HomeMy WebLinkAbout08408ORDINANCE NO. 8408
AN ORDINANCE ESTABLISHING CAPITAL PROJECT
NUMBER PL1104, BUDGETING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $600,000 RELATING TO THE
CITY HALL AND MEMORIAL HALL EXTERIOR
RESTORATION PROJECT, PHASE II, APPROVING A
CONTRACT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO, THE DEPARTMENT OF HIGHER
EDUCATION, HISTORY COLORADO, THE COLORADO
HISTORICAL SOCIETY, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the State of Colorado, Department of Higher Education, History
Colorado, the Colorado Historical Society, has offered funds through Contract 2012-01-
013; and
WHEREAS, the Pueblo Urban Renewal Authority has offered funds through a
Design and Construction Agreement for Memorial Hall, Ordinance No. 8305;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract between Pueblo, a Municipal Corporation, and the State of
Colorado, for the use and benefit of the Department of Higher Education, History
Colorado, the Colorado Historical Society, 2012-01-013 (hereinafter referred to as the
“Contract”), a copy of which is attached, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2.
Funds from the SHF Contract, 2012-01-013 in the amount of $200,000 are
hereby budgeted and appropriated for the City Hall and Memorial Hall Exterior
Restoration Project, Phase II, PL1104.
SECTION 3.
Funds from the Pueblo Urban Renewal Authority, pursuant to the Design and
Construction Agreement, in the amount of $400,000 are hereby budgeted and
appropriated for the City Hall and Memorial Hall Exterior Restoration Project, Phase II,
PL1104.
SECTION 4.
The President of the City Council is authorized to execute and deliver the
Contract in the name of the City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
SECTION 5.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED November 14, 2011
BY: Chris Kaufman
COUNCILPERSON
PASSED AND APPROVED: November 28, 2011
Background Paper for Proposed
ORDINANCE
DATE: NOVEMBER 14, 2011 AGENDA ITEM # Q-10
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE ESTABLISHING CAPITAL PROJECT NUMBER PL1104,
BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $600,000
RELATING TO THE CITY HALL AND MEMORIAL HALL EXTERIOR RESTORATION
PROJECT, PHASE II, APPROVING A CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, THE
DEPARTMENT OF HIGHER EDUCATION, HISTORY COLORADO, THE COLORADO
HISTORICAL SOCIETY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE SAME
ISSUE
Shall City Council establish Capital Project PL 1104, budget and appropriate $600,000
relating to the City Hall and Memorial Hall Exterior Restoration, Phase, II and approve a
contract with the State of Colorado, Department of Higher Education, History Colorado,
the Colorado Historical Society?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The Project is the second phase of the restoration of the Pueblo City Hall and Memorial
Hall. Phase I replaced and repaired the roof, repaired upper cornice stone, and brick
work. Phase II will repair the existing masonry on City and Memorial Hall, rehabilitate
windows on Memorial Hall, replace non-historic metal doors and transoms, restore and
paint existing windows, exterior wood trim, and new doors and transoms. The Project
will be closely coordinated with the other existing ongoing construction projects in City
and Memorial Hall.
As a condition of the grant from the Colorado Historical Society, the City is obligated to
comply with a covenant on the exterior of the buildings for twenty (20) years.
FINANCIAL IMPACT
History Colorado, the Colorado Historical Society, has awarded the City a grant for
$200,000. The remaining $400,000 local match will be paid pursuant to an existing
agreement with the Pueblo Urban Renewal Authority. Funds in the amount of $600,000
will be budgeted and appropriated in Capital Project PL1104.
Form (R 5/98)
Department or Agency Name
History Colorado, the Colorado Historical Society
Department or Agency Number
GCA
Routing,Number
APPROVED WAIVER FORM #37 -E
CONTRACT #2012 -01 -013
�Z`H^ C:A-in-1 L0-- v
THIS CONTRACT Made this 1 day of 2011 , by and between the State of Colorado for the use
and benefit of the Department of Higher Education, I- Iistory Colorado the Colorado Historical Society 1200 Broadway Denver, Colorado 80203
hereinafter referred to as the State and /or I -listory Colorado, and the City of Pueblo, PO Box 1427, 1 City Hall Place, Pueblo, Colorado
81003, hereinafter referred to as the `Contractor
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted
balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number
(72- 1013 in Fund Number 401 Appropriation Account 401 and Organization SHFG and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies, and
WI- IEREAS, Article 12 -471 1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article XVIII of the state
constitution, provide for the annual distribution of monies from the State I- Iistorical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award for acquisition and
development projects with cumulative grant awards of $50,000 and over; and
WI- IEREAS, this Contract (hereinafter "Contract or Agreement ") sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the 'Project" and
WHEREAS, thc Contractor is public entity and the owner in fee simple of certain real property in Pueblo County Colorado, which property has
been listed in the National Register of historic Places as the Pueblo City l -fall and Memorial Hall located at 1 City Hall Place, Pueblo
Colorado, hereinafter referred to as the `Property and which Property is more particularly described as tollows.
LO'1 5 BLK 1 HISTORIC ARKANSAS RIVERWAI k PRO)ECI [TLINC #1 FORMELRY 05- 361 -46 -007 + 05- 364 -22 -001 + -002
+ -005
NOW TI- IEREFORE, it is hereby agreed that:
1 The Contractor shall use funds subject to this Contract in support of Project #2012 -01 -013 "Exterior Rehabilitation Phase
II" in accordance with the Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications developed
prior to or during the contract period, which arc hereby made a part of this Contract by reference.
2. APPLICABLL STANDARDS. The Contractor agrees that it will perform the activities and produce the deliverables listed in
Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior s Standards for Archaeology and
Historic Preservation. Contractor shall perform any and all survey activities and submittals in accordance with the Survey Manual
and I -Iow to Complete Colorado Cultural Resource Inventory Forms, Volumes I and I1 June 1998 (Revised December 2001) for
any and all survey activities and projects (copies ot which are available through I- Iistory Colorado).
3 RIGIIT OF USE. All copyrightable materials and /or submittals developed or produced under this contract are subject to a
royalty-free, nonexclusive, and irrevocable license to I- Iistory Colorado to reproduce, publish, display perform, prepare
derivative works or otherwise use, and authorize others to reproduce, publish, display perform, prepare derivative works, or
otherwise use, the work or works for History Colorado and /or State I- Iistorical Fund purposes. t
4 CONTRACT EFFECTIVE DATE. The term of this Contract shall be from No 0, 2011 through November
30, 2013. Cc--
The performance ot the work must be commenced within sixty (60) days ot the Contract beginning date unless a longer period
is approved in writing by the State Historical Fund Administrator. The performance of the work must be completed no later than
thirty (30) days prior to the Contract ending date.
5. COMPENSATION AND METHOD OF PAYMENT In consideration of thc project described in Exhibit A and subject to
on time delivery of completion of the milestones contained in thc List of Submittals set forth in Exhibit C, the State shall pay to
the Contractor a grant not to exceed two hundred thousand dollars ($200,000.00).
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Unless otherwise specified in Exhibit C, the State shall advance forty - percent (40 %) of thc total grant amount upon proper
execution of this contract and upon submission of a SI -IF Payment Request, fifty - percent (50 %) will be paid to the Contractor
upon submission and approval of the Interim SHF Financial Report. The remaining ten - percent (10 %) of the grant amount shall
be paid following Contractor s submission and thc State s approval of the Final SHF Financial Report and SHF Payment Request
Form (Attachments 1 and 2). All payments arc subject to the satisfactory completion of milestones described in Exhibit C and
submission by Contractor of either documented proof or certification of expenditures with each financial report.
Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State
reimbursement. If the Project involves matching funds the SI -IF may allow prior expenditures in furtherance of thc Scope of
Work to be counted as part of such matching funds.
6. ACCOUNTING At all tunes from the effective date of this Contract until completion of this Project, the Contractor shall
maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts
and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the
Budget set forth in Exhibit B. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget
without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure
amounts in excess of ten percent (10 %) must be authorized by the State. In no event shall the State s total financial obligation
exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to
eligible project expenditures, and will be deducted from the final payment.
7 AUDIT The State or its authorized representative shall have the right to inspect, examine, and audit Contractor s records,
books, and accounts, including the right to hire an independent Certified Public Accountant of the State s choosing and at the
State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of
this Contract until three (3) years after the date final payment for this Project is received by the Contractor provided that the
audit is performed at a time convenient to the Contractor and during regular business hours.
8. PARTIES RELATIONSHIP• CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF THE
STA'T'E. CONTRACTOR SI -TALL HAVE NO AUTHORITY EXPRESS OR IMPLIED TO BIND THL STATE TO ANY
AGRLEMENTS OR UNDERSTANDINGS WITI -IOUT T'I -IE EXPRESS WRFc TEN CONSENT OF TI -IE' STATE. TI -IL
CONTRACTOR REPRESENTS TI -TAT IT HAS OR SI-IALL SECURE AT I"TS OWN EXPENSE ALL PERSONNEL BY
TI -IE CONTRACTOR UNDER THIS CONTRACT TI -IE CONTRACTOR SHA1.,L BE RESPONSIBLE FOR
PROVIDING WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT COMPENSATION
COVERAGE FOR ALL OF ITS EMPLOYEES TO THE EXTENT REQUIRED BY LAW AND FOR ENSURING
THAT ALL SUBCONTRACTORS MAINTAIN SUCI -I INSURANCE. CONTRACTOR SI -TALL PAY WHEN DUE ALL.
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHI- IOLDING ALL OF TT -IE SERVICES REQUIRED
HEREUNDER SHALL BE PERFORMED BY TI -IE CONTRACTOR OR UNDER ITS SUPERVISION
9 REPRESENTATIVES AND NO'T'ICES. All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below who are also the designated representatives for the project.
Any party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent.
To the State: Steve W Turner
Vice President OAHP and SHF /Deputy SI -IPO
1-listory Colorado, the Colorado Historical Society
1200 Broadway
Denver, Colorado 80203
To the Contractor: Mr. William /wick
Landscape Architect
City of Pueblo- Department of Community Development
211 Last D Street
Pueblo, Colorado 81003
10. ADA COMPLIANCE. The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability be excluded from participation in, or denied benefits of the service,
programs, or activities performed by the Contractor, or be subjected to any discrimination by thc Contractor upon which
assurance the State relics. Further, all real property improvements shall conform to applicable ADA requirements.
11 DISSEMINATION OF ARCI- IAEOLOGICAL SITE LOCATIONS. Contractor agrees to provide History Colorado with
copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by
History Colorado. Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other
information concerning the nature and location of archaeological resources, in strict accordance with the provisions of History
Colorado -the Colorado Historical Society Office of Archaeology and Historic Preservation, Dissemination of Cultural
Resource, Policy and Procedures, adopted October 1991 (Revised Nov 2002) a copy of which is available from History
Colorado.
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12. REPORTS. Contractor shall deliver project progress reports to the State every six (6) months during the project which
document the progress of the Project, and SHF Financial Reports (Attachment 1) as described and at the times in the List of
Submittals (Exhibit C).
13. MATCI -IING FUNDS. Contractor agrees to make available the necessary funds to complete the Project and provide matching
funds, if applicable, in accordance with the Project Budget as set forth in Exhibit B. In the event that said matching funds
become unavailable, the State may in its sole discretion, reduce its total funding commitment to the Project in proportion to the
reduction in matching funds.
If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro -rata share of the unexpended budget.
14 CONSULTANTS /SI'T'E VISITS. The State may
a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines,
b. Make site visits as determined necessary by thc State before, during and /or at the conclusion of the Project to provide on -site
technical advice and to monitor progress.
Any exercise of the State s rights under this Paragraph 14 shall not relieve the Contractor of any of its Contract obligations.
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE. In all publications and similar materials funded under this
Contract, a credit line shall be included that reads. 'This project is /was paid for in part by a State Historical Fund grant from
History Colorado, the Colorado Historical Society " In addition, History Colorado reserves the right to require that the
following sentence be included in any publication or similar material funded through this program: The contents and opinions
contained herein do not necessarily reflect the views or policies of History Colorado, the Colorado Historical Society
16. PRESERVATION OF PROPERI't The Contractor hereby agrees to the tollowmg tor a period ot twenty (20) yLars
commencing on the date of this Agreement.
a. Without the express written permission of History Colorado, no construction, alteration, movement, relocation or remodeling
or any other activity shall be undertaken or permitted to be undertaken on the Property which would alter the architectural
appearance of the Property adversely affect thc structural soundness of the Property or encroach on the open land area on
the Property' provided, however, that the reconstruction, repair, or restoration of the Property damage to which has resulted
from casualty loss, deterioration, or wear and tear, shall be permitted subject to the prior written approval of History
Colorado, provided that such reconstruction, repair or restoration is performed according to the Secretary ot the Interior's
Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings, issued and as may from time to time be amended by the U S Secretary of the Interior,
hereinafter collectively referred to ,as the `Standards In all events, the Contractor further agrees at all times to maintain the
Property in a good and sound state of repair and to maintain the Property according to the Standards so as to prevent
deterioration of the Property
b. In the event of severe damage or total destruction to the Property (defined, for the purpose of this Agreement, as sudden
damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy not or other similar casualty) not due
to the fault of the Contractor this Agreement shall terminate as of the date of such damage or destruction.
c. History Colorado, or a duly appointed representative ot I- Iistory Colorado, shall be permitted to inspect the Property at all
reasonable times in order to ascertain if the above conditions are being observed.
d. Within sixty (60) days prior to completion of this Contract, Contractor covenants and agrees that History Colorado will
record this Contract with the County clerk and recorder for the county in which the property is located. Contractor further
covenants and agrees that this Contract will constitute a binding covenant that will run with the land.
c. To the extent authorized by law the Contractor shall indemnify save, and hold harmless the State, its employees and agents,
against any and all claims, damages, liability and court awards, including costs, expenses, and attorneys tees incurred as a result
of any act or omission by the property owner, or its employees, agents, subcontractors, or assignees pursuant to the terms of
this contract.
17 REMEDIES. In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise
available at law the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or pertorm
thc duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean
significant, insufficient, incorrect, or improper performance, activities, or inaction by the Contractor. These remedial actions are
as follows.
a. Suspend the Contractor s performance pending necessary corrective action as specified by thc State without Contractor s
entitlement to adjustment in price /cost or schedule; and /or
b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in
accordance with the Standards, the SHl Grants Manual and /or the terms and conditions of this Contract; and /or
c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being
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incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract
the State deems to be contrary to the pubhc interest or not in the best interest of the State, and /or
d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by
the Contractor cannot be performed, or if performed would be of no value to thc State. Denial of the amount of payment
must be reasonably related to the value of work or performance lost to the State, and /or
e. Declare all or part of the work ineligible for reimbursement; and /or
f. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law History
Colorado may following reasonable notice to the Contractor institute suit to enjoin said violation or to require the restoration
of the Property to its condition at the time of this Agreement or condition at the time of the most recent satisfactory
inspection by I- Iistory Colorado. 1-listory Colorado shall be entitled to recover all costs or expenses incurred in connection
with such a suit, including all court costs and attorney s fees.
g "1 erminate the contract for default.
18. CUMULATIVE EFFECT The above remedies are cumulative and the Statc, in its sole discretion, may exercise any or all of
them individually or simultaneously
19 TERMINATION OF CONTRACT FOR DLl AUL1 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, in addition to other remedies, thereupon have the right to terminate this Contract
for default by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, products, submittals, 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, Contractor shall not be relieved of liability to thc State for any damages sustained by the State by
virtue of any breach of thc Contract by the Contractor and the State may withhold any payments to the Contractor for the
purpose of setoff until such time as the exact amount of damages due the State trom the Contractor are determined.
20. TERMINATION BY STATE. The State may terminate this Contract at any time the State determines that the purposes of the
distribution of State monies under the Contract would no longer be served by completion of the Project. The Statc shall effect
such termination by giving written notice of termination to the Contractor and specifying the effective date thereof at luist
twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other
materials paid for with State funds shall, at the option of the State, become its property If the Contract is terminated by the
State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation
previously made. Provided, however, that if less than sixty percent (60 %) of the project covered by this Contract has been
completed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment)
for that portion of thc actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor
during the Contract period which are directly attributable to the uncompleted portion of the project covered by this Contract. If
this Contract is terminated due to the fault of the Contractor, Paragraph 19 hereof relative to termmauon shall apply
21 Ci- LANCES. This Contract is intended as the complete integration of all understandings between the parties, at this time, and no
prior or contemporaneous addition, deletion, or other amendment hereto including an increase or decrease in the amount of
monies to be paid to the Contractor, shall have any force or effect whatsoever unless embodied in a written contract
amendment incorporating such changes executed and approved pursuant to the State s Fiscal Rules. Notwithstanding this
provision, modifications to Exhibit A (Scope of Work) and /or to Exhibit C (List of Submittals) may be approved by letter of
agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of
funds payable under the contract, as set forth in Paragraph 5 or the contract period, as set forth in Paragraph 4 unless such
changes are embodied in a written contract amendment executed and approved pursuant to the State s Fiscal Rules.
22. CONFLICT OF INTEREST Contractor agrees not to engage in any conduct, activity or transaction related to this contract
which would constitute a conflict of interest under any applicable State or Federal law
23. COMPLIANCE WITH APPLICABLE LAWS. At all times during thc performance of this Contract, the Contractor shall
strictly adhere to all apphcablc Federal and Statc laws that have been or may hereafter be established.
24 SEVERABiLITY To the extent that this Contract may be executed and performance of the obligations ot 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 tor any reason, such invalidity or failure shall not affect the validity ot 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.
25. BINDING ON SUCCESSORS. Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding
upon the parties, or any subcontractors hereto and their respective successors and assigns.
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26. ASSIGNMENT No party nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties.
27 SURVIVAL OP CERTAIN CONTRACT TERMS. Notwithstanding anything herein to the contrary the parties understand
and agree that all terms and conditions of this contract and thc exhibits and attachments hereto which may require continued
performance of compliance beyond the termination date of the contract shall survive such termination date and shall be
enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its
subcontractors.
28. BOND REQUIREMENT If this contract involves the payment of more than fifty thousand dollars for the construction,
erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for
this State, the Contractor shall, before entering upon the performance of any such work included in this contract, duly execute
and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved
by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract, Such bond shall
be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition shall
provide that if thc Contractor or his subcontractors tail to duly pay for any labor materials, team hire, sustenance, provisions,
provender or other supplies used or consumed by such Contractor or his subcontractor in performance of the work contracted
to be done or fails to pay any person who supplies rental machinery tools, or equipment in the prosecution of the work the
surety will pay the same in an amount not exceeding thc sum specified in the bond, together with interest at the rate of eight per
cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the Contractor arising under such
contract shall be audited, allowed or paid. A certified or cashier s check or a bank money order payable to the 1 reasurcr of the
State of Colorado may be accepted in lieu of a bond. This provision is 10 compliance with CRS 38 -26 -106.
29 CORA DISCLOSURE. To the extent not prohibited by federal law this Contract and the performance measures and standards
under CRS §24- 103.5 -101 if any are subject to public release through the Colorado Open Records Act, CRS §24 -72 101 et seq.
30 STATEWIDE CONTRACT MANAGEMENT SYSTEM. It the maximum amount payable to Grantee under this Grant is
$100,000 or greater, either on the Effective Date or at anytime thereafter this §30 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24 -102 205 §24 -102 206 §24- 103 -601 §24- 103.5 -101
and §24- 105 -102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance
information in a statewide Contract Management System.
Grantee s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Crant,
State law including CRS §24- 103.5 -101 and State fiscal rules, policies and guidance. Evaluation and Review of Grantee s
performance shall be part of the normal Grant administration process and Grantee s performance will be systematically
recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited
to quality cost and timeliness. Collection of information relevant to thc performance of Crantee s obligations under this Grant
shall be determined by thc specific requirements of such obligations and shall include factors tailored to match the requirements
of Grantee s obligations. Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a final Evaluation, Review and rating shall be rendered within 30 days of thc end of the Grant
term. Grantee shall be notified following each performance Evaluation and Review and shall address or correct any identified
problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the
performance measures established hereunder the Executive Director of the Colorado Department of Personnel and
Administration (Executive Director), upon request by CI -IS, and showing of good cause, may debar Grantee and prohibit
Grantee from bidding on future grants. Grantee may contest the final Evaluation, Review and rating by (a) filing rebuttal
statements, which may result in either removal or correction of the evaluation (CRS §24- 105 - 102(6)) or (b) under CRS §24-
105- 102(6) exercising the debarment protest and appeal rights provided in CRS § §24 -109 -106, 107 201 or 202, which may
result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause.
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SPECIAL. PROVISIONS
(The Special Provisions apply to all contracts except where noted in italics.l
1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1).
This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY CRS 24 -30- 202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. GOVERMENTAL IMMUNITY
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, protections, or other provisions, of
the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq. or the Federal Tort Claims Act, 28 U.S.0 1346(6) and 2671 et seq. as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and
its employees and agents only if such coverage is made available by Contractor or a third party Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except
as expressly set forth herein. Contractor shall (a) provide and keep in force workers compensation and unemployment compensation insurance in the amounts required by law (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW
Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
chscnmination and unfair employment practices.
6. CHOICE OF LAW
Colorado law and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract Any provision included it
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to
negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7 BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference
shall be null and void.
8. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00.
State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropnate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST CRS 24 -18 -201 and 24 -50 -507
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract
Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor s services and
Contractor shall not employee any person having such known interests.
10. VENDOR OFFSET CRS 24 -30 -202 (1) and 24- 30- 202.4. plot to intergovernmental contracts]
Subject to CRS 24 -30 -202.4 (3.5), the State Controller may withhold payment under the State s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child
support debts or child support arrearages, (b) unpaid balances of tax, accrued interest, or other charges specified in CRS 39 -21 101 et seq. (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS 8- 17.5 -101. (Not Applicable to agreements relating to the offer, issuance, or sale ofsecunties, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services)
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the B Verify Program
or the Department program established pursuant to CRS 8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract
or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract. Contractor (a) shall not use L Verify Program or Department program procedures to undertake pre- employment screening of lob applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS 8- 17.5 - 102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency Institution of l -lgher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq. the contracting State agency
institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law (b) shall comply with the provisions of CRS 24- 76.5 -1111 et
seq. and (c) has produced one form of identification required by CRS 24- 76.5 -103 prior to the effective date of this contract.
Revised January 1, 2009
2^a Revision March 10, 2009
Page 6 of 7
CONTACT SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
CONTRACTOR. STATE OF COLORADO
(Grant Recipient) John W enlooper, GOVERNOR
City of Pueblo (Alt ,
L eg ame of ontracnng Entity
Le
Executive Director or Designee
/ Edward C. Nichols, President
Signatu e of u thonzed Officer History Colorado, th Color o Historical Society
Date: 1 !/ /2/ /(
November 28, 2011
Date Department of Higher Education
STATE HISTORICAL FUND
ell Prin ame of Authorized Officer , G. Iv LA-' b
BY �
Director Designee
`� Steve W Turner, Vice President OAI -IP & SI -IF /Deputy SI-IPO
2Siu'eni- err Mil i �i WuIis[ I t 2 -1Z - 20 l\
Print Title of Authorize Officer Date:
WAIVER CONTRACT REVIEWER
BY V
Contract fficer or Desi ee
Janette igil, State Historical Fund
Date: la- 911
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller to approve all State Contracts. This Contract is not vand until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto, the State of Colorado is not obhgated to pay
Contractor for such performances or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J McDermott, CPA
1
—
BY. - ...--
Susan S. Riehl
CHS Chief Financial Officer
Date: ia /Ay/ /
Revised, August 23, 2011
x. \Document\ 14171 723. d o c
' Approval /Contract L Includes Letter of Agreement
Page 7 of 7
City of Pueblo Exhibit A
Exterior Rehabilitation — Phase II
Project #2012 -01 -013
SCOPE OF WORK
Project Purpose. The purpose of this project is to restore the exterior masonry of Pueblo City Hall
and Memorial Hall, rehabilitate the historic windows of Memorial Hall, and provide historically
compatible exterior doors and transoms in Memorial Hall in Pueblo, Colorado.
II. Scope of Work is as follows:
A. Architectural Services
1 Conduct an assessment of the existing conditions.
2. Develop draft and final construction documents.
3. Provide construction administration services.
B Preservation, Restoration and Rehabilitation Activities (Construction)
1 City Hall and Memorial Hall exterior masonry rehabilitation
a. Replace damaged brick, stone, and terra cotta with similar units, as necessary
b. Repair salvageable masonry
c. Re -point brick, stone, and terra cotta
d. Clean masonry
2. Memorial Hall Windows and Doors
a. Rehabilitate and restore existing windows
b Replace as necessary non - historic exterior metal doors and transoms with new doors
and transoms that are compatible with historic character of building
c. Scrape, prime and pain t existing windows, exterior wood trim, and new doors and
transoms.
In accordance with Section 12 -47 1 -12 -1 C.R.S (1999) The Limited Gaming Act which authorizes the
Colorado Historical Society to administer the State Historical Fund as a statewide grants program.
H. \Contracts \2012 1201013 Exhibit A.doc
Page 1 of 1 page
City of Pueblo Exhibit B
Exterior Rehabilitation — Phase II
Project #2012 -01 -013
BUDGET
TASK AMOUNT
A. Architectural Services $41,500
B Preservation, Restoration and Rehabilitation Activities (Construction)
1 City Hall and Memorial Hall Exterior Masonry Rehabilitation $220,502
2. Memorial Hall Windows and Doors
a. Rehabilitate and restore windows $118,366
b. Replace non - historic metal doors and transoms $91,660
c. Scrape, prime and paint existing windows, exterior wood trim, $9,300
and new doors and transoms
3 Performance Bond, General Conditions, OH &P $74,772
Project Subtotal $556,100
Contingency* $43 900
PROJECT TOTAL $600,000
Grant Request (33 %) $200,000
Cash Match (67 %) $400,000
* Contingency — Must receive written approval from SHF Staff prior to use
Travel must be within SHF /State allowable rates ($.50 /mile — mileage, $100 /night — Hotel, $46 /day
— Per Diem)
Grant payments will be based off Project Subtotal amount.
1 -I: \ Contracts \2012 \1201013 Exhibit B.doc
City of Pueblo Exhibit C
Exterior Rehabilitation — Phase II
Project #2012 -01 -013
LIST OF SUBMITTALS
Project Reports
Project Reports Due Date Society Response
a. Payment Request Form (Attachment 1) N/A Advance payment of grant
Dehverables #1- 3 below must be reviewed and award $55,610
approved before Advance payment is made.
b. Progress Report # 1 February 1, 2012 Review*
c. Progress Report # 2 April 1, 2012 Review*
d. Progress Report # 3 June 1, 2012 Review*
e. 1st Interim Financial Report (Attachment 1) June 15, 2012 ** Review & Approve. 1 s'
Deliverables #4 -7 below must be reviewed and Interim payment of grant
approved before 1st Interim payment is made. award $55 610 t
f. Progress Report # 4 August 1, 2012 Review*
g Progress Report # 5 October 1, 2012 Review*
h. Progress Report # 6 December 1, 2012 Review*
1. 2 ^d Interim Financial Report (Attachment 1) January 15 2013 ** Review & Approve. 2nd
Dehverables #8 - 9 below must be reviewed and Interim payment of grant
approved before 2 Interim payment is made. award $55,610 t
j Progress Report # 7 February 1 2013 Review*
k. Progress Report # 8 April 1, 2013 Review*
1. Progress Report # 9 June 1, 2013 Review*
m. Final Financial Report (Attachment 1) June 15 2013 * ** Review & Approve.
Final Reimbursement of
grant award $18,537 t
*At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim financial report due date is a guideline. Please submit Interim financial report when majority of
advance has been expended and you are ready for the next payment.
* ** Project period ends All Dehverables due on or before this date.
tPayment may increase due to approval of contingency funds
Page 1 of 2 page
City of Pueblo Exhibit C
Exterior Rehabilitation — Phase II
Project #2012 -01 -013
PROJECT DELIVERABLES
Submit the following Project Deliverables. Deliverables #1 - 9 must be reviewed and approved by SHF
before commencement of treatments (construction)
Project Deliverables Society Response
1 Before /existing condition photos of areas affect by Scope of Work Review /Comment and or Approve
2. Historical photos / documentation of areas to be treated Review /Comment and or Approve
3 Initial Consultation with SHF Historic Preservation Specialist Review /Comment and or Approve
within 60 days of contract start date
4 Subcontract Certification — Architect Review /Comment and or Approve
5 Construction Docs /Plans and Specifications Review /Comment and or Approve
6. Materials Testing Analysis and Results Review /Comment and or Approve
7 Subcontract Certification — Contractor(s) Review /Comment and or Approve
8. Preconstruction meeting with SHF Historic Preservation Specialist Review /Comment and or Approve
9 Mock up of masonry and windows Review /Comment and or Approve
10 Interim meeting with SHF Historic Preservation Specialist Review /Comment and or Approve
11 Copies of change orders, if necessary Review /Comment and or Approve
12. After photos of areas affected by Scope of Work Review /Comment and or Approve
t I: \Contracts \2012\ 1201065 exhibit C.doc
Page 2 of 2 page