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HomeMy WebLinkAbout07116ORDINANCE NO. 7116 AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $200,000 FOR PROJECT PI-0403, AUTHORIZING THE TRANSFER OF THE CITY'S REQUIRED MATCH OF $100,000 FROM THE CONSERVATION TRUST FUNDS (CTF), APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY RELATING TO PUEBLO MOUNTAIN PARK PRESERVATION / RESTORATION- PHASE III OF III PROJECT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, it is a goal of the Pueblo Mountain Park Preservation and Restoration Master Plan to begin and complete preservation and restoration efforts within the Pueblo Mountain Park; and WHEREAS, the City of Pueblo has received a grant from the Colorado Historical Society to fund the Pueblo Mountain Park Preservation /Restoration - Phase III of III project, subject to the execution of a Contract; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The grant Contract and Attachments between the City of Pueblo, a municipal corporation and the State of Colorado for the use and benefit of the Department of Higher Education, Colorado Historical Society, relating to the Pueblo Mountain Park Preservation /Restoration - Phase III of III project (Colorado Historical Society Project #98 -P1 -002), copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said Contract, in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $200,000 are hereby budgeted and appropriated for Capital Project No. PL 0403. The amount of $100,000 is hereby authorized to be transferred from the Conservation Trust Fund for the City's required match. INTRODUCED February 23, 2004 BY Michael Occhiato /� , Councilperson APPROVED: Y' -1�+d PRESI ENT OF CITY COUNCIL ATTESTED BY: t, ` CITY CLERK PASSED AND APPROVED March 22. 2004 1WK%k)ZE ROL IP Background Paper for Proposed ORDINANCE AGENDA ITEM # M5 35- DATE: February 23, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE AN ORDINANCE BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $200,000 FOR PROJECT PI-0403, AUTHORIZING THE TRANSFER OF THE CITY'S REQUIRED MATCH OF $100,000 FROM THE CONSERVATION TRUST FUNDS (CTF), APPROVING A GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY RELATING TO PUEBLO MOUNTAIN PARK PRESERVATION / RESTORATION- PHASE III OF III PROJECT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME Should the City Council budget and appropriate $200,000 in capital project number PLO403 and providing the match of $100,000 from the Conservation Trust Fund, and approve the contract between the City of Pueblo and the Colorado Historical Society for the Pueblo Mountain Park Preservation/ Restoration - Phase III of III project, and authorize the President of City Council to execute the contract? RECOMMENDATION Approve the Ordinance. BACKGROUND The City will be committing to complete a third phase of renovation improvements to the historic Pueblo Mountain Park as outlined in the Pueblo Mountain Park Preservation and Restoration Master Plan The City received a three -years / three phase grant in the amount of $300,000 from the Colorado Historical Society for the restoration and rehabilitation of several structures in the Pueblo Mountain Park. The City's match requirement for the grant is $300,000. The first phase of construction was completed in FY 1999 and consisted of restoration improvements to the Horseshoe Lodge and Pavilion. The second phase of the project included additional restoration improvements to the Horseshoe Lodge and Pavilion; rebuilt the nearby amphitheater; and restored the fire tower structure. Phase II work will be completed this spring. This project, the third and final phase of this grant, includes renovation work to the lower pump house structure; the reservoir buildings; two picnic shelters; and the baseball field area. The purpose of the project is to prevent future structural deterioration, to stabilize the buildings, bring the buildings up to code, and provide year round access. Also, the City will be required to maintain the property and protect the historic significance of the project areas for a period of twenty (20) years. The estimated budget for Phase III is $200,000, which includes the following funding sources: $100,000 Colorado Historical Society $100.000 City of Pueblo $200,000 TOTAL COST FINANCIAL IMPACT The City of Pueblo will receive 40% of the $100,000 grant award at the beginning of the project, another 50% mid -way through the project, and the final 10% upon completion of the project. The project will be budgeted and appropriated in Capital Project No. PI-0403. The City's $100,000 cash match will come from the Conservation Trust Fund. Form (R 5/98) CONTRACT THIS CONTRACT, Made this �� day of by and between the State of Colorado for the use and benefit of the Department of Higher Education, Colorado Histo rcal Society, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as the State and/or the Society, and the City of Pueblo, 1 City Hall Place, Pueblo, Colorado 81003, hereinafter referred to as the "Contractor ", WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficie uncommitted balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number 6W (2- in Fund Number 401, Appropriation Account 401 and Organization SHFG; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and 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 Historical 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 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 both the National Register of Historic Places and the State Register of Historic Properties as the Pueblo Mountain Park located at 9167 Pueblo Mountain Park Road, Beulah, CO 81023, hereinafter referred to as the "Property," and which Property is more particularly described as follows: SE 1/4, NW 1/4 of section 16, T23 south, R 68 West of the 6th Principal Meridian. (The legal description for the entire Park is North . 1/2 of SW 1/4, north 1/2 of SE 1/4, and SW 1/2 of SE 1/4 of section 16, T23 south, R68 west of the 6th Principal Meridian.) NOW THEREFORE, it is hereby agreed that: I. The Contractor shall use funds subject to this Contract in support of Project # 98 -P1 -002 "Site Rehabilitation and Restoration Phase III of III" in accordance with the Scope of Rork 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 Colorado Cultural Resource Survey Manual, Volumes I and II, June 1998 for any and all survey activities and projects (copies of which are available through the Society). 3. RIGHT 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 the Society 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 Society and/or State Historical Fund purposes. April 4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from h 15, 2004 through December 31, 2005. The performance of the work must be commenced within sixty (60) days of the Co ct 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. Page 1 of 7 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 one hundred thousand dollars ($100,000.00). Unless otherwise specified in Exhibit C, the State shall advance forty- percent (40 %) of the total grant amount 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 SHF 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 SHF may allow prior expenditures in furtherance of the Scope of Work to be counted as part of such matching funds. 6. 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 1 /o) within said Budget without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure amounts in excess of ten percent (10 %) must be authorized by the State. In no event shall the State's total financial obligation exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from the final payment. 7. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books, and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until three (3) years after the date final payment for this Project is received by the Contractor provided that the audit is performed at a time convenient to the Contractor and during regular business hours. 8. PARTIES RELATIONSHIP: CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF THE STATE. CONTRACTOR SHALL HAVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS OR UNDERSTANDINGS WITHOUT THE EXPRESS WRITTEN CONSENT OF THE STATE. THE CONTRACTOR REPRESENTS THAT IT HAS OR SHALL SECURE AT ITS OWN EXPENSE ALL PERSONNEL BY THE CONTRACTOR UNDER THIS CONTRACT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT COMPENSATION COVERAGE FOR ALL OF ITS EMPLOYEES TO THE EXTENT REQUIRED BY LAW, AND FOR ENSURING THAT ALL SUBCONTRACTORS MAINTAIN SUCH INSURANCE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING. ALL OF THE SERVICES REQUIRED HEREUNDER SHALL BE PERFORMED BY THE CONTRACTOR OR UNDER ITS SUPERVISION. 9. 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. To the State: Gloria J. Muniz Contracts Officer Colorado Historical Society State Historical Fund 225 East 16 Avenue, Suite 260 Denver, Colorado 80203 -1620 To the Contractor: Mr. Steven Meier City of Pueblo Department of Planning and Development 211 East "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 10. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or denied benefits of the service, programs, or activities performed by the Contractor, or be subjected to any discrimination by the Contractor upon which assurance the State relies. Further, all real property improvements shall conform to applicable ADA requirements. 11. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by the Society. 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 the Colorado Historical Society, Office of Page 2 of 7 Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted October 1991, a copy of which is available from the Society. 12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project which document the progress of the Project, and SHF Financial Reports (Attachment 1) as described and at the times in the List ojSubrnittals (Exhibit Q. 13. 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. 14. CONSULTANTS /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 14 shall not relieve the Contractor of any of its Contract obligations. 15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and similar materials funded under this Contract, a credit line shall be included that reads: "This project is/was paid for in part by a State Historical Fund grant from the Colorado Historical Society." In addition, the Society 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 the Colorado Historical Society". 16. 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 the Society, 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 The Society, 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 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. The Society, or a duly appointed representative of the Society, shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions are being observed. d. Within sixty (60) days prior to completion of this Contract, Contractor covenants and agrees that the Society 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 nin 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. 17. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or 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 pricelcost 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 SHF 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 Page 3 of 7 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, the Society 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 the Society. The Society 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. 18. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually or simultaneously. 19. 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. 20. TERMINATION BY STATE: The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The 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 are directly attributable to the uncompleted portion of the project covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 19 hereof relative to termination shall apply. 21. 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. 22. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this contract which would constitute a conflict of interest under any applicable State or Federal law. 23. COMPLIANCE WITH APPLICABLE LAWS: At all times during 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. 24. 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. 25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 26. ASSIGNMENT: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other parties. Page 4 of 7 27. SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance of compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. 28. BOND REQUIREMENT: If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the Contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if 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. Page 5 of 7 SPECIAL PROVISIONS (For Use Only with Inter- Governmental Contracts) 1. CONTROLLER'S APPROVAL. CRS 24-30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30 -202 (5.5) Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. M 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, LIABIIdTY, 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 provisions 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 provisions 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 State 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 the 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 FINANICAL INTEREST. CRS 24 -18 -201 & CRS 24 -50 -507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. EFFECTIVE DATE: JULY 1, 2003 Page 6 of 7 SPECIAL PROVISIONS THE PARTIES HERETO HAVE EXEC THIS CONTRACT CONTRACTOR: STATE OF COLORADO (Grant Recipient) Bill Owens, GOVERNOR City of Pueblo _ p Legal Name of Contracting Entity BY 04— " D6615 xecutive Director FEIN Z ZP - : Signature Authorized Officer kanct�- l-hur- ff n-r EA) ICni1rY!1 Print Name & Title ofathorized Officer CORPORATIONS: (A corporate seal or attestation is required.) Attest (Seal) BY (Corporate Secretary or Eq ' ent, or Town/City /County Clerk) Georgianna Contiguglia, President Colorado Historical Society Department of Higher Education STATE HISTORICAL FUND B W Mark Wolfe, Director / —Nl- LEGAL REVIEW: Ken Salazar ATTORNEY GENERAL g . ' uniz ntr is Officer, State Historical Fund 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 goods and/or services provided. State Controller Arthur L. Barnhart BY: CHS, Chief g azo i ial Officer Date: X: \Gifts\Document\28074524.doc ApprovaVContract E Includes Letter of Agreement Page 7 of 7 City of Pueblo Exhibit A Pueblo Mountain Park Preservation & Restoration Project # 98 -P7 -002 — Phase III of III SCOPE OF WORK I. Project Purpose: The purpose of Phase III is to complete the preservation and restoration repairs and improvements identified as the highest priority in the Master Plan for this National Register Property. II. Facilities include: Lower Pump House; Water Reservoir Building; Picnic Shelters (near the Administration Building and along South Creek); and Baseball Field Area. Work includes plans, specifications and competitive bidding to: 1. Repair and re -point stonewalls and foundation; repair doors and windows; and restore lighting on the lower Pump House Building. 2. Restore and re -chink logs; replace metal roof (south bldg. only); and re -point stones in the foundations of the Water Reservoir Buildings. 3. Replace roofs; replace missing logs; remove graffiti; coat structures with linseed oil; and re- point/replace stones in the foundations of the Picnic Shelters located near the Administration Building and along South Creek. 4. Improve site drainage; restore the ball field surface; re -point and repair the stonework in the columns, fence and walls; repair handrails; reset flagstone walks; replace concrete surface; replace roof; splice log rafters; recondition window and door frames /hardware; and restore stairs at the Baseball field area. In accordance with Section 12- 47.1 -12 -1 C.R.S. (1999) The Limited Gaming Act which authorizes the Colorado Historical Society to administer the State Historical Fund as a statewide grants program. HAContracts\98\98P1002 Phase 111 Exhibit A.doc Page 1 of 1 page City of Pueblo Exhibit B Pueblo Mountain Park Preservation & Restoration Project # 98 -P1 -002 - Phase III of III PROJECT BUDGET GRANT CASH PROJECT TASK REQUEST MATCH TOTAL PUMP HOUSE (LOWER) Repair /repoint stone walls & foundation $5,000 $5,000 $10,000 Repair windows & door with hardware $500 $500 $1,000 Repair lighting $1,500 $1,500 $3,000 WATER RESERVOIR BUILDINGS Recondition /rechink logs (approx. 25 %) $1,000 $1,000 $2,000 Replace metal roof on south building $1,000 $1,000 $2,000 Repoint stone foundations $3,000 $3,000 $6,000 PICNIC SHELTERS (Adm. & South Crk. Areas) Replace roofs $1,500 $1,500 $3,000 Replace missing logs $1,000 $1,000 $2,000 Remove graffiti & Linseed entire wood structures $2,000 $2,000 $4,000 Repoint stone foundation & replace missing stones $4,000 $4,000 $8,000 BASEBALL FIELD AREA Site preparation (drainage, ect.) $10,000 $10,000 $20,000 Repair stone columns & fence $3,500 $3,500 $7,000 Stone wall between columns $10,000 $10,000 $20,000 Handrail on stone wall /west side of ballfield $2,500 $2,500 $5,000 Repoint stone wall on structure & stairs $3,500 $3,500 $7,000 Replace guard rails $1,500 $1,500 $3,000 Reset & repoint flagstone pavement $2,000 $2,000 $4,000 Repoint stone & replace concrete on grandstand $9,000 $9,000 $18,000 Repoint stone wall on Announcer Tower $3,250 $3,250 $6,500 Replace roof on Announcer Tower $1,750 $1,750 $3,500 Splice log rafters on Announcer Tower $1,500 $1,500 $3,000 Recondition window frames on Announcer Tower $250 $250 $500 Remove graffiti on Announcer Tower $250 $250 $500 Add exterior door w /lock on Announcer Tower $250 $250 $500 Restore flooring, spiral stairs, and railing on Announcer Tower $1,500 $1,500 $3,000 PROFESSIONAL FEES & SERVICES Construction Mgmt. Only (Arch. Services in Phase 1) $2,500 $2,500 $5,000 CONTRACTORS OVERHEAD AND PROFIT $6,000 $6,000 $12,000 TRAVEL AND TERRAIN CONTINGENCY $2,500 $2,500 $5,000 PROJECT COST CONTINGENCY $17,750 $17,750 $35,500 PROJECT TOTALS $100,000 $100,000 $200,00 Contingency must be discussed /approved by SHF grant administration prior to encumbering /expending HAContracts\98 \98P1002 Phase III Exhibit B Am Page 1 of 1 page City of Pueblo Exhibit C Pueblo Mountain Park Preservation & Restoration Project # 98 -P1 -002 — Phase III of III Contract Period April 15, 2004 through December 31, 2005 LIST OF SUBMITTALS f. Progress Report # 3 July 15, 2005 Review* g. Final Financial Report (Attachment 1) July 15, 2005 Review and Approve. Final payment of grant award $10,000 'At the discretion of the SHF technical staff, progress reports may not receive a response. PROJECT DELIVERABLES Submit the following Project Deliverables in sequence. Deliverables 1-6 must be reviewed and approved, by SHF staff prior to construction. Protect Deliverables Society Response 1. Consultants resume (if differant consultant used) Review /Comment and or Approve 2. Subcontract copies Review /Comment and or Approve 3. Historical photos /documentation of areas to be replicated /restored Review /Comment and or Approve 4. Before photos of area(s) affected by Scope of Work Review /Comment and or Approve 5. Consultation with SHF Technical Staff Review /Comment and or Approve 6. Plans and specifications Review /Comment and or Approve 7. After photos of area(s) affected by Scope of Work Review /Comment and or Approve HAContracts \98 \98P1002 Phase III Exhibit C .doc Page 1 of 1 page Project Reports Project Reports Due Date Society Response a. Payment request form (Attachment 2) N/A Advance payment of Deliverables 1 & 2 below must be reviewed and award $30,000 approved before advance payment is made. b. Progress Report # 1 July 15, 2004 Review" c. Interim Financial Report (Attachment 1) November 15, 2004 Review & Approve. Deliverables 3 -6 below must be reviewed and Interim payment of grant approved before Interim payment is made. award $30,000 d. Progress Report # 2 March 15, 2005 Review' e. 2 nd Interim Financial Report (Attachment 1) March 15, 2005 Review & Approve. 2 nd Interim payment of grant award $30,000 f. Progress Report # 3 July 15, 2005 Review* g. Final Financial Report (Attachment 1) July 15, 2005 Review and Approve. Final payment of grant award $10,000 'At the discretion of the SHF technical staff, progress reports may not receive a response. PROJECT DELIVERABLES Submit the following Project Deliverables in sequence. Deliverables 1-6 must be reviewed and approved, by SHF staff prior to construction. Protect Deliverables Society Response 1. Consultants resume (if differant consultant used) Review /Comment and or Approve 2. Subcontract copies Review /Comment and or Approve 3. Historical photos /documentation of areas to be replicated /restored Review /Comment and or Approve 4. Before photos of area(s) affected by Scope of Work Review /Comment and or Approve 5. Consultation with SHF Technical Staff Review /Comment and or Approve 6. Plans and specifications Review /Comment and or Approve 7. After photos of area(s) affected by Scope of Work Review /Comment and or Approve HAContracts \98 \98P1002 Phase III Exhibit C .doc Page 1 of 1 page ., a �, b o 0 p '. co CD L P3 Id a s °• 0 F cr CD m z El °-� o, ce a ny o y oo ° ca 5 oo O .P- C m a A R is p G O b ( an R �, o• ° d CD ❑ tr o CD 0 m M o < . R `�'� N N OTI D tz, n y p w w 5 ' er O t ° `r d v b CD Z o w y a m k R N v 'b y ° p O z ►-4 ° Ov Fn CD o C�1 y o n w v r•1 c cn o E, N x o R A y w Y' y � C6 � w v b m > O rR+ STATE HISTORICAL FUND Attachment 2 PAYMENT REQUEST Grant Recipient: Date: Project Title: Project Total Amount Awarded: S Contract As the authorized representative of the G= aedpi m I hereby state that the above project is presently under contract with the Colorado Historical Society, State Historical Fund, and request (complete only one section ADVANCE PAYMENT REQUEST An Advance Payment of no more than forty percent (40 %) of the total grant award. I further state that work has begun or will begin within the next two weeks on the project; and that an advance payment is necessary to proceed with the Scope of Work. INTERIM PAYMENT REQUEST (Must initial both lines) An Interim Payment of no more than fifty percent (50 %) of the total grant award. I further state that any advance payment received to date has been fully expended, and that an interim payment is necessary to continue with the Scope of Work. AND Enclosed is a SHF Interim Financial Report and required documentation or certification of expenditures (payment will NOT be considered without a financial report). FINAL PAYMENT REQUEST (Must initial both lines) A Final Payment of the remaining balance of award, minus interest earned. AND Enclosed is a SHF Final Financial Report and required documentation or certification of expenditures (payment will NOT be considered without a financial report) I understand that the FINAL PAYMENT is a reimbursement, and further state that all invoices and bills reported on the Final Financial report have been PAID IN FULL. Signature of Grant Recipient/ Project Director Date H:\Manuals\conhwts n=uals\Attachments\.SHF Pay Request Art 2.doc Rev 112003