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HomeMy WebLinkAbout07012ORDINANCE NO. 7012 AN ORDINANCE APPROVING THE EL PUEBLO HISTORY MUSEUM RIGHT -OF -WAY AND SITE IMPROVEMENT AGREEMENT BETWEEN THE COLORADO HISTORICAL SOCIETY AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $268,000 THEREFORE WHEREAS, the Colorado Historical Society and the City of Pueblo, in partnership, desire to make certain right -of -way and site improvements on and surrounding the El Pueblo Site, and where each has funds available to it to construct same; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The El Pueblo Museum Right -of -way and Site Improvement Agreement between the Colorado Historical Society and the City of Pueblo, a Municipal Corporation, copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. Funds in the total amount of $268,000, payable under the agreement, are hereby budgeted and appropriated within the following Capital Project Numbers and are hereby amended to include same: CP0317 $84,000; CP0318 $149,573; EL0101 $34,427. INTRODUCED June 23, 2003 BY Al Gurule Councilperson APPROVED: President of City Council ATTEST: City rk PASSED AND APPROVED July 14 2003 Qd oiz -{-" r- I(.: ID A . .1 CD)! Background Paper for Proposed ORDINANCE AGENDA ITEM # 3G AGENDA DATE: June 23, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN, AICP TITLE AN ORDINANCE APPROVING THE EL PUEBLO HISTORY MUSEUM RIGHT -OF -WAY AND SITE IMPROVEMENT AGREEMENT BETWEEN THE COLORADO HISTORICAL SOCIETY AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $268,000 THEREFORE ISSUE Shall the City Council enter into the Agreement with the Colorado Historical Society, which will provide the funds for certain right -of -way and site improvements on, and surrounding the El Pueblo Site? RECOMMENDATION Approve the Ordinance. BACKGROUND The Development of the El Pueblo site has been a joint venture of the City of Pueblo and the Colorado Historical Society. All of the improvements to the site, including the El Pueblo History Museum, the El Pueblo Evocation, and the El Pueblo Archeology site are. complete. The only projects remaining are the Headwaters Fountain and certain right -of- way /streetscape improvements along Union Avenue and Plaza site improvements. These right -of -way and site improvements will tie together the El Pueblo site with Pueblo /Puebla Plaza and the Headwaters Plaza. The City has received two grant awards, one from the Colorado Department of Transportation Small Urban Funds and the other from the Economic Development. Administration, and has made application to the Colorado Department of Transportation Enhancement Program for funds to complete these remaining projects. Funds from the Colorado Historical Society in the amount of $268,000 will be used to provide all or a portion of the match for each of these grants. FINANCIAL IMPACT The $268,000 from the Colorado Historical Society will allow the City to complete the El Pueblo Project. El Pueblo History Museum Right -of -Way and Site Improvement Agreement between the Colorado Historical Society And the City of Pueblo This Agreement is entered into between the Colorado Historical Society and The City of Pueblo concerning the design, construction and payment of right -of -way and site improvements surrounding the new museum structure on property owned by the City of Pueblo at 301 North Union (City Block 43 Hobson Sub. and Block 58 City of Pueblo), and coyote fence, arbor construction, and metal fence in the El Pueblo Trading Post plaza. The effective date shall be the last date on which an authorized representatives of each agency signs on the signature page. Recitals 1. The Colorado Historical Society (Society) is a state institution within the Colorado Commission on Higher Education. The Society is responsible for the security, historic preservation, maintenance, construction, and real estate needs of the Colorado Historical Society's El Pueblo History Museum. 2. The Colorado Historical Society, State Historic Preservation Office (SHPO) is charged with the administration of the state register of historic properties and national register of historic places, (the "Registers ") and implementing the provisions of the Colorado Register of Historic Places Act, CRS 24 -80.1 -101, et seq. and Section 106 of the National Historic Preservation Act of 1966 (The "Acts "). This project is directly related with the El Pueblo Archaeological site (5PE303) located adjacent to the new museum structure on city block 43 Hobson Sub. 3. The Society has determined that the implementation of this project will have no adverse effect upon the property listed on the state and national registers. The Society, through its duties concerning the historic preservation needs and educational mission of the society, will oversee the project consistent with the goals of the Acts. This is achieved through the State Historic Preservation Officer. 4. The City of Pueblo will oversee the design and construction of the right -of -way improvements surrounding the new El Pueblo History Museum. The City will be contracting for construction services'through a competitive bid process. A copy of bidding information will be provided to the Society. The General Contractor selected will be contracted with the City of Pueblo to complete the defined work. The City will insure that the General Contractor has and is bonded and fully insured. 5. The Society will approve in writing all designed work for site improvements on its property prior to bidding. The Society will monitor the work performed by the general contractor and will participate in all construction meetings and the final punch -list walkthrough. All reasonable Society concerns will be addressed and resolved by the City to the extent practicable. 6. The total project cost will be Two Hundred Sixty Eight Thousand and no /100 Dollars ($268,000). The Society wishes to contribute to the improvements (on Union Avenue and) surrounding the El Pueblo History Museum. Accordingly, funds have been budgeted, appropriated and otherwise made available and a sufficient encumbered balance thereof remains available for payment in Fund Number , appropriate code Contract Encumbrance Number PO- for construction of (Union Avenue and) site improvements surrounding the new museum structure to include the coyote fence, arbors and metal fence in the total amount of $268,000 Now, therefore, in consideration of the foregoing recitals, the parties agree to cooperate in accordance with the following: I. Scope of Work The City of Pueblo agrees to provide the following services and construction (hereinafter referred to as the "Scope of Work "): A. Services • Contracted Design Services for the defined work to include engineer and landscape professional fees • Contracting and accounting of the professional services and construction • Project management B. Construction e Grand Avenue: grading /earthwork, curb, gutter, 10 foot sidewalk, street trees, tree grates, bollards, irrigation system, asphalt work, ADA curb ramps, street lighting, electrical lines. Work to be accomplished on Society's property outside the right -of -way includes concrete flat work to museum service areas and entry, landscaping, sprinkler system and metal fencing /gate around designated museum play area. s Victoria Street: grading/earthwork, curb, gutter, landscaping, asphalt, striping and irrigation system. • Union Avenue Park Area: 10 -foot sidewalk to align with the museum's entry, landscaping and irrigation system. • 1 Street: 6 -foot sidewalk, landscaping, and irrigation system. • Trading Post Plaza: coyote fence, entry arbor, plaza arbor, trees, and landscaping. C. If archeological resources are uncovered, recovery of the archeological data from the property will be accomplished according to a plan consistent with the Secretary of the Interior's Standards and Guidelines for Archeological Documentation, and take in account the Treatment of Archeological Properties. Any recovered material will be properly conserved through the Colorado Historical Society's Conservation Department. IL City of Pueblo Responsibility A. The City will provide access to the Museum Building for the Society's grand reopening, September 19, 2003. B. The City will provide copies of all contractor's bonding and insurance certificates. C. The City will provide all design and project management services necessary to complete the agreed to Scope of Work. D. The City will hold a project retainage at no less that 10% of the contracted services. The release of the final payment will occur after the Society has approved all work defined in the scope of work section. The Society will provide a written "note of acceptance" to the City. E. All work under Section 106 compliance through the SHPO is included in the Scope of Work. F. The City will insure that all work meets all ADA accessibility, code and zoning requirements. G. The City will respond to the Society's reasonable needs within seven business days to the extent practicable. H. A copy of engineering and landscape drawing will be provided to the Society. This includes the final as built set. I11. Colorado Historical Society Responsibility and Payment A. The Society acknowledges and agrees that the Division of Facilities Services shall represent the Society's interest in this project with respect to the determination of effects of proposed actions and impact on the property owned by the Society. B. The Society and Division of Facilities Services will respond to the City's reasonable needs for this project within seven working days to insure that the project maintains its schedule to the extent practicable. This will include all Section 106 compliance issues. C. The monitoring of activities carried out pursuant to this agreement by the Society's Division of Facilities Services may occur at any time. The Society's Division of Facilities will cooperate in carrying out any requested monitoring of the project and will assist the City in its project management on request. D. The first payment to the City will be $150,000 to meet the project's funding obligation for services and construction. This will occur no later than 5 days from the effective date of this Agreement. The final payment will be $118,000 and will be released 15 days after all punchlist items have been addressed and the Society accepts the work in writing. IV Dispute Resolution A. City of Pueblo and CHS, Division of Facilities Services will consult in good faith with each other to resolve any dispute. V. Amendment or Termination A. Either party to this Agreement may request that it be amended, and both parties will consult in consideration of such amendments. Any amendment to this Agreement must be in writing and signed by an authorized representative of each party. B. This Agreement will terminate at the conclusion of the project and distribution of the final payment. SPECIAL PROVISIONS: (For Use Only with Inter - Governmental Contracts) The term "Contractor when used herein shall refer to the City of Pueblo. 1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24 -30 -202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON - DISCRIMINATION. The Contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of the contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 24 -18 -201 & CRS 24 -50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: GOVERNOR (.(11.176.) a Legal Name of C ntracting Entity 4 Executive Directol • • 0000 & ' Department of I ' A Social Security Number or FEIN n I 4 1 t 4ec jL t all �' D/ lfjl. LEGAL REVIEW: Signature of Authorized Offi • ATTORNEY GENERAL By 4 Print Name:& Title of Authorized Officer CORPORATIONS. _ (A corpo`rateattestation is required.) Attest (Seal) By �„ _ e■— a k, (Corporate Secretary o t quivalent, or Town /City /County Clerk) (Place corporate seal here, if available.) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: STATE OF COLORADO ARTHUR L. BARNHART DEPARTMENT OF PERSONNEL /GSS STATE : UILDINGS i AND ri AL ESTATE P : 0 S By /. ∎ ,/ By: _ Date LA .���. / s ;err ' +� - Date: ! •�� (> 3