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HomeMy WebLinkAbout8775RESOLUTION NO. 8775 A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, COLORADO HISTORICAL SOCIETY RELATING TO GRANT #98 -02 -046 HISTORIC ARKANSAS RIVER INTERPRETIVE FLOODWALL FOR THE HARP PROJECT 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 dated August 9, 1999, between the City of Pueblo, a Municipal Corporation, and the State of Colorado, Colorado Historical Society, of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said Contract on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3 This resolution shall become effective upon final passage. INTRODUCED: AUGUST 9,1999 BY: Al Gurule Z PREASIII)ENT NCIL PE N APPROVED: `` ( A-"� o OF CITY COUNCIL ATTEST: JTY CLERK council Agenda TITLE: AGENDA ITEM: A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, COLORADO HISTORICAL SOCIETY RELATING TO GRANT #98 -02 -046 HISTORIC ARKANSAS RIVER INTERPRETIVE FLOODWALL FOR THE HARP PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME DEPARTMENT: Planning and Development DATE: August 9, 1999 ISSUE Should the City Council approve a Contract between the City of Pueblo and the State of Colorado, Colorado Historical Society for grant funds relating to the Historic Arkansas River Interpretive Floodwall as part of the HARP project and authorize the President of City Council to execute same? BACKGROUND The Department of Planning and Development applied for and received a grant for partial funding from the Colorado Historical Fund in the amount of $26,000. The project includes three major elements: (1) a contempary interpretation of the Historic Arkansas River; (2) interpretive signs of various sizes which will be attached to the Floodwall; and (3) a carved brick interpretive story wall. The content for interpretation will consists of early exploration along the Arkansas River; regional context of the international boundary for El Pueblo National Register Site; and the dynamic relationship between the river and the development of the Union Avenue National Register District including the June 3, 1921 Flood. A Request for Qualifications procurement process will be performed to select a consultant to facilitate public discussion for the material to the interpreted on the signs; to organize and design the text and graphics on the plaques; and furnish and install the plaques. The HARP Foundation will provide a local match of $25,000 which will be used to build a sculptured brick or tile wall surface. (SEE ATTACHED LETTER) The total project costs is $31,000. In -kind administration will be provided by the Department of Planning and Development. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT Funds in the amount of $25,000 from this grant is considered to be City revenue according to the Tabor Act. r COLORADO HISTORICAL SOCIETY August 20, 1999 William J. Zwick Dept. Of Planning & Development City of Pueblo 211 E. D Street Pueblo, CO 81003 RE: Project # 98 -02 -046 Historic Arkansas River Interpretive Floodwall Dear Mr. Zwick: Enclosed is the frilly executed Contract # 98 -02 -046 for the above State Historical Fund grant award. Please retain in your files. We have requested an advance payment of $7,800 (30% of your grant award). Payments are mailed directly to the grant recipient's legal name and address as listed on the contract and TIN form. Payment should be received within two (2) weeks. Refer to the List of Product Submittals (Exhibit B of contract) for required products, reports, and their due dates. It may be helpful to copy Exhibit B and post it on your bulletin board or day timer to help you remember the due dates of products. We also ask that you complete and attach a product checklist (copy enclosed) when submitting products as this helps us identify and process the products more efficiently. If you have any questions or concerns regarding your contract, please do not hesitate to contact our office. If you would like technical information or assistance regarding your project, please contact James Stratis, Restoration Specialist (303 -866- 2822). We're looking forward to working with you toward a successful project. Sincerely, — P l� Pam Temple Program Assistant (303)866 -2809 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 Society Department or Agency number - GCA Routing Number APPROVED WAIVER FORM CONTRACT THIS CONTRACT, Made this 11 day of AU + , 1999, by and between the State of Colorado for the use and benefit of the Department of Higher Education, Colotiallo 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 qM204(0 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 Purpose and Scope of Work, Budget and List of Product Submittals, 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 #98 -02 -046, "Historic Arkansas River Interpretive Floodwall," in accordance with the Project Purpose and 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. Page 1 of 9 pages f � � 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. Initials /State Representative nitials /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. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the product submittals 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 Purpose and Scope of World the Contractor is free to copyright books, publications, or other copyrightable materials and/or product submittals created or developed in the performance of this contract. All copyrightable materials and/or products developed or produced under this contract are subject to a royalty-free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare derivative works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use, the work or works for Society and/or State Historical Fund purposes. For purposes of this subsection the tern product submittals 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 delivered under a SHF grant. 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 September 1, 1999 through July 31, 2001. The Project Purpose and 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 Purpose and 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 List of Product Submittals set forth in Exhibit B, the State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed twenty -six thousand dollars ($26,000). 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 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 Financial Report, Project Summary 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 Financial Report and Project Summary 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. 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 7 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. 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: William J. Zwick Senior Urban Design 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 -1620 To the Contractor: William J. Zwick Senior Urban Design Planner City of Pueblo 211 East "D "Street 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 SHF Financial Reports (Attachment 1) documenting the progress of the Project, and the Project Summary Report (Attachment 2), as described in the List of Product Submittals (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 forth 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; b. Make recommendations to project personnel concerning the selection of an architect or other professional consultants; and /or Page 4 of 9 pages 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 C Initials/State Representative K` nitials /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 and materials produced in other media funded under this Contract, a credit line must be included that reads: "This project is /was paid for in part by a State Historical Fund grant from the Colorado Historical Society." In addition, the Society reserves the right to require that the following sentence be included in any product funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of the Colorado Historical Society". All Acquisition and Development projects must acknowledge state assistance by means of a temporary but prominently displayed project sign to be posted at the beginning of construction and to remain in place until construction is completed 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(60 %) of the project covered by this Contract Page 5 of 9 pages 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 Purpose and Scope of Work) and/or to Exhibit B (List of Product Submittals) 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. C. 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. Page 6 of 9 pages 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. Page 7 of 9 pages , CONTROLLER'S APPROVAL SPECIAL PROVISIONS 1. This contract shall not be deemed valid until it shall have been approved by die 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 due 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 terns 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, provender or other supplies used or consumed by such Contractor of his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the Contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106. INDEMNIFICATION 4. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24- 34402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pumwaal thereto, the following provisions shall he contained in all Stale cantracls or swhconiracts. 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 advertising; lay -offs or terminations; rates of pay or other fortis of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, State that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the Contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor. (d) The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provision of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. (g) In the event of the Contractors non - compliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The Contractor will include the provisions of paragraphs (a) through (h) in every 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 Page 8 of 9 pages subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8 -17 -101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part be State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a State or foreign country equal to the preference given or required by the State or foreign country in which the non- resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8 -19 -101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 9. 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; rfl 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- 8401, 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 Puebl by Position (Title) president of City Connril Social Security Number or Federal Identification Number If Corporation:) Attest (Seal) by: Corp ecretary, or Equivalent, Town/City/County Clerk PROGRAM AD DIVISION DIRECTOR By /mac ttS /S� tra cts Officer BILL OWENS, GOVERNOR b: E CU E DI O Georgianna Contiguglia, President Colorado Historical Society DEPARTMENT OF Higher Education APPROVALS STATE ArthurABarthao , By Rev. Jan -99 ;rant Forms \l Contract fonn.doc s: \contracts \98 \9802046 contract Page 9 of 9 pages ' ; CITY OF PUEBLO EXHIBIT A HISTORIC ARKANSAS RIVER INTERPRETIVE FLOODWALL PROJECT # 98 -02 -046 PROJECT PURPOSE AND SCOPE OF WORK 1. Project Purpose The purpose of the Historic Arkansas River Interpretive Floodwall is to construct an outdoor educational exhibit along the recently reopened pre -1921 Arkansas River Channel. This will include: a. Research and public participation in selecting the historic themes to be included on the signage and story wall. b. Designing and installation of interpretive signage that will be integrated along the floodwall. C. Designing and installation of the brick or tile story wall which interprets the 1921 Flood and its impact on the Union Avenue Historic District. 2. Scope of Work The project will be completed in the following steps: A. 1. Contract with interpretive specialists to perform historic research and public participation. 2. Contract with one or more professionals for design of signage and story wall. 3. Consult with State Historic Preservation Specialists for evaluation of signs and story wall. 4. Construct and install signage and story wall. Page 1 of 1 Page jCITY OF PUEBLO HISTORIC ARKANSAS RIVER INTERPRETIVE FLOODWALL PROJECT # 98 -02 -046 EXHIBIT B LIST OF PRODUCT SUBMITTALS PRODUCTS Due Date Society Response 1. Advanced Request Form (Attach. #3) 2. Copy of Historic Research Conducted. 1 3. Before photographs of project. 4. Report on Public Participation (in selecting themes for signage & wall). 5. Draft Design & Text of Signs. 6. Draft Design & Text . of Story Wall. 7. Interim Financial Report (Attach. #1). 8. After Photographs of Project. 9. Financial Report (Attach. #1). 10. Project Summary Report (Attach. #2). N/A Advance —$7,8 00 9/30/99 Review & Approve /(R/A) 9/30/99 R/A 10/30/99 R/A 11/30/99 R/A 11/30/99 R/A 12/31/99 Payment of $10,400 6/30/00 R/A 7/31/00 Payment of $7,800 7/31/00 R/A Page 1 of 1 Page CITY OF PUEBLO EXHIBIT C HISTORIC ARKANSAS RIVER INTERPRETIVE FLOODWALL PROJECT # 98 -02 -046 PROJECT BUDGET GRANTS CASH TOTAL - Historic Research & Public Participation $10,000 $ 0 $10,000 - Design, Layout, Production, and Installation of Interpretive Signage. $16,000 $ 0 $16,000 - Design Layout, Production and Installation of Brick or Tile Interpretive Story Wall —420 sq. ft. @ $10 /sq. ft. —130 sq. ft. @ $160 /sq. ft. $ 0 $25,000 $25,000 TOTALS: $26,000 $25,000 $51,000 Page 1 of 1 Page