HomeMy WebLinkAbout07925ORDINANCE NO. 7925
AN ORDINANCE APPROVING A GRANT CONTRACT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
THE STATE OF COLORADO, COLORADO HISTORICAL
SOCIETY, APPROVING AN ENERGY MINERAL IMPACT GRANT
CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE COLORADO DEPARTMENT OF
LOCAL AFFAIRS, BUDGETING AND APPROPRIATING FUNDS
IN THE AMOUNT OF $850,000 RELATING TO THE EXTERIOR
RESTORATION OF PUEBLO CITY HALL PROJECT AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City hereby budgets $850,000 for the Exterior Restoration of Pueblo City
Hall Project (PL0806) and budgets and appropriates funds for said Project from the
sources set forth in Section 2 through 5 of this Ordinance.
SECTION 2.
The grant Contract and Attachments between the City of Pueblo, a Municipal
Corporation and the State of Colorado relating to the Exterior Restoration of Pueblo City
Hall Project, contract number 2008 -02 -23 ( "CHS Contract "), copies of which are
attached hereto and incorporated herein, having been approved as to form by the City
Attorney, are hereby approved. Funds in the amount of $200,000 from the CHS
Contract are hereby budgeted and appropriated for the Project.
SECTION 3.
The grant Contract and Attachments between the City of Pueblo, a Municipal
Corporation and the Colorado Department of Local Affairs relating to the Exterior
Restoration of Pueblo City Hall Project, contract number EIAF 6150 ( "DOLA Contact "),
copies of which are attached hereto and incorporated herein, having been approved as
to form by the City Attorney, are hereby approved. Funds in the amount of $200,000
from the DOLA Contract No. 1 are hereby budgeted and appropriated for the Project.
SECTION 4.
Funds in the amount of $201,653 from an insurance claim for roof damage to
City Hall are hereby budgeted and appropriated for the Exterior Restoration of Pueblo
City Hall Project.
SECTION 5.
Funds in the amount of $248,347 are hereby appropriated from the General Fund
Reserves for Exterior Restoration of Pueblo City Hall Capital Project.
SECTION 6.
The President of the City Council is hereby authorized to execute and deliver the
CHS Contract and DOLA 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.
INTRODUCED November 10, 2008
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 23
DATE: NOVEMBER 10, 2008
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING A GRANT CONTRACT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO,
COLORADO HISTORICAL SOCIETY, APPROVING AN ENERGY MINERAL IMPACT
GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE COLORADO DEPARTMENT OF LOCAL AFFAIRS,
BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $850,000
RELATING TO THE EXTERIOR RESTORATION OF PUEBLO CITY HALL PROJECT
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Shall City council approve a contract with the State of Colorado, Colorado Historical
Society, and approve a contract with the State of Colorado, Department of Local Affairs,
and budget and appropriate $850,000 for the Exterior Restoration of City Hall Project
PL0806.
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
The project is Phase I of a multi -phase restoration of the Pueblo City Hall & Memorial
Hall. Immediate concerns are water damage in interior walls from failing gutters and
mortar joints. The project follows the recommendations provided by a 2001 Historic
Structural Assessment and Master Plan, completed with assistance from the State
Historical Fund. The study identified the following "Prioritized Work" items: 1) Repair
leaks at gutters on both City Hall and Memorial Hall; 2) Tuck Point all cornices to
prevent water penetration into stonework; 3) Provide lateral reinforcement of the cupola
structure; and 4) Maintain or remove non - historic roll roofing and replace with barrel tile
roofing. The project scope of work will consist of 1) hiring an architect /engineer for
restoration, 2) roofing and waterproofing and 3) exterior closures. The present project is
focused on these tasks.
As a condition of the grant from the Colorado Historical Society ( "Society "), the City
would be obligated to comply with the following preservation of property provisions
paraphrased from the grant agreement for a period of twenty (20) years:
a. Without the 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. Reconstruction, repair, or restoration of
damage which has resulted from casualty loss, deterioration, or wear and tear, shall
be permitted subject to the prior written approval of The Society and such work must
be 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. The City must agree to maintain
the Property in a good and sound state of repair and to maintain the Property
according to the Secretary of the Interior's Standards to prevent deterioration of the
Property.
b. In the event of severe damage or total destruction to the Property that is not the fault
of the City this Agreement shall terminate.
c. Within sixty (60) days prior to completion of this Contract, the City agrees that
Society will record this Contract with the County clerk and recorder. The City
covenants and agrees that this Contract constitutes a binding covenant that will run
with the land.
d. To the extent authorized by law, the City shall indemnify, save, and hold harmless
the State against any and all claims, damages, liability and court awards incurred as
a result of any act or omission by the property owner pursuant to the terms of this
contract.
If the City is in violation of the this Agreement during this 20 year period, the Society
shall have the right to require the City to restore the Property to its condition at the time
of this Agreement or condition at the time of its most recent inspection.
FINANCIAL IMPACT
The DOLA Energy Mineral Impact Assistance Fund grant awarded the City $200,000.
The Colorado Historical Society, State Historic Fund awarded the City $200,000 as well.
Finally, an insurance claim in the amount of $201,653 will also be applied to the project
cost. The remaining $248,347 will be allocated from the general fund. The amounts
are show in Table 1 below.
Table 1.
Funding Source
Amount
CHS, State Historic Fund Grant
$200,000
DOLA, EIAF, Grant
$200,000
Insurance Claim
$201,653
General Fund
$248,347
Total
$850,000
EIAF #6150 - Pueblo City Hall
Vendor#
CFDA # N/A
GRANT CONTRACT
ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM
THIS CONTRACT, made by and between the State of Colorado for the use and benefit of the Department of Local
Affairs 1313 Sherman Street, Denver, Colorado_ 80203 hereinafter referred to as the State, or the Department, 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 sufficient unencumbered balance thereof remains available for encumbering and subsequent pa�rment of this Contract
in Fund Number 152 , Appropriation Code Number 127 Org. Unit FBAO , GBL 9-f/V. , Contract
Encumbrance Number F09S6150 ; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate
agencies; and
WHEREAS, the State desires to assist political subdivisions and state agencies of the State of Colorado that are
experiencing social and economic impacts resulting from the development, processing, or energy conversion of minerals or
mineral fuels; and
WHEREAS, pursuant to 39 -29 -110, C.R.S., the Local ,Government Severance Tax Fund has been created, which
fund is administered by the Department of Local Affairs, herein referred to as the "Department," through the Energy and
Mineral Impact Assistance program; and
WHEREAS, pursuant to section 39- 29- 110(1)(a) and (b)(1), C.R.S., the Executive Director of the Department is
authorized to make grants from the Local Government Severance Tax Fund to those political subdivisions socially or
economically impacted by the development, processing, or energy conversion of minerals and mineral fuels for the planning,
construction, and maintenance of public facilities and for the provision of public services; and
WHEREAS, the Contractor, a political subdivision or state agency eligible to receive Energy and Mineral Impact
Assistance funding, has applied to the Department for assistance with Phase 1 of the historic restoration of the City
Hall /Memorial Hall as further described in the attached Exhibit A , herein referred to as the "Project "; and
WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and
WHEREAS, the Executive Director wishes to provide assistance in the form of a grant from the Local Government
Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions as hereinafter set forth;
NOW THEREFORE, in consideration of and subject to the terms, conditions, provisions and limitations contained in
this Contract, the State and the Contractor agree as follows:
1. Scope of Services. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as
determined by the State, all work elements as indicated in the "Scope of Services" section of Exhibit A, attached hereto and
incorporated by reference herein
2. - Responsible Administrator. The performance of the services required hereunder shall be under the direct
supervision of Bill Zwick, Senior Planner, an employee or agent of the Contractor who is hereby designated as the
"Responsible Administrator" of the Project. At any time, the Contractor may propose, in writing, and seek the State's
approval of a replacement Responsible Administrator, in accordance with paragraph 8.b.ii) of this Contract. The State, in its
sole discretion, may direct that Project work be suspended in the event the current Responsible Administrator ceases to
serve as such prior to the approval by the State of a replacement Responsible Administrator.
3. Time of Performance. This Contract shall become effective upon approval by the State Controller or designee (the
"Effective Date ") and extend through the completion date set forth in the "Time of Performance" section of Exhibit A .
Performance of this Contract shall commence as soon as practicable after the Effective Date of this Contract; provided
however, that the Contractor shall not be entitled to payment for any performance rendered before the Effective Date and
shall not be eligible for reimbursement of any expenses incurred before the Effective Date. The Contractor shall undertake
and perform its obligations hereunder as set forth in Exhibit A . The Contractor agrees that time is of the essence in the
performance of its obligations under this Contract.
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4. Authority to Enter into Contract and Proceed with Project. The Contractor represents and warrants that it
possesses the legal authority to enter into this Contract and has taken all actions required to exercise such authority and
to lawfully authorize its undersigned signatory to execute this Contract and to bind the Contractor to its terms. The person
signing and executing this Contract on behalf of the Contractor does hereby warrant and guarantee that he /she.has full
authorization to execute this Contract. In addition, the Contractor represents and warrants that it currently has the legal
authority to proceed with the Project.
Furthermore if the nature or structure of the Project is such that a decision by the electorate is required, the Contractor
represents and warrants that it has held such an election and secured the voter approval necessary to allow the Project to
proceed.
5. Payment of Funds: Grant. In consideration for the work and services to be performed hereunder, the State agrees
to provide to the Contractor a grant from the Local Government Severance Tax Fund in an amount not to exceed TWO
HUNDRED THOUSAND AND XX/100 Dollars ($200.000.00) The method and time of payment of such grant funds to the
Contractor shall be made in accordance with the "Distribution Schedule" set forth in Exhibit A .
The Contractor shall use the funds provided by the State under this Contract solely for the purposes set forth in Exhibit A.
6. Refund of Excess Funds to the State..
a) Any State funds paid to the Contractor and not expended in connection with the Project shall be remitted by
the Contractor to the State within thirty ( 30 ) days of either (i) the completion of the Project or (ii) a determination
by the State, in its sole discretion, that the Project will not be completed, whichever occurs first. Any State funds not
required for completion of the Project shall be de- obligated by the State.
b) It is expressly understood that if the Contractor receives funds from this Contract during any fiscal year in
excess of its spending limit for such fiscal year, the Contractor shall refund all excess funds to the State within thirty
30 days of the later of (i) the receipt of such funds or (ii) the determination of such excess.
c) Under no circumstances shall unexpended or excess funds received by the Contractor under this Contract
be refunded or paid to any party other than the State.
7. Financial Management and Budget. At all times from the Effective Date until completion of the Project, the
Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with the
Project. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in
accordance with the 'Budget" section of Exhibit A . The Contractor may adjust individual budgeted expenditure amounts
without approval of the State; provided that no transfers to or between administration categories are made; and provided
further, that cumulative budgetary line item changes do not exceed the lesser of ten percent (10 %) of the total budgeted
amount or Twenty Thousand Dollars ($20,000.00 All other budgetary modifications must be approved by the State
pursuant to paragraph 8 of this Contract. Matching funds, if required, shall be expended by the Contractor on the Project in
accordance with the requirements set forth in the "Budget" section of Exhibit A .
8. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be necessitated
by changes in federal or state law or their implementing regulations. Any such required modifications automatically
shall be incorporated into and be part of this Contract on the effective date of such modification, as if fully set forth
herein.
b) Modification by State.
Option Letter. The State unilaterally may extend the term for performance of this Contract for up to
one (1) additional year on the same terms and conditions specified in this Contract and Exhibit A .
The State may exercise the option by written notice to the Contractor within thirty (30) days_ prior to
the end of the current Contract term, in a form substantially equivalent to Exhibit B -1 attached hereto
and incorporated by reference herein. The State may exercise this option only once during the
duration of this Contract. The total duration of this Contract shall not exceed a total Contract period of
five (5) years. Financial obligations of the State of Colorado payable after any current fiscal year are
contingent upon the availability of funds for that purpose as set forth in paragraph 24 of this Contract.
ii) Change Order Letter. The State may make the following modifications to this Contract using a
Unilateral Change Order Letter, in a form substantially equivalent to Exhibit B -2 attached hereto and
incorporated by reference herein, when such modifications are requested by the Contractor, in writing, or
determined by the State to be necessary and appropriate:
EIAF #6150- Pueblo City Hall
A) Change of Responsible Administrator, set forth in paragraph 2 of this Contract;
B) Transfers to or between administrative budgetary categories, as required by paragraph 7 of
this Contract;
C) Changes to cumulative budgetary line item in excess of the lesser of ten percent (10 %) of
the total budgeted amount or Twenty Thousand Dollars ($20.000.00) as required by
paragraph 7 of this Contract;
D) Change of Remit Address set forth in paragraph 5 of Exhibit A .
c) Other Modifications. If either Party desires to modify the terms of this Contract other than as set forth in
subparagraphs a) and b) of this paragraph 8, written notice of the proposed modification shall be given to the other
Party. No such modification shall take effect unless agreed to in writing by both Parties in an amendment to this
Contract properly executed and approved in accordance with Colorado law, fiscal rules, and policies. Such
amendment may also incorporate any modifications permitted under subparagraphs a) and .b) of this paragraph 8.
9. Audit.
a) Discretionary Audit. The State, through the Executive Director of the Department of Local Affairs, the
Colorado State Auditor, or any of their duly authorized representatives and the federal government or any of its duly
authorized representatives shall have the right to inspect, examine and audit the Contractor's and any
subcontractor's records, books, accounts and other relevant documents. For the purposes of discretionary audit, the
State specifically reserves the right to hire an independent certified public accountant of the State's choosing. A
discretionary audit may be requested at any time and for any reason during the period commencing on the Effective
Date and continuing for five (5) years after the date of the final payment for the Project under this Contract is
received by the Contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the State or the federal government calls for a discretionary audit as
provided above, the Contractor shall include the Project in its annual audit report as required by the Colorado Local
Government Audit Law, 29- 1-601, et seq., C.R.S., and implementing rules and regulations. Such audit reports shall
be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the .
Department with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit
reveals evidence of non - compliance with applicable requirements, the Department reserves the right to institute
compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed
pursuant to 29 -1 -607 or 29- 1-608, C.R.S.
10. Insurance.
10.1 The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the
following kinds and amounts:
a. Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance covering
all of the contractor's employees acting within the course and scope of their employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket contractual liability, personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or
other document satisfactory to the State showing compliance with this provision.
c. Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a
minimum limit as follows: $1,000,000 each accident combined single limit.
10.2 The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile
Liability Insurance policies (leases and construction contracts will require the additional insured coverage for
completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the
contract will be primary over any insurance or self - insurance program carried by the State of Colorado.
EIAF #6150 - Pueblo City Hall
10.3 The Insurance shall include provisions preventing cancellation or non - renewal without at least 45 days prior
notice to the State by certified mail.
10.4 The contractor will require all insurance policies in any way related to the contract and secured and maintained
by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or
otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees
and volunteers.
10.5 All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies
satisfactory to the State.
10.6 The contractor shall provide certificates showing insurance coverage required by this contract to the State within
7 business days of the effective date of the contract, but in no event later than the commencement of the
services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any
such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof. At
any time during the term of this contract, the State may request in writing, and the contractor shall thereupon
within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this
section.
10.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity" within the meaning of the
Colorado Governmental Immunity Act, CRS 24 -10 -101, et seg. as amended ( "Act "), the contractor shall at all
times during the term of this contract maintain only such liability insurance, by commercial policy or self -
insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall
show proof of such insurance satisfactory to the State.
11. Conflict of Interest. The Contractor shall comply with the provisions of 18 -8 -308 and 24 -18 -101 through 24 -18 -109,
C.R.S.
12. Remedies. In addition to any other remedies provided for in this Contract, and without limiting the remedies
otherwise available at law or in equity, if the Contractor fails to comply with any contractual provision, the State, after written
notice to the Contractor, may:
a) suspend this Contract and withhold further payments and /or prohibit the Contractor from incurring
additional obligations of contractual funds, pending corrective action by the Contractor or a decision by the State to
terminate this Contract in accordance with provisions herein. The State, in its sole discretion, may allow
expenditures during the suspension period which the Contractor could not reasonably avoid, provided such costs
were necessary and reasonable for the conduct of the Project; or
b) terminate this Contract for default.
The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually or
simultaneously.
13. Contract Termination. This Contract may be terminated as follows:
a) Termination Due to Loss of Funding. The Parties hereto expressly recognize that the Contractor is to be
paid or reimbursed with funds provided to the State for the purposes set forth herein, and therefore, the Contractor
expressly understands and agrees that all its rights, demands and claims to payment or reimbursement arising under
this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof
are not received by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, for any reason, 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 give written notice to the Contractor of such delay or non - performance. If the
Contractor fails to promptly correct such delay or non - performance within the time specified in the notice or twenty
(20) days from the date of such notice, which ever is greater, the State shall have the right, at its sole option, to
terminate this entire Contract, or such part of this Contract as to which there has been delay or failure to properly
perform, for cause. If the State terminates this Contract for cause, the State shall reimburse the Contractor only for
eligible expenditures made up to the date of termination.
Notwithstanding the above, the Contractor shall remain liable to the State for any damages sustained by the
State by virtue of any breach of this Contract by the Contractor, and the State may withhold any payments to the
Contractor for the purpose of offset until such time as the exact amount of damages due the State from the
Contractor is determined.
EIAF #6150 - Pueblo City Hall
c) Termination for Convenience. When the interests of the State so require, the State may terminate this
Contract in whole or in part for the convenience of the State. The State shall give written notice of termination to the
Contractor specifying the termination of all or a part of this Contract and the effective date thereof, at least twenty
(20) days before the date of termination. Exercise by the State of this termination for convenience provision shall not
be deemed a breach of contract by the State. Upon receipt of written notice, the Contractor shall incur no further
obligations in connection with the terminated work and, on the date set in the notice of termination, the Contractor
shall stop work to the extent specified. The Contractor also shall terminate outstanding orders and subcontracts as
they relate to the terminated work.
14. Integration. This Contract, together with it exhibits and attachments, is intended as the complete integration of all
understandings between the Parties. No prior or contemporaneous addition, deletion or modification hereto shall have any
force or effect whatsoever, unless embodied in a writing, executed by the Parties pursuant to paragraph 8 of this Contract,
and approved in accordance with Colorado State fiscal rules and policies.
15. 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 this 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.
16. Waiver. The waiver of any breach of a term, provision or requirement hereof shall not be construed as a waiver of
any other term, provision or requirement or of any subsequent breach of the same term, provision or requirement.
17. Binding on Successors. Except as otherwise provided herein, this Contract shall inure to the benefit of and be
binding upon the Parties, and their respective successors and assigns.
18. Assignment. Notwithstanding paragraph 17, the Contractor may not assign its rights or duties under this Contract
without the prior written consent of the State. No subcontract or transfer of this Contract shall in any case release the
Contractor of responsibilities under this Contract.
19. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, all terms and conditions of
this Contract, including but not limited to the exhibits and attachments hereto, which may require continued performance,
compliance or effect beyond the termination date of this Contract shall survive such termination date and shall be enforceable
by the State in the event of any failure to perform or comply by the Contractor or its subcontractors.
20. Successor in Interest. In the event the Contractor is an entity formed under intergovernmental agreement and the
project is for the acquisition, construction or reconstruction of real or personal property to be used as a public facility or to
provide a public service, the Contractor warrants that it has established protections that ensure that, in the event the
Contractor entity ceases to exist, ownership of the property acquired or improved shall pass to a constituent local government
or other eligible governmental successor in interest, or other successor if specifically authorized in Exhibit A , so that the
property can continue to be used as a public facility or to provide a public service.
21. Non - Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state and federal
laws and requirements with respect to discrimination and unfair employment practices.
22. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor shall strictly
adhere to all applicable federal, state and local laws, and their implementing regulations, that have been or may thereafter be
established, which laws and regulations are incorporated herein by this reference as terms and conditions of this Contract.
The Contractor also shall require compliance with such laws and regulations by subcontractors under subcontracts entered
into in connection with the Project.
23. Order of Precedence. In the event of conflicts or inconsistencies between this Contract and its exhibits or
attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of
priority:
A. Colorado Special Provisions, of this contract.
B. Modifications to the Contract, pursuant to Exhibits B- 1,6 -2, or Amendment.
C. Remaining paragraphs of the Contract.
D. Exhibit A, Scope of Services.
24. Availability of Funds. This Contract is contingent upon the continuing availability of State appropriations as
provided in Section 2 of the Colorado Special Provisions, incorporated as a part of this Contract. The State is prohibited by
law from making fiscal commitments beyond the term of its current fiscal period. If federal appropriations or grants fund this
Contract in whole or in part, this Contract is subject to and contingent upon the continuing availability of appropriated federal
funds for this Contract. If State of Colorado or federal funds are not appropriated, or otherwise become unavailable to fund
this Contract, the State may immediately terminate this Contract in whole or in part without further liability.
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25. Third Party Beneficiaries. The enforcement of the terms and conditions of this Contract and all rights of action
relating to such enforcement shall be strictly reserved to the State and the Contractor. Nothing contained in this Contract
shall give or allow any claim or right of action whatsoever by any third person. It is the express intention of the State and the
Contractor that any such person or entity, other than the State or the Contractor, receiving services or benefits under this
Contract shall be deemed an incidental beneficiary only.
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SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24 -30 -202 (1). This contract shall not be deemed 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. INDEMNIFICATION. 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 attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its
employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
[Applicable Only to Intergovernmental Contracts] 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, 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. Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when
due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor
acknowledges that contractor and its employees-are not entitled to unemployment insurance benefits unless contractor or a 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 agreement, 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 its acts and those of its employees and agents.
b. NON - DISCRIMINATION. 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 this contract is capable of execution. At all times during the performance of this contract,
Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established.
7. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to Intergovernmental Agreements] The State Controller may withhold
payment of certain debts owed to State agencies under the State's vendor offset intercept system for: (a) unpaid child support debts or child support
arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et. seq.; (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts
certified by the State Controller as owing to the State as a result of final agency determination or judicial action.
8. 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 federal copyright laws or applicable licensing restrictions. Contractor
hereby certifies that, for the term of this contract and any extensions, Contractor has 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 paragraph, the State may exercise, any remedy available at law or 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. CRS §24 -18 -201 and §24 -50 -507. The signatories aver that to their knowledge, no employee of the State has
any personal or beneficial interest whatsoever in the service or property described in this contract.
10. PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects, Intergovernmental agreements, or Information technology
services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will
perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to
perform work under this contract through participation in the E- Verify Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c),
Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that
fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use 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 illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the
Department program, Contractor shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized
affirmation, affirming that Contractor has examined the legal work status of such employee, and comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the contracting State agency, institution of higher
education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.6 -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 -103 prior to the effective
date of this contract. Revised May 13, 2008
EIAF #6150 - Pueblo City Hall
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
City of Pueblo, Colorado
Barbara A. Vidma
By: Name of Authorized Individual
President of the City Council
Title: Official Title of Author' ed Individual
*Signature
Date: t . 4 $ ! O'Z�
STATE OF COLORADO
Bill Ritter, Jr., GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
B
Susan E. G trio xecutive Director
Date: 4 X
PR - APPROVED FORM CONTRACT REVIEWER
I
By:
Name of Pre - Approved Form Contract Reviewer
Date: 1d
ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER
CRS §24-30 -202 requires 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
performance or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By:
Rose Marie Auten, Controller Delegate
Date: , a n
Revised June 2, 1008
EIAF #6150 - Pueblo City Hall
EXHIBIT A
SCOPE OF SERVICES
EIAF #6150 - Pueblo City Hall
EXHIBIT A
SCOPE OF SERVICES
2.
3.
4.
PROJECT DESCRIPTION, OBJECTIVES AND REQUI
The Project consists of Phase 1 of the historic restoration of the City of Pueblo (Contractor) City Hall /Memorial Hall.
This first phase will seal the exterior of the structure to prevent further deterioration due to moisture penetration. The
roof will be replaced and the exterior masonry of the 1918 structure will be restored.
If cost savings are incurred while completing the Project, the State may require that those savings be split on a pro -
rata basis between the State and the Contractor.
Eligible expenses include construction costs.
Energy and Mineral Impact Assistance program funds in the amount of TWO HUNDRED THOUSAND AND XX/100
Dollars ( $200.000.00) are provided under this Contract to finance Project costs. The Contractor shall provide FOUR
HUNDRED FIFTY THOUSAND AND XX/100 - - -- Dollars ($ 450.000.00) in Project financing from sources other than
State funds, and, in any event, is responsible for all Project cost in excess of TWO HUNDRED THOUSAND AND
XX/100 Dollars ( $200.000.00 ).
Construction plans and specifications shall be drawn up by a qualified engineer licensed in the State of Colorado and
hired by the Contractor through a competitive selection process.
A construction contract shall be awarded to a qualified construction firm through a formal public bid process with the
Contractor being obligated to award the construction contract to the lowest responsible bidder meeting the
Contractor's specifications.
Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted
to the Department of Local Affairs upon execution, and any and all contracts entered into by the Contractor or any of
its subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the
State of Colorado.
The Contractor agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events
designed to promote or educate the public about the Project, including but not limited to: press releases, newspaper
articles, op -ed pieces, press conferences, presentations and brochures /pamphlets.
ENERGY AND MINERAL IMPACT
For over 130 years, Pueblo's economy has been impacted by the fluctuating economic conditions in the steel and
coal industries that have influenced the vitality of the former CF &I Steel Mill and the Burlington Northern and Santa
Fe Railroad. Currently, the mill is operated by Rocky Mountain Steel, and its systems have been modernized to
enable it to compete in the global steel market. In 2008, the mill expects to have approximately 1,500 employees.
TIME OF PERFORMANCE
The Project shall commence upon the Effective Date and shall be completed on or before December 31, 2011 In
accordance with paragraph 8.b.i. of this Contract, the Contractor may request an extension of the time for
performance by submitting a written request, including a full justification for the request, to the State at least thirty
(30) days prior to the termination of the performance period. If the State, in its sole discretion, consents to an
extension, the State shall grant such extension in accordance with paragraph 8.b.i. of this Contract.
BUDGET
Revenues Expenditures
Energy /Mineral Impact - GRANT $200,000 Arch itect/Engineering Services $60,000
Contractor Funds 450,000 Construction 790.000
State Historic Fund 200.000
Total $850,000 Total $850,000
10
EIAF #6150 - Pueblo City Hall
5. REMIT ADDRESS: (Address to where payments are to be sent)
1 City Hall Place
Pueblo, CO 81003
6. DISTRIBUTION SCHEDULE
Grant Payments
$180,000 Available for interim payments reimbursing the Contractor for actual expenditures made
in the performance of this Contract. Payments shall be based upon properly
documented financial and narrative status reports detailing expenditures made to date.
$ 20.000 Available for final payment to be made to Contractor upon the completion of the Project
and submission by the Contractor of final financial and narrative status reports
documenting the expenditure of all Energy /Mineral Impact Assistance funds for which
payment has been requested.
$200,000 Maximum Available
7. PAYMENT PROCEDURE
The State shall establish billing procedures and pay the Contractor for actual expenditures made in the performance
of this Contract based on the submission of statements in the format prescribed by the State. The Contractor shall
submit requests for reimbursement, setting forth a detailed description of the amounts and types of reimbursable
expenses.
Payments pursuant to this Contract shall be made, in whole or in part, from available funds encumbered for the
purposes of this Contract. The liability of the State, at any time, for such payments shall be limited to the amount
remaining of such encumbered funds. In the event this Contract is terminated, final payment to the Contractor may
be withheld at the discretion of the State until completion of final audit. Incorrect payments to the Contractor due to
omission, error, fraud, or defalcation shall be recovered from the Contractor by deduction from subsequent payment
under this Contract or other contracts between the State and the Contractor, or by the State as a debt due to the
State.
8. CONTRACT MONITORING
The State shall monitor this Contract on an as- needed basis, as determined by the State in its sole discretion. The
State or any of its duly authorized representatives shall have the right to enter, inspect and examine the Project upon
twenty -four (24) hours advance written notice to the Responsible Administrator.
9. REPORTING SCHEDULE
At the time the Contractor submits periodic payment requests, the Contractor shall submit, on a periodic basis,
financial and narrative status reports detailing Project progress and properly documenting all to -date expenditures of
Energy and Mineral Impact Assistance funds. The form and substance of such status reports shall be in accordance
with the procedures developed and prescribed by the State. The preparation of reports in a timely manner shall be
the responsibility of the Contractor and failure to comply may result in the delay of payment of funds and /or
termination of this Contract. Required reports shall be submitted to the State at such time as otherwise specified by
the State.
11
EIAF #6150 - Pueblo City Hall
EXHIBIT B1
OPTION LETTER
12
EIAF #6150 - Pueblo City Hall
EXHIBIT 131
Contract Routing #
Encumbrance #
Vendor #
for Remit Address)
APPR GBL
OPTION LETTER #
(Grant Between Colorado Department of Local Affairs and (Grantee Name and Address!
Date State Fiscal Year Option Letter No
SUBJECT: Option to renew for additional term
In accordance with paragraph 8.b.1 of contract routing number . between the State of
Colorado, Department of Local Affairs, (Division name) and (Contractor's Name) , the
State hereby exercises the option for an additional term of (OPTION 1) _ ( ) months, (OPTION 2) one (1)
year. The State may exercise this option only once during the duration of the Contract.
The amount of the current Fiscal Year contract value shall remain unchanged. The first sentence in
paragraph 3 of Exhibit A of the Contract is hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. i , $
APPROVALS: '
State of Colorado:
Bill Ritter, Jr., Governor G
L
(for) Susan E. Kirkpatrick, Executive
Department of Local Affairs _5
z 0"
O F ..
Reviewed by: y
Pre - approved Form Contract Reviewer
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This Option Letter 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 under this Option Letter until the Option Letter 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:
David J. McDermott, CPA
By
Rose Marie Auten, Controller
Department of Local Affairs
Date
13
i
EIAF #6150 - Pueblo City Hall
EXHIBIT B2
CHANGE ORDER LETTER
14
EIAF #6150 - Pueblo City Hall
EXHIB B -2
Contract Routine#
Encumbrance #
Vendor #
for Remit Address
APPR GBL
CHANGE ORDER LETTER #
In accordance with paragraph 8.b.ii of contract routing number between the State of
Colorado Department of Local Affairs, and (Name of Contractor ), covering the period of
(include performance period here the State hereby unilaterally modifies the Contract as follows:
(Indicate purpose by choosing at least one of the following)
Choice #1: Responsible Administrator:
Paragraph 2 of the Contract is amended by deleting the name of the current Responsible Administrator in
the first sentence and inserting in lieu thereof the name of the successor Responsible Administrator as
follows:
Choice #2: Administrative Budget Categories: Exhibit A (Statement of Work) to the Contract is
amended by transferring revenues and expenditures among administrative categories of paragraph 4
(Budget) as follows:
The total revenues and expenditures set forth in paragraph 4 of Exhibit A (Scope of Services) remain
unchanged.
Choice #3: .Cumulative Budgetary Line Item Changes in Excess of the lesser often percent (10 %)
or Twenty Thousand Dollars ($20,000.00). Exhibit A (Scope of Services) to the Contract is amended by
modifying paragraph 4 (Budget) as follows:
The total revenues and expenditures set forth in paragraph 4 of Exhibit A (Scope of Services) remain
unchanged.
Choice #4: Remit Address: Exhibit A (Scope of Services) to the Contract is amended by deleting the
current "Remit Address" in paragraph 5 (Remit Address) and inserting in lieu thereof the new "Remit
Address" as follows:
The effective date of this change order is upon approval of the State Contr pr, or delegee, or
20_, whichever is later.
APPROVALS:
State of Colorado:
Bill Ritter, Jr., Governor
B D ate: 0 1 - 1
Date:
(for) Susan E. Kirkpatrick, Execut �;rector
Department of Local Affairs
"P
Reviewed by:
Pre - approved Form C . , t Reviewer
15
EIAF #6150 - Pueblo City Hall
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:
David J. McDermott, CPA
16
Dorm (R 5/98)
CONTRACT #2008 -02 -023
[lle -- 00
Colorado 1- hsturical Society
jDcp ai7mcnto`r'A gency Nuritbc ft;
GCA
APPROVF,D lXbAIVTA FORM
#37 -E
"PHIS CONTRACT, Made this day of �'�- � t' , by and between the State of Colorado for the use
and benefit of the Department of Iligher Education, Colorado Ilistorieal 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"
WI- IFREAS, authority exists in the law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted
ball�anc�ethherreecif remains available for encumbering and subsequent payment of this Contract under Encumbrance Number
0117 in Fund Number 401, Appropriation Account 401 and Organization SlIFG; and
WI- IEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, Article 12- 47.1 -1201 of the Colorado Revised Stames and Subsection (5) (b) (111) of Section 9 of Article XVIII of the state
constitution, provide for the annual distribution of monies from the State 1- fistorical Fund; and
WIFEREAS, 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
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
WIIEREAS, 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 I- listnric properties as the Puchlo City I -fall located at 1 City I -fall Place, Pueblo, Colorado,
hereinafter referred to as the "Property," and which Property is more particularly described as follows:
LOT 5 BLK 1 HISTORIC ARKANSAS RIVERWALK PROJECT FI #1 FORMI LRY 05- 361 -46 -007 + 05- 36422 -001
+ -002 + -005
NOW TI- B3RFFORM, it is hereby agreed that:
I. The Contractor shall use funds subject to this Contract in support of Project #2008 -02 -023 "Exterior Restoration" in
accordance with the Srope of Work attached hereto as Gxhlbit 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 wilt perform the activities and produce the deliverables listed in
Exhibit C in accordance with the pertinent suctions of the applicable Secretary of the Interiors Standards for Archaeology and
Historic Preservation. Contractor shall perform any and all survev activities and submittals in accordance with the Survey Manual
and I -low 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 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,
die work or works for Society and /or State Iistorical Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from December 31, 2008 through June 30, 2011.
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. ']'he performance of the work must be completed no later than
thirty (30) days prior to the Contract ending date.
5. COMPENSATION AND MF:PHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to
on time delivery of completion of the milestones contained in the List of Submittals set forth in Exhibit C, the State shall pay to
the Contractor a grant not to exceed two hundred thousand dollars ($200,000.00).
Page 1 of 7
Unless otherwise specified in Exhibit C, the State shall advance forty- percent (40 0 /6) of the total grant amount upon proper
execution of this contract and upon submission of a SHF Payment Request, fifty- percent (50 0 /.) will be paid to the Contractor
upon submission and approval of the Interim SHF Finaadal 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 (Attarbments 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 put 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 0 /6) 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 0 /6) 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 WRI'1'ITN 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 parries 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: lanes"9tratis OTEI00J W
4noerhn Director
Colorado Historical Society
State Historical Fund
225 East 16 Avenue, Suite 950
Denver, Colorado 80203 -1620
To the Contractor. Mr. William Zwick
Senior Urban Design Planner
City of Pueblo - Department of Community Development
Planning & Community Development
1 City I -Iall Place
Pueblo, Colorado 81003
10. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in, or denied benefits of the service,
programs, or activities performed by the Contractor, or be subjected to any discrimination by the Contractor upon which
assurance the State relies. Further, all real property improvements shall conform to applicable ADA requirements.
1l. 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 Archaeology and Historic Preservation, Dissemination of Cultural Resource; Policy and Procedures,
adopted October 1991 (Revised Nov. 2002), a copy of which is available from the Society.
Page 2 of 7
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 SHIP Financial Rrporrr (Attachment 1) as described and at the times in the Lit of
Submittals (Exhibit C).
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, not or other similar casualty) not due
to the fault of the Contractor this Agreement shall terminate as of the date of such damage or destruction.
c. 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 inn 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 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 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
Page 3 of 7
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
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 dare 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 beat 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 States 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 me 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. SEVER-ABILITY: 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 me 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. -
Page 4 of 7
26. ASSIGNMENT: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties.
27. SURVIVAL 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 Gen of a bond. This provision is in compliance with CRS 38 -26 -106.
Page 5 of 7
1. CONTROLLER'S APPROVAL, CBS 24-30 -202 (t).
Tho contract shall not be deemed 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. INDEMNIFICATION.
Contractor shall indemnify, save, and hold harmless the State, its employees and agems, against any and all claims, damages, liability and court awards including cosec, expenses, And
attorney fees and related roses, incurred as a malt of any act or omission by Contract.,, or its employees, agents, subcontractors, or assignors pursuant to the teens of this contract.
(Applicable Only to Intergnvemmenml Contercul No fern of 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, of the Colorado GrvemmentAl Immunity Act, CRS 24 -10 -101 et seq., or the Fedeml Ton Claims Act, 28 U.S.C. 2671 et
seq., As applicable, As now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 8013.
Contractor shall perform its duties hereunder as an independent contractor and not as An employee. Neither contractor nor any agent or employee of contractor shall be or shall he
deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state
pursuant to this contract Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third parry provides
such coverage and that the state does not pay for or othewus provide such coverage. Contractor shall have no authorization, express or implied, to bind the state many agreement,
liability or understanding, except As expressly set forth hereto. Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when
¢quested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents.
S. NON - DISCRIMINATION.
Contractor agrees in comply with the letter and the spirit of all applicable State and &ders] laws respecting discrimination and unfair employment Tracheas.
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 exm- judicial body or person or which is otherwise in conflict with
said laws, toles, And regulations shag be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other
special pmsision in whole or in pact 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 wai not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the
perfosmance of this contort, Contractor shall strictly adhere no all applicable federal and State laws, toles, and regulations that have been or may hereafter be established
7. /NorAppBCahle m Intergoremnsenml ContescnJ VENDOR OFFSET, CRS 24- 30-202 (1) and 24- 30302.4,
The State Commie, may withhold payment of retrain debts awed to State agencies under the vendor offset intercept system foe (a) unpaid child support debt or child support
aneamges; (b) unpaid balance of tit, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) wpaid loans due to the Stodtnt I.. Division of the Department
of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, As a result of final
agency determination or reduced to judgment, As testified by the State Controller.
S. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 00200.
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 federal copyright laws or
applicable licensing restrictions. Contactor hereby certifies that, for the term of this contract And arty extensions, Contractor has 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 paragraph, the State may r.caroe any remedy available at law or 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. CRS 24-18 -201 and 24 -50 -507.
The signatories in that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the serv or property described in this contract.
10. PUBLIC CONTRACTS FOR SERVICES. CRS 5- 17.5 -101. /NotApplicahk an agreements orating an the filer, ieeuanre, ors rk olaecurities, investment advisory
retraces m Pond management aemce,, s,ponrooed project,, anrergosxmmentaf agreement,, or in ermaafen ecchmokgy aersacea or pmducm and services/
Contactor certifies, wmmnts, and agrees that it does not knowingly employ or contract with an illegal Alien who will perform work under this concoct and will confirm the
employment eligibility of all employees who are newly hired for employment in the United Stares to perform work under this toners through participation in the &Verify Program
or the Department program established pursuant to CRS 8- 17.5- 102(5)(c), Contractor shall not knowingly employ or roamer with An illegal alien to perform wr rk under this connect
or enter into A contract with a subconmetor, that fads to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
,ader rte,A .nom Contractor (a) shill not use E -Verify Program or Department pmgmm procedures in 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 Conmeor has actual knowledge that a submntmator is employing or
conmc[ing with an illegal Alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the order, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS 5- 17.5- 102(5), by the Colorado
Department of Labor and Employment If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, institution of higher
education or political subdivision a written, incensed affirmation, affirming that Contractor has examined the legal work status of such employee, and comply with all of the odc,
requirements of the Department pmgmm. If Cranston, fads to comply with any requirement of this provision or CRS 8 -17.5 -101 et seq., the contracting Sure Agency, innimtion of
higher education or political subdivision may terminate this contract for breach and, if,. terminated, Contractor shall be liable for damages.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24- 76.5 -101. Contractor, if a natural person eighteen (15) years of age or older, hereby sweats and affirms under
penalty of pequry that he .,she (a) is a citisen .r otherwise lawfully present in the United States pursuant no federal law, (b) shall comply with the proaisiom .f CRS 2476.5 -101 et
seq., and (c) has produced one form of identification required by CRS 2476.5 -103 prior to the effertwe date of this contract.
Revised May 13, 2008
Revised October 25, 2006
Effective Date of Special Provisions: August 7, 2006
Page 6 of 7
��•�
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*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:
(Grant Recipient)
City of Pueblo - Department of Community
Development
Legal Name of Contracting Entity
"�wrbwra. R.
- PrKiA4A+ of 1-hc.
// Z f
Date
Barbara Vidmar
STATE OF COLORADO
Bill Ritter, r. GOVERN�JOR /
BY: Il _� ;/(
ExecutK Director or Designee
Edward C. Nichols, President
f Colorado Historical Society
V A N
l A r— I
Date:
Department of Higher Education
Print Name of Authorized Officer
President of the City Council
Print Title of authorized
STATE HISTORICAL FUND
BY: - k) Ia _F_
jenres£kietir,- knernx Director
sTeVWN w,1VjA#jU - � 1 n Z , � �r
Date: ��Q — V4
WAIVER CONTRACT REVIEWER
BY: v
Janette Vigi ontracts Officer
State Historical Fund
Date: 1 2 - 17 -0 %
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay
Contractor for such performances or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
B )6,�
S
CHS, Chief Financial Officer
DEC 2 2 2008
Revised, June 10, 2008
X:\Documcnt\28l53704.doc
Appm,;J /Co-buct E Includes Latter of Ageement
Page 7 of 7
City of Pueblo
Exterior Restoration
Project #2008 -02 -023
SCOPE OF WORK
Exhibit A
I. Project Purpose: The purpose of this project is to prepare construction documents for the
reconstruction of the roof and waterproofing system, to clean and restore masonry and tile, and to
restore the cupola /dome structures of the Pueblo City and Memorial Halls.
II. Scope of Work is as follows:
A. Contract with qualified restoration architect, structural engineer and roofing consultant.
1. Perform analysis, assessment, plans and specifications for: restoration of drainage systems,
replacement of roofing and flashing including replacement of roof penetrations, repairing
cupola and dome structures, repointing 25% of exterior masonry, and sealing cracks in terra
cotta ornament.
B. Roofing and Waterproofing
1. Remove and replace existing modified roll roof with barrel tile roof and flashing per
historical appearance.
2. Remove and replace integral gutter with copper gutter and metal flashing.
3. Install additional steel bracing to top chord of the steel trusses at base of cupola tower.
4. Replace metal shingles on cupola tower roof with copper metal shingles as appropriate.
5. Remove and replace louvers /venting at roof.
C. Exterior Closures (Excluding doors and windows)
1. Remove and replace existing historic flue (8' -0" H)
2. Repoint deteriorated mortar of fagade at City Hall and Memorial Hall, including cupola
tower.
3. Remove white coating from terracotta at cupola tower.
4. Replace glazing compound at steel sash windows on cupola tower.
5. Remove coating at Corinthian columns on cupola tower.
6. Repoint existing terracotta cornice at cupola tower.
In accordance with Section 12- 47.1 -1201 C.R.S. (1999) The Limited Gaming Act which authorizes the
Colorado Historical Society to administer the State Historical Fund as a statewide grants program.
H: \Contracts \2008 \0802023 Exhibit A.doc
Page 1 of 1 pages
City of Pueblo
Exterior Restoration
Project #2008 -02 -023
TASK
A. Professional Services
PROJECT BUDGET
GRANT CASH
REQUEST MATCH
Exhibit B
PROJECT
TOTAL
1. Prepare Plans, Specifications for Bid and
$0
$8,200
$8,200
construction management and photography
$16,800
43,200
60,000
ProferrionalSemicesSubtotal A
$16,800
43,200
60,000
B. Roofing and Waterproofing
1. Remove and Replace Existing Roof with Barrel
$0
$1,400
$1,400
Tile Roof and Flashing (223 squares)
$100,000
$316,000
$416,000
2. Remove and Replace Integral Gutter with Copper
$66,545
$66,637
$133,182
Gutter and Flashing (762 LF)
$0
$65,000
$65,000
3. Install additional Steel Bracing to Top Chord of the
Steel Trusses at Base of Cupola Tower
$0
$20,000
$20,000
4. Remove and Replace Cupola Tower Roof with
Appropriate Shingles
$0
$50,000
$50,000
5. Remove and Replace Louvers /Venting at Roof
$0
$34,000
$34,000
Subtotal
$100,000
$485,000
$585,000
C. Exterior Closure
1. Remove and Replace Existing Historic Flue (8'f4) $0 $8,500 $8,500
2. Repoint deteriorated mortar @ 25% of Facade @
City Hall and Memorial Hall - Includes Cupola
Tower (7,000 SF) 1 $66,545 $38,437 $104,982
3. Remove White Coating from Terracotta on Cupola
(1,105 SF)
$0
$8,200
$8,200
4. Replace Glazing Compound @ Steel Sash Windows
on Cupola (448 SF)
$0
$9,400
$9,400
5. Remove Coating @ Corinthian Columns @ Cupola
(14'H @ 8 EA.)
$0
$1,400
$1,400
6 Repoint Existing Terracotta Cornice @ Cupola (50 LF)
$0
$700
$ 700
Subtotal
$66,545
$66,637
$133,182
Construction Hard Corti Sub Total D (B +C)
Project Subtotals (A +D)
*Contingency (10% of Subtotals B +C)
PROJECT TOTALS
$166,545 $551,637 $718,182
$183,345 $594,837 $778,182
$16,655 $55,163 $71,818
$200,000 $650,000 $850,000
*Contingency - Cannot be used without prior written approval by SHF Staff.
H: \Conuactc \2008 \0802023 Exhibit B.doc
Page 1 of 1 pages
City of Pueblo
Exterior Restoration
Project #2008 -02 -023
LIST OF SUBMITTALS
Project Reports
Exhibit C
Project Reports
Due Date
Societe Response
a.
Payment Request Form (Attachment 2).
N/A
Advance payment of grant
Deliverables #1 -7 below must be reviewed and
award $55,004.
approved before Advance payment is made.
b.
Progress Report # 1
February 28, 2009
Review*
c.
Progress Report # 2
April 30, 2009
Review*
d.
Progress Report # 3
June 30, 2009
Review*
e.
Progress Report # 4
august 30, 2009
Review*
f
1 Interim Financial Report (Attachment 1).
August 30, 2009 **
Review & Approve. 1�t
Deliverables #8 -12 below must be reviewed and
Interim payment of grant
approved before Interim payment is made.
award $55,004.
g.
Progress Report # 5
October 30, 2009
Review*
It.
Progress Report # 6
December 30, 2009
Review*
i.
Progress Report # 7
February 28, 2010
Review*
j.
Progress Report # 8
April 30, 2010
Review*
k.
2 ^a Interim Financial Report (Attachment 1).
April 30, 2010
Review & Approve. 2 °a
Interim payment of grant
award $55,003.
1.
Progress Report # 9
June 30, 2010
Review*
m.
Progress Report # 10
August 30, 2010
Review*
n.
Progress Report # 11
October 30, 2010
Review*
o.
Progress Report # 12
December 30, 2010
RevieNv*
p. Final Financial Report (attachment 1) December 30, 2010 * ** Review & Approve.
Final payment of grant
award $18,334 plus any
approved contingency.
*At the discretion of the SHF technical staff, progress reports may not receive a response.
Page 1 of 2 pages
City of Pueblo
Exterior Restoration
Project #2008 -02 -023
Exhibit C
** Interim financial report due date is a guideline. Please submit Interim financial report when majority of
advance has been expended and you are ready for the next payment.
* ** Project period ends All Deliverables due on or before this date.
PROJECT DELIVERABLES
Submit the following Project Deliverables. Deliverables #I thorugh 12 must be reviewed and approved by
SHF before commencement of treatments (construction).
Project Deliverables Society Response
1.
Consultant Resume - Architect
Review /Comment and or Approve
2.
Consulstant Resume - Structural Engineer
Review /Comment and or Approve
3.
Subcontract Copy - Architect
Review /Comment and or Approve
4.
Subcontract Copy - Structural Engineer
Review /Comment and or Approve
5.
Initial Consultation with SHF Historic Preservation Specialist
Review /Comment and or Approve
G.
Before /existing condition photos of areas to be treated
Review /Comment and or Approve
7.
Historical photos /documentation of areas to be treated
Review /Comment and or Approve
8.
Materials Testing Analysis & Results
(all mortars and cleaning solutions)
Review /Comment and or Approve
9.
Subcontract Copy — Roofing Consultant
Review /Comment and or Approve
10.
Subcontract Copy — General Contactor
Review /Comment and or Approve
11.
Construction Documents / Plans and specifications
Review /Comment and or Approve
12.
Preconstruction meeting with SHF Historic Preservation Specialist
Review /Comment and or Approve
13.
block up of mortars and cleaning solutions
Review /Comment and or Approve
14.
Copies of Change Orders, if necessary
Review /Comment and or Approve
15.
Two (2) copies of final Maintenance Plan
Review /Cotument and or Approve
16.
After photos of areas affected by Scope of Work
Review /Comment and or Approve
17.
Project Summary Report
Review /Comment and or Approve
11.ACom...1 \2008V081 @023 Hshlbit Gdoc
Page 2 of 2 pages
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STATE HISTORICAL FUND Attachment 2
PAYMENT REQUEST
Grant
Project Tide:
Date:
Project
Total amount Awarded: S Contract
As the authorized representative of the
Cnmt itecipient
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 (Initial one or both lines, as applicable)
An Interim Payment of no more than fifty percent (50 0 /6) 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 as required by contract, Exhibit C, and the required documentation or
certification of expenditures (payment will NOT be considered without a financial report).
EASEMENT FEE PAYMENT REQUEST (Initial one or both lines, as applicable)
Enclosed is an Invoice for the Easement Negotiation fee. I further state that we will negotiate in good faith and make
every effort to fully execute an easement with the property owner.
AND /OR
Enclosed is an Invoice for the Easement fee. I further state that the easement has been fully executed, recorded, and
submitted to the State Historical Fund.
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
DO NOT WRITE IN THIS ARE
Approved for Payment
H: \Manuals \Contracts Manuals \Attachments \SHY Pay Request An 2 -Rev 1L2W7.doc
Rev 9 /2007