HomeMy WebLinkAbout8165RESOLUTION NO. 8165
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO
DEPARTMENT OF LOCAL AFFAIRS, ENERGY /MINERAL IMPACT AS-
SISTANCE FUNDS, AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1
An agreement for Energy Mineral Impact Assistance Funds between the City of
Pueblo, a Municipal Corporation, and the Colorado Department of Local Affairs, a
nonprofit corporation, a copy of which is attached and incorporated and having been
approved as to form by the City Attorney, is hereby approved.
SECTION 2
The President of City Council is hereby authorized to execute and deliver said
contract 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.
SECTION 3
This resolution shall become effective upon final passage.
INTRODUCED: July 14, 1997
BY: Samuel Corsentino
COUNCIL PERSON
APPROVED:
PRESIDENT OF THE CITY COUNCIL
ATTE T:
CITY CLERK
EIAF - #3357
Revised May 1, 1996
Severance Tax Fund
CONTRACT
DEPARTMENT OR AGENCY
NAA
CONTRACT ROUTING NUMB
/C
THIS CONTRACT, made thiso&c>_; day of _ ' 1997, by and between the State of
Colorado for the use and benefit of the Department of Lo6bI Affairs: 313 Sherman Street, Denver, Colorado
80203 hereinafter referred to as the State, and the City of Pueblo. No. 1 City Hall Place, P. O. Box 1427,
Pueblo, Colorado 81003 , hereinafter referred to 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 avail le for ayment in Fund Number 152
Appropriation Code Number 127 , Org. Unit FBAO GB �?, Contract Encumbrance Number
FRS3357 ; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate
agencies; and
WHEREAS, the State desires to assist local governments and political subdivisions of the State that are
experiencing social and economic impacts resulting from the development of energy and mineral resource industries
in Colorado; and
WHEREAS, pursuant to 39 -29 -101 to 116, C.R.S., 1982 Rep. Vol., the Local Government Severance Tax
Fund has been created, which fund is administered by the Department of Local Affairs herein referred to as the
"Department", through the Energy and Mineral Impact Assistance program; and
WHEREAS, pursuant to section 39- 29- 110(1)(a) and (b)(1) C.R.S.(1982), as amended, the Executive Director
of the Department is authorized to distribute funds from the Local Government Severance Tax Fund to those political
subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and
mineral fuels for the planning, construction, and maintenance of public facilities and for the provision of public services;
and
WHEREAS, the Contractor, a political subdivision eligible to receive energy /mineral impact assistance, has
applied to the Department for assistance; and
WHEREAS, the Executive Director of the Department desires to di ibut said funds pursuant to law; and
WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from the Local
Government Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions as
hereinafter set forth;
NOW THEREFORE, it is hereby agreed that:
1. Scope of Services In consideration for the monies to be received from the State, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as
indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred to as the "Project." Work
performed prior to'the execution of this Contract shall not be considered part of this Project.
2. Responsible Administrator The performance of the services required hereunder shall be under the direct
supervision of Mel Murray , an employee or agent of the Contractor, who is hereby designated as the
administrator -in- charge of this Project. At any time the administrator -in- charge is not assigned to this Project, all work
shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in- charge and the
State receives notification of such replacement assignment.
Page 1 of 7 Pages
3. Time of Performance This Contract shall become effective upon the proper execution of this Contract.
The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall
be undertaken and performed in the sequence set forth in the'Time of Performance' Section contained in the attached
Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall
not be considered eligible expenditures for reimbursement from the State.The Contractor agrees that time is of the
essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no
later than the completion date set forth in the "Time of Performance" Section of Exhibit A.
4. Authority to Enter into Contract and Proceed with Project The Contractor assures and warrants that it
possesses the legal authority to enter into this Contract. The persons signing and executing this Contract on behalf
of the Contractor do hereby warrant and guarantee that they have full authorization to executive this Contract. In
addition, the Contractor represents and warrants that it currently has the legal authority to proceed with the Project,
or, if the structure of the Project is such that a decision by the electorate is required, the Contractor has held such an
election and secured the voter approval necessary to allow the Project to proceed.
5. Compensation and Method of Payment
Grant Funds: Method of Payment In consideration for the work and services to be performed hereunder,
the State agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund, in an amount
not to exceed TWO HUNDRED THOUSAND AND NO /100 -------- Dollars ( $200.000.00 ). The method and
time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in Exhibit A.
6. Reversion of Excess Funds to the State
a) Any State funds not expended in connection with the Project shall be remitted to the State upon
completion of the Project or a determination by the State that the Project will not be completed.
b) It is expressly understood that if the Contractor receives funds from this Contract in excess of its
fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no circumstances
shall excess funds from this Contract be refunded to other parties.
7. Financial Management At all times from the effective date of this Contract until completion of this Project,
the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated
with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and
specific manner, and shall be in accordance with the "Budget' Section set forth in Exhibit A. Contractor may adjust
individual budgeted expenditure amounts up the limitations set forth in Paragraph 8.b) of the main body of this Contract
without approval of the State. Any budgetary modifications that exceed the limitations set forth in Paragraph 8.b) must
adhere to procedures set forth in Paragraph 8.c) in order to modify the Contract budget.
8. Modification and Amendments
a) Modification by Operation of Law This Contract is subject to such modifications as may be required
by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be
part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Changes This Contract has a simplified Change Letter procedure for
modifying this Contract for the following reasons:
i) unless otherwise specified in the Scope of Services, when cumulative budgetary line
item changes exceed Twenty Thousand Dollars ($20,000.00);
ii) when any budget transfers to or between administration budgetary categories are
proposed;
iii) when the scope, objective or completion date of the Project changes as determined
by the Department;
iv) when additional or less State funding is needed;
v) when there are additional federal statutory or regulatory compliance changes in
accordance with Paragraph 23 of the Original Contract.
Page 2 of 7 Pages
Under such circumstances, the Department's approval is not binding until memorialized in a fully executed Change
Letter as specified in subparagraph c).
c) Change Letter Process Contractor must submit a written request to the Department if programmatic
or budgetary modifications are desired. Paragraph 5, Compensation and Method of Payment; Paragraph 23,
Compliance with Applicable Laws; and Exhibit A, Scope of Services, may be modified by Change Letter, signed by
the State and the Contractor. Upon proper execution and approval, such Change Letter shall become an amendment
to the Contract, effective on the date specified in the Letter. No such Change Letter shall be valid until approved by
the State Controller or such assistant as he may designate. All other modifications to this Contract must be
accomplished through amendment to the Contract pursuant to fiscal rules and in accordance with subparagraph 8.d).
d) Other Modifications If either the State or the Contractor desires to modify the terms of this Contract
other than as set forth in subparagraphs b) and c) above, written notice of the proposed modification shall be given
to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment
to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this
subparagraph will require the approval of other appropriate state agencies, e.g. Attorney General, State Controller,
etc.
9. Audit
a) Discretionary Audit The State, through the Executive Director of the Department, the State Auditor,
or any of their duly authorized representatives, including the right to hire an independent Certified Public Account of
the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall
have the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and
other relevant documents. Such discretionary audit may be requested at any time and for any reason from the
effective date of this Contract until five (5) years after the date final payment for this Project is received by the
Contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit Whether or not the State calls fora discretionary audit as provided above, the
Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit Law,
C.R.S. 973, 29 -1 -601, et M and the Single Audit Act of 1984, Pub. L. 98 -502, and Federal and State implementing
rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor.
Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related
to the relevant audit report. If the audit reveals evidence of non - compliance with applicable requirements, the
Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other
judicial or administrative actions filed pursuant to C.R.S. 1973, 29 -1 -607 or 29- 1-608.
10. Personnel The Contractor shall perform its duties hereunder as a Contractor and not as an employee
of the State. Ne"rther the Contractor nor any agent or employee of the Contractor 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 the Contractor,
its employees and agents.
The Contractor is responsible for providing Workers Compensation Coverage and Unemployment
Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for
themselves. In no case is the State responsible for providing Worker's Compensation Coverage for any employees
or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs
for which the State may be found liable in this regard.
11. Contractor, An Independent Contractor Contractor shall be an independent Contractor and shall have
no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except
as expressly set forth herein.
12. Conflict of Interest The Contractor shall comply with the provisions of C.R.S. 18-8 -308 and C.R.S. 24 -18-
101 through 24 -18 -109.
13. Contract Suspension If the Contractor fails to comply with any contractual provision, the State may, after
notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring
additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in
accordance with provisions herein. The State may determine to allow such necessary and proper costs which the
Page 3 of 7 Pages
Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and
reasonable for the conduct of the Project.
14. Contract Termination This Contract may be terminated as follows:
a) Termination Due to Loss of Funding The parties hereto expressly recognize that the Contractor
is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting
for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights,
demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the
State. In the event that such funds or any part thereof are not received by the State, the State may immediately
terminate or amend this Contract.
b) Termination for Cause If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving
written notice to the Contractor of such termination and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this
Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any
payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State
from the Contractor is determined.
c) Termination for Convenience The State may terminate this Contract at any time the State
determines that the purposes of the distribution of State monies under the Contract would no longer be served by
completion of the Project. The State shall effect such termination by giving written notice of termination to the
Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. In the event of termination for convenience, all finished or unfinished documents and other materials as
described in subparagraph 14.b) above shall, at the option of the State, become its property. If the Contract is
terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bear to the total services of the Contractor covered by this
Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60 %)
of the services covered by this Contract have been performed upon the effective date of such termination, the
Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses
(not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly
attributable to the uncompleted portion of the services covered by this Contract.
15. Integration This Contract, as written, with attachments and references, is intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion
or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract
amendment incorporating such changes, executed and approved pursuant to applicable law.
16. Severability To the extent that this Contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should
any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall
not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as waiver of any other term nor as waiver of a subsequent breach of the same term.
17. Binding on Successors Except as herein otherwise provided, this agreement shall inure to the benefit
of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns.
18. Assignment Neither party, nor any subcontractors hereto, may assign its rights or duties under this
Contract without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case
release the Contractor of liability under this Contract.
19. Survival of Certain Contract Terms Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which
may require continued performance or compliance beyond the termination date of the Contract shall survive such
Page 4 of 7 Pages
termination -date and shall be enforceable by the State as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
20. Successor in Interest In the event the Contractor is an entity formed under intergovernmental agreement
and the project is for the acquisition, construction or reconstruction of real or personal property to be used as a public
facility or to provide a public service, the Contractor warrants that it has established protections that ensure that in
the event the Contractor entity ceases to exist, ownership of the property acquired or improved shall pass to a
constituent local government or other eligible governmental successor in interest so that the property can continue
to be used as a public facility or to provide a public service.
21. Non - Discrimination The Contractor shall comply with all applicable State and Federal laws, rules,
regulations and Executive Orders of the Governor of Colorado involving non - discrimination on the basis of race, color,
religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of
this Contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents,
consultants or subcontractors under this Contract Contractor may utilize the expertise of the State Minority Business
Office within the Office of the Governor for assistance in complying with the non - discrimination and affirmative action
requirements of this Contract and applicable statutes.
22. Minority Business Enterprise Participation It is the policy of the State of Colorado that minority business
enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant
contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and
consistent with the efficient performance of this Contract As used in this Contract, the term "minority business
enterprise" means a business, at least fifty percent (50 %) of which is owned by minority group members, or, in the
case of publicly owned businesses, at least fifty-one percent (51 %) of the stock of which is owned by minority group
members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish -
speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor
may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority
enterprises and need not conduct an independent investigation.
23. Compliance with Applicable Laws At all times during the performance of this Contract, the Contractor
shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
Page 5 of 7 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, viaduc 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 speed 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 3 8-26 -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 practice (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 subcontracts.
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 of the 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 of 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 ac 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.
Form 6 -AC -02B
Revised 1/93
395 -53 -01 -1022
Page 6 of 7 Pages
(g) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or with any 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, or by 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.
(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 by 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. Pursuant to CRS 24-30 -202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a)
unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid
loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e)
other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgement
as certified by the controller.
10. The signatories aver that they are familiar with CRS 18 -8 -301, 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.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoe er 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) CITY OF PUEBLO, COLORADO
BY: �. '
Position (Title) PRESIDE T _
84- 6000615
Social Socur*y Nu bw or Fed" 10 Nun bar
STATE OF COLORADO
ROY R R, GO _
By
ExeCyTIVE Di CTO L rry Kallenberger
YV
DEPARTMENT
OF Local Affairs
(If Corporation:)
Attest (Seal) APPROVALS
By STATE CONTROLLER
Corpornn Srr *FW�nS TowrvCRy,CourKy Clerk
Clifford W. Hall
PRE- APPOVE R FORM ONTRACT REVIEWER By A-,-,-
By By Rose Marie Aute
Form 6- AC -02C
Revised 7/97
395 -53 -01 -1030 Page —7 which is the last of 7 Pages
EXHIBIT A
SCOPE OF SERVICES
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
1313 Sherman Street, Suite 323
Denver, Colorado 80203
Phone: (303) 866 -2771
FAX: (303) 866 -2251
TDD: (303) 866 -5300
July 28, 1997
City of Pueblo
Attn: Mel Murray
No. 1 City Hall Place
P.O. Box 1427
Pueblo, CO 81003
RE: EIAF #3357 - Arkansas River Park Improvement Contract
Dear Mr. Murray:
We received your Energy Impact Severance Tax contract in the mail
and during the processing discovered that it contained an outdated signature
page. The new signature pages went into effect July 1 st. Any contracts
received after that date have to have the new signature page. The
difference is item #9.
Roy Romer
Governor
Larry Kallenberger
Executive Director
I am sending the new revised signature page to be signed and the
old completed one for your comparison. If you return them to me within the
next week, I will expedite the processing. I am sorry for any inconvenience
this may cause. If you have any questions please don't hesitate to call me at
(303) 866 -2253.
Sincerely,
k--11 e
C/` `
Mary L. dornish, Program Assistant
DOLA/Field Services Section
o Co to
aQ
e
v O
* e
* 7676 �`
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
Western Slope
State Services Building, Room 409
222 South Sixth Street
Grand Junction, Colorado
Phone: (970) 248 -7310
FAX: (970) 248 -7317
June 5, 1997
Mr. Mel Murray
City of Pueblo
No. 1 City Hall Place
Pueblo, CO 81003
rte"
Roy Romer
Governor
RE: EIAF #3357 - Pueblo /Historic Arkansas Riverwalk
Dear Mr. Murry,
Enclosed are three copies of the contract for the above - referenced Energy/
Mineral Impact Assistance project. If the contract is satisfactory to the City of
Pueblo as written, please have the Mayor sign each copy on page 7 of 7
pages. An attesting signature by the City Clerk and an attesting seal are also
required on each copy.
Please leave the contract undated. Send the three signed copies of the
contract and the enclosed routing memo to:
Department of Local Affairs
Field Services Section
ATTENTION: Mrs. Mary Cornish
1313 Sherman Street, Room 323
Denver, CO 80203
If you have any questions, please call Mark Lowrey in Pueblo at 544 -6577, or
me in Grand Junction (970- 248 - 7311).
Sincerely,
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Mary Lou Welch
Administrative Program Specialist
Enclosures
cc: Mark Lowrey
,
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
Western Slope
State Services Building, Room 409
222 South Sixth Street
Grand Junction, Colorado
Phone: (970) 248 -7310
FAX: (970) 248 -7317
MEMORANDUM
Roy Romer
Governor
TO: Mary Cornish
THROUGH: Mel Murray
FROM: Mary Lou Welchffil
DATE: June 5, 1997
RE: Contract Approvals
FOR FINAL APPROVAL ROUTING (3 COPIES ENCLOSED):
EIAF #3357 - Pueblo /Historic Arkansas Riverwalk
V Contractor's Federal I.D.# on file with Accounting
Form sent to Contractor to complete
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
1313 Sherman Street, Suite 323
Denver, Colorado 80203
Phone: (303) 866 -2771
FAX: (303) 866 -2251
TDD: (303) 866 -5300
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Roy Romer
Governor
Larry Kallenberger
Executive Director
TO: City of Pueblo
ATTN: Mel Murray
MEMORANDUM
FROM: Mary L. Cornish /DOLA/FS
DATE: August 15, 1997
SUBJECT: EIAF #3357 - Executed Contract
I have enclosed a fully executed copy of the above referenced Mineral Lease
Fund Impact contract for your files. Should you need any further assistance,
please feel free to contact Mark Lowrey at (719) 544 -6577.
Thank you.
EIAF - #3357
EXHIBIT A
SCOPE OF SERVICES
1.
2.
3.
4.
PROJECT DESCRIPTION. OBJECTIVES. & REQUIREMENTS
The Project entails the construction of two public facilities improvements as stand -alone elements of the
City of Pueblo, Colorado's (Contractor's) overall downtown redevelopment and urban renewal program
known as the "Historic Arkansas Riverwalk" project.
Specifically, the elements to be financed with Project funds include the development of a 32 -space
parking lot and 9,000 square yards of paving on Main Street.
Energy/Mineral Impact Assistance funds in the amount of $200,000 are provided under this Contract to
finance Project costs. The Contractor is expected to provide $16,228 In Project financing, and, in any
event, is responsible for all Project cost in excess of the $200,000 grant amount.
A construction contract has been awarded to a qualified firm, Lawrence Construction Company, Littleton,
Colorado, through a formal public bid process, with Lawrence Construction Company being the lowest
responsible bidder meeting the Contractor's specifications. The specific work elements of this Project
will be awarded through formal change orders to the original construction contract.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall
be submitted to the Department of Local Affairs, Field Services Section, upon execution, and any and
all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable
Federal and Colorado State laws and shall be governed by the laws of the State of Colorado
notwithstanding provisions therein to the contrary.
ENERGY AND MINERAL IMPACT
Approximately 1,598 Pueblo residents are employed in energy /mineral - related jobs. The most recent
setback to the local economy is the Union Pacific- Southern Pacific merger which is expected to result
in the loss of approximately 139 jobs.
TIME OF PERFORMANCE
The Project shall commence upon the full and proper execution of this Contract and shall be completed
on or before December 31, 1997. However, in accordance with Paragraph 8 contained within the main
body of this Contract, the Project time of performance may be extended by Change Letter, subject to
mutual agreement of the State and Contractor. To initiate this process, a written request shall be
submitted to the State by the Contractor at least thirty (30) days prior to December 31, 1997, and shall
include a full justification for the time extension.
BUDGET
REVENUE EXPENDITURES
Energy/Mineral Impact Assistance $200,000 Parking Lot (32 spaces) $ 34,578
Grant Funds
Main Street Paving 181,650
Contractor Funds 16,228 (9,000 sq.yds.)
TOTAL $216,228 TOTAL $216,228
Page 1 of 2 Pages
EIAF - #3357
EXHIBIT A
SCOPE OF SERVICES
5. PAYMENT SCHEDULE - GRANT AGREEMENT
a. $ 20,000 Initial grant payment.
b. 160,000 Interim payment requests.
C. 20,000 Final payment.
$200,000 TOTAL
6. CONTRACT MONITORING
The State shall monitor this Contract on an as- needed basis.
7. REPORTING SCHEDULE
The Contractor shall submit financial and narrative status reports detailing Project progress and
properly documenting all to-date expenditures of Energy/Mineral Impact Assistance funds at the time
payment requests are made, in accordance with the Payment Schedule contained in Exhibit A.
Page 2 of 2 Pages