 -8- Micies and procedures. T& 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 FH14A authorization for the project will not be charged to the project. 2. Costs incurred by the State The State will prepare monthly estimates of construction costs and/or other costs incurred by the State for work performed relative to the project. The State will prepare said estimates in accordance with the State's standard policies and pro- cedures. 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 word: to be per- formed under this contract and acceptance thereof by the State, FHWA, and the Local Agency, the State will submit a final recapitulation of project costs to the Local Agency and a final billing for the balance due of its share of participating costs plus all non-participating costs. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount as billed. In the event the Local Agency shall fail to make payments to the'State, as agreed, it hereby auth- orizes the State Treasurer.to withhold the amount of its outstanding obligation hereunder from the allocation due it from the Highway Users Tax Fund, either as -9- • press ibed in Section 43-4-209, C.R.S. 1973, as amended, for any city or in- corporated town or for compliance with Section 43-2-116,. C.R.S. 1973 as amended, for any county. Interim funds, until the State is reimbursed, 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. P. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbef ore is the best estimate available based on the design data as approved 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. If the bid is rejected, costs incurred by the State in project de- velopment may 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 F. above, 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 auth- orized representatives, agrees to provide additional funds if required to complete the.work under this pro j ect 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 paragraph 0. above. -10- Q. The pies hereto agree that A contract is con- tingent 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, 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.* R. The term of this contract, except for the provisions regarding maintenance, shall continue through the completion and final acceptance of the project by the State, FHWA and Local Agency. The covenants with regard to maintenance of the improvements con- structed 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 responsi- bility. S. 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. T. The Special Provisions attached hereto are hereby made a part of this contract. ; U. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. IN j:ITi.:ESS WHE OF, the parties hereto have caused the fore- gong contract to be executed the day and year first above written. ATT-ST: Chief Clerk. APPROVED : DAN S. MHITTEMORE State Controller By STATE OF COLORADO RICHARD D. LA-?TMi GOVERNOR STATE DEPART TrIENT OF HIGHWAYS JACK KINSTLINGER EXECUTIVE DIRECTOR DIVISION OF HIGM-7AYS By E. N. HAASE Chief Engineer APPROVED: J. D. MACFARLMIE Attorney General By TOWN AVON , . COLORADO . U Tit e -12- - LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COP/ES a i April, 1980 Nondiscrimination Provisions: In compliance with Title,,VI of the Civil Rights`Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Compliance with Regulations. The Contractor will comp y:wit t e-Regu ations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of-the Department of Transportation (Title 49, Code of Federal-Regula- tions, 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 it after award and prior to completion of the contract work, will not dis- criminate on the ground of race, color, sex, mental of physical handicap.or national origin in the selection and retention of Subcontractors, including procurements of-materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employ- ment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, Including Procure- ments o Materials an Equipment. In all solicita- tions either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractors' obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, mental or physical handicap or national origin. D. Information and Reports. The Contractor will pro- vide al information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of informa- tion, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and in- structions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts have been made to obtain the information. E. Sanctions for Noncompliance. In the event of the Uontractor s noncompliance with the non-discrimination provisions of this contract, the State shall impose such contract sanctions as it or the FHWA may deter- mine to be appropriate, including, 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 whole or in part. F. Incorporation of,Provisions. The Contractor will include-the provisions of Paragraphs A through F in every subcontract, including procurements 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 procure- ment as the State 6r°the FHWA may direct as a means of enforcing such provisions including sanctions 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 State to enter into such litigation to protect the interests of the State and, in addition, the,Contractor may request the FHWA to enter into such litigation to protect the interests of the United States. -2- F 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 (2434-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, flee foaowing provisions shwa 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 f 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 maybe 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 18-8401, et seq., (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is present. 9. The signatories ever 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 fast above writte STATE OF COLORADO RICHARD D. LAMM, GOVERNOR By Contractor "EXECUTIVE DIRECTOR. DEPARTMENT Position OF Social Security Number or Employer I APPROVALS ATTORNEY GENERAL (:ONTR ER By Page Z which is the last of Z pages