HomeMy WebLinkAbout10659RESOLUTION NO. 10659
A RESOLUTION APPROVING GRANT CONTRACT EIAF NO. 4925 BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE
AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIR'S ENERGY AND MINERAL IMPACT
ASSISTANCE PROGRAM IN THE AMOUNT OF $907,000 RELATING TO THE HISTORIC
ARKANSAS RIVERWALK OF PUEBLO - PHASE III A -1 AND THE ARKANSAS RIVER LEGACY
PROJECT, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has received a $907,000 grant from the Energy and Mineral
Impact Assistance Program from the State of Colorado for the use and benefit of the Department
of Local Affairs for the HARP Phase III A -1 project and the Arkansas River Legacy "Parks and
Trail" project relating to the Frying Pan Arkansas Interpretative Sign.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A Grant Contract between the City of Pueblo, a Municipal Corporation, and the State of
Colorado for the use and benefit of the Department of Local Affair's Energy and Mineral Impact
Assistance Program (EIAF Contract No. 4925) for providing $907,000 in funds for the HARP Phase
III A -1 project and the Arkansas River Legacy project, a copy of which is attached hereto 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 the 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.
$900,000 of said funds shall be deposited in HARP Phase III A -1 Capital Improvement
Project No. PWHP07 and $7,000 shall be deposited in the Arkansas River Legacy Capital
Improvement Project No. AL0202.
SECTION 4.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED February 27, 2006
BY Randy Thurston
Councilperson
APPROVED: — ,
President of Cit Council
ATTESTED BY:
CITY CLERK
)Q0. 44 106P5y
Background Paper for Proposed
Resolution
AGENDA ITEM # 12
DATE: FEBRUARY 27, 2006 d A 06
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING GRANT CONTRACT EIAF NO. 4925 BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL
AFFAIR'S ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM IN THE
AMOUNT OF $907,000 RELATING TO THE HISTORIC ARKANSAS RIVERWALK OF
PUEBLO - PHASE III A -1 AND THE ARKANSAS RIVER LEGACY PROJECT, AND
AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve Grant Contract No. 4925 with the Energy and Mineral
Impact Assistance Program from the State of Colorado for the use and benefit of the
Department Of Local Affairs for the HARP Phase III A -1 project and the Arkansas River
Legacy "Parks and Trail" project relating to the Frying Pan Arkansas Interpretative
Sign?
Approve the Resolution.
The City of Pueblo received a $907,000 grant from the Energy and Mineral Impact
Assistance Program (EIAF) from the State of Colorado for the use and benefit of the
Department Of Local Affairs. $900,000 of the funds will be used for construction of the
HARP Phase III A -1 project and $7,000 of the funds will be used to reimburse the
Arkansas River Legacy °Parks and Trail" project, which were used to construct the
Frying Pan Arkansas Interpretative Sign.
Phase III, the Gateway Park extension of the HARP project to the Convention Center, is
estimated to cost $7.3 million. The EIAF funded portion of Phase III A -1, when matched
with other committed funds (see below), will allow the construction of Phase III A -1
including preparation of the construction drawings; subsurface infrastructure and utility
improvements; channel extension and attached walkway and landscaping. The
estimated budget for this work, including contingency, is $3,080,568, with an additional
$20,000 for environmental mitigation contingency.
Prior to construction of the HARP Phase III A -1 project, the City will relocate the
Municipal Court's operation at an estimated cost of $150,000 and demolish the existing
Municipal Court building. The demolition will be funded by the HARP Foundation.
FINANCIAL IMPACT
The City is budgeting $3,107,568 and appropriating an additional $3,003,568 in general
fund monies for the project. As the following grants are received, they will substitute the
general fund monies appropriated for the project. This EIAF grant will provide
$900,000.
A breakdown for funding the HARP Phase III A -1 project is listed below:
$1,000,000 Economic Development Administration (EDA)
907,000 Department of Local Affairs (EIAF Contract No. 4925)
500,000 Great Outdoors Colorado
650,568 HARP Foundation ($100,000 per Ordinance No. 6844)
($247,000 per Ordinance No. 7047)
50,000 Pueblo Urban Renewal Authority (per Ordinance No. 6844)
$3,107,568" Total EDA Budget ($20,000 for Environmental Mitigation
Contingency and $3,080,568 for Construction of Phase III A -1)
*This includes funds already expended for schematic design
($150,000) and final design ($246,900) development for HARP III A -1.
Funds in the amount of $900,000 shall be deposited in HARP Phase III A -1 Capital
Improvement Project No. PWHP07 and funds in the amount of $7,000 shall be
deposited in Arkansas River Legacy Capital Improvement Project No. AL0202.
EIAF #4925 - Pueblo Arkansas Riverwalk -Phase III
Con Vact Rou6n # O y
Wndor# V
CFDA # N/A
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
Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 hereinafter referred to as the
State, 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 unencumbered balance thereof remains av il� for payment in Fund Number 153,
Appropriation Code Number 128, Org. Unit FAAO , GBL hylro Contract Encumbrance
Number F06MLG4925 ; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to assist political 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 sections 34 -63 -102, C.R.S., the Local Government Mineral Impact Fund has
been created, which fund is administered by the Department of Local Affairs, herein referred to as the
"Department" through the Energy and Mineral Impact Assistance program; and
WHEREAS, pursuant to section 34- 63- 102(5)(a)(1), C.R.S., the Executive Director of the Department is
authorized to make grants from the Local Government Mineral Impact Fund to political subdivisions, including
public schools, for the planning, construction and maintenance of public facilities and for 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
Government Mineral Impact Fund to the Contractor for the Project upon mutually agreeable terms and conditions
as hereinafter set forth;
NOW THEREFORE, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as
indicated in the "Scope of Services," set forth in the attached Exhibit A, 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 specifically 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 Steven Meier 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
administrator, the Contractor shall propose and seek the State'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 direct 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
Performance" section of Exhibit A. Expenses incurred by the Contractor in association with the Project prior to
Page 1 of 7
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 Enter 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 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. 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 secured 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 Mineral
Impact Fund in an amount not to exceed NINE HUNDRED SEVEN THOUSAND AND XX/100 ---- — --- --- Dollars
( $907,000.00 ). 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 unilaterally 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.
i) 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 ";
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,
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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 must be executed by the Contractor then the State and are binding upon
proper execution by the State Controller's 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) other 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 duty 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
subcontractor's records, books, 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 fire (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, at seg, 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
applicable requirements, the Department reserves the right to institute compliance or other appropriate
proceedings notwithstanding any other judicial or administrative 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 2418 -101 through
2418 -109, C.R.S.
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11. 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.
12. Contract Termination. This Contract may be terminated as follows
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the
purpose of contracting for the services provided for herein, and therefore, the Contractor expressly
understands and agrees that all its rights, demands and claims to compensation arising under this
Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part
thereof are not received by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants,
agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof, at least twenty (20) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State, become its property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State
may withhold any payments to the Contractor for the purpose of 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 %) 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 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.
1s. 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.
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 shall in any
case release the Contractor of responsibilities under this Contract.
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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 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.
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
shall 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
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SPECIAL PROVISIONS
(For Use Only with Inter - Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24- 30-202 (1)
This contract 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 24-30 -202 (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 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.
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 provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24 -10 -101 at seq. or the
Federal Tort Claims Act, 28 U.S.C. 2671 at seq. as applicable, as now or hereafter 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 contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair
employment practices.
6. CHOICE OF LAW
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 extrajudicial 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.
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.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No Stale or dher public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer
software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term
of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public
funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or
equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United
States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24- 18-201 & CRS 24-50 -507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in
the service or property described herein.
Effective Date: August 1, 2005
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
CITY OF PUEBLO, COLORADO
Legal Name of Contracting Entity
STATE OF COLORADO:
BILL OWENS, GOVERNOR
B
arbara Kirkmey r, ing Executiv Director
846000615
Social urity Number or FEIN
Signature of Authorized Officer
MYCA?4' A. bacHSATe PRESIDENT
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Department of Local Affairs
PRE - APPROVED FORM CONTRACT REVIEWER:
Attest (Seal) By ' — , ' coo n
(CO a Secretary or Equivalent, or Town /City /County Clerk) (Place corporate seal here, if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below, the State of Colorado may not be obligated to pay for the goods and/or services
provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By Rose4 ie Auten, Comt oiler
DepartpKent of Local Affairs
Date C r5 I C A l in ('
Effective Date: August 1, 2005
PanP 7 of 7
EXHIBIT A
SCOPE OF SERVICES
EIAF #4925 - Pueblo Arkansas Riverwalk -Phase III
EXHIBIT A
SCOPE OF SERVICES
1.
PROJECT DESCRIPTION, OBJECTIVES AND REQUIREMENTS
The Project consists of the final phase of designing and constructing the Historic Arkansas Riverwalk of
Pueblo, called Gateway Park, and the interpretative signage relating to the Arkansas River Legacy
Project in the City of Pueblo (Contractor). This element will incorporate a civic plaza as the Rivenvalk is
extended to meet the City's convention center. The 2004 voter approved relocation of the City's police
headquarters opens up this area for the civic plaza, as well as for 200,000 square feet of commercial
development on land adjacent to the public access to the City's river trail system.
Eligible expenses include costs associated with the Project as described above.
Energy and Mineral
XX/100 Dollars ( I
Contractor is exoecl
excess
2
3.
Dollars ( $907.000.00 ).
Construction plans and specifications shall be drawn up by a qualified engineer licensed in the State of
Colorado and hired by the Contractor through a competitive selection process.
A construction contract shall be awarded to a qualified construction firm through a formal public bid
process with the Contractor being obligated to award the construction contract to the lowest responsible
bidder meeting the Contractor's specifications.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be
submitted to the Department of Local Affairs 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 acknowledge 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.
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.
TIME OF PERFORMANCE
The Project shall commence upon the full and proper execution of this Contract and shall be completed
on or before October 31. 2008 . 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 October 31. 2008 and shall include a full justification for the time
extension.
Assistance funds in the amount
1.00 ). are provided under this C
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EIAF #4925 - Pueblo Arkansas Riverwalk -Phase III
4. BUDGET
Revenues
Energy /Mineral Impact - GRANT
Contractor & Foundation Funds
EDA
Urban Renewal
GOCo
Total
5. REMIT ADDRESS:
#1 City Hall Place
Pueblo, CO 81003
6. PAYMENT SCHEDULE
Grant Payments
$90,700
725,600
90.700
$907,000
Expenditures
$907,000 Demolition /Site Preparation $114,600
650,568 Construction 2,110,345
1,000,000 Design, Legal, Appraisals 567,468
Contingencies 288,155
50,000
Environmental Mitigation 20,000
500.000
Interpretive Signage 7 000
$3,107,568 Total $3,107,568
Initial payment to be made within thirty (30) days of the date of execution of
this Contract.
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.
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.
Total
7. CONTRACT MONITORING
The State shall monitor this Contract on an as- needed basis.
8. REPORTING SCHEDULE
At the time Contractor initiates 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.
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