HomeMy WebLinkAbout8175RESOLUTION NO. 8175
A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF COLORADO
FOR USE AND BENEFIT OF THE DEPARTMENT OF HIGHER
EDUCATION, COLORADO HISTORICAL SOCIETY FOR PROJECT
NO. 96 -02 -027, PRESERVATION GUIDELINES FOR DOWNTOWN
PUEBLO, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
SECTION 1
A contract which sets forth the project's scope of work,
standards and specifications, products, budget, and project time and
payment schedule for Project No. 96 -02 -027 "Preservation Guidelines
for Downtown Pueblo," a copy of which is attached hereto and on file
at the office of the City Clerk, having been approved as to form by
the City Attorney and is hereby approved.
SECTION 2
The President of the City Council is hereby authorized to
execute and delivery 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.
SECTION 4
The $20,000 match required for that contract will be paid
from the appropriate line items within the 1997 Department of
Planning and Development Account, 001 - 0100 -111.
INTRODUCED: JULY 14, 1997
BY: Fay B. Kastel is
COUNCILPERSON
APPROVED:
PRESIDEN OF ITY COUNCIL
ATTE
CITY CLERK
Form 6- AC- 02A(R5/91)
Department or Agency name
Colorado Historical Society
Department or Agency number
GCA
Routing Number
APPROVED WAIVER FORM
CONTRACT
THIS CONTRACT, Made this I* day of 1997, by and between the State of Colorado for the
use and benefit of the Department of Higher Education, Color do Historical Society, 1300 Broadway, Denver, Colorado
80203, hereinafter referred to as the State and/or the Society, and the City of Pueblo, 1 City Hall Place, 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 uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract
under Encumbrance Number in Fund Number 401 Appropriation Account 401 and
Organization SHFG ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, the State desires to assist public and private applicants in the historic preservation and restoration of historical
sites and municipalities throughout the state; and
WHEREAS, pursuant to Article 12- 47.1 -1201 of the Colorado Revised Statues otherwise known as the "Limited Gaming
Act of 1991 ", provides for the annual distribution of monies from the State Historical Fund created by Subsection (5)
(b) (III) of Section 9 of Article XVIII of the state constitution; and
WHEREAS, the Colorado Historical Society is the principal agency authorized by the state to administer such funds for the
purpose of providing historic preservation grants; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award;
and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement') sets forth the Project Scope of Work, Standards and
Specifications, Products, Budget and Project Time and Payment Schedule, hereinafter referred to as the "Project' ,
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of Project #96 -02 -027, "Preservation
Guidelines for Downtown Pueblo," in accordance with the Project Scope of Work attached hereto as Exhibit
A, including all applicable plans and specifications, which are hereby made a part of this Contract by reference.
If indicated below such plans and specifications developed during the contract period shall become a part of
this Contract and shall control the project performance upon written approval thereof by the State in the form
attached hereto as Attachment 4.
page 1 of 9 pages
a. Plans and specifications are (check one):
X not required.
_ have been developed, are dated and are hereby made a part of this Contract.
_ are to be developed during the Contract period.
I nitials /State Representative
Initials /Grant Recipient
2. Any modification of the implementation of this Project must receive prior written approval of the State
Historical Society, and be properly incorporated into this Contract by amendment in accordance with the State's
Fiscal Rules.
3. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the
products described in accordance with the pertinent sections of the Secretary of the Interior's Standards for
Archaeology and Historic Preservation and, as applicable, the Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating of Historic Buildings for Development Projects, and the
National Register Bulletin 16, Guidelines for Completing National Register of Historic Places Forms, National
Park Service, 1991, for a National Register Form Preparation Project. Contractor shall perform any and all
survey activities and products in accordance with the Colorado Historical Society's Survey Manual and How to
Complete Colorado Cultural Resource Inventory Forms, Third Edition, 09/91 for any and all survey activities
and projects (copies of which are available through the Society).
4. COPYRIGHT: Unless otherwise specified in Exhibit A, Project Scope of Work, Standards and Specifications,
the Contractor is free to copyright books, publications, or other copyrightable materials and/or products
developed in the course of, or under a project financed either wholly or in part by a Colorado Historical
Society, State Historical Fund grant. Other copyrightable materials and/or products developed or produced
under this contract will be subject to a royalty-free, nonexclusive, and irrevocable license to the Society to
reproduce, publish, or otherwise use, and authorize others to use, the work for Society and/or State Historical
Fund purposes.
For purposes of this subsection the term products shall include, but is not limited to, architectural plans and
specifications, books, publications, brochures, manuscripts, video tapes or sound recordings, photographs,
computer programs, computerized data, plans, drawings, specifications or other graphical representations, and
works of any similar nature which are submitted with a proposal or grant application or specified to be
delivered as a product under a SHF grant.
5. REMEDIES: In addition to any other remedies at law or equity or specified elsewhere in this Contract, the
State shall have the right to withhold payment, declare all or part of the work ineligible for reimbursement, or
take other corrective action if the Contractor fails to perform these activities in accordance with the Standards,
the SHF Grants Manual and/or the terms and conditions of this Contract.
CONTRACT PERIOD: The term of this Contract shall be from August 1, 1997 through
September 1, 1998.
The Project Scope of Work must be commenced within sixty (60) days of the Contract beginning date unless a
longer period is approved in writing by the State Historical Fund (SHF) Administrator. The Project Scope of
Work must be completed no later than thirty (30) days prior to the Contract ending date.
COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A
and subject to the Project Time and Payment Schedule set forth in Exhibit B, the State shall pay to the
Contractor on an expense reimbursement basis a grant not to exceed twenty five thousand dollars
($25,000). Any and all Project costs in excess of this grant amount are the responsibility of the
Contractor.
page 2 of 9 pages
Unless otherwise specified in Exhibit B, the State shall advance thirty- percent (30 %) of the total grant amount upon
proper execution of this contract and upon submission of a SHF Payment Request, forty- percent (40 %) will be paid
to the Contractor upon submission and approval of the Interim SHF Status and Financial Report. The remaining
thirty- percent (30 %) of the grant amount shall be paid following Contractor's submission and the State's approval of
the Final SHF Status and Financial Report, Final Report and SHF Payment Request Form (Attachments 1, 2 and 3).
All payments are subject to the satisfactory completion of milestones described in Exhibit B and submission by
Contractor of documented proof of expenditures with each financial report.
Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($5,000 and under) shall receive
a portion, as defined in Exhibit B, of their award upon proper execution of this Contract. The remaining balance of
the award shall be paid following Contractor's submission of the Final SHF Project Status and Financial Report and
Final Report.
Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for
State reimbursement. If the Project involves matching funds the SHF may permit prior expenditures in furtherance
of the Project Scope of Work to be counted as part of such matching funds. Any such previously expended funds
allowed toward the match amount shall be noted in Exhibit C.
8. ACCOUNTING: At all times from the effective date of this Contract until completion of this Project, the Contractor
shall maintain properly segregated books 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 accord with the Budget set forth in Exhibit C. Contractor may adjust budgeted expenditure
amounts up to ten percent (10 %) within said Budget without approval of the State and document in the next financial
report. Adjustments of budget expenditure amounts in excess of ten percent (10 %) must be authorized by the State
in an amendment to this Contract properly executed and approved pursuant to the State Fiscal Rules. In no event
shall the State's total consideration exceed the amount shown in Paragraph 6 above. Interest earned on funds
advanced by the State shall be applied to eligible project expenditures, must be documented in financial
reports, and will be deducted from the final payment.
9. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's
records, books, and accounts, including the right to hire an independent Certified Public Accountant of the State's
choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any
reason from the effective date of this Contract until three (3) years after the date final payment for this Project is
received by the Contractor provided that the audit is performed at a time convenient to the Contractor and during
regular business hours.
10. PARTIES RELATIONSHIP: THE CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF
THE STATE. CONTRACTOR SHALL HAVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND THE
STATE TO ANY AGREEMENTS OR UNDERSTANDINGS WITHOUT THE EXPRESS WRITTEN CONSENT
OF THE STATE. THE CONTRACTOR REPRESENTS THAT IT HAS, OR SHALL SECURE AT ITS OWN
EXPENSE ALL PERSONNEL BY THE CONTRACTOR UNDER THIS CONTRACT. THE CONTRACTOR IS
RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT
COMPENSATION COVERAGE FOR ALL OF ITS EMPLOYEES TO THE EXTENT REQUIRED BY LAW,
AND FOR ENSURING THAT ALL SUBCONTRACTORS MAINTAIN SUCH INSURANCE. CONTRACTOR
SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING.
ALL OF THE SERVICES REQUIRED HEREUNDER SHALL BE PERFORMED BY THE CONTRACTOR OR
UNDER HIS SUPERVISION.
11. REPRESENTATIVES: For the purpose of this contract, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in writing new or substitute
representatives:
For the State: Gloria J. Muniz Contracts Officer
Name Title
For the Contractor: Catherine A. Green Senior Planner
Name Title
page 3 of 9 pages
12. NOTICES: All notices required to be given by the parties hereunder shall be given by certified or registered
mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing
substitute addresses or persons to whom such notices shall be sent.
To the State: Gloria J. Muniz
Contracts Officer
Colorado Historical Society
State Historical Fund
225 E. 16th Avenue, Suite 260
Denver, Colorado 80203
To the Contractor: Catherine A. Green
Senior Planner
Dept. of Planning and Development
City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
13. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this
contract that no qualified individual with a disability shall, by reason of such disability, be excluded from
participation in, or denied to benefits of the service, programs, or activities performed by the Contractor, or be
subjected to any discrimination by the Contractor upon which assurance the State relies. Further, all real
property improvements shall conform to applicable ADA requirements.
14. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society
with copies of any archaeological surveys developed during the course of, or under a project financed either
wholly or in part by the Society. Contractor agrees to otherwise restrict access to such archaeological surveys,
as well as access to any other information concerning the nature and location of archaeological resources, in
strict accordance with the provisions of the Colorado Historical Society, Office of Archaeology and Historic
Preservation, Policy on Dissemination of Information, adopted October 1991, a copy of which is available from
the Society.
15. REPORTS: The Contractor shall deliver to the State Project SHF Status and Financial Reports (Attachment 1)
documenting the progress of the Project, and the Final Report (Attachment 2), as described in the Project Time
and Payment Schedule (Exhibit B). The Contractor further agrees that reports are to be completed on State
provided forms (Attachments 1 -3). Failure to meet the report deadlines may result in termination of the
Contract.
16. MATCHING FUNDS: The Contractor agrees to make available the necessary funds to complete the Project
and provide matching funds, if applicable, in accordance with the Project Budget as set forth in Exhibit C. In
the event that said matching funds become unavailable, the state may, in its sole discretion, reduce its total
funding commitment to the Project in proportion to the reduction in matching funds. The Contractor further
agrees:
a. To the extent that this Project is funded from sources other than the State Historical Fund, expenditures in
furtherance of the Project shall be pro -rated among the funding sources in accordance with their
percentage of the total project budget; and
b. If the total funding set fourth in the Project Budget is not expended on completion of the Project, the
State shall be reimbursed its pro -rata share of the unexpended budget.
17. CONSULTANTS /SITE VISITS: The State shall have the right, but not the duty, to provide assistance in any
or all of the following manner:
a. Review any project planning documents and methods for conformity with the applicable standards,
manuals, and guidelines;
page 4 of 9 pages
b. Make recommendations to project personnel concerning the selection of an architect or other professional
consultants; and/or
C. Make site visits as determined necessary by the State before, during and/or at the conclusion of the
Project to provide on -site technical advice and to monitor progress.
Any exercise of the State's rights under this Paragraph 17 shall not relieve the Contractor of any of its Contract
obligations.
18. LETTER OF AGREEMENT: If required, in the sole discretion of the state, the provisions found in Exhibit D,
State Historical Fund Letter of Agreement, which is attached hereto and executed by the parties of this contract,
are hereby incorporated in this Contract and made a part hereof if indicated below:
a. Letter of Agreement Required: _ Yes X No
Initials /State Representative
a6WInitials/Grant Recipient
19. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE: When issuing press releases, official
statements, or documents that describe the project funded by the State Historical Fund grants program, and in
all publications funded under this Contract, a credit line must be included that reads: "This project is /was
partially funded by a State Historical Fund grant award from the Colorado Historical Society."
All Acquisition and Development projects must acknowledge state assistance by means of a temporary but
prominently displayed project sign that will be provided by the State.
20. HISTORIC REGISTER: If the Project affects a different property listed on the National Register or State
Register, the applicant will consult with the Colorado Historical Society's Office of Archaeology and Historic
Preservation, and also will act in accordance with the Secretary of the Interior's Standards for Archaeology and
Historical Preservation.
21. TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this Contract, the State shall, in addition to other remedies, 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 five (5) days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
products 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.
22. TERMINATION FOR CONVENIENCE OF STATE: 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 of the Contractor 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 and other materials paid
for with State funds 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
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(60 %) of the project covered by this Contract has been completed 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 project covered by this Contract. If this
Contract is terminated due to the fault of the Contractor, Paragraph 21 hereof relative to termination shall
apply.
23. CHANGES: This Contract is intended as the complete integration of all understandings between the parties, at
this time, and no prior or contemporaneous addition, deletion, or other amendment hereto, including an
increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect
whatsoever, unless embodied in a written contract amendment incorporating such changes executed and
approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, modifications to Exhibit A
(Project Scope of Work) and/or to Exhibit B (Project Time and Payment Schedule) may be approved by letter
of agreement, agreed to in writing by both parties, providing that no such letter of agreement may alter either
the total amount of funds payable under the contract, as set forth in Paragraph 7, or the contract period, as set
forth in Paragraph 6, unless such changes are embodied in a written contract amendment executed and
approved pursuant to the State's Fiscal Rules.
24. CONFLICT OF INTEREST:
a. No employee of the Contractor shall perform or provide part-time services for compensation, monetary
or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the
authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or responsibility in connection
with this Project on behalf of the Contractor shall have or acquire any personal financial or economic
interest, direct or indirect, which will be materially affected by this Contract, except to the extent that he
may receive compensation for his performance pursuant to this Contract.
A personal financial or economic interest includes, but is not limited to:
i) any business entity in which the person has a direct or indirect monetary interest;
ii) any real property in which the person has a direct or indirect monetary interest;
iii) any source of income, loans, or gifts received by or promised to the person within twelve (12)
months prior to the execution date of this Contract;
iv) any business entity in which the person is a director, officer, general or limited partner, trustee,
employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or interest owned
by the spouse, parent, brother, sister, son, daughter, father -in -law, mother -in -law, brother -in -law, sister -
in -law, son -in -law, or daughter -in -law of the person by an agent on his/her behalf by a general, limited,
or silent partner of the person, by any business entity controlled by said person, or by a trust in which
he /she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or
a relative as defined above possesses more than fifty percent (50 %) of the ownership interest. Said
person has a substantial economic interest in a trust when the person or an above - defined relative has a
present or future interest worth more than one thousand dollars ($1,000.00).
d. In the event of a conflict of interest, as described in this Paragraph 24, cannot be avoided without
frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to
the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest.
In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves
the right to terminate the Contract for cause, as provided in Paragraph 21 above. Failure to file a
disclosure statement required by this Paragraph 24 shall constitute grounds for termination of this
Contract for cause by the State.
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25. 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.
26. 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.
27. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of
and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns.
28. 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.
29. MINORITY BUSINESS ENTERPRISE PARTICIPATION: It is the policy of the State of Colorado that
Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) 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 the Contract. As used in this Contract, the term "minority business enterprise" and/or
"women business enterprise" denotes a business, at least fifty percent (50 %) of which is owned by
minority/women group members or, in the case of publicly owed business, at least fifty -one percent (51 %) of
the stock of which is owned by minority/women group members. The Contractor may rely on written
representations by bidders, contractors, and subcontractors regarding their status as minority/women enterprises
and need not conduct an independent investigation.
30. 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 of compliance beyond the termination date of the contract
shall survive such 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.
31. SUBCONTRACTS: All subcontracts for performance of the Project shall be awarded through an open and
competitive selection process to qualified offerors meeting the Contractors specifications. Copies of any and
all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Society,
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.
aAeIaine \9602027.ctr
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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 iaw
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 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 emplo
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 advertising; 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 drat 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.
(t) 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.
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(g) In the event of the Contractor's noncompliance 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 subcontract 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 die
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. 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 judgment as certified by the controller.
10. 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.
11. 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) City of Pueblo
STATE OF COLORADO
ROY ROMER, GOVERNOR
b
Position (Title)
$ - to O or) ( l
S—W Sec y N=n , or FWc l 1.1y. N=m ,
If Corporation:)
B �test (Seal)
Corlwnie Sec or EquivaI M. T,.WCityiCo y Ckr
Administrative Review
iy 4
S SHF Cont acts Officer
1
EXECUTIVE D TOR
Georgianna Contiguglia, PrdicOnt
Colorado Historical Society
DEPARTMENT
OF Higher Education
kJ
Page 9 of
City of Pueblo EXHIBIT A
Preservation Guidelines
Project No. 96 -02 -027
A. PROJECT PURPOSE
1. Within four defined districts of Downtown —Union Avenue Historic Commer-
cial District, the Historic Arkansas Riverwalk of Pueblo, the Civic District, and
the Historic Central Business District — create guidelines to preserve each
individual district's character as the area is developed, new construction
occurs, and buildings are renovated and demolished. This includes guidelines
for designated and eligible historic buildings, existing non - eligible buildings,
and new construction which contributes to the character of the district. The
guidelines will also address maintenance, neglect, and demolition.
B. SCOPE OF WORK
I. Survey
1. Finalize project and district
ogy, and identify total reso
project's boundaries.
2. Update the existing historic
boundaries, prepare survey methodol-
irces to be surveyed within the
inventory.
II. Preparation of Guidelines
Prepare Request for Qualifications and hire a consultant.
2. Review survey methodology with consultant and, if necessary,
gather additional information needed to identify the character of
each district.
3. In four defined districts of Downtown —Union Avenue Historic
District, Historic Arkansas Riverwalk District, the Civic District,
and the Central Business District — identify individual building
features which combine to contribute to the character of the
districts. Identify existing architectural patterns, scale, massing,
fenestration, and articulation of the buildings collectively. Deter-
mine how these patterns can be used to guide future develop-
ment, redevelopment of existing buildings, and preservation of
historic designated buildings as such that each district's individual
character is enhanced and preserved.
1 of 3
City of Pueblo
Preservation Guidelines
Project No. 96 -02 -027
4. In each district, create guidelines to preserve the district's
character as the area is developed, new construction occurs, and
buildings are renovated. This includes guidelines for designated
historic and eligible buildings, new construction, and those non -
eligible buildings which contribute to the character of the district.
The guidelines will balance the needs of the developer or owner
with the desires of the greater community and promote concepts
which are fair to both. The guidelines should be crafted to
promote sustainable development that promotes growth that is in
concert with the character of Downtown Pueblo and each
identified district.
5. Conduct three (3) public meetings, one each in the Union Avenue
Historic District, Civic District, and the Central Business District tc
solicit ideas and concerns, answer questions, promote discussion,
and seek public guidance for the project. Create a brochure that
explains the project and directs the public on how to submit their
ideas. Working with Pueblo City staff, design public meetings to
get maximum benefit out of each meeting by conducting work-
shop -style exercises, discussion of forum topics, and other
techniques that engage the public in directing the guidelines.
6. Create a draft document for review. The document should be
clear, concise, and "user- friendly." Conduct a fourth areawide
study meeting to present the guidelines.
7. Revise the document and create a camera ready original as a final
product. This should include photographs, examples, drawings, and
guidelines for the overall area and the four identified districts.
III. Printing:
1. Print Final Guidelines
2. Present Guidelines to Planning and Zoning Commission for a public
hearing and recommendation to City Council.
3. Present Guidelines to City Council for adoption.
2of3
N.
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■\YO,
1�I_3� ■
City of Pueblo
Preservation Guidelines
Project No. 96 -02 -027
PRODUCT TIME AND PAYMENT SCHEDULE
PRODUCTS
1. Submit Advance
Payment Request Form
2. Consultation with SHF
Technical Staff on
Project Boundaries,
Survey Methodology, &
Format of Final Document
3. Copy of RFQ and
Consultant Choice
4. Survey Inventory Forms
5. Interim Status and
Financial Report
6. Workshop Documentation
7. Final Draft of
Preservation Guidelines
8. Copy Final Published
Document
9. Final Reports:
- Status & Financial
- Final Project Report
COMPLETION DATE
N/A
08/01/97
09/01/97
EXHIBIT B
SOCIETY RESPONSE /PAYMENT
Advance - 57,500
Consult /Advise
Review & Approve
11/01/97
Review &
Approve
12/01/97
Review &
Approve
Payment
- $10,000
12/01/97
Review &
Approve
01/02/98
Review &
Approve
02/01/98
03/01/98
Review & Approve
Review & Approve
Payment - $7,500
1 of 1
City of Pueblo
Preservation Guidelines
Project No. 96 -02 -027
EXHIBIT C
PROJECT BUDGET
SURVEY
I. PERSONNEL
Administrative;
Support;
Planner/
Planning Tech;
& Survey Staff
Supplies
Film &
Processing
Match
Cash In -Kind
$ 4,000 $ 9,500
$ 500
Grant
Request
CONTRACTS — GUIDELINES
Consultant
Services
(including
Direct
Expenses &
Travel) $ 5,000
III. PRINTING $ 1,000
$ 25,000
(a) (b) (c)
TOTALS: $ 10,500 $ 9,500 $ 25,000
PROJECT
TOTAL
$ 13,500
$ 500
$ 30,000
$ 1,000
(d)
$ 45,000
1 of 1
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Attachment 2
STATE HISTORICAL FUND FINAL PROJECT REPORT
GRANT RECIPIENT: DATE:
Project Title: Project Number: _
Use back of form or attach additional sheets if necessary.
1. Did you complete the Scope of Work, as outlined in your original application? If not, why?
2. Describe the work completed during the project time period. The description should compare planned work,
schedules, expenditures, etc. with actual project work completed.
On a scale of 1 - 10 (10 = outstanding; 5 = average; 1 = below expectation) rate your organization's success in
completing your project (self evaluation).
If applicable, were you satisfied with the quality/and or cost of work performed by (your) subcontractors and or
consultants? If not, explain.
5. Please evaluate assistance provided by the SHF grant program and make recommendations or suggested changes.
I hereby certify that all nformation- contained in this report is true and correct and that all project work has been completed
as described in the application and contract unless otherwise noted.
Grant Recipient/Project Director
Date
Minority Business Enterprise Participation
Please provide the following information:
1) Total number of vendors/subcontractors used during the project period.
2) Total number of mino ' vendors/subcontractors used during the project period.
Total dollar amount represented. $
3) Total number of women vendors/subcontractors used during the project period.
Total dollar amount represented. $
SHF/Technical Review /Signature
SHF /Administrative Review /Signature
Date
Date
rev. 3/96
ATTACHMENT 3
STATE HISTORICAL FUND PAYMENT REQUEST
GRANT RECIPIENT:
Project Title:
TOTAL AMOUNT AWARDED
As the authorized representative of the
I hereby state that the
Grant Recipient
above project is presently under contract or purchase order agreement with the Colorado Historical Society, State
Historical Fund, and request (Check Only One):
An Advance Payment of no more than thirty percent (30 %) of the total general fundini? grant award or
eighty percent (80 %) of the total mini- Brant funding award. I further state that work has begun or will
begin within the next two weeks on the project; and that an advance payment is necessary to proceed
with the Scope of Work.
An Interim Payment of no more than forty percent (40 %) of the total grant award. I further state that
any advance payment received to date has been fully expended; and that an interim payment is
necessary to continue with the Scope of Work.
Final Payment of the remaining balance of award, minus interest earned.
A State Historical Fund Status & Financial Report (Attachment 1) must be submitted with the
Interim or Final Payment Request before payment will be considered.
Signature of Grant Recipient/Project Director Date
Date:
Project Number:
Revised 3/96
COLORADO HISTORICAL SOCIETY
STATE HISTORICAL FUND
225 E. 16th Ave., Suite 260, Denver, CO 80203 -2137
PRODUCT CHECKLIST
Checklist must be attached when submitting products to the SHF office for review (make additional copies as needed).
Thank you.
Project # Project Title
The following products are being submitted (product numbers as listed on Exhibit B of contract or Attachment A of purchase
order.):
The following questions must be answered when submitting products.
Yes No NA 1. Products are clearly labeled with project number, project title, and grant recipient name.
❑ ❑ ❑
Yes No NA Photos, reports, maps, etc. have been individually identified.
❑ ❑ ❑
Photographs Identification should include the following:
(SHF) Project number (SHF) Product number
Historic name Site Number (Smithsonian)
Date (Photo taken) Photographer
View
Description
Exam le
Project #97 -01 -675 Product k6
The Winslow History Museum 5BN9999
June 30, 1997 John Smith Photo's Inc.
North West
After photos of masonry repair: bottom of north wall
• Please use the same perspective and approximate distance when taking "after" photos (as used in
"before" photos) so that a comparison can be made. NO POLAROIDS PLEASE
• Slides Do NOT write on the right hand margin on the front of the slide (when photo positioned
upright).
Yes No NA Survey and /or inventory projects follow guidelines as outlined in Colorado Historical Society's
❑ ❑ ❑ Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Third Edition 9/91,
and Cultural Resource Report Forms and Guidelines, Oct. 1995.
NON- LABELED PRODUCTS WILL BE RETURNED
Yes No NA 2. Product number (according to Exhibit B of contract) has been visibly written on all products.
❑ ❑ ❑
Yes No NA 3. Written /published documents such as pamphlets, reports, brochures, etc. contain
Cl ❑ ❑ acknowledgment of funding source: "This project is /was partially funded by a State Historical Fund grant
award from the Colorado Historical Society."
Yes No NA 4. Project site acknowledges funding source. An SHF, CHS project sign has been received and
❑ ❑ ❑ prominently displayed.
rev. 6/97
August 11, 1998
William J. Zwick, Senior Planner
City of Pueblo
211 East D Street
Pueblo, CO 81003
COIORADO
HISTORICAL
SOCIETY
RE: Project #96 -02 -027
Preservation Guidelines for Downtown Pueblo
Dear Mr. Zwick:
Enclosed is a fully executed copy of Amended Contract # 96- 02 -027A for the above State
Historical Fund grant award. Please retain in your files. In order to fulfill the contract
obligations, you are required to comply with the revised List of Product Submittals (revised
Exhibit B of contract). Please refer to this schedule for a list of the required products and their
due dates. We also ask that you attach a Product Checklist (copy enclosed) when submitting
products, this helps us process your products more efficiently.
If you have any questions or concerns, please do not hesitate to call our office.
Sincerely,
Elaine Cullor
Grants Assistant
(303) 866 -2887
i i
r
AUG 1 3 1998
State Historical Fund . 225 East 16th Avenue, Suite 260 . Denver, Colorado 80203 . (303) 866 -2825
Form 6- AC- 02A(R5/91)
Department or Agency name
Colorado Historical
Department or Agency number
GCA
Routing Number
APPROVED WAIVER FORM
CONTRACT AMENDMENT #96- 02 -027A
THIS AMENDMENT, made this day of 11 , 1998 by and between the State of
Colorado for the use and benefit of the Department of Higher Education, Colorado Historical Society, the Colorado
History Museum, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as the State, and the City of
Pueblo, Project #96 -02 -027, 1 City Hall Place, Pueblo, Colorado 81003, hereinafter referred to as the Contractor,
FACTUAL RECITALS
Authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and
sufficient unencumbered balance thereof remains available for payment in Fund Number 401 , Appropriation
Code 401 , Contract Encumbrance Number 96 -02 -027 and Organization SHFG ; and
Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and
The Parties entered into a contract dated July 14, 1997, (the "Original Contract "), Contract Routing Number N/A
Approved Waiver Form C.E. Number 96 -02 -027 wherein the Contractor agreed to undertake the performance of
certain work and services in consideration for which the State agreed to make certain payments; and
The Contractor, through no fault of their own, is unable to complete the project as required within the specified
contract period as a result of unforeseen delay; and
The State and the Contractor both wish to bring the project to completion in order to fulfill the objectives of the
Original Contract.
NOW THEREFORE, it is hereby agreed that:
In consideration for this Amendment to the Original Contract, C.E. Number 96 -02 -027 Contract
Routing Number N/A Approved Waiver Form dated July 14, 1997 the Society shall make payments to
the Contractor in accordance with the revised Exhibit B, as attached. The total amount paid to the
Contractor shall not exceed the twenty five thousand dollars ($25,000) award amount of which
seventeen thousand five hundred dollars ($17,500) has been paid to date; an advance payment of
$7,500 was made on August 21, 1997 to the Contractor upon execution of the Original Contract and an
interim payment of $10,000 was made on April 10, 1998, both of which the Contractor agrees it has
received.
2. It is expressly agreed by the parties that this Amendment is supplemental to the Original Contract
Number 96 -02 -027 dated July 14, 1997 which is by this reference, incorporated, made a part hereof,
and identified as Attachment A, and all terms, conditions, and provisions thereof, unless specifically
modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated,
and included herein.
Page 1 of 2 Pages
It is agreed the Original Contract is and shall be modified, altered, and changed in the following respects
only:
a. The Original Contract period (Page 2, paragraph 6.) is EXTENDED from September 1, 1998 to
September 1, 1999.
b. The Contractor agrees to the revision of Exhibit B: Project Time and Payment Schedule, as attached.
The effective date of this Amendment is August 21, 1998.
Except for the "Special Provisions," in the event of any conflict, inconsistency, variance or contradiction
between the provisions of this Amendment, or any of its attachments or exhibits, and any of the
provisions of the Original Contract, or it's attachments or exhibits, the provisions of this Amendment,
shall in all respects supersede, govern, and control. The "Special Provisions" shall always be
controlling over other provisions in the contract or amendments. The representations in the Special
Provisions concerning the absence of bribery or corrupt influences and personal interest of State
employees are presently reaffirmed.
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.
THIS AMENDMENT 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.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above
written.
Contractor:
(Full Legal Name) City of Pueblo
b : CGS
Position (Title) 4 0� Cl O A l I
Social Security Number or Federal I.D. Number
(If Corporation)
Attest ( 1) J�
By
,icn�i c�crk
ADMINISTRATIVE REVIEW
471ado
I�istorical Society
STATE OF COLORADO
ROY ROMER, GOVERNOR
Y /�
*5 EXECUTIVE DIRECTOR
Georgianna Co President
Colorado Historical Society
Department of Higher Education
APPROVALS STATE
Page 2 of 2 Pages
0
City of Pueblo EXHIBIT B
Preservation Guidelines for Downtown Pueblo Revised
Project 496 -02 -027
LIST OF PRODUCT SUBMITTALS
El ai ne \wpdocs \contrct \93 -96 \9602027. exb
Page 1 of 1 page
SOCIETY
PRODUCTS
DUE DATE
RESPONSE/PAYMENT
1.
Advance Payment Request
N/A
Payment made - $7,500
2.
Consultation with SHF Technical Staff
8/01/97
Consultation done
on Project Boundaries, Survey Methodology,
& Format of Final Document
3.
Copy of RFQ and Consultant Choice
9/01/97
Reviewed /Approved
4.
Survey Inventory Forms Partial
Submittal 4 /06/98
Reviewed/ Not Approved
Complete Submittal
Due 8/31/98
Review /Approve
5.
Interim Financial Report (Attachment 1)
12/01/97
Reviewed /Approved
Payment made - $10,000
6.
Workshop documentation
12/01/97
Reviewed /Approved
7.
Final Draft of Preservation Guidelines
8/31/98
Review /Approve
8.
Copy Final Published Document
10/30/98
Review /Approve
9.
Final Reports:
10/30/98
Review /Approve
- Final Financial Report (Attachment 1)
Payment $7,500 (30 %)
- Project Summary Report (Attachment 2)
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