HomeMy WebLinkAbout08779ORDINANCE NO. 8779
AN ORDINANCE ESTABLISHING CAPITAL PROJECT
NUMBER PL1405, BUDGETING AND APPROPRIATING
FUNDS IN THE AMOUNT OF $42,662 RELATING TO THE
GOODNIGHT BARN STABILIZATION PROJECT,
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 have offered funds through Contract 2015-
M1-013; and
WHEREAS, the Pueblo County Historical Society has donated $7,000 towards
the cash match amount;
WHEREAS, the Historic Pueblo, Inc. has donated $2,000 towards the cash
match amount; 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 Department of Higher Education, History
Colorado, the Colorado Historical Society, 2015-M1-013 (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.
Subject to encumbrances by the Colorado Department of Higher Education,
History Colorado, the State Historical Fund, funds from SHF #2015-M1-013 in the
amount of $33,662 are hereby budgeted and appropriated for the Goodnight Barn
Stabilization Project, PL1405.
SECTION 3.
Matching funds donated by the Pueblo County Historical Society in the amount of
$7,000 have been accepted and are hereby budgeted and appropriated for the
Goodnight Barn Stabilization Project, PL1405.
SECTION 4.
Matching funds donated by the Historic Pueblo, Inc. in the amount of $2,000
have been accepted and are hereby budgeted and appropriated for the Goodnight Barn
Stabilization Project, PL1405.
SECTION 5.
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 6.
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 7.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: September 22, 2014
BY: Ed Brown
COUNCILPERSON
PASSED AND APPROVED: October 14, 2014
City Clerk’s Office Item # R-3
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 22, 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 ESTABLISHING CAPITAL PROJECT NUMBER
PL1405, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT
OF $42,662 RELATING TO THE GOODNIGHT BARN STABILIZATION
PROJECT, 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
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 $33,662.
The City will provide the local match donated from the Pueblo Historical Society and
Historic Pueblo, Inc. in the amount of $9,000.
PREVIOUS COUNCIL ACTION:
The Pueblo City Council has accepted a grant from History Colorado, Colorado
Historical Society for a Historic Structural Assessment of the Goodnight Barn. The
study found the need for immediate stabilization of the structure.
BACKGROUND:
The Department of Planning and Community Development has obtained funding in the
amount of $33,662 from the State Historical Fund, History Colorado. The State has
included the costs of an update of the Conservation Easement in the amount of $1,900
administered by the Pueblo County Historical Society. The local match is funded by
donations from the Pueblo County Historical Society and Historic Pueblo, Inc. in the
amount of $9,000. Plans for the stabilization will begin immediately and construction is
anticipated to start in the Spring of 2015.
FINANCIAL IMPLICATIONS:
The $42,662 State Historical Fund grant contract will be funded through the following
sources:
State Historical Fund $33,662
Pueblo County Historical Society $ 7,000
Historic Pueblo, Inc. $ 2,000
Total $42,662
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:
The Goodnight Barn Stakeholders committee has been formed to include interested
organizations in the community.
ALTERNATIVES:
The historic Goodnight Barn structure is at risk of collapsing if not stabilized.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Grant Agreement
Form (R 5/98)
Department r>r Agency Name-
History Colorado,the Colorado Historical Society
Department or Agency Number
CCA
Routing Number
APPROVED WAIVER FORM#37-E/ESMT
CONTRACT#2015-M1-013
M
THIS CONTRACT,Made this aC day of OC415;21,V ,14014 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",
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
P 1t1lltl1S OCC l424i in Fund Number 401,Appropriation Account 401 and Organization SI FG;and
\Vl-IER]h\S,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and
WII REAS, 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 Historical Fund preservation grant award for acquisition and
development projects with cumulative grant awards of S50,000 and over;and
WI IE:RP.AS, 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,the Contractor is a 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 Goodnight Barn located at 5475 West State I lighway 96,Pueblo,Colorado,
hereinafter referred to as the"Property,"and which Property is more particularly described as follows:
Parcel B Subdivision Exemption NO 2003-006 Formerly#15-050-18-001
N()W"1'I-I1?REFC)RCt,it is hereby agreed that?
I. The Contractor shall use funds subject to this Contract in support of Project#2015-M1-013 "Stabilization" in accordance with
the Scope of IFok attached hereto as Exhibit A, including all applicable plans and specifications developed prior to or during the
contract period,which are 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 Il,June 1998 (Revised December 2001) for any and all
survey activities and projects(copies of which are available through History Colorado).
3. RIGI-FI' 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 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.
4. CONTRACT EFFECTIVE DATE:The term of this Contract shall he from Octohc ,2014 through October 15,2016.
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 mast 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 thirty-three thousand six hundred sixty-two dollars($33,662.00).
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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 SHF Payment Request,fifty-percent(50%)will be
paid to the Contractor upon submission and approval of the Interim SI-IF Financial Repay.The remaining ten-percent(10%) of the
grant amount shall be paid following Contractor's submission and the State's approval of the Final SI-IF 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 arc hereby incorporated
into this agreement:
Easement Required: C`X Yes No
�I It'rials/State
/S1
te Initials/Grantee
401 nitials /Property Owner
a. Grantee shall place or cause to be placed on the property title a perpetual easement,which easement 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 the 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 easement 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
easement.
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 (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.
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 SEATE..
CONTRACTOR SHALL IIAVE. NO ;AUTHORITY, EXPRESS OR IMPLIED, TO BIND THE 51'AIL TO ,ANY
AGRI IZMI N'I'S OR UNDERSTANDINGS Win IOU I T1-1E: EXPRESS WRITTEN CONSENT OF 'THE TATE
CONTRACTOR REPRESENTS THAT IT HAS OR SIIALL SECURE AT ITS OWN EXPENSE \1.L PERSONNEL B1'
THE CONTRACTOR UNDER THIS C:ONTRACI'. 1'HF CONTRACTOR SIIULL BE RESPONSIBLE FOR PROVIDING
WORKMEIN'S COMPENSATION COVERAGE:AND UNEMPLOYMENT COMPENSATION COVERAGE FOR \l_,1.OF
ITS EMPLOYEES 10 TI-IE EXTENT REQUIRED BY LAW, AND FOR ENSURING THAT MI,I, SUB(ONI'R:ACTORS
\IAINIAIN SUCH INSURANCE. CONTRACTOR SI I AI,I PAY WHEN DUE ALL REQUIRED EMPLOY\IiN'1'TAXES
:AND INCOME TAY WI!111IOLDING. A1.]_,OF TFIE1 SERVICES REQUIRED HEREUNDER SFIALL,BE P1RFORMI1)
BYTHE CONTRACTOR OR UNDER ITS SUPERVISION.
I0. 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 representative; for the project. Any
party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent.
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To the State: Steve W."Turner
Vice President OAI-IP and SHE/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 tunes 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 ARCFIAEOLOGICAL,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, u 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 Repots(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. CONSULTAN'T'S/SITE 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. PRESERV:A"TION 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 History 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 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 tare,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
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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 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 SI-I1'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 otherwise 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
c. 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 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 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 Stare 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 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 20 hereof relative to termination shall apply.
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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 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.
24. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract,the Contractor shall strictly
adhere to all applicable Federal and State laws that have been or may hereafter be established.
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 arc 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 CE'RT'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 budding,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
S100,000 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.
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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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SPE IAL P1�®VISI NS z
The i.I Pr. i i. a I c 'I '. t t -x .t wh re n.te. in i all .
I. 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 24-10-1111 et seq.,or the Federal'Iota Claims Act,28 U.S.C. 1346(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 Ire 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 nor pay for sir 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 Stare,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,roles,and regulations in effect or hereafter established,including,without limitation,laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW.
Coln radu law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and enforcement of this contract Any provision included in
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 uthennise.
:Any provision rendered null and void by the operation of this provision shall trot 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 nor 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 sir 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(Sr 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 Applicable to intergovernmental contracts]
Subjccr to CARS 24-3u-2112.4(15),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 he paid to the Unemployment Compensation Fund;and(c)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.plot Applicable to agreements relating to the offer,issuance,or sale olsecurities,investment advisory
services or fund management services,sponsored projects,intergovernmental agreements,or information technology serices or products and services]
Contractor certifies,warrants, and agrees that it does not knowingly etnplov or contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who arc newly hired For employment in the United States to perform work under this contract, through participation in the 1I-Verify Program
or the I1epartmenr program established pursuant to CRS 8-17.5-1112(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 air illegal alien to perkshnn work
under this contract. Contractor(a)shall not use E.-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 illegtl 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 CitS 8-17.5-1112(5),by the Colorado
Department of labor and Iitnpinyment. If Contractor participates in the Department program,Contractor shall deliver to the contracting State agency, Institution of 14ighter
I_•:ducatinn 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 wan any requirement of this provision or CRS 8-175-1(11 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 24-76.5-101 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^•t Revision March 10,2009
Page 7 of 8
CON C'I' SIGMA ' RESP °GE
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
Ce of Pueblo
BY: d
Legal Name of Contracting Entity
Executive Director or Designee
C(217� L 1. Edward C. Nichols,President
'�I
"Signature of Authorized • C" History Colorado
Date: /O /)-04
/0 -//- /41/
Date Department of Higher Education
STATE HISTORICAL FUND
Sandra k. ba-CC
Print Name of Authorized Officer
BY:
Director ee
Steve W Turner, Tice President OAI-TP&SI-TF/Deputy SI-IPO
Pre s de-44 Cou.ne i
Print Title of Authorized Officer Date: U.9/ �"" —
WAIVER CONTRACT REV EWER
A 4t-sCstlAld► Ct �� �r_Q
Z BY: �`' � '�' if
Contracts Officer or Designee
Susan Frawley,State Historical Fund
Date: /0/Z—`17-11
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 jor services provided hereunder.
STATE CONTROLLE•
Robert Ja os,C,'
BY:
Joseph Bell
CHS,Vice President e,Facilities&Regional
Museums pJ,
Date: 6b 'f V (L
Revised September 26,2013
\\chs-db\gifts\t)ocurncnt\25143634 doc
approval/I_,ascmrnr Contract 1.
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City of Pueblo Exhibit A
Stabilization
Project#2015-M1-013
SCOPE OF WORK
I. Project Purpose: The purpose of this project is to stabilize the Goodnight Barn in Pueblo, Colorado.
II. Scope of Work is as follows:
A. Engineering Services
1. Provide drawings for structural stabilization
2. Provide construction observation
B. Preservation Construction Activities
1. Brace west wall of the barn
2. Install wood blocking at the second level floor joists
3. Install tie rods connecting the east and west wall plates
FL\Contracts\2015\15 vI1013 Exhibit A.docx
Page 1 of 1
•
City of Pueblo Exhibit B
Stabilization
Project# 2015-M1-013
PROJECT BUDGET
TASK AMOUNT
A. Engineering Services $ 3,500
B. Preservation Construction Activities $35,350
Project Subtotal** $38,850
Gontindency t S 3,500
Project Total $42,350
Grant Award (75%) $31,762
Cash Match (25%). $10,588
Easement Update Feet $1,900
Grant Award Total with Easement Fees $33,662
Grant payments will be based off Project Subtotal amount. Total payments will be Grant Award percentage
of Project Subtotal up to a maximum of the Grant Award Amount.
t Contingency- Must receive written approval from SHF Staff prior to use
Travel must be within SHF/State allowable rates ($.50/mile—mileage, $100/night—Hotel, $46/day—Per Diem)
t Easement Fees—This item may not be used on other tasks and may not exceed budgeted amount
1-L\Contracts\2015\15iN[1 113 I1 x1iibit B.docx
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City of Pueblo Exhibit C
Stabilization
Project# 2015-M1-013
LIST OF SUBMITTALS
Project Reports
Project Reports Due Date Society Response
a. Advance Payment Request Form (Attachment 1). N/A Advance payment of grant
Deliverables #1 - 5 below must be reviewed and award$11,655.
approved before Advance payment is made.
b. Progress Report# 1 December 1, 2014 Review*
c. Progress Report# 2 February 1, 2015 Review*
d. Progress Report# 3 April 1, 2015 Review*
c. Progress Report# 4 June 1, 2015 Review*
f. Progress Report# 5 August 1, 2015 Review*
g. Interim Financial Report (Attachment 1). September 15, 2015 ** Review& Approve. 1"
Deliverables # 6—9 below must be reviewed and Interum payment of grant
approved before 1"Interim payment is made. award$14,569. $
h. Progress Report# 6 October 1, 2015 Review* •
i. Progress Report# 7 December 1, 2015 Review*
j. Progress Report# 8 February 1, 2016 Review*
k. Progress Report#9 April 1,2016 Review*
I. Progress Report#10 June 1,2016 Review*
m. Progress Report#11 August 1, 2016 Review*
n. Payment Request Form and Easement Fee Invoice. September 15, 2016 Review&Approve.
Deliverable #14 must be reviewed and approved Easement Payment of
before Easement payment is made. $1,900. t
o. Final Financial Report (Attachment 1) September 15, 2016 *** Review&Approve.
Final Reimbursement of
grant award $2,913. 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 the Interim payment request form when at least
40% of the Advance payment has been expended and you are ready for the next payment.
***Final Payment is a reimbursement ONLY after all contractors have been paid.
$Payment may increase due to approval of contingency funds.
fi Easement Fees—This item may not be used on other tasks and may not exceed budgeted amount.
Project period ends October 15, 2016. All Deliverables are due on or before this date.
Page 1 of 2
City of Pueblo Exhibit C
Stabilization
Project#2015-M1-013
PROJECT DELIVERABLES
Submit the following Project Deliverables in sequence. Deliverables # 1 - 9 due prior to commencement of
treatments (construction):
Project Deliverables Society Response
1. Consultant Resume: Engineer Review/Comment and or Approve
2. Subcontract Certification: Engineer Review/Comment and or Approve
3. Historical Photos/Documentation of Areas to be Treated Review/Comment and or Approve
4. Before/Existing Conditions Photos of All Areas Affected by
Scope of Work Review/Comment and or Approve
5. Initial Consultation with SHF Historic Preservation Specialist Review/Comment and or Approve
6. Easement Action Form Review/Comment and or Approve
7. Construction Documents/Plans and Specifications Review/Comment and or Approve
S. Subcontract Certification: Contractor Review/Comment and or Approve
9. Preconstruction Meeting with SIIF historic Preservation Specialist Review/Comment and or Approve
10. Copies of Change Orders, if necessary Review/Comment and or Approve
11. Interim Meeting with SHF Historic Preservation Specialist, if needed Review/Comment and or Approve
12. After Photos of All Areas Affected by Scope of Work Review/Comment and or Approve
13. End of Project Report Review/Comment and or Approve
14. Complete Certified Copy of Recorded Easement Update Review/Comment and or Approve
I-[:AC ntracts\2015\15N11113Exhibit Ldoc
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