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HomeMy WebLinkAbout08950RESOLUTION NO. 8950 A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS RELATING TO THE EL PUEBLO PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME that: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, SECTION 1. A Contract dated March 27, 2000, between the City of Pueblo, a Municipal Corporation, and the State of Colorado, Department of Local Affairs, 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 March 27, 2000 BY ARobert ScbilliWq Councilp _ jn APPROVED: J ! G1 President of City Council ATTEST: v�JC�C.vL City Clerk Council Agenda Agenda Item, TITLE: A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS RELATING TO THE EL PUEBLO PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME 0 / DEPARTMENT: Planning and Development DATE: March 14, 2000 ISSUE Should the City Council approve a Contract between the City of Pueblo and State of Colorado, Department of Local Affairs for a $250,000 grant from the 1999 Energy and Mineral Impact Assistance Program relating to the El Pueblo project? BACKGROUND The State Department of Local Affairs, Energy and Mineral Impact Assistance Fund (EIAF) has awarded the City of Pueblo a $250,000 grant for construction of an adobe trading post/fort and an archaeolgy pavilion as part of the overall El Pueblo Project. Both the adobe fort and pavilion will be constructed on land owned by the City of Pueblo. HGF Architects, Inc. is under contract for architectural services and has donated architectural services for the adobe structure. The EIAF grant funds are Federal funds from the Mineral Lands Severence Tax (Fund Number 152). These funds are subject to the requirements of the Tabor Act. The Agreement states that if the City should receive funds exceeding its Tabor spending limit, the state funds must be repaid up to the amount of such excess or the amount received from the state, whichever is less. The Director of Finance has been notified of this revenue counting toward the City's Tabor spending limit. The overall project costs for the El Pueblo Project is approximately $7,650,000. This phase of the El Pueblo project pertaining to this Agreement has a budget of $780,000. The project includes: construction of 2,000 square feet of an adobe trading post/fort and plaza used for outdoor education by the museum and community; and construction of an archaeological pavilion covering 3,000 square feet of the historical archaeological dig site of El Pueblo. The grant award from EIAF is for $250,000 and is being leveraged into one project with the funding sources listed below: 1. City of Pueblo Match *(Packard Foundation Funds from the Colorado Historical Foundation) $250,000 2. TE -21 CDOT (Resolution #8845) $280,000 3. 99 Energy Mineral Impact Assistance Fund $250,000 Total $780,000 * The $1,000,000 donation to the Project from the Lucile and David Packard Foundation is being administered by the Colorado Historical Foundation. Enclosed please find a letter from the Colorado Historical Foundation assuring the $250,000 from the Packard Foundation is available for this grant match. A contractual Agreement with the Colorado Historical Foundation will be necessary prior to awarding a construction contract. The El Pueblo Fund Raising Committee is actively engaged in fund raising the remainder of the project. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT Funds to be disbursed from the sources listed above. EIAF - #3744 Revised May 1, 1996 Severance Tax Fund CONTRACT bEPARTMENT OR AGENCY NAA CONTRACT ROUTING NUMBER I t l5 M THIS CONTRACT, made this � 4 � day of U::� 2 , 2000, 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. P.O. Box 1427, Pueblo, Colorado 81002 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 152 , Appropriation Code Number 127 Org. Unit FBAO , GBL nall Contract Encumbrance Number FOS3744 ;and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy and mineral resource industries in Colorado; and WHEREAS, pursuant to 39 -29 -101 to 116, C.R.S., 1982 Rep. Vol., the Local Government Severance Tax Fund has been created, which fund is administered by the Department of Local Affairs herein referred to as the "Department ", through the Energy and Mineral Impact Assistance program; and WHEREAS, pursuant to section 39- 29- 110(1)(a) and (b)(1) C.R.S.(1982), as amended, the Executive Director of the Department is authorized to distribute funds from the Local Government Severance Tax Fund to those political subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels for the planning, construction, and maintenance of public facilities and for the provision of public services; and WHEREAS, the Contractor, a political subdivision eligible to receive energy /mineral impact assistance, has applied to the Department for assistance; and WHEREAS, the Executive Director of the Department desires to 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 Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions as hereinafter set forth; NOW THEREFORE, it is hereby agreed that: 1. Scope of Services In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator The performance of the services required hereunder shall be under the direct supervision of William Zwick , an employee or agent of the Contractor, who is hereby designated as the administrator -in- charge of this Project. At any time the administrator -in- charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in- charge and the State receives notification of such replacement assignment. Page 1 of 7 Pages 3. Time of Performance This Contract shall become effective upon the proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" Section contained in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall not be considered eligible expenditures for reimbursement from the State.The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the completion date set forth in the "Time of Performance" Section of Exhibit A. 4. Authority to Enter into Contract and Proceed with Proiect 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 execute this Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed with the Project, or, if the structure of the Project is such that a decision by the electorate is required, the Contractor has held such an election and secured the voter approval necessary to allow the Project to proceed. 5. Compensation and Method of Payment Grant Funds, Method of Payment In consideration for the work and services to be performed hereunder, the State agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund, in an amount not to exceed TWO HUNDRED 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. 6. Reversion of Excess Funds to the State a) Any State funds not expended in connection with the Project shall be remitted to the State upon completion of the Project or a determination by the State that the Project will not be completed. b) It is expressly understood that if the Contractor receives funds from this Contract in excess of its fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no circumstances shall excess funds from this Contract be refunded to other parties. 7. Financial Management At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall be in accordance with the "Budget' Section set forth in Exhibit A. Contractor may adjust individual budgeted expenditure amounts up the limitations set forth in Paragraph 8.b) of the main body of this Contract without approval of the State. Any budgetary modifications that exceed the limitations set forth in Paragraph 8.b) must adhere to procedures set forth in Paragraph 8.c) in order to modify the Contract budget. 8. Modification and Amendments a) Modification by Operation of Law This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Changes This Contract has a simplified Change Letter procedure for modifying this Contract for the following reasons: i) unless otherwise specified in the Scope of Services, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) when any budget transfers to or between administration budgetary categories are proposed; iii) when the scope, objective or completion date of the Project changes as determined by the Department; iv) when additional or less State funding is needed; v) when there are additional federal statutory or regulatory compliance changes in accordance with Paragraph 23 of the Original Contract. Page 2 of 7 Pages Under such circumstances, the Departments 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 Contact 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 acoordanoevft 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. Audik 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 its - properly delegated or authorized representatives shall have the right to inspect, examine, and audit the Contractors (and any subcontractors) records, books, accounts and other releyant 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 notthe State ce Contractor shag include the in an annual audit4e 'Ort as C.R.S: 973, 29- 1.601;�e�mn and the Single Audit Act'of 1984; F?i rules and regulations. Such audit reports shag be simultaneously Thereafter, the Contractor shall supply the Oepartmenttnth pies to the "ielevant audit report If the audits evidence, of Department reserves the right to institute compliancd other judicial or administrative actions filed pursuant to C.R;S.1973 2 for a discretionary audit as provided above, the ed by the Colorado Local Government Audit Law, L 98 -502, and Federal and State implementing emitted to the Department and the State Auditor. all correspondence from the State Auditor related 1-0ompliance withapplicable requirements, the impriate proceedings notwithstanding any other 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 workers compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents. The Contractor is responsible for providing Workers Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Workers 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 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 hereh and therefore, the Contractor expressly understands and agrees that all its rights, demands and dames 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 shallthereupon fiave 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, atthe option of the State, beoome*s property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory completed on such documents and other materials. Notwithstanding t1*4.bove, the Contract sustained by the State-oy virtu 'an breach'of th payments to the Contractor fort he purpose of setoff from the Contractor is determined. t be relieved of liability to the State for any damages by the Contractor, and the State may withhold any time as the exact amount of damages due the State c) Termination for Convenience State may terminate this Contract at any time the State determines that the purposes of the d'rstribiAon:of State monies under the Contract would no longer be served by completion of the Project Th e State shall effect suchAennination by giving written notice of termination to the Contractor and theeffecWe :date thereof, attleast twenty (20) days before the effective date of such termination. In the event of temm�ation for-oonvenienceAkfinished or unfinished documents and other materials as described in subparagraph 14k) aboi&:�shall, at the option of the State, become its property. If the Contract is terminated by the Stateias provided h ontrac or ndlI be paid an amount which bears the same ratio to the total compensation asAhe services actually to the total services of Contractor covered by this Contract, less payments - of compensahon'previously e: Provided, however, that if less than sixty percent (60 %) of the services covered by thisCont dfiave- ; been ,, - upon the effective date of such termination, the Contractor shall be reimbursed (in 'addrtion to theabovO,gayment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred `Vthe 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. Severabilgy 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 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 intergovemmental 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:pubfic facility or to provide a public service. 21. Non-Discrimination The Contractor shall comply with. all applicable State and Federal laws, rules, regulations and Ejcecutive 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 rrbnoddes or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract Contractor may utrT¢e 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. Mbgft Business Entefose Partianation It is the policy of the State of Colorado that minority business enterprises shag 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 enterpriser 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 AoMcable :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. SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This Contrad shall not be deemed valid urd i 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 d 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 construction, erection, repair, maintenance, or improvement of any building, mad. 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 deriver to the State official who vA stn 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 duty executed 14 a quaffed corporate surety. conditioned upon the faithful performance of the Contract and in addition, shad provide that if the Contractor or his subcontractors fad 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 fads 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 ofeightim cent per aruuum. Unless such bond is executed, delivered and fileit no claim in favor of the Contractor arising under such contract shall be audited. allowed orpaid. A certified or cashWs 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 shad indemnify. save and hold harmless the State. its employees and agents, against any and all claims, damages, tiabrTdy and court awards including costs, expenses, and .attorney _Fees incurred as a result of any ad or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the temps of this Contract- DISCRIMINATION AND 'AFFIRMATIVE ACTION 5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Ad of 1957, as amended, and other applicable law respecting disciminationand unfairemployrnent practice (CRS 24-444M. as tequued by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shad be contakod in all State contracts or subcontracts During the performance of this Contract, the Contractor agrees as follows. (a) - The Contractor will notdiscriminate against any employee or applicant empbyment because of race, creed, color, national origin, sex, marital status. religion, ancestry. mental or physical handicap. or age. The Col actor will take affirmative action to.ihsure that applicants are employed, and that employees are treated during empbymtent, without regard to the above mentioned characteristics. Such action shad include, but not be limited to the following; _employment, upgrading. demotion. or transfer me uftent or tecr uitment advertisings: lay-0ffs or terminations. rates of pay or other forms of compensation; and selection for training, i iduck g 2ppter6oesthi). The Contractor agrees to post in conspioous places. available to employees and applicants for employment -notices to be provided by the contracting officer setting forth provisions of this nondiscrimination 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, noting to be provided by the contracting officer, advising the labor union or workers representative of the Contractor's commitment under the Executive Osier, 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 ad defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt either directly or indirectly, to commit any ad defined in this contract to be discriminatory. Forth 6 -AC-02B Revised 7/97 395 -53 -014022 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 forfurther 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 orwhich is otherwise in conflict With said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30 -202.4 (as amended), the State Controller may withhold debts owed to state agencies under the vendor offset intercept system for (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgement as certified by the Controller. 10. The signatories aver that they are familiar with CRS 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and CRS 18 -8 -401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest 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 COLORAD (Full Legal Name) CITY OF PUEBL 'COLORADO BILL OWENS, E ;7; // / I By By BOB BROOKS, EXECUTIVE DIRECTOR DEPARTMENT Position (Title) CITY COUNCIL PRESIDENT OF LOCAL AFFAIRS 84- 6000615 Social Security Number or Federal ID Number (If Corporation:) Attest (Seal) By "_ P " z, S'_ '�� — CoTerate lary, or Fgt*"lmt, TowNCiy/Co -ty Clerk PRE - APPROVED FORM CONTRACT REVIEWER APPROVALS STATE CONTROLLER Arthur L. Barnhart B B r Rose Marie aen Form 6- AC -02C Revised 7/97 395 -53 -01 -1030 Page 7 which is the last of 7 pages EXHIBIT A SCOPE OF SERVICES EIAF - #3744 Pueblo Museum Plaza EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION. OBJECTIVES & REQUIREMENTS The Project consists of the construction of a 2,000 square foot adobe trading post/fort and a pavilion, a 3,000 square foot steel frame structure with glass walls enclosing the El Pueblo archaeological excavation located within an outdoor plaza. The complex is located in the City of Pueblo (Contractor). All elements of construction are eligible expenses. Energy /Mineral Impact Assistance funds in the amount of $ 250,000 are provided under this Contract to finance Project costs and the Colorado Department of Transportation is providing $280,000 to assist with the Project. The Contractor is expected to provide $ 250,000 in Project financing, and, in any event, is responsible for all Project cost in excess of $ 250,000. The architectural firm of HGF Architects, Inc. has been obtained through a competitive selection process previously conducted by the City. 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 and best 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 98,640; it is currently estimated to be 102,723. Since the strike in the fall of 1997, Rocky Mountain Steel (RMS) has been operating with 300 less workers than pre- strike level. In the spring of 1999 RMS closed the tube mill which manufactures tube for the oil field industry which resulted in the loss of an additional 133 employees. Abandonment of Union Pacific rail lines and the elimination of coal trains through Pueblo has also resulted in the loss of another 139 workers. 3. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before December 31, 2001. However, in accordance with Paragraph 8 contained within the main body of this Contract, the Project time of performance may be extended by Change Letter, subject to mutual agreement of the State and Contractor. To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to December 31, 2001, and shall include a full justification for the time extension. Page 1 of 2 Pages EIAF - #3744 Pueblo Museum Plaza EXHIBIT A SCOPE OF SERVICES 4. BUDGET REVENUE Energy /Mineral Impact Assistance $250,000 Grant Funds Contractor Funds 250,000 Colorado Dept. of Transportation 280,000 TOTAL $780,000 EXPENDITURES Construction Documents & $10,000 Administration Adobe Building Construction 350,000 Archaeological Pavilion 420,000 Construction TOTAL $780,000 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. 200,000 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. 25,000 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. Page 2 of 2 Pages COLORADO HISTORICAL FOUNDATION THIRTEEN HUNDRED BROADWAY DENVER, COLORADO 80203 February 9, 2000 Mr. James F. Munch Director of Planning and Development City of Pueblo P.O. Box 1427 Pueblo, CO 81002 -1427 Dear Jim: On behalf of the Colorado Historical Foundation, I want assure you that funds in the amount of $250,000 are available from the Foundation for the construction of the El Pueblo Evocation and Archaeology Pavilion. These funds are available from the grant of $1,000,000 that was given to the Colorado Historical Foundation from the David and Lucile Packard Foundation for the El Pueblo project. The full amount of the grant has been transferred to the Foundation's account, and the Foundation is currently holding these funds for the purposes of disbursing them towards the El Pueblo project. Both the City of Pueblo and the Colorado Historical Society, the two partners responsible for the execution of this project, have requested that $250,000 from the Packard Foundation grant be used as the City's match for a grant from the State Energy Impact Assistance Fund (EIAF) that will be used for the construction of the El Pueblo Evocation and the Archaeology Pavilion. Since the Packard Foundation grant comes from strictly private funds, and since the proposed use of these funds falls clearly within the scope and purpose of the Packard grant, the Foundation can assure you that the requested $250,000 is available as match for the EIAF grant for this requested use. I hope this letter provides you with the assurance you need to move forward with this exciting project. If you have any questions or need anything more, please do not hesitate to call me at (303) 866 -2976 S' rely, Lane Ittelson Executive Director Cc: Georgianna Contiguglia John E. Moye Barbara Sudler Hornby /William. Zwick + f FEB 1 4 2000 (f;