HomeMy WebLinkAbout7926RESOLUTION NO. 7926
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE
BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
RELATING TO THE PUEBLO MAIN STREET TRAIL ACCESS
PROJECT, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
An agreement dated July 29, 1996, between the City of Pueblo, a
municipal corporation, and the State Board of the Great Outdoors Colorado Trust
Fund, for the construction of the Pueblo Main Street Trail Access Project.
SECTION 2
A copy of the agreement, which is on file in the office of the City Clerk
after having been approved as to form by the City Attorney, is hereby approved.
SECTION 3
Funds will be paid from the 1997 Capital Improvements Fund.
SECTION 4
The President of the City Council is hereby authorized to execute and
deliver said agreement on behalf of the City of Pueblo, a Municipal Corporation, and
the City Clerk shall affix the seal of the City thereto and attest same.
INTRODUCED: AUGUST 12, 1996
BY: (Ath�L Garcia
COUNCIL PERSON
ATTESTED BY: �y APPROVED:
1TY CLERK PRESIDENT F THE CITY COUNCIL
e.: � >i 12-7
Trails Project NO. GOCO- 96 -2c 22 j � 1
STATE PARKS - GREAT OUTDOORS COLORADO
TRAIL
PROJECT AGREEMENT
THIS AGREEMENT, made this twenty -ninth day of July 1996, by and
between the Colorado Division of Parks and Outdoors Recreation, Colorado
Department of Natural Resources, hereinafter referred to as the "State ", and
City of Pueblo, Colorado hereinafter referred to as the "Contractor ".
WHEREAS, the Great Outdoors Program, Article XXVII Sections 1 through
11 of the Colorado Constitution, permits the State to provide certain funds to
match local investments to aquire, develop and manage open space, parks, and
environmental education facilities, and which will encourage cooperative
investments by other public or private entities for these purposes; and,
WHEREAS, the State desires to make a portion of such funds available
to the Contractor on a match basis for the purpose of constructing and improving
recreational trails and trailheads in Colorado; and,
WHEREAS, the Contractor has requested funds to develop the trail (s)
project described below, hereinafter referred to as the "Project ".
NOW THEREFORE, it is hereby agreed that:
1. The parties desire to enter into this Agreement to share equally
on the cost up to a total amount of $103,000.00 on the following described
Project: Pueblo Main Street Trail Access
State Fund Amount: Not to exceed $45,000.00 0.00 of the State Fund Amount
shall be advanced to the Contractor.
Project Name: Pueblo Main Street Trail Access
Project Period: From date Notice to Proceed through June 30, 1998
Project Scope (Description of Project) : Construct an 8' wide concrete trail, a
jogging trail and trailhead parking with environmental education kiosk
opportunities, retaining walls and erosion control vegetation. The trail will
be adjacent to the Arkansas River and connect the River Trail system with the
downtown business district.
2. The items listed above under "Project Scope" are listed in
priority order and have been approved by the State. The Contractor shall expend
monies and complete Project items in order of the priority listed above for all
of these approved expenditures. If the total Project amount has been expended
and the total Project is not complete, the Contractor must show that it made its
page 1 of 4 pages
expenditures on items listed in accordance with the established priority. Upon
the submission of documents for reimbursement of approved expenditures, the
State shall inspect the Project and conduct an audit. If it is found that
expenditures were made on items of a lesser priority before the completion of
a higher priority item, those items of lesser priority will not be reimbursed.
3. Plans and estimates for the Project prepared by the Contractor
are approved by the State and by reference made a part hereof.
4. The Contractor, for itself and its successors in interest,
accepts responsibility for operation and maintenance of the Project (including
law enforcement) for public outdoor recreational use for a minimum of twenty -
five (25) years.
5. Any lands used for this Project will not be converted to any
other use without prior written approval of the State. All improvements
resulting from the Project shall be maintained in a safe manner, and the
Contractor will periodically inspect the Project site to ensure litter removal
and weed control.
6. The Project, in whole or in part, may be terminated by the State
at any time before the date of completion for any of the following reasons: (a)
the Contractor has failed to comply with the terms of this Agreement; (b) the
Contractor has insufficient funds to complete the Project; (c) the Contractor
fails to begin work on this Project within one year of the effective date of
this Agreement. In the event the Project is terminated, the Contractor shall
nevertheless bring the Project to a point of usefulness as determined by the
State.
7. The State's participation in the Project is limited to providing
matching funds. The Contractor is solely responsible for the development,
construction, maintenance, and operation of the subject trail or trailhead and
shall indemnify, save and hold harmless the State, its employees and agents as
provided in paragraph 2 under "Special Provisions" of this Agreement.
8. The Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither the Contractor nor any
agent or employee of the Contractor shall be or shall be deemed to be an agent
or employee of the State. Contractor shall pay when due all required employment
taxes and income tax withholding, shall provide and keep in force worker's
compensation (and show proof of such insurance) and unemployment compensation
insurance in the amounts required by law, and shall be solely responsible for
the acts of Contractor, its employees and agents.
9. All terms of the Agreement shall be binding on and inure to the
benefit of the personal representatives, successors, or assigns of the parties.
parties.
10. This Agreement is not assignable without written consent of both
page 2 of 4 pages
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 of Colorado 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 fifty 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 the State official who will sign the contract, 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 upon the 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, provendor or other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work
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 is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or
cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance
with CRS 38 -26 -106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
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 (CRS 24 -34 -402), 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:
(a) 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.
(b) 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.
(c) The contractor will send to each labor union or representative of workers with which he has a 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 commitment under
the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor.
(d) 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.
(e) 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 work opportunity because of race,
creed, color, sex, national origin, or ancestry.
(f) 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 provision 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.
Form 6- AC -02B
Revised 1/93
page! of 4 pages
(g) 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 canceled, 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 Orders, 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.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor 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 subcontractor 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
6a. Provisions of CRS 8 -17 -101 & 102 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 be State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is
determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise
be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent
denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102).
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. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that
have been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18 -8301, et. seq., (Bribery and Corrupt Influences) and CRS 18- 8-401, et. seq., (Abuse of Public
Office), and that no violation of such provisions is present.
10. The signatories aver 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 Contract on the day first above written
Contractor:
(Full Legal Name)
c.i pal C nl:pQrati on
Position (Title) PreSident of Ci tY Council
STATE OF COLORADO
ROY ROMER, GOVERNOR
By G�
*5 EXECUTIV IREC OR
4- 6000615
Soul security N.. R, .x FWJ l I.D. N..k,
If Corporation:)
Attest (Seal)
By �- r A� —.— 1 La r,
e,rc,,„ . sa- y, -aie�,l. r„w 111 -ly 11-
ATTORNEY GENERAL
By
Form 6- AC -02C
Revised 1/93
DEPAIiTIEI�
OF ]�1(f�`� Q k 7 - - L Xk. 0zQ
APPROVALS
CONTROLLER
By
Page t which is the last ot� pages
COLORADO DIVISION OF PARKS
AND OUTDOOR RECREATION
DEPARTMENT OF NATURAL RESOURCES
AMENDMENT TO PROJECT AGREEMENT
PROJECT AMENDMENT NO. GOCO -96 -221
THIS AMENDMENT to Project Agreement No. GOCO -96 -221 is hereby made and agreed upon by
the Colorado Division of Parks and Outdoor Recreation, Department of Natural Resources, hereinafter
referred to as the "State ", and City of Pueblo, Colorado hereinafter referred to as the "Contractor ".
The State and the Contractor, in mutual consideration of the promises made herein and in the agreement
referenced above, of which this is an amendment, do promise as follows:
The following paragraph is to be included as part of the contract:
Any and all financial obligations imposed upon the Contractor under this Agreement in any
subsequent fiscal year of the Agreement are contingent upon and subject to annual budgeting and
appropriations.
In all other respects the agreement of which this is an amendment, and the plans and specifications
relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have
executed this amendment as of the date entered below.
COLORADO DIVISION OF PARKS
AND OUTDOOR RECREATION
CONTRACTOR
By
(Signature)
"�� y1r
(Name)
•
(Title)
� w W, M&P
(Date)
(Sign re)
Fay R_ Kast el i
(Name)
President of City Council
(Title)
Au"st 12, 1996
(Date)
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PUEBLO'S MAIN STREET TRAIL ACCESS
REVISED -JUNE 1996
(C) PROJECT BUDGET
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GRANT AWARD
Sept 1996
$45,000
$45,000
APPLICANTS FUNDS
IN-KIND PROF.
SERVICES
Cash Match:
- Pueblo Conservancy Dist.
Jan 1997
$20,000
$20,000
- City of Pueblo
Jan 1997
$20,000
$20,000
- Friends of the River Trail
Sept 1996
$15,000
$15,000
In-Kind Services from City
of Pueblo:
Sept-Dee 1996
$3,000
$3,000
surveying/engineering
TOTAL SOURCES OF
FUNDS
$45,000
$55,000
$3,000
$103,000
OF FVNIA'
D, I Th GRL'A 1' .4 P1 1 1.ft A,% 1"I.V-KIND
7'07AL
01, I'D0016
PROFESSIONAL
Sept-Dec 1996 $3,000
$3,000
SERVICES
SITE PREPARATION,
Oct 1996
$7,000
$8,000
$15,000
EARTHWORK/GRADING -
to
includes vegetation clearing,
Oct 1997
topsoil removal, rough and
fine grading, and topsoil
replacement, etc.
RETAINING WALLS -
same
$3,000
$4,000
$7,000
includes the construction of
approx. 400 linear feet of dry
laid concrete block wall
TRAILHEAD PARKING
same
$10,000
$10,000
$20,000
LOT AREA - includes the
construction of an asphalt 10
vehicle parking lot, curb and
gutter, accessible space, etc.
TRAIL - includes the
same
$21,000
$21,000
$42,000
construction of approx. 1700
linear feet of an 8 foot
concrete trail with base
CRUSHER FINES TRAIL-
same
$1,000
$3,000
$4,000
includes the construction of a
3 foot jogging/ped. trail
adjacent to the conc. trail
VEGETATION - includes
same
$1,000
$5,000
$6,000
reseeding, replacing trees
and plant materials
BIKE RACK & KIOSK
same
1 $2,000
$4,000
1 $6,000
TOTAL USES OF FUNDS
same
1 $45,000
$58,000
1 $103,000