HomeMy WebLinkAbout8489RESOLUTION NO. 8489
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE DEPARTMENT OF
LOCAL AFFAIRS TO FUND INFRASTRUCTURE IMPROVEMENTS AT THE
HISTORIC ARKANSAS RIVERWALK OF PUEBLO AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the Department of Local Affairs has been offered
a grant of $250, 000 for the Energy Mineral Assistance Program to fun, zo
infrastructure improvements at the Historic Arkansas Riverwalk of
Pueblo; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PUEBLO, COLORADO, that:
SECTION l
The President of the City Council is hereby authorized to
execute and deliver the Contract in the name of the City in
substantially the same form and content as the Contract attached
hereto with such modifications as the President of the City Council
and the City Attorney shall approve. The City Clerk is authorized
and directed to affix the Seal of the City thereto and attest same.
INTRODUCED: August 10, 1998
BY: John Verna
COUNCILPERSON
ATTEST:
IkTTY CLERK
AP PR VED:
l.( ,
PRESIDENT )F C Y COUNCIL
r-- Council Agenda
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
DEPARTMENT OF LOCAL AFFAIRS TO FUND INFRASTRUCTURE IMPROVEMENTS AT THE HISTORIC ARKANSAS
Title RIVERWALK OF PUEBLO AND AUTHORIZING THE PRESIDENT OF Agenda Item # �-
CITY COUNCIL TO EXECUTE SAME
Department PLANNING & DEVELOPMENT Date AUGUST 10, 1998
ISSUE:
Should the City of Pueblo enter into an agreement with the
Colorado Department of Local Affairs to receive $250,000. This
money will serve as a portion of the City's match for the $1.2
million EDA Grant.
BACKGROUND:
The City of Pueblo has received a letter of award from the
Department of Local Affairs granting $250,000 to construct HARP
Infrastructure. This award was contingent upon the City receiving
funds from the State Historical Fund, Great Outdoors Colorado, and
the Economic Development Administration. With the receipt
financial assistance award from the Economic Development
Administration, the City has met all the contingency
requirements. These funds will be used to fund $250,000 of the
$962,500 match for the EDA Grant.
For the City to comply with Paragraph 5 of the Special Conditions
of the Economic Development Administration Financial Assistance
Award No. 05 -01- 02935, the City must certify that the non - federal
share of the project cost is committed and is available as needed
for the project. Entering into this contract with the Colorado
Department of Local Affairs will commit the EIAF Grant funds and
make them available for the EDA match. .
Due to the fifteen (15) day turn around time allowed by EDA,
please note that at the time of writing this background paper, the
contract between the City and the Colorado Department of Local
Affairs is still being drafted by the Department of Local
Affairs. The contract will be forwarded to you as soon as we
receive it.
M E memo
ENNIMAIMBE I
mnw�__�
EIAF - #3463
Revised May 1, 1996
Mineral Lease Fund
CONTRACT
DEPARTMENT OR AGENCY
NAA
CONTRACT ROUTING NUMBER
C
THIS CONTRACT, made this ^ day of v �t` �` 1998, by and between the State of Colorado
for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203
hereinafter referred to as the State, and the City of Pueblo, 215 W. 10th Street, 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 available for payment in Fund Number 153 ,
Appropriation Code Number 128 Org. Unit FAQQ GBL h, 0 Q , Contract Encumbrance Number
F9MLG3463 ; 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 sections 34-63 -101 to 104, C.R.S., 1973, as amended, the Local Government Mineral
Impact 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 sections 34-63 -101 and 102, C.R.S., 1973, as amended, the Executive Director of the
Department is authorized to make grants from the Local Government Mineral Impact Fund to political subdivisions for
the planning, construction, and maintenance of public facilities and for public services to include the planning, design,
construction, erection, building, acquisition, alteration, modernization, reconstruction, improvement, or expansion of
water and wastewater facilities; 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 distribute 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 Mineral Impact 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.
Pang 1 of 7 Panac
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.
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 federal royalties received under provisions of the federal Mineral
Lands Leasing Act and distributed through the Local Government Mineral Impact Fund, in an amount not to exceed
TWO HUNDRED FIFTY THOUSAND AND NO /100 -------------- Dollars ( $ 250.000.00 ). The method and
time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in Exhibit A.
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.
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:
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 for a 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. Neither 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 Worker's 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 termination date
Page 4 of 7 Pages
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, 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 percent per annum. Unless such bond
is executed, delivered and filed, no claim in favor of the Contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or
a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106.
INDEMNIFICATION
4. To the extent authorized by law, the Contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this Contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment 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 sub - contracts.
During the performance of this Contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status,
religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro-
vided 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 understand-
ing, 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 act defined in this contract to be discriminatory
or obstlua 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 7/97
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
bans due to the student ban 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 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: STATE OF COLORADO
(Full Legal Name) CITY OF PUEBLO, COLORADO ROY ROWR, GOVERNOR
By
B
U �� � EXECUTIVE DIRECTOR, Jerry Smith
DEPARTMENT
Position (Title) CITY COUNCIL PRESIDENT OF LOCAL AFFAIRS
84- 6000615
Social Security Number or Federal ID Number
(If Corporation:)
Attest (S
By_
CwporW t Wy, a Eq wWn4 T.— City/C —ty CNrk
G) APPROVALS
PRE - APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER
Clifford W. Hall
By_ C °"-C -cl ' r BY C26Z�Ql��� a" )rA,-
ryv se Marie ten
Form 6 -AC -02C
Revised 7197
39553 -01 -1030 Page 7 which is the last of 7 pages
EXHIBIT A
SCOPE OF SERVICES
EIAF - #3463 Pueblo Riverwalk 11
EXHIBIT A
SCOPE OF SERVICES
PROJECT DESCRIPTION. OBJECTIVES. & REQUIREMENTS
The Project consists of the construction of public facilities improvements to the overall downtown
redevelopment and urban renewal program (known as the "Historic Arkansas Riverwalk") in the City of
Pueblo, Colorado (Contractor).
Specific Project elements include the construction of public parking areas, a general operations building
containing a visitors area, security office, storage and accessible public restrooms; a system of
pedestrian walkways, pedestrian and street lighting and streetscaping and the necessary design,
engineering and administrative services to complete the project.
Energy/Mineral Impact Assistance funds in the amount of $ 250,000.00 are provided under this Contract
to finance Project costs. The Contractor is expected to provide $1,912,500 in Project financing, through
a $1,200,000.00 Economic Development Administration grant, a $712,500.00 HARP Foundation grant
and, in any event, is responsible for all Project cost in excess of $ 250,000.00.
Construction plans and specifications shall be drawn up by a qualified engineer licensed in the State of
Colorado and hired by the Contractor through a competitive selection process.
A construction contract shall be awarded to a qualified construction firm through a formal public bid
process with the Contractor being obligated to award the construction contract to the lowest responsible
bidder meeting the Contractor's specifications.
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.
2. ENERGY AND MINERAL IMPACT
The population of Pueblo in 1990 was 98,460; it is currently estimated to be 101,402. Approximately
1,366 Pueblo residents are employed in mining and primary metals production; an additional 803
residents are railroad and utility workers. The merger and subsequent abandonment of area rail lines
by the Union Pacific and southern Pacific Railroads has resulted in the loss of 139 jobs in Pueblo largely
involved in the operation of unit coal trains through Pueblo. Rock Mountain Steel Corporation, formerly
CF & I, recently laid off 170 workers involved in the production of oil field pipe and rail.
3. TIME OF PERFORMANCE
The Project shall commence upon the full and proper execution of this Contract and shall be completed
on or before September 30, 2000. 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 September 30, 2000, and shall
include a full justification for the time extension.
Page 1 of 2 Pages
EIAF - #3463 Pueblo Riverwalk II
EXHIBIT A
SCOPE OF SERVICES
4. BUDGET
REVENUE
EXPENDITURES
Energy/Mineral Impact Assistance $ 250,000
Grant Funds
EDA Grant 1,200,000
Pueblo HARP 712,500
TOTAL $2,162,500
TOTAL $2,162,500
5. PAYMENT SCHEDULE - GRANT AGREEMENT
a. $25,000 Initial payment to be made within thirty (30) days of the date
of execution of this Contract.
b. 212,500 In interim payments reimbursing the Contractor for actual
expenditures made in the performance of this Contract.
Payments shall be based upon properly documented
financial and narrative status reports detailing expenditures
made to date.
C. 12,500 Final payment to be made upon the completion of the
Project. The Contractor shall submit a final financial and
narrative status report documenting the expenditure of all
Energy/Mineral Impact Assistance funds for which payment
has been requested.
$250,000 TOTAL
All requests for payment after the first payment shall be initiated by the Contractor in accordance with
the provisions in Paragraph 5 of the main body of this Contract.
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.
Construction $1,906,200
Engineering & Administration 256,300
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