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HomeMy WebLinkAbout08770ORDINANCE NO. 8770 AN ORDINANCE 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, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $200,000, FOR THE PUEBLO CITY HALL INTERIOR REHABILITATION PROJECT PL1306, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID CONTRACT WHEREAS, the State of Colorado, Department of Higher Education, History Colorado, the State Historical Fund has offered funds through Agreement #2015-01-030 – Pueblo City Hall Interior Rehabilitation Project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract between the City of Pueblo, a Municipal Corporation, and the State of Colorado, for the use and benefit of the State Department of Higher Education, History Colorado, the State Historical Fund, #2015-01-030 (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. Subject to encumbrances by the Colorado Department of Higher Education, History Colorado, the State Historical Fund, funds from SHF #2015-01-030 in the amount of $200,000 are hereby budgeted and appropriated for the Pueblo City Hall Interior Renovation Project, PL1306. SECTION 3. Local match funds in the amount of $107,884 are available from the Pueblo City Hall Renovation – Final Phase Project, PL1306. 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance and Agreement to effectuate the policies and procedures described therein. SECTION 6. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: August 25, 2014 BY: Ed Brown COUNCILPERSON PASSED AND APPROVED: September 8, 2014 City Clerk’s Office Item # R-1 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 25, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT:AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO, THE DEPARTMENT OF HIGHER EDUCATION, HISTORY COLORADO, THE STATE HISTORICAL FUND, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $200,000, FOR THE PUEBLO CITY HALL INTERIOR REHABILITATION PROJECT PL1306, AND AUTHORIZING THE PRESIDENT OF CITY COUNCILTO EXECUTE SAID CONTRACT SUMMARY: The City of Pueblo was awarded a State Historical Fund grant from the State of Colorado, Department of Higher Education, History Colorado in the amount of $200,000 relating to the Pueblo City Hall Interior Rehabilitation Project. The City will provide the local match in the amount of $107,884. PREVIOUS COUNCIL ACTION: City Council has accepted a $600,000 grant from the Department of Local Affairs, a $50,000 grant from the Boetcher Foundation, a $50,000 grant from the David and Lucile Packard Foundation, and has budgeted the remaining $500,000 from the General Fund for the City Hall Project. The City has compiled total funds in the amount of $1,200,000 in Capital Project PL1306. BACKGROUND: The Department of Planning and Community Development has obtained additional funding in the amount of $200,000 from the State Historical Fund, History Colorado with the local match funded by the existing project funds of $107,844 for the completion of the rehabilitation of the first floor of City Hall. The $307,884 will be spent on the rehabilitation of the historical elements of the first floor pre-function room and the City Clerk Office. The Project construction is tentatively scheduled for November 2014 with the completion in March 2015. FINANCIAL IMPLICATIONS: The $307,844 State Historical Fund grant contract will be funded through the following sources: State Historical Fund $200,000 City Hall Renovation, PL1306 $107,844 Total $307,844 BOARD/COMMISSION RECOMMENDATION: No Board or Commission recommendation. The City Manager and City Council have been briefed on the progress of the Project. STAKEHOLDER PROCESS: City Council and City staff are the Stakeholders. ALTERNATIVES: The Project would take longer and cost more money if this grant were not accepted. RECOMMENDATION: Approve the Ordinance. Attachments: Grant Agreement � a Form (R rryl,SMISEM , :sine , History Colorado,the Colorado Historical Society GCA APPROVED WAIVER FORM#37-E/ESMT CONTRACT#2015-01-030 TUBS CONTRACT,Made this day of V1 -AS,by and between the State of Colorado for the use and benefit of the Department of Higher Education,History Colorado,the Colorado Historical Society,1200 Broadway,Denver,Colorado 80203, hereinafter referred to as the State and/or History Colorado, and the City of Pueblo, 200 South Main Street, P.O. Box 1427, Pueblo, Colorado 81003,hereinafter referred to as the"Contractor", WI-IEREAS,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 Lrelel Ic•1'2.%) in Fund Number 401,Appropriation Account 401 and Organization SI-IFG;and WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and WHEREAS, Article 12-47.1-1201 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 Historical Fund;and WHEREAS, the Contractor is eligible in accordance with law to receive a State I-Iistorical Fund preservation grant award for acquisition and development projects with cumulative grant awards of $50,000 and over;and WHEREAS, this Contract (hereinafter "Contract" or "Agreement") sets forth the Scope of Work, Budget and List of Submittals, hereinafter referred to as the"Project";and WI-IEREAS,the Contractor is a public entity and the owner in fee simple of certain real property in l'ueblo County,Colorado,which property has been listed in the National Register of Historic Places as the Pueblo City 1-lall and Memorial Auditorium located at 1 City I Tall Place, Pueblo,Colorado,hereinafter referred to as the"Property,"and which Property is more particularly described as follows: Lot 5 BIk 1 Historic Arkansas Riverwalk Project tiling NOW THEREFORE,it is hereby agreed that: 1. The Contractor shall use funds subject to this Contract in support of Project #2015-01-030 "Interior Rehabilitation" 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. APPLICABLE 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 How to Complete Colorado Cultural Resource Inventory Forms,Volumes I and II,June 1998 (Revised December 2001) for any and all survey activities and projects(copies of which arc available through I listory Colorado). 3. RIGHT OF USE: All copyrightable materials and/or submittals developed or produced under this contract arc subject to a royalty-free,nonexclusive,and irrevocable license to History 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 Historical Fund purposes. Iret -3 1 4. CONTRACT EFFECTIVE DATE:The term of this Contract shall be from ber6,2014 through October 6,2016. The performance of the work must be commenced within sixty (60) days of the Contract beginning date unless a longer period is approved in writing by the State Historical Fund 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 the project described in Exhibit A and subject to on time delivery of completion of the milestones contained in the 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). Page 1 of 8 Unless otherwise specified in Exhibit C,the State shall advance forty-percent(40%)of the total grant amount,less Easement costs if applicable,upon proper execution of this contract and upon submission of a ST-IF Payment Request,fifty-percent(50%) will be paid to the Contractor upon submission and approval of the Interim SHE Financial Report.The remaining ten-percent(10%)of the grant amount shall be paid following Contractor's submission and the State's approval of the Final SHF Financial Report and SHF Payment Request Form (Attachments 1 and 2). All payments are 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 the Scope of',Fork to be counted as part of such matching funds. 6. EASEMENT: If required, in the sole discretion of the State, the provisions in the following paragraph are hereby incorporated into this agreement: Easement Required: Yes X No • Initials/State Initials/Grantee Initials/Property Owner a. Grantee shall place or cause to be placed on the property tide a perpetual casement,which casement shall be transferred to an organization qualified to hold easements of this kind under Section 170(h)(3) of the Internal Revenue Code and Internal Revenue Service Regulations,Section 1.170A-14(c). b.The easement shall,at a minimum,prohibit any alteration of die premises,which would affect the exterior appearance of the property unless first authorized by the easement holding organization with appropriate exceptions to permit routine maintenance. Other necessary language shall protect the interests of the easement holding organization in the event of damage to the property,and shall further require that the easement be transferred to a similar organization in the event that the selected organization becomes unable for any reason to perform its obligations pursuant to the easement agreement. c. Grantee agrees that the easement form and any associated costs shall be subject to the approval of the State. d. Subsequent to its transfer,this easement shall remain in place in accordance with the terms of the casement agreement,and no action taken by the State to recapture all or any portion of the grant award pursuant to paragraph 19 shall affect the status of the casement. 7. ACCOUNTING: At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds,matching funds,and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner,and shall accord with the Budget set forth in Exhibit B. Contractor may adjust budgeted expenditure amounts up to ten percent (100/0) 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. 8. 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. 9. PARTIES RELATIONSHIP:CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF THE STATE. CONTRACTOR SHALL [[AVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS OR UNDERS'T'ANDINGS WITHOUT THE EXPRESS WRTITEN CONSENT OF THE STATE. THE CONTRACTOR REPRESEN'T'S 'I'I-IAT IT HAS OR SI-TALL SECURE AT ITS OWN EXPENSE ALL PERSONNEL BY THE CONTRACTOR UNDER TI-IIS CONTRACT'. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT COMPENSATION COVERAGE FOR ALL OF TTS EMPLOYEES'TO'1'I1E EXTENT REQUIRED BY I,AW, AND FOR ENSURING TI-IsV"C rAL1,SUBCON"TRACTORS MAINTAIN SUCH INSURANCE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME"I'AX WITHHOLDING.M,1 OF"1'1IE SERVICES REQUIRED D UI RI UNDC•.R SI Ir\LI,BI2 PERFORMED BY THE CONTRACTOR OR UNDER IT'S SUPERVISION. 10. REPRESENTATIVES AND NOTICES: All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below,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. Page 2 of 8 To the State: Steve W.Turner Vice President OAHP and SHF/Deputy SI-IPO History Colorado 1200 Broadway Denver,Colorado 80203 To the Contractor: Mr.William Zwick Landscape Architect City of Pueblo-Department of Community Development 200 South Main Street Pueblo,Colorado 81003 11. 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 the Contractor upon which assurance the State relies. Further,all real property improvements shall conform to applicable ADA requirements. 12. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide FIistory 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- 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. 13. 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). 14, MATCHING 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. 15. CONSULTANTS/SPl'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 the State before,during and/or at the conclusion of the Project to provide on-site technical advice and to monitor progress. Any exercise of the State's rights under this Paragraph 15 shall not relieve the Contractor of any of its Contract obligations. 16. 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 History Colorado - State Historical Fund grant." 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". 17. PRESERVATION OF PROPERTY:The Contractor hereby agrees to the following for a period of twenty(20)years 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 the 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 1-listory Colorado, provided that such reconstruction, repair,or restoration is performed according to the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating,Restoring,and Reconstructing I-Tistoric 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,riot 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 of History Colorado, shall be permitted to inspect the Property at all Page 3 of 8 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. e. 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 fees 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. f.The provisions of this Paragraph'17 will cease to be effective upon the conveyance of an approved easement if such is required pursuant to Paragraph 6 above. 18. 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 perform the 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 the 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 SIIF 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 incompetent, careless, insubordinate, unsuitable, or other-wise unacceptable, or whose continued employment on the contract the State deems to be contrary to the public 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 the 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 History Colorado. History 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.Terminate the contract for default. 19. CUMULATIVE EFFECT:The above remedies are cumulative and the State,in its sole discretion,may exercise any or all of them individually or simultaneously. 20. TERMINATION OF CONTRACT FOR DEFAULT: 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 the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor are determined. 21. TERMINATION BY SPATE:The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project.The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof,at least twenty (20)days before the effective date of such termination. In that event,all finished or unfinished documents and other materials paid for with State funds shall,at the option of the State,become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract,less.payments of compensation previously made. Provided, however, that if less than sixty percent (60%) of the project covered by this Contract has been completed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which arc 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 20 hereof relative to termination shall apply. - Page 4 of 8 22. CHANGES:This Contract is intended as the complete integration of all understandings between the parties,at this time,and no prior or contemporaneous addition, deletion, or other amendment hereto, including an increase or decrease in the amount of monies to be paid to the Contractor,shall have any force or effect whatsoever,unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision, modifications to Exhibit A (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. 23. CONFLICT OF INT'ERESl': 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. 24. COMPLIANCE WITH APPLICABLE].AWS: 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. 25. 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. 26. 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. 27. 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. 28. SURVIVAL OF CER'T'AIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance of compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. 29. 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 the Contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provender or other supplies used or consumed by such Contractor 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 the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the Contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the'Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. 30. 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. 31. STATEWIDE CONTRACT MANAGEMENT SYSTEM: If the maximum amount payable to Grantee under this Grant is $100,000 or greater,either on the Effective Date or at anytime thereafter,this§31 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 Grant,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 the performance of Grantee's obligations under this Grant shall be determined by the 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 the 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. Page 5 of 8 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-1S,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. Page 6 of 8 "re`=k�z•. �a �'s. '"s }fd� � sF i}s.."��' ryfV-.„T.'�x C;i* rk a sx&':�, .uY:i,,xe.E ",•.u.e.a vim;, .z'i:"p rx+ _s k-Is' A + d s „Al �, 3 a ! k'z x n ms's [i 4 tn4"d r• fs. - >n a e aK-[ 5 +k «a .3 a r y t xky � _ w'a y .i0, 4 k �w�� �s ,I ASPaECI PIZOVI'SI rNS PARM rO ntk feWhAA ir+�r`,4n,t....s 8.. ';��"Sa,���"�!��.. �`a.�«'mx,.�r��{�i���t 2�j.£�r� ika�',� } ^�a�i� "�vr, "�..,.f� ...�� �£ lir .:mak �� 3ex y}: � Jz.�„ �"�'��z#���s�_e_.• r ie.. of[_...,. 3Y^� �� €..._.a: n„� k�.....x�4..Y#r s+ .., ,.... ,e�.. ,-e^'E..� + kWtg (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 24-111-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.1146(b)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 cif 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 discrimination 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 or 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 udder 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 appropriate 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.]Not Applicable to intergovernmental contracts] Subject to CRS 24-30-2(12.4(1.5),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 39-21-1111,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 of securities,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 U-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 •uc v ; .1 • • • c I 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 U-Verify Program or Department program procedures to undertake pre-employment screening of job 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 8-17.5-1112(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 Higher 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 8-17.5-1111 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 24-76.5-1113 prior to the effective date of this contract. Revised January 1,2009 2^a Revision March 10,2009 Page 7 of 8 ��r ,.t'���t� ��t `fix ,�`-� r�k &*,'�,a"�'.�"�dr�Fyt , .� �,`�� ,�,. ;� �,��'` eTR"'>� •" �r� a . `�r^*y � `�a S �� �� F 33 s ■/j'`� a T � �xa E rs � . � � x� x, ., x 1 "�,., &� �k,1,s ' 'R Sr`, ;v �" 4rx"`m ?row"§ O rtw a1 SIM ?9 AT k� I'AG=E 3 � if'; x, •4"'g� _l i,.lr?;a`1 ,:.�.,.i..rE,f,r, '_'`A' :sa.:` rr:vY t'`x,.,.,: .,1 ,'a�„ rz .. 'k '� 'tt 't si 3 .r V `s�. c 4 �; '5� r ia,r u MAP. ' '� �.."„ .�'zs.�€+rm�v,�'h��.} ,a ��s,e.�a,t b r,�,L_� a„: ..+. ..,,.s,*ti. .,.w�..sa,s.�,r.„.,�, 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. Hickenlooper,GOVERNOR City of Pueblo y /,//` Legal Name of Contacting Entity BY: &a4-.1e C %z/ KIiWL(-� / Executive Director or Designee c/fandat q Edward C.Nichols,President *Signature of Authorized( er History Colorado Date: WZ-21/)1- 5 .12.-r, Date Department of I-Iigher Education S v-n o. DQcc STATE HISTORICAL FUND � Print Name of Authorized OfficerLt? BY: C G Director r De .gnee PrSteve W/Turn•.,Vice President Or\I-IP&SI-IF/Deputy SI-IPO e S i ei fitr. C.; hi caLun ,i (� Print Title of Authorized Officer Date: t C)1 WAIVER CONTRACT REVIEWER ATTESTED BY: • ty Clerk, Gina Dutcher . ,�- rt.-AV-Ley BY: � ti J Contracts Officer or Designee Susan Frawley,State Historical Fund Date: 'l('/ 7t 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 valid 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 obligated to pay Contractor for such performances or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros CP• ,ko ;A, BY: ✓.�• .►. A Joseph Bell CHS,Vice President F e, Facilities&Regional Museums Date: Revised September 26,2013 \\chs-db\gifts\Document\15121057.doc Approval/Basement:Contract G Page 8 of 8 City of Pueblo Exhibit A Interior Rehabilitation Project#2015-01-030 SCOPE OF WORK I. Project Purpose:The purpose of this grant is the interior rehabilitation of the Pueblo City Hall significant primary spaces on the first floor located in Pueblo, Colorado. II. Scope of Work: The scope of work is as follows: A. Architectural Services and Engineering Services 1. Provide assistance with bidding and negotiation 2. Observe the progress of construction 3. Provide Construction Administration B. Terrazzo Flooring 1. Fill cracks, clean, polish and finish with a sealer C. Hardwood Flooring 1. Wood Flooring a. Replace floor boards that are cracked or missing wood with in-kind materials b. Sand and finish to match original finish 2. Toilet Rooms and Closets in Workroom a. Remove existing flooring and provide new quarter-sawn oak flooring D. Marble Finishes 1. Border a. Clean and fine sand polish 2. Column Enclosures a. Remove stains b. Fill narrow"cracks,holes and gouges c. Re-grout deteriorated joints d. Polish to match original finish 3. Column Enclosures at Former Countertops a. Fill openings with in-kind marble leaving the outline of the former counters visible E. Plaster 1. Patch openings in walls and ceilings with in-kind material to match texture, finish and contours of original plaster 2. Paint Plaster ceilings and walls including crown moulding F. Screen Walls 1. Two Original Screen Walls a. Replace broken and missing glass with glass similar to the original b. Preserve existing woodwork by filling and staining existing cracks and holes c. Finish to match original finish 2. New Screen Wall a. Construct wall which is compatible in scale, design and materials of the historic screen walls but does not match them 3. Miscellaneous Wood Trim a. Replace missing wood trim in-kind and preserve existing trim City of Pueblo Exhibit A Interior Rehabilitation Project#2015-01-030 G. Vaults (3) 1. Reconstruct missing stair at Vault 2 (SW vault) 2. Preserve steel stairs and landings by painting them 3. Preserve vault doors (5 total) a. Clean interior sides b. Paint Exterior sides in an original color determined through paint analysis H. Door Opening and Door into Pre-Function/Community Room 1. Provide new door opening into masonry wall 2. Construct new stile and rail door of similar size and matching wood species with a large glass lite located above a flat recessed panel with no perimeter moulding I. Carpet in Pre-Function/Community and City Clerk's Records Room 1. Level concrete floor at former toilet room and closet in record room 2. Select carpet compatible with the historic character of the interior spaces J. Subway Tile Preservation and moulding 1. Replace missing tiles with in-kind tiles 2. Clean and regrout joints of existing tiles I L\Contracts\2015\1501030 Kxhibit A.docx • City of Pueblo Exhibit B Interior Rehabilitation Project#2015-01-030 PROJECT BUDGET TASK AMOUNT A. Architectural Services and Engineering Services $8,350 B. Terrazzo Flooring $9,895 C. Hardwood Flooring $19,006 D. Marble Finishes $27,895 E. Plaster $94,380 F. Screen Walls $27,460 G. Vaults $3,600 H. Door Opening and Door into Pre-Function/Community Room $8,565 I. Carpet in Pre-Function/Community and City Clerk's Records Rooms $10,455 J. Subway Tile and Molding $975 Subtotal 8210,581 K. Grant Administration $8,089 L. General Conditions and Overhead and Profit $58,879 Project Subtotal** $277,549 Contingency*** $30,335 PROJECT TOTAL $307,884 Grant Request (64.96%) $200,000 Cash Match (35.04%) $107,884 * Grant Administration cannot exceed 15%of Project Subtotal amount ** Grant payments will be based off Project Subtotal amount. Total payments will be Grant Award percentage of Project Subtotal up to a maximum of the Grant Award Amount. *** Contingency-Must receive written approval from SHF Staff prior to use Travel must be within SHF/State allowable rates ($.50/mile—mileage,$100/night—Hotel,$46/day—Per Diem) I{:A Contracts\2015\1501030 Exhibit B.docx City of Pueblo Exhibit C Interior Rehabilitation Project#2015-01-030 LIST OF SUBMITTALS Project Reports Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). N/A Advance payment of grant Deliverables #1 - 4 below must be reviewed and award$54,088. approved before Advance payment is made. b. Progress Report# 1 January 1,2015 Review* c. Progress Report# 2 April 1,2015 Review* d. 1,'Interim Financial Report(Attachment 1). April 15,2015 ** Review&Approve. Deliverables #5—7 below must be reviewed and 1st Interim payment of approved before 1st Interim payment is made. grant award$54,088. t e. Progress Report# 3 July 1,2015 Review* 1. Progress Report# 4 October 1, 2015 Review* g. 2nd Interim Financial Report(Attachment 1). October 15,2015 ** Review&Approve. Deliverables # 8— 16 below must be reviewed and 2nd Interim payment of approved before 2nd Interim payment is made. grant award$54,088. -1- h. h. Progress Report# 5 January 1,2016 Review* i. Progress Report# 6 April 1, 2016 Review* j. Progress Report# 7 July 1, 2016 Review* k. Final Financial Report(Attachment 1) July 15,2016 *** Review&Approve. Final payment of grant award$18,030. 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 40%or more of advance has been expended and you are ready for the next payment. ***Final Payment is a reimbursement ONLY after all contractors have been paid. Project period ends on October 6.2016.All deliverables due on or before this date. tPayment may increase due to approval of contingency funds Page 1 of 2 City of Pueblo Exhibit C Interior Rehabilitation Project#2015-01-030 PROJECT DELIVERABLES Submit the following Project Deliverables. Deliverables # 1 - 16 are due prior to the commencement of treatments (construction): Project Deliverables Society Response 1. Initial Consultation with SHF Historic Preservation Specialist Review/Comment and or Approve within 45 days of contract start date 2. Before/Existing condition photos of areas affected by the Scope of Work Review/Comment and or Approve 3. Subcontract Certification—Architect Review/Comment and or Approve 4. Subcontract Certification- Engineer 5. Construction documents/plans and specifications Review/Comment and or Approve 6. Subcontract Certification—Contractor(s) Review/Comment and or Approve 7. Mock-up of terrazzo floor repair Review/Comment and or Approve 8. Sample of golden-veined marble in-kind replacement Review/Comment and or Approve 9. Sample of quarter-sawn oak replacement flooring Review/Comment and or Approve 10. Drawings/photographs of proposed areas for hardwood replacement Review/Comment and or Approve 11. Mock-up of plaster finishes, both flat and ornamental Review/Comment and or Approve 12. Paint analysis of the vaults Review/Comment and or Approve 13. Carpet sample/specifications Review/Comment and or Approve 14. Paint sample for the ceiling,walls,and crown moulding Review/Comment and or Approve 15. Sample of proposed Subway Tile for replacement Review/Comment and or Approve 16. Preconstruction meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 17. Interim Meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 18. Punch List Meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 19. After photos of all areas affected by Scope of Work Review/Comment and or Approve 20. End of Project Report Review/Comment and or Approve l-L\Contracts\2014\1401043 ExhibitC.docx Page 2 of 2