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a. it shall appoint a qualified professional engineer, licensed in the State of <br /> Colorado, as the State Agency Project Engineer (SAPE), to perform that <br /> administration. The SAPE shall administer the project in accordance with <br /> this contract, the requirements of the construction contract and applicable <br /> State procedures. <br /> b. if bids are to be let for the construction of the project, the State shall, in <br /> conjunction with the Local Agency, advertise the call for bids and upon <br /> concurrence by the Local Agency will award the construction contract(s)to <br /> the low responsive, responsible bidder(s). <br /> (1) in advertising and awarding the bid for the construction of a federal- <br /> aid project,the State shall comply with applicable requirements of 23 <br /> USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et <br /> seq. Those requirements include, without limitation, that the <br /> State/contractor shall incorporate Form 1273 in its entirety verbatim <br /> into any subcontract(s) for those services as terms and conditions <br /> therefore, as required by 23 CFR 633.102(e). <br /> (2) the Local Agency has the option to concur or not concur in the <br /> proposal of the apparent low bidder for work on which competitive <br /> bids have been received. The Local Agency must declare its <br /> concurrence or non-concurrence within 3 working days after said bids <br /> are publicly opened. <br /> (3) by indicating its concurrence in such award,the Local Agency,acting <br /> by or through its duly authorized representatives, agrees to provide <br /> additional funds, subject to their availability and appropriation for <br /> that purpose and subject to execution of an amendment to this <br /> contract, if required to complete the Work under this Project if no <br /> additional federal-aid funds will be made available for the Project. <br /> c. If all or part of the construction work is to be accomplished by State <br /> personnel (i.e. by force account), rather than by a competitive bidding <br /> process, the State will ensure that all such force account work is <br /> accomplished in accordance with the pertinent State specifications and <br /> requirements with 23 CFR 635, Subpart B, Force Account Construction. <br /> Section 7. ROW Acquisition and Relocation <br /> If the Project includes right of way, prior to this Project being advertised for bids, the <br /> Responsible Party will certify in writing to the State that all right of way has been acquired in <br /> accordance with the applicable state and federal regulations, or that no additional right of way is <br /> required. <br /> Any acquisition/relocation activities must comply with: all applicable federal and state <br /> statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real <br /> Page 6 of 12 <br />