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HomeMy WebLinkAbout10324RESOLUTION NO. 10324 A RESOLUTION APPROVING A CONTRACT, EIAF NO. 4726, PUEBLO DOWNTOWN IMPROVEMENTS BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The Grant Contract between the State of Colorado for the use and benefit of the Department of Local Affairs, and the City of Pueblo, relating to EIAF No. 4726, Pueblo Downtown Improvements in the amount of $278,000, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver said Contract in the name of and 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. Funds for the local match in the amount of $278,000 are made available from the Sanitary Sewer Replacement Fund and the 2005 HUTF Capital Project Fund. INTRODUCED February 28, 2005 BY Michael Occhiato Councilperson APPROVED: zz'�'Y PR E CITY C IL ATTESTED BY: CITY CLERK Aw - *f1t)32'f- up J Background Paper for Proposed Resolution AGENDA ITEM # DATE: February 28, 2005 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING A CONTRACT, EIAF NO. 4726, PUEBLO DOWNTOWN IMPROVEMENTS BY AND BETWEEN THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME Tsm� Should City Council approve a contract, EIAF No. 4726, between the Department of Local Affairs and the City of Pueblo relating to the Santa Fe Avenue Improvement Project? RECOMMENDATION Approval of Resolution BACKGROUND The Pueblo Downtown Association has been actively spearheading the enhancement of Santa Fe Avenue from 4"' Street to 8"' Street in cooperation with the City since December 2003. Planned improvements by the Wastewater Department for the replacement of the sanitary sewer line on Santa Fe between 0 Street and a Street allowed an opportunity to enhance the streetscape since the sections of curb, gutter, sidewalk and storm inlets will need to be replaced due to the construction. The goal of the project is to continue the streetscape improvements north on Santa Fe Avenue from the streetscape in front of the Arts Center completed in 1994. The streetscape portion of the project is anticipated to install sidewalk and curb neck outs at intersections of 4"', 5"', and a Streets for pedestrian crossings, storm inlets, decorative paving, landscaping, art, and seating areas. Santa Fe Avenue is the 1 -25 Business Loop through the downtown and the improvements in this area will enhance the route along Santa Fe Avenue and the entrance from the Interstate at 6"' Street. A technical committee comprised of the City staff and the Pueblo Downtown Association was formed to study this project. The Pueblo Downtown Association and NorthStar Engineering funded a preliminary design and cost estimate in the amount of $16,000 and $25,000 respectively. The first phase in the amount of $556,000 will include portions of the two blocks between 4"' and a Streets where the sanitary sewer replacement is planned. The funds from the planned construction of the sanitary sewer replacement project and overlay have enable the City to use the $278,000 as matching funds to leverage $278,000 from the EIAF, Department of Local Affairs. There will be additional funds required to continue the project to 8"' Street. The EIAF grant will allow the streetscape to be constructed in its entirety between 4"' and & Street, at the same time as the sanitary sewer replacement with the concentration of improvements at the intersections. FINANCIAL IMPACT Funds from EIAF in the amount of $278,000 will be budgeted and appropriated and a Capital Project No. PI-0503, Santa Fe Avenue Improvements will be established. Funds for the local match in the amount of $264,000 are available from the Sanitary Sewer Replacement Fund and $14,000 are provided from the 2005 HUTF Capital Project Fund. EIAF #4726 - Pueblo Downtown Improvements Contract Routing # (N0 I CS Vendors A % b CFDA # WA GRANT CONTRACT ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM THIS CONTRACT, made by and between the State of Colorado for the use and benefit of the lent of Local Affairs 1313 Sherman Street, Deriver, Colorado 80203 hereinafter referred to as the State, tha (:Iw of Fh whin 91 rife Hall Plarw_ 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 yr.nt in Fund Number 152. Appropriation Code Number 127 , Org. Unit FBAO GBL S. /1�d Contract Encumbrance Number F05S4726 ;and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist polifical subdivisions of the state and state agencies that are experiencing social and economic impacts resulting from the development, processing, or energy conversion of minerals or mineral fuels; and WHEREAS, pursuant to 39-29 -110, C.R.S., the Local Govemment 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., the Executive Director of the Department is authorized to make grants from the Local Government Severance Tax Fund to those polifical 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 or state agency eligible to receive Energy and Mineral Impact Assistance funding, 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 wishes to provide assistance in the form of a grant from the Local Govemment 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, herein referred to as the "Project." Costs incurred prior to the date of execution of this Contract by the State Controller or designee shall not be reimbursed by the State unless spedilcally allowed in the "Project Description, Objectives and Requirements" section of Exhibit A. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Bill Zwick an employee or agent of the Contractor, who is hereby designated as the responsible administrator of the Project. At any time the Contractor wishes to change the responsible administator, the Contractor shall propose and seek the S'tate's approval of such replacement responsible administrator. The State's approval shall be evidenced through a Unilateral Contract Amendment to this contract initiated by the State as set forth in paragraph 8.b) of this Contract. Until such time as the State concurs in the replacement responsible administrator, the State may tired that Project work be suspended. 3. Time of Performance. This Contract shall become effective upon the date of proper execution of this Contract by the State Controller or designee. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed as set forth in the Time of Page 1 of 7 Performance" section of Exhibit A. Expenses incurred by the Contractor in association with the Project prior to execution of this Contract by the State Controller or designee shall not be considered eligible expenditures for reimbursement by the State unless specifically allowed in the 'Project Description, Objectives and Requirements' section of Exhibit A. 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 Ferber into Contract and Proceed with Project. The Contractor assures and warrants that it possesses the legal authority to enter into this Contract. The person signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he/she has troll authorization to execute this Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed with the Project. Furthermore, if the nature or structure of the Project is such that a decision by the electorate is required, the Contractor represents and warrants that it has held such an election and segued the voter approval necessary to allow the Project to proceed. 5. Compensation and Method of Payment: Grant 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 TM HUNDRED SEVENTY -EIGHT THOUSAND AND L( 100 Dollars ( $278.000.00 ). 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 paid to the Contractor and 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. Any State funds not required for completion of the Project will be deobligated by the State. 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 and Budget At all times from the effective date of this Contract until completion of the Project, the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with the Project All receipts and expenditures associated with the 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 without approval of the State provided that no budget transfers to or between administration budget categories are proposed and provided that cumulative budgetary line item changes do not exceed Twenty Thousand Dollars (;20,000.00), unless otherwise specified in the 'Budget section of Exhibit A. Any budgetary modifications that exceed these limitations must be approved by the State through a Bilateral Contract Amendment as set forth in Paragraph 8.c). 8. Modification and Amendment a) Modification by Operation of Law. This Contract is subject to such modifications as may be necessitated by changes in federal or state law or requirements. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Unilateral Amendment The State may unilaaterally modify the following portions of this Contract when such modifications are requested by the Contractor or determined by the State to be necessary and appropriate. In such cases, the Amendment is binding upon proper execution of the Amendment by the State Controller's designee and without the signature of the Contractor. Paragraph 2 of this Contract, 'Responsible Administrator; ii) Paragraph 3 of Exhibit A, Scope of Services 'Time of Performance"; iii) Paragraph 5 of Exhibit A, Scope of Services 'Remit Address "; iv) Paragraph 6 of Exhibit A, Scope of Services 'Payment Schedule "; Page 2 of 7 v) Paragraph 22 of this Contract if applicable, Repayment of Loan, and Exhibit B, Loan Repayment Schedule Contractor must submit a written request to the Department if modifications are required. Amendments to this Contract for the provisions outlined in this Paragraph 8 b. i) through v): Responsible Administrator, Time of Performance, Remit Address, Payment Schedule, or Repayment of Loan and Loan Repayment Schedule can be executed by the State (Exhibit Cl). c) Bilateral Amendment In the following circumstances, modifications shall be made by an Amendment signed by the Contractor, the Executive Director of the Department and the State Controller's designee. Such Amendments mist be executed by the Contractor then the State and are binding upon proper execution by the State Controllers designee. i) unless otherwise specified in the "Budget section of Exhibit A, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) unless otherwise specified in the "Budget section of Exhibit A, when any budget transfers to or between administration budgetary categories are proposed; iii) when any other material modifications, as determined by the State, are proposed to Exhibit A or any other Exhibits; iv) when additional or less funding is needed and approved and modifications are required to Paragraph 5 of this Contract, "Compensation and Method of Payment as well as to Exhibit A "Budget and "Payment Schedule "; v) when there are additional federal or state statutory or regulatory compliance changes in accordance with Paragraph 20 of this Contract. Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral Amendment as set forth in subparagraph 8.b) of this paragraph. Upon proper execution and approval, such Amendment (Exhibit C2) shall become an amendment to the Contract, effective on the date specified in the amendment No such amendment 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) Odw Modifications. If either the State or the Contractor desired 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 state agencies as appropriate, e.g. Attorney General, State Controller, etc. Such Amendment may also incorporate any modifications allowed to be made by Unilateral and Bilateral Amendment as set forth in subparagraphs 8.b) or 8.c) of this paragraph. 9. Audit a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives and the federal government or any of its duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any subcontractors records, brooks, accounts and other relevant documents. For the purposes of discretionary audit, the State specifically reserves the right to hire an independent Certified Public Accountant of the State's choosing. A 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 of 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 or the federal government calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report as required by the Colorado Local Government Audit Law, 29- 1-601, et sec , C.R.S., 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 Page 3 of 7 applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrati ve actions filed pursuant to 29 -1-607 or 29- 1-608, C.R.S. 10. Conflict of Interest. The Contractor shall comply with the provisions of 18 -8-308 and 24-18 -101 through 24-18 -109, C.R.S. 11. Contract Suspension. If the Contractor fags 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. 12. Contract Termiud ion. 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) Termiration for Cause. If, through any cause, the Contractor shag 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 shag, 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 shag 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 offset 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 desires. 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. All finished or unfinished documents and other materials as described in subparagraph 12.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°A) 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. 13. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understandings between the parties at this time and no prior or contemporaneous addition, deletion or modification 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 paragraph 8 of this Contract and applicable law. 14. 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 va lidity 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. Page 4 of 7 M Binding on Successors. Except as herein otherwise provi ded, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 16. 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 shah in any case release the Contractor of responsibilities under this Contract. 17. 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 shah be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. 18. 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, or other successor if specifically authorized in Exhibit A, so that the property can continue to be used as a public facility or to provide a public service. 19. Non - Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws and requirements with respect to discrimination and unfair employment practices. 20. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor shah strictly adhere to all applicable Federal and State laws that have been or may hereafter be established. 21. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: A Colorado Special Provisions B. Contract C. The Scope of Services, Exhibit A Page 5 of 7 (For Use Only with Inter - Governmental Contracts) 1. CONTROLLERS APPROVAL. CRS 24.30.202 (1) This conti shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24202 (5.5) 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. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall Indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and atlomey fees incurred as a result of any act or ornission by the Contractor, or its employs", agents, subantracbn. or assignee pursuant to the lama of this contract. No term or condition of this contract shall be construed or Interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other prov�ns for the partColorado s, of the Colorado Governmental Immunity Act, CRS 24- 10101 at seq or . the Federal Tort CNims ions Act, 2e U.S.C. 21571 at seq. as appivable, as now or hernRer amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) 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. 5. NON - DISCRIMINATION. The conlraclor agrees b comply with the letter and the $ptri of all applicable stab and federal laws resprdYg discrimination and unfair empbymsnt praetlas. 6. CHOICE OF LAW The laws of the SUM of Colorado and rules and regulations "ad pursuant thereto shall be applNd in IM inlerpratation, exacufon. and enforcement of this contract Any provision of this contract, whedw or net incoiporaM M d ein by refarance, which provides for arbitration by any extra- judhlel body or person or which is otherwise in co nflict with said la ws, rules, and regulations shall be considered mill and Nea anh�trhel anV kwor«mdsd In a � nf to uagaN this er any other special prov whole ce Won in void or w ar way of defense. or oearwlee. Mr provision rendered null and void by the operation of this provision wli not Invalidate the rermindsr�nti to the extent that the contract is capable of execution. At all times during the parlormenoa of this contract. the Contractor shall strkdy adhere to all applicable federal and stab laws, rules. and ngu kMons the have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION Govemoes Executive Order D 002 00 No atale or other pubic larch payable under this Contract shall be used for the ac*deilan, operation, or naInlerance of computer scrams in violation of Unbad Stabs co=pyr�ht laws or appicabN restrictions' The Contractor hereby cwdRes that, for the term of this Contract and any extensions the Cor bailor hea In place aP systems and controls to prevent such improper use of ppuublic funds. R t Sta te d etertni es that tiro Contracto is In vio lation of la paragw the State may exercise any remedy available M law or equity o his Contract Yo g, oil out ad , trhrrrdlale to of the Contract and and ar rernedy corhslalsnt with United B. EMPLOYEE FINANCIAL INTEREST. CRS 24-18 -201 & CRS 24.50 -507 The elgnabdas aver tint to eat k no employee of the Stele of Cobnilo has any personal or beneficial interest w h timm In the service or property described herein. Effective Date: April 1, 2004 Pwm R of 7 _iAkIVA A !z _11 flali7S'1� CONTRACTOR: STATE OF COLORADO: BILL OWENS. GOVERNOR CITY OF PUEBLO. COLORADO I epal Name of Contecling En*y Deparknent of Local Affairs PRE- APPROVED FORM CONTRACT REVIEWER: CORPORATIONS: (A corporate attestadon is required.) Attest (Seal) BY (Corpo a�h.ry or E4�Mnt. or TowrMCilylComNy CNAd (Pow carponpr 8"1 ton, It avaYebN) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24- X0.201 faquirms " the Shhb ControNw approve aN stale conhacts. This oontrect is not valid unto the State Conl oNer, or such assistant as he may delegate, has signed it The contni for is not aull horimed to begin pmfm..mme hrMil the contact is signed and dabd bebw. N perlbmwnce begins prior to the date below, the Slate of Colorado may not be obligated to pay for the goods and/or services pmvided• STATE CONTROLLER: Leslie M. Slhanslelt Effective Date: April 1, 2004 Pmw.. 7 of 7 Ro bert D. Schilling, Jr.,PRESIDENT Print Name & Tide of Audmzed Officer ElAF #4726 - Pueblo Downtown Improvements EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION, OBJECTIVES AND REQUIREMENTS The Project consists of infrastructure and streetscape enhancements to two blocks of North Santa Fe Avenue in the downtown area of the City of Pueblo (Contractor). It will include the replacement of sewer lines, sidewalks, ADA ramps, storm sewer, paving, and landscaping. The Project will include the cost for preparation of design and bid documents by professional engineering consultants and construction and improvement costs. Eligible expenses include the design, engineering, and construction of the Project as described above. Energy and Mineral Impact Assistance funds in the amount of TWO HUNDRED SEVENTY -EIGHT THOUSAND AND )X/100 Dollars ( $278.000.00 ) are provided under this Contract to finance Project costs. The Contractor is expected to provide TWO HUNDRED SEVENTY -EIGHT THOUSAND AND XX/100 Dollars ( $278,000.00 ) in Project financing, and, in any event, is responsible for all Project cost in excess of TWO HUNDRED SEVENTY -EIGHT THOUSAND AND XXI100 Dollars ( $278,000.00 ). The Contractor shall comply with all applicable statutory design and construction standards and procedures that may be required by the Colorado Department of Public Health and Environment and shall provide the State with documentation of such compliance. 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. 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 upon request, 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. Contractor agrees to aclmowledge the state Department of Local Affairs in any and all materials or events designed to promote or educate the public about the project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 2. ENERGY AND MINERAL IMPACT Pueblo has been impacted by the fluctuating economic conditions in the steel and coal industries that have influenced the vitality of the CF & I Steel Mills and the Burlington Northern Railroad for the past century. 3. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before March 31, 2007 However, in accordance with paragraph 8.b. or 8.c. contained within the main body of this Contract, the Project time of performance may be extended by a Contract Amendment. To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to March 31.2007 and shall include a full justification for the time extension. Page 1 of 2 EIAF "726 - Pueblo Downtown Improvements 4. BUDGET Revenues Expenditures $27,800 Energy/Mineral Impact - GRANT $278,000 Engineering $50,000 Contractor Funds 278.000 Construction 228,000 in the performance of this Contract Payments shall be based upon properly Sanitary Sewer 264,000 Overlay 14.000 Total $556,000 Total $556,000 5. REMIT ADDRESS: (Address to where payments are to be sent) #1 City Hall Place Pueblo CO 81003 _ 6. PAYMENT SCHEDULE Grant Pavrrrents $27,800 Initial payment to be made within thirty (30) days of the date of execution of this Contract. 222,400 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. 27,800 Final payment to be made upon the completion of the Project and submission of final financial and narrative status reports documenting the expenditure of all Energy/Mineral Impact Assistance funds for which payment has been requested. $278,000 Total 7. CONTRACT MONITORING The State shall monitor this Contract on an as- needed basis. 8. REPORTING SCHEDULE At the time Contractor inflates payment requests, the Contractor shall submit financial and narrative status reports detailing Project progress and properly documenting all to-date expenditures of Energy and Mineral Impact Assistance funds. Page 2 of 2