HomeMy WebLinkAbout6996RESOLUTION NO. 6996
A RESOLUTION APPROVING THREE APPLICATIONS
AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO SIGN AND FILE APPLICATIONS
FOR STATE HISTORICAL FUND MONIES
WHEREAS, it is a goal of the Pueblo Regional Comprehensive
Development Plan to preserve the Archaeological, Architectural,
Historical, and Natural Resources which contribute to the character,
individuality, and cultural heritage of Pueblo; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
cPrTrnnI 1
Three applications, as listed below,
Colorado State Historical Society for State
substantially the same form and content as that
of the City Clerk are hereby approved. The
Council is hereby authorized to execute each of
behalf of the City.
Survey and Planning Funding:
by the City to the
Historical monies, in
on file in the office
President of the City
these applications on
Pueblo Mountain Park - National Register District
Nomination - $2,500
Survey and Planning Funding:
Mineral Palace Park - National Register District
Nomination - $2,500
Survey and Planning Funding:
El Pueblo - Nomination - $61,000
ATTEST:
Au� j - 61
City Clerk
INTRODUCED AUGUST 24, 1992
BY MICHAEL OCC, HIATO
Councilperson
APPROVED BY:
A_ ;dl
Pre ident of the Council
COLORADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver, Colorado 80203 -2137
April 22, 1993
James F. Munch, Director of Planning
City of Pueblo
211 E. "D" Street, P.O. Box 1427
Pueblo, Co 81002 -1427
RE: Project #93 -01 -80
Pueblo Mountain Park Historic District Registration
Dear Mr. Munch:
Enclosed is a fully executed copy of Contract #930180 for the above State Historical
Fund grant award. Please retain in your files. Your first two products, an "OAHP
Consultation ", and a "Copy of initial news release" are due April 20, 1993. Please
contact Joseph Bell at (303) 866 -3035 if you have any questions regarding these products.
I'm looking forward to working with you towards a successful project during the contract
period. If you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Gloria J. uniz
Grants Ad ' istrator
(303) 866 -4
A P Hi 2 3 1993
Form 6- AC- 02A(R5/91)
Department or Agency name
C6 0 - 0 I ' s i S oCIF i r
Department or Agency number
G - CA
Routing Number
APPROVED WAIVER FORM
CONTRACT
ti-
THIS CONTRACT, Made this] day of AM i , by and between the State of Colorado for the use
and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver,
Colorado 80203, hereinafter referred to as the State and /or the Society, and the City of Pueblo, Department
of Planning and Development, 211 E. "D" Street, P.O. Box 1427, Pueblo, Colorado 81002 -1427, hereinafter
referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for encumbering and
subsequent payment of this Contract under Encumbrance Number 30/0 in Fund
Number 401 , Appropriation Account 401 and Organization FC ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to assist public and private applicants in the historic preservation and
restoration of historical sites and municipalities throughout the state; and
WHEREAS, pursuant to Article 12- 47.1 -1201 of the Colorado Revised Statues otherwise known as the
"Limited Gaming Act of 1991 ", provides for the annual distribution of monies from the State Historical
Fund created by Subsection (5) (b) (III) of said Section 9; and
WHEREAS, the Colorado Historical Society is the principal agency authorized by the state to administer
such funds for the purpose of providing historic preservation grants; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation
grant award; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Project Scope of Work,
Standards and Specifications, Products, Budget and Project Time and Payment Schedule, hereinafter
referred to as the 'Project" ,
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of the Pueblo Mountain Park
Historic District Registration (Project #93 -01 -80), in accordance with the Project Scope of Work
attached hereto as Exhibit A, including all applicable plans and specifications, which are hereby
made a part of this Contract by reference. If indicated below such plans and specifications
developed during the contract period shall become a part of this Contract and shall control the
project performance upon written approval thereof by the State in the form attached hereto as
Attachment 5.
Page 1 of 9 pages
a. Plans and specifications are (check one):
/ not required.
have been developed, are dated and are hereby made a part of this Contract.
are to be developed during the Contract period.
Initials /State Representative
Initials /Grant Recipient
2. Any modification of the implementation of this Project must receive prior written approval of the
State Historical Society, and be properly incorporated into this Contract by amendment in
accordance with the State's Fiscal Rules.
3. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and
produce the products described in accordance with the pertinent sections of the Secretary of the
Interior's Standards for Archaeology and Historic Preservation and, as applicable, the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating of Historic Buildings
for Development Projects, and the National Register Bulletin 16, Guidelines for Completing
National Register of Historic Places Forms, National Park Service, 1991, for a National Register
Form Preparation Project. Contractor shall perform any and all survey activities and products in
accordance with the Colorado Historical Society's Survey Manual and How to Complete Colorado
Cultural Resource Inventory Forts, Third Edition, 09/91 for any and all survey activities and
projects (copies of which are available through the Society).
4. REMEDIES: In addition to any other remedies at law or equity or specified elsewhere in this
Contract, the State shall have the right to withhold payment, declare all or part of the work
ineligible for reimbursement, or take other corrective action if the Contractor fails to perform
these activities in accordance with the Standards and the terms and conditions of this Contract.
5. CONTRACT PERIOD: The term of this Contract shall be from April 15, 1993 through April 30,
1994.
The Project Scope of 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 (SHF)
Administrator. The Project Scope of Work must be completed no later than thirty (30) days prior
to the Contract ending date.
6. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described
in Exhibit A and subject to the Project Time and Payment Schedule set forth in Exhibit B, the
State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed Two -
thousand five- hundred dollars ($2,500). Any and all Project costs in excess of this grant amount
are the responsibility of the Contractor.
Unless otherwise specified in Exhibit B, the State shall pay fifty- percent (50 %) of the grant
amount to the Contractor upon submission of the Interim Project Status Report and Interim
Financial Report. The remaining fifty- percent (50 %) of the grant amount shall be paid following
Contractor's submission of the Final Project Status Report, Final Financial Report and Final
Report. All payments are subject to satisfactory completion of milestones described in Exhibit B
and submission by Contractor of documented proof of expenditures with each financial report.
Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($2,500 and
Page 2 of 9 pages
under) shall receive a portion, as defined in Exhibit B, of their award upon proper execution of
this Contract. The remaining balance of the award shall be paid following Contractor's
submission of the Final Project Status Report, Final Financial Report and Final 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
permit prior expenditures in furtherance of the Project Scope of Work to be counted as part of
such matching funds. Any such previously expended funds allowed toward the match amount
shall be noted in Exhibit C.
7. ACCOUNTING: At all times from the effective date of this Contract until completion of this
Project, the Contractor shall maintain properly segregated books of State funds, matching funds,
and other funds associated with this Project. All receipts and expenditures associated with said
Project shall be documented in a detailed and specific manner, and shall accord with the Budget
set forth in Exhibit C. Contractor may adjust budgeted expenditure amounts up to ten percent
(10 %) within said Budget without approval of the State and document in the next financial report.
Adjustments of budget expenditure amounts in excess of ten percent (10 %) must be authorized
by the State in an amendment to this Contract properly executed and approved pursuant to the
State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in
Paragraph 6 above. Interest earned on funds advanced by the State shall be applied to eligible
project expenditures and documented in financial reports.
8. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and
audit Contractor's records, books, and accounts, including the right to hire an independent
Certified Public Accountant of the State's choosing and at the State's expense to do so. Such
discretionary audit may be called for at any time and for any reason from the effective date of
this Contract until three (3) years after the date final payment for this Project is received by the
Contractor provided that the audit is performed at a time convenient to the Contractor and
during regular business hours.
9. PARTIES RELATIONSHIP: The Contractor is a grantee and not an employee or agent of the
State. Contractor shall have no authority, express or implied, to bind the State to any agreements
or understandings without the express written consent of the State. The Contractor represents
that it has, or shall secure at its own expense all personnel by the Contractor under this Contract.
The Contractor is 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 his supervision.
10. REPRESENTATIVES: For the purpose of this contract, the individuals identified below are
hereby designated representatives of the respective parties. Either party may from time to time
designate in writing new or substitute representatives:
For the State: Gloria J. Muniz Grants Administrator
Name Title
For the Contractor: James F. Munch Director of Planning__
Name Title
11. NOTICES: All notices required to be given by the parties hereunder shall be given by certified
or registered mail to the individuals at the addresses set forth below. Either party may from time
to time designate in writing substitute addresses or persons to whom such notices shall be sent.
Page 3 of 9 pages
To the State: Gloria J. Muniz
Grants Administrator
Colorado Historical Society
1300 Broadway
Denver, Colorado 80203
To the Contractor: James F. Munch
Director of Planning
City of Pueblo
211 E. "D" Street, P.O. Box 1427
Pueblo, Colorado 81002 -1427
12. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance
of this contract that no qualified individual with a disability shall, by reason of such disability, be
excluded from participation in, or denied to 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.
13. REPORTS: The Contractor shall deliver to the State Project Status Reports (Attachment 1) and
Financial Reports (Attachment 2) documenting the progress of the Project, and the Final Report
(Attachment 3), as described in the Project Time and Payment Schedule (Exhibit B). The
Contractor further agrees that reports are to be completed on State provided forms (Attachments
1-4). Failure to meet the report deadlines may result in termination of the Contract.
14. MATCHING FUNDS: The 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 C. 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. The Contractor further agrees:
a. To the extent that this Project is funded from sources other than the State Historical Fund,
expenditures in furtherance of the Project shall be pro -rated among the funding sources in
accordance with their percentage of the total project budget; and
b. If the total funding set fourth in the Project Budget is not expended on completion of the
Project, the State shall be reimbursed its pro -rata share of the unexpended budget.
15. CONSULTANTS /SITE VISITS: The State shall have the right, but not the duty, to provide
assistance in any or all of the following manner:
a. Review any project planning documents and methods for conformity with the applicable
standards, manuals, and guidelines;
b. Make recommendations to project personnel concerning the selection of an architect or
other professional consultants; and /or
C. Make site visits as determined necessary by the State before, during and /or at the
conclusion of the Project to provide on -site technical advice and to monitor progress.
Any exercise of the State's rights under this Paragraph 15 shall not relieve the Contractor of any
of its Contract obligations.
16. LETTER OF AGREEMENT: If required, in the sole discretion of the state, the provisions
Page 4 of 9 pages
found in Exhibit D, State Historical Fund Letter of Agreement, which is attached hereto and
executed by the parties of this contract, are hereby incorporated in this Contract and made a part
hereof if indicated below:
a. Letter of Agreement Required: Yes 1/ No
Initials /State Representative
� Initials /Grant Recipient
17. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE: When issuing press releases,
official statements, or documents that describe the project funded by the State Historical Fund
grants program, and in all publications funded under this Contract, a credit line must be included
that reads: "This project is /was partially funded by a State Historical Fund grant award from the
Colorado Historical Society."
All Acquisition and Development projects must acknowledge state assistance by means of a
temporary but prominently displayed project sign that will be provided by the State.
18. HISTORIC REGISTER: If the Project affects a different property listed on the National
Register or State Register, the applicant will consult with the Colorado Historical Society's Office
of Archaeology and Historic Preservation, and also will act in accordance with the Secretary of
the Interior's Standards for Archaeology and Historical Preservation.
19. TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the Contractor shall
fail to fulfill in a timely and proper manner his 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
cause 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 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, the 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 is determined.
20. TERMINATION FOR CONVENIENCE OF 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 of the Contractor and specifying the effective
date thereof, at least twenty (20) days before the effective date of such termination. In that event,
all finished or unfinished documents and other materials paid for with State funds shall, at the
option of the State, become its property. If the Contract is terminated by the State as provided
herein, the Contractor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the Contractor
covered by this Contract, less payments of compensation previously made. Provided, however,
that if less than sixty percent (60 %) of the project covered by this Contract has been completed
upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the
above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed
Page 5 of 9 pages
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: The State may, at its discretion, require changes in the Project Scope of Work of the
Contract to be performed hereunder. However, this Contract is intended as the complete
integration of all understandings between the parties, at this time, and no prior or
contemporaneous addition, deletion, or other amendment hereto, including an increase or
decrease in the amount of monies to be paid to the Contractor, shall have any force or effect
whatsoever, unless embodied in a written contract amendment incorporating such changes
executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision,
changes in the project time may be agreed to by letter amendment of Exhibit B, but the Contract
Period may not be so extended.
22. CONFLICT OF INTEREST:
a. No employee of the Contractor shall perform or provide part -time services for
compensation, monetary or otherwise, to a consultant or consultant firm that has been
retained by the Contractor under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or responsibility in
connection with this Project on behalf of the Contractor shall have or acquire any personal
financial or economic interest, d or indirect, which will be materially affected by this
Contract, except to the extent that he may receive compensation for his performance
pursuant to this Contract.
C. A personal financial or economic interest includes, but is not limited to:
i) any business entity in which the person has a d or ind monetary interest;
ii) any real property in which the person has a direct or ind monetary interest;
iii) any source of income, loans, or gifts received by or promised to the person within
twelve (12) months prior to the execution date of this Contract;
iv) any business entity in which the person is a director, officer, general or limited
partner, trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or
interest owned by the spouse, parent, brother, sister, son, daughter, father -in -law, mother -in-
law, brother -in -law, sister -in -law, son -in -law, or daughter -in -law of the person by an agent
on his /her behalf by a general, limited, or silent partner of the person, by any business
entity controlled by said person, or by a trust in which he /she has substantial interest. A
business entity is controlled by a person if that person, his /her agent, or a relative as
defined above possesses more than fifty percent (50 %) of the ownership interest. Said
person has a substantial economic interest in a trust when the person or an above - defined
relative has a present or future interest worth more than one thousand dollars ($1,000.00).
d. In the event of a conflict of interest, as described in this Paragraph 22, cannot be avoided
without frustrating the purposes of this Contract, the person involved in such a conflict of
interest shall submit to the Contractor and the State a full disclosure statement setting forth
the details of such conflict of interest. In cases of extreme and unacceptable conflicts of
interest, as determined by the State, the State reserves the right to terminate the Contract
Page 6 of 9 pages
for cause, as provided in Paragraph 19 above. Failure to file a disclosure statement
required by this Paragraph 22 shall constitute grounds for termination of this Contract for
cause by the State.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this
Contract, the Contractor shall strictly adhere to all applicable federal and State laws that have
been or may hereafter be established.
24. SEVERABILITY: To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Contract, the terms of this
Contract are severable, and should any term or provision hereof be declared invalid or become
inoperative for any reason, such invalidity or failure shall not affect the validity of any other term
or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver
of any other term.
25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to
the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective
successors and assigns.
26. ASSIGNMENT: Neither party, nor any subcontractors hereto, may assign its rights or duties
under this Contract without the prior written consent of the other party.
27. MINORITY BUSINESS ENTERPRISE PARTICIPATION: It is the policy of the State of
Colorado that Minority Business Enterprises (MBE) and Women Business Enterprises (WBE)
shall have the maximum practicable opportunity to participate in the performance of its
construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy
to the fullest extent practicable and consistent with the efficient performance of the Contract. As
used in this Contract, the term "minority business enterprise" and /or "women business enterprise"
denotes a business, at least fifty percent (50 %) of which is owned by minority/women group
members or, in the case of publicly owed business, at least fifty-one percent (51 %) of the stock of
which is owned by minority/women group members. The Contractor may rely on written
representations by bidders, contractors, and subcontractors regarding their status as
minority/women enterprises and need not conduct an independent investigation.
28. 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.
29. SUBCONTRACTS: All subcontracts for performance of the Project shall be awarded through an
open and competitive selection process to qualified offerors meeting the Contractors
specifications. Copies of any and all contracts entered into by the Contractor in order to
accomplish this Project shall be submitted to the Society, upon execution, and any and all
contracts entered into by the Contractor or any of its subcontractors shall comply with all
applicable Federal and Colorado State laws and shall be governed by the laws of the State of
Colorado notwithstanding provisions therein to the contrary.
11 /a:93- 01- 80.ctr
Page 7 of 9 pages
Form 6 -AC -02a
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL,
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available.
BOND REQUIREMENT
3. If this contract involved 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 works for this State, the contractor shall, before entering the performance of any such work included in this contract,
duly execute and deliver to and file with the official whose signature appears below for the State, 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 execute by a qualified corporate
surety, conditioned for the due and 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, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done, 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, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or
paid. A certified or cashier's check or a bank money order payable to the Treasurer of.the State of Colorado may be accepted in lieu of a bond. This provision is in
compliance with 38 -26 -106 CRS, as amended.
INDEMNIFICATION
4. 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 attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors,
or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (24 -34 -402. CRS 1988 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative
Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,
ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. the contractor agrees to post in conspicuous places, available to employees and applicants for employment.
2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other contract or understanding,
notice to be provided by the contracting officer, advertising the labor union or workers' representative of the contractor's commitment under the Executive Order,
Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organizations, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of handicap, race, creed,
color, sex, age, national origin, or ancestry. ( 24 -34-402 (1) (c) )
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct any person from complying with the provisions of this contract or any order issued thereunder, or attempt either directly or indirectly, to
commit any act defined in this contract to be discriminatory. ( 24 -34 --402 (1) (e) )
Page 8 of 9 pages
Revised 5/91
395 -53-01 -1022
Perm 6- AC -02C
(7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contractoror with any of such rules, regulations, or orders, this contract
may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,
a6thorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith,
and such others sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975 or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph (1) through (8) in every sub - contract, subcontractor and purchase order, pursuant to Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for
non - compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result
of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a
state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise
be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8 -19 -102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract.
Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise
in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or
otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is
capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have
been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS
1986 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
�j STATE OF COLORADO
(Full Legal Name) Q�'L�� RO I Y,R4=
FA Y yKASTELIC R /
Position(Title) PRESIDENT, PUEBLO CITY COUNCIL
84- 6000615
Social Security Number or Federal I.D. Number
(If Corporation:)
Attest (Seal)
By
orporation Secretary, Fyuivalent, Town /Cit County /Clerk
ATTORNEY GENERAL
By
DEP
OF
R
APPROVALS
CONT LLE
By
395 -53 -01 -1030 (Revised 5/91) Page 9 which is the last of 9 pages
*See instructions on reverse side.
Grant Recipient Name: City of Pueblo EXHIBIT A
Project Title: Pueblo Mountain Park
Historic District Nomination
Project Number: 93 -01 -80
PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATION
I. Project Purpose:
The purpose of the project is to prepare and submit to the State
Preservation Office the nomination of the Pueblo Mountain Park in
Beulah, Colorado, to the National Register of Historic Places. A
second purpose is to heighten the public's awareness of the
property and its significance through media publication upon
listing.
II. Specification of Work:
A. Media news release upon signing of contract to solicit
information from public.
B. Research: April 15, 1992 - September 31, 1992.
1. Archival and Primary Source.
2. Site Survey and Photographs.
C.:Submittal and Hearing before the State Review Board:
January 1, 1993 - March 31, 1993.
D. Media Publication: Upon Listing.
This schedule may vary depending upon the deadline for submittal
for hearing before the State Review Board but in no case would
extend beyond one year.
III. Products
A. The following products will be delivered to the Society:
1. OAHP Consultation
2. Copy of initial news release
3. Draft nomination
4. Nomination of Pueblo Mountain Park to the National Register of
Historic Places.
5. Copy of media news release, upon listing.
Page 1 of 1
City of Pueblo Exhibit B
Pueblo Mountain Park Historic District Nomination
Project #93 -01 -80
PROJECT TIME AND PAYMENT SCHEDULE
COMPLETION SOCIETY
PRODUCTS DATE RESPONSE
1. NA
NA
Advance
Payment $2,000
2. OAHP Consultation
4/20/93
Review /consult
3. Copy of initial
4/20/93
Review
news release
4. Draft of nomination
10/15/93
Review & approve
5. Nomination
12/1/93
Review & approve
6. Copy of media
upon listing
Review
publication
7. Final Project
3/31/94
Review & approve
Status Report
Final Financial Report
8. Final Report
3/31/94
Review & approve
Payment $500
7/a:9301 -80.38
Page 1 of 1 page
City of Pueblo
Grant Recipient
Pueblo Mountain Park
Project Title
93 -01 -80
Project Number
1. Personnel
Project Director
Researcher
Secretarial/
Graphic Support
2. Contracts
3. Supplies
Copier, Film De
Postage, Telephone, Fax,
Off Supplies:
TOTAL. $ 250
4. Equipment
PROJECT BUDGET
Match Grant
Cash In -kind Request
$ 160
$2,500
$1,340
EXHIBIT C
Project
Total
$2,500
$1,340
$ 250
Pagel of 2 pages
City of Pueblo
Grant Recipient
Pueblo Mountain Park
Project Title
93 -01 -80
Project Number
5. Travel
Mileage
PROJECT BUDGET
Match Grant
Cash In -kind Request
$ 200
EXHIBIT C cont.
Project
Total
$ 200
6. Other Expenses
Interlibrary Loans
Research /Bibliograp $ 50
& Overage
$ 50
TOTALS $2,000_
$2,500 $4,500
Columns must correctly total both across columns and down rows.
Page 2 of? pages
STATE HISTORICAL FUND PROTECT STATUS REPORT
GRANT RECIPIENT:
Project Title:
Please check one and complete time period covered
Interim Project Status report covering period of
Final Project Status report covering period of
to
to
Print or type legibly. Complete each section, if not applicable answer NA.
COLUMN A. List all project products /deliverables in the same numerical order as in Exhibit B,
Project Time and Payment Schedule of your contract.
COLUMN B. Indicate the completion date for that particular product per the Project Time and
Payment Schedule.
COLUMN C. Indicate with a yes /no whether or not that particular product is being submitted
at this time or what numerical amount of the product is being submitted.
COLUMN D. Indicate the cumulative actual or percentage ( %) of product completed.
A. List products
B. Completion
Date
C. Submitted
this period
D. Cumulative
actual or %
completed
1.
Z.
3.
4.
5.
6.
I hereby certify that all of the products produced are in accordance with the Secretary of the
Interior's Standards for Archaeology and Historic Preservation and that the survey activities
performed are in accordance with the CHS Survey Manual and How To Complete Colorado
Cultural Resource Inventory Forms, Third Edition 9191.
Grant Recipient
Date:
Attachment 1
Project Number:
Date
Reviewed/ Signature SHF Administration Date
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Attachment 3
STATE HISTORICAL FUND FINAL PROJECT REPORT
GRANT RECIPIENT:
Project Title:
Date:
Project Number:
Describe the work completed during the project time period in the space provided below. The
description should compare planned work, schedules, expenditures, etc. with actual project work
completed. If additional space is necessary please confine yourself to one additional sheet only.
If additional materials (brochures, photographs, maps, etc.) have been requested by SHF staff
or if such materials would further clarify or supplement the written description of the project
work, they should be placed in an attached envelope. Be sure to clearly label all additional
pages and materials with the Grant Recipient name, Project Title and Project Number.
I certify that all figures, facts and information contained in this report are true and correct.
Grant Recipient Date
Reviewed /Signature SHF Administration Date
!i l II 1,;I_....
Attachment 4
STATE HISTORICAL FUND REIMBURSEMENT REQUEST FORM
GRANT RECIPIENT: Date:
Project Title:
Date:
I hereby certify that all the figures, facts and information contained in this request are true
and correct, and that all bills and invoices included in this reimbursement request have been
paid.
Grant Recipient /Project Director
Date
Authorized Official (if applicable) Date
Documentation for all items listed MUST be attached (receipts, canceled check copies, etc.).
Please number receipts, etc. to match line item. You may make additional copies of this form
as needed.
ITEM /EXPENSE
COST
AMOUNT TO BE
REIMBURSED
MATCHING
AMOUNT
1)
2)
3)
4)
5)
6)
7)
8)
TOTAL
t)o_ - NOT write in this ni
.APPR( V1.1l) FOR PfAYM1 NT
GGA
--•--• ..........................--............................... --............................ ):.its...._....- - -.._.
li SFIFA ......................_................. ..... ................. .............
i
......... _... .
Project Number:
Conaillents:
Aniount ......._.. ...- - -- Date - - -- ��
3 /a:EXHATTCH.gg
COIOItADO
HI STORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver, Colorado 80203 -2137
April 22, 1993
James F. Munch, Director
City of Pueblo
211 "D" Street, P.O. Box 1427
Pueblo, Co 81002 -1427
RE: Project #93 -01 -81
El Pueblo Survey and Planning
Dear Mr. Munch:
Enclosed is a fully executed copy of Contract #930181 for the above State Historical
Fund grant award. Please retain in your files. Your first two products, a ", Photo
in in re port " and a "Remo sensin report ", are due July 1, 1993. Please
contact Joseph Bell at (303) 866-3035 if you have any questions regarding this product.
I'm looking forward to working with you towards a successful project during the contract
period. If you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Glom' J. Muniz
Grants Administrator
(303) 86"6 4609
xc: J�41 Bell
A P 199;
I 6- AC- 02A(R5/91)
Department or Agency name
C ' L-o - /JISiC - iC /7L .smf,iI-
Department or Agency number
GCq
Routing Number
APPROVED WAIVER FORM
CONTRACT
ti
THIS CONTRACT, Made this day of Ape /c- , by and between the State of Colorado for the use
and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver,
Colorado 80203, hereinafter referred to as the State and /or the Society, and the City of Pueblo, 1 City Hall
Place, Pueblo, Colorado 81003, hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for encumbering and
subsequent payment of this Contract under Encumbrance Numbe 30/ i/ in Fund
Number 401 , Appropriation Account 401 and Organizatio and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to assist public and private applicants in the historic preservation and
restoration of historical sites and municipalities throughout the state; and
WHEREAS, pursuant to Article 12- 47.1 -1201 of the Colorado Revised Statues otherwise known as the
"Limited Gaming Act of 1991 ", provides for the annual distribution of monies from the State Historical
Fund created by Subsection (5) (b) (III) of said Section 9; and
WHEREAS, the Colorado Historical Society is the principal agency authorized by the state to administer
such funds for the purpose of providing historic preservation grants; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation
grant award; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Project Scope of Work,
Standards and Specifications, Products, Budget and Project Time and Payment Schedule, hereinafter
referred to as the 'Project" ,
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of the El Pueblo Survey and
Planning (Project #93 -01 -81), in accordance with the Project Scope of Work attached hereto as
Exhibit A, including all applicable plans and specifications, which are hereby made a part of this
Contract by reference. If indicated below such plans and specifications developed during the
contract period shall become a part of this Contract and shall control the project performance
upon written approval thereof by the State in the form attached hereto as Attachment 5.
Page 1 of 9 pages
Plans and specifications are (check one):
not required.
have been developed, are dated and are hereby made a part of this Contract.
are to be developed during the Contract period.
r
Initials /State Representative
Initials /Grant Recipient
2. Any modification of the implementation of this Project must receive prior written approval of the
State Historical Society, and be properly incorporated into this Contract by amendment in
accordance with the State's Fiscal Rules.
3. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and
produce the products described in accordance with the pertinent sections of the Secretary of the
Interior's Standards for Archaeology and Historic Preservation and, as applicable, the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating of Historic Buildings
for Development Projects, and the National Register Bulletin 16, Guidelines for Completing
National Register of Historic Places Forts, National Park Service, 1991, for a National Register
Form Preparation Project. Contractor shall perform any and all survey activities and products in
accordance with the Colorado Historical Society's Survey Manual and How to Complete Colorado
Cultural Resource Inventory Forms, Third Edition, 09/91 for any and all survey activities and
projects (copies of which are available through the Society).
4. REMEDIES: In addition to any other remedies at law or equity or specified elsewhere in this
Contract, the State shall have the right to withhold payment, declare all or part of the work
ineligible for reimbursement, or take other corrective action if the Contractor fails to perform
these activities in accordance with the Standards and the terms and conditions of this Contract.
5. CONTRACT PERIOD: The term of this Contract shall be from May 1, 1993 through June 1,
1994.
The Project Scope of 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 (SHF)
Administrator. The Project Scope of Work must be completed no later than thirty (30) days prior
to the Contract ending date.
6. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described
in Exhibit A and subject to the Project Hme and Payment Schedule set forth in Exhibit B, the
State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed
Forty -five thousand dollars ($45,000). Any and all Project costs in excess of this grant amount
are the responsibility of the Contractor.
Unless otherwise specified in Exhibit B, the State shall pay fifty- percent (50 %) of the grant
amount to the Contractor upon submission of the Interim Project Status Report and Interim
Financial Report. The remaining fifty- percent (50 %) of the grant amount shall be paid following
Contractor's submission of the Final Project Status Report, Final Financial Report and Final
Report. All payments are subject to satisfactory completion of milestones described in Exhibit B
and submission by Contractor of documented proof of expenditures with each financial report.
Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($2,500 and
Page 2 of 9 pages
under) shall i eceive a portion, as defined in Exhibit B, of their award upon proper execution of
this Contract. The remaining balance of the award shall be paid tullowing Contractor's
submission of the Final Project Status Report, Final Financial Report and Final 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
permit prior expenditures in furtherance of the Project Scope of Work to be counted as part of
such matching funds. Any such previously expended funds allowed toward the match amount
shall be noted in Exhibit C.
7. ACCOUNTING: At all times from the effective date of this Contract until completion of this
Project, the Contractor shall maintain properly segregated books of State funds, matching funds,
and other funds associated with this Project. All receipts and expenditures associated with said
Project shall be documented in a detailed and specific manner, and shall accord with the Budget
set forth in Exhibit C. Contractor may adjust budgeted expenditure amounts up to ten percent
(10 %) within said Budget without approval of the State and document in the next financial report.
Adjustments of budget expenditure amounts in excess of ten percent (10 %) must be authorized
by the State in an amendment to this Contract properly executed and approved pursuant to the
State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in
Paragraph 6 above. Interest earned on funds advanced by the State shall be applied to eligible
project expenditures and documented in fmancial reports.
8. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and
audit Contractor's records, books, and accounts, including the right to hire an independent
Certified Public Accountant of the State's choosing and at the State's expense to do so. Such
discretionary audit may be called for at any time and for any reason from the effective date of
this Contract until three (3) years after the date fmal payment for this Project is received by the
Contractor provided that the audit is performed at a time convenient to the Contractor and
during regular business hours.
9. PARTIES RELATIONSHIP: The Contractor is a grantee and not an employee or agent of the
State. Contractor shall have no authority, express or implied, to bind the State to any agreements
or understandings without the express written consent of the State. The Contractor represents
that it has, or shall secure at its own expense all personnel by the Contractor under this Contract.
The Contractor is 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 his supervision.
10. REPRESENTATIVES: For the purpose of this contract, the individuals identified below are
hereby designated representatives of the respective parties. Either party may from time to time
designate in writing new or substitute representatives:
For the State: Gloria J. Muniz Grants Administrator
Name Title
For the Contractor: James Munch Director of Planning
Name Title
11. NOTICES: All notices required to be given by the parties hereunder shall be given by certified
or registered mail to the individuals at the addresses set forth below. Either party may from time
to time designate in writing substitute addresses or persons to whom such notices shall be sent.
Page 3 of 9 pages
WTI
To the State: Gloria J. Muniz
Grants Administrator
Colorado Historical Society
1300 Broadway
Denver, Colorado 80203
To the Contractor: James F. Munch
Director of Planning
City of Pueblo
211 "D" Street
P.O. Box 1427
Pueblo, Colorado 81002 -1427
12. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance
of this contract that no qualified individual with a disability shall, by reason of such disability, be
excluded from participation in, or denied to 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.
13. REPORTS: The Contractor shall deliver to the State Project Status Reports (Attachment 1) and
Financial Reports (Attachment 2) documenting the progress of the Project, and the Final Report
(Attachment 3), as described in the Project lime and Payment Schedule (Exhibit B). The
Contractor further agrees that reports are to be completed on State provided forms (Attachments
1 -4). Failure to meet the report deadlines may result in termination of the Contract.
14. MATCHING FUNDS: The 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 C. 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. The Contractor further agrees:
a. To the extent that this Project is funded from sources other than the State Historical Fund,
expenditures in furtherance of the Project shall be pro -rated among the funding sources in
accordance with their percentage of the total project budget; and
b. If the total funding set fourth in the Project Budget is not expended on completion of the
Project, the State shall be reimbursed its pro -rata share of the unexpended budget.
15. CONSULTANTS /SITE VISITS: The State shall have the right, but not the duty, to provide
assistance in any or all of the following manner:
a. Review any project planning documents and methods for conformity with the applicable
standards, manuals, and guidelines;
b. Make recommendations to project personnel concerning the selection of an architect or
other professional consultants; and /or
C. Make site visits as determined necessary by the State before, during and /or at the
conclusion of the Project to provide on -site technical advice and to monitor progress.
Any exercise of the State's rights under this Paragraph 15 shall not relieve the Contractor of any
of its Contract obligations.
Page 4 of 9 pages
16. LETTER OF AGREEMENT: If required, in the sole discretion of the state, the provisions
found in Exhibit D, State Historical Fund Letter of Agreement, which is attached hereto and
executed by the parties of this contract, are hereby incorporated in this Contract and made a part
hereof if indicated below:
a. Letter of Agreement Required: Yes No
Initials /State Representative
Initials /Grant Recipient
17. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE: When issuing press releases,
official statements, or documents that describe the project funded by the State Historical Fund
grants program, and in all publications funded under this Contract, a credit line must be included
that reads: "This project is /was partially funded by a State Historical Fund grant award from the
Colorado Historical Society."
All Acquisition and Development projects must acknowledge state assistance by means of a
temporary but prominently displayed project sign that will be provided by the State.
18. HISTORIC REGISTER: If the Project affects a different property listed on the National
Register or State Register, the applicant will consult with the Colorado Historical Society's Office
of Archaeology and Historic Preservation, and also will act in accordance with the Secretary of
the Interior's Standards for Archaeology and Historical Preservation.
19. TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the Contractor shall
fail to fulfill in a timely and proper manner his 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
cause 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 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, the 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 is determined.
20. TERMINATION FOR CONVENIENCE OF 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 of the Contractor and specifying the effective
date thereof, at least twenty (20) days before the effective date of such termination. In that event,
all finished or unfinished documents and other materials paid for with State funds shall, at the
option of the State, become its property. If the Contract is terminated by the State as provided
herein, the Contractor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the Contractor
covered by this Contract, less payments of compensation previously made. Provided, however,
that if less than sixty percent (60 %) of the project covered by this Contract has been completed
upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the
Page 5 of 9 pages
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: The State may, at its discretion, require changes in the Project Scope of Work of the
Contract to be performed hereunder. However, this Contract is intended as the complete
integration of all understandings between the parties, at this time, and no prior or
contemporaneous addition, deletion, or other amendment hereto, including an increase or
decrease in the amount of monies to be paid to the Contractor, shall have any force or effect
whatsoever, unless embodied in a written contract amendment incorporating such changes
executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision,
changes in the project time may be agreed to by letter amendment of Exhibit B, but the Contract
Period may not be so extended.
22. CONFLICT OF INTEREST:
a. No employee of the Contractor shall perform or provide part -time services for
compensation, monetary or otherwise, to a consultant or consultant firm that has been
retained by the Contractor under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or responsibility in
connection with this Project on behalf of the Contractor shall have or acquire any personal
fmancial or economic interest, d or ind which will be materially affected by this
Contract, except to the extent that he may receive compensation for his performance
pursuant to this Contract.
C. A personal financial or economic interest includes, but is not limited to:
i) any business entity in which the person has a direct or indirect monetary interest;
ii) any real property in which the person has a direct or indirect monetary interest;
iii) any source of income, loans, or gifts received by or promised to the person within
twelve (12) months prior to the execution date of this Contract;
iv) any business entity in which the person is a director, officer, general or limited
partner, trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or
interest owned by the spouse, parent, brother, sister, son, daughter, father -in -law, mother -in-
law, brother -in -law, sister -in -law, son -in -law, or daughter -in -law of the person by an agent
on his /her behalf by a general, limited, or silent partner of the person, by any business
entity controlled by said person, or by a trust in which he /she has substantial interest. A
business entity is controlled by a person if that person, his /her agent, or a relative as
defined above possesses more than fifty percent (50 %) of the ownership interest. Said
person has a substantial economic interest in a trust when the person or an above - defined
relative has a present or future interest worth more than one thousand dollars ($1,000.00).
d. In the event of a conflict bf interest, as described in this Paragraph 22, cannot be avoided
without frustrating the purposes of this Contract, the person involved in such a conflict of
interest shall submit to the Contractor and the State a full disclosure statement setting forth
the details of such conflict of interest. In cases of extreme and unacceptable conflicts of
Page 6 of 9 pages
USE
interest, as determined by the State, the State reserves the right to terminate the Contract
for cause, as provided in Paragraph 19 above. Failure to file a disclosure statement
required by this Paragraph 22 shall constitute grounds for termination of this Contract for
cause by the State.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this
Contract, the Contractor shall strictly adhere to all applicable federal and State laws that have
been or may hereafter be established.
24. SEVERABILITY: To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Contract, the terms of this
Contract are severable, and should any term or provision hereof be declared invalid or become
inoperative for any reason, such invalidity or failure shall not affect the validity of any other term
or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver
of any other term.
25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to
the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective
successors and assigns.
26. ASSIGNMENT: Neither party, nor any subcontractors hereto, may assign its rights or duties
under this Contract without the prior written consent of the other party.
27. MINORITY BUSINESS ENTERPRISE PARTICIPATION: It is the policy of the State of
Colorado that Minority Business Enterprises (MBE) and Women Business Enterprises (WBE)
shall have the maximum practicable opportunity to participate in the performance of its
construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy
to the fullest extent practicable and consistent with the efficient performance of the Contract. As
used in this Contract, the term' "minority business enterprise" and /or "women business enterprise"
denotes a business, at least fifty percent (50 %) of which is owned by minority /women group
members or, in the case of publicly owed business, at least fifty -one percent (51 %) of the stock of
which is owned by minority/women group members. The Contractor may rely on written
representations by bidders, contractors, and subcontractors regarding their status as
minority/women enterprises and need not conduct an independent investigation.
28. 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.
29. SUBCONTRACTS: All subcontracts for performance of the Project shall be awarded through an
open and competitive selection process to qualified offerors meeting the Contractors
specifications. Copies of any and all contracts entered into by the Contractor in order to
accomplish this Project shall be submitted to the Society, upon execution, and any and all
contracts entered into by the Contractor or any of its subcontractors shall comply with all
applicable Federal and Colorado State laws and shall be governed by the laws of the State of
Colorado notwithstanding provisions therein to the contrary.
8/a:93-01- 81.ctr
Page 7 of 9 pages
ray 6- AC -02n
SPECIAL PROM ISIONS
CONTROLLER'S APPROVAL
L This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant a, he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available.
BOND REQUIREMENT
3. If this contract involved 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 works for this State, the contractor shall, before entering the performance of any such work included in this contract,
duly execute and deliver to and file with the official whose signature appears below for the State, 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 execute by a qualified corporate
surety, conditioned for the due and 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, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done, 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, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or
paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in
compliance with 38 -26 -106 CRS, as amended.
INDEMNIFICATION
4. 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 attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors,
or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (24- 34 -402. CRS 1988 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative
Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,
ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. the contractor agrees to post in conspicuous places, available to employees and applicants for employment.
2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other contract or understanding,
notice to be provided by the contracting officer, advertising the labor union or workers' representative of the contractor's commitment under the Executive Order,
Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Govemor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organizations, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of handicap, race, creed,
color, sex, age, national origin, or ancestry. ( 24- 34-402 (1) (c) )
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct any person from complying with the provisions of this contract or any order issued thereunder, or attempt either directly or indirectly, to
commit any act defined in this contract to be discriminatory. ( 24 -34 -402 (1) (e) )
Revised 5/91
395 -53 -01 -1022 Paqe 8 of 9 naqes
Form S- AC -02C
(7) In the event of the contractor's non - compliance with the non - discrimination clau of thi� contractor or with any of such rules, regulations, orordcrs, this contract
may be cancelled, teiminat:d or suspended in whole or in part and the contractor ma} he declared inc :wible for further State contract; in accordance with procedures,
authorized in Executive Or,�er- Equal Opportunity and Affirmati c Action of April 16. 1975 and the rt,,es, regulations, or orders promulgated in accordance therewith,
and such others sanction; as may be imposed and remedies as ,nay be invoked as provided in Execttive Order, Equal Opportunity and Affirmative Action of April 16.
1975 or by rules, regulation;, or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph ( I ) through (8) in every sub - contract, subcontractor and purchase order, pursuant to Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any sub- contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for
non - compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result
of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a
state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the
officer responsible forawarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise
be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8 -19 -102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract.
Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra- judicial body or person or which is otherwise
in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or
otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is
capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have
been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS
1986 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
•
(Full Legal Name)
Fay B. astelic
Position(Title) President, Pueblo City Council
84- 6000615
STATE OF COLORADO
R ER, GOVE OR
y
E CUTIVE IRECTOR�
DEPARTMEMM`�
OF
Social Security Number or Federal I.D. Number
(If Corporation:)
Attest (Seal)
B
Corporation secretary, or Equivalent, Town /Ci County /Clerk
ATTORN GENERAL
By
(t s Are nu -KX,7 _ L a m
APPROVALS aor
CONTROI
A
By
395 -53 -01 -1030 (Revised 5/91) Page 9 which is the last or 9 pages
*See instructions on reverse side.
EXHIBI1 A
City of Pueblo
E1 Pueblo Survey and Planning
Project No. 93 -01 -81
PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATIONS
I. Project Purpose
The E1 Pueblo Project has discovered tangible evidences of E1
Pueblo, an approximately 1842 -1854 settlement and namesake for the
modern City. The site was abandoned in 1854, after the deaths of
almost all the inhabitants, and was buried by the 1880s growth of
the modern City of Pueblo, and its location was lost for over 100
years. The importance of El Pueblo to our heritage stimulated a
1979 nomination to the National Register of Historic Places which
was unsuccessful because, at that time, the settlement was believed
to have been completely destroyed. Multi- disciplinary research
since 1989 by the University of Southern Colorado succeeded in
identifying tangible buried remains, including four walls. It is
not yet known how much of E1 Pueblo survived, what part of the site
has been discovered, and answers to similar questions. The Project
seeks ways to resolve questions such as where, what, when, why, how
big, and other unknowns about the site.
Resolutions of some questions about the site can be through computer
interpretations of an 1873 photograph showing the site, which can
produce predictions of locations, identifications, dimensions, and
orientations of E1 Pueblo and related phenomena. Subsurface remote
sensing will also aid in answering some of the questions and can be
used to test for presences of phenomena interpreted from the
photograph and to produce predictions of distributions of other
subsurface phenomena. Core samples and test pit excavations will
test the identities and locations of phenomena predicted from the
photointerpretation and subsurface sensing.
II. Specification of Work
Photointerpretation, subsurface remote sensing, archaeological
testing, and development of a plan for future work will be the foci
of the Project. These will attempt to identify and locate remains
of El Pueblo and evidences of impacts which could have destroyed E1
Pueblo evidences.
The 1873 photograph is oblique and two - dimensional and shows what
are believed to be ruins of E1 Pueblo in a middle ground between
other structures of the City. The initial research will focus on
verifying the locations of the other structures in the photograph so
that computer aided manipulations can predict the horizontal and
vertical locations of the structures and their relationships to the
ruins of E1 Pueblo. The product of the computer aided manipulations
will be a three - dimensional image of the E1 Pueblo ruins located in
their proper orientation and location on contemporary maps of the
City. The walls exposed from the excavations to date can be
compared with compass bearings, dimensions and other attributes of
walls identified in the computerized model of the site, and
"matches" can be predicted. The matches will permit us to predict
the relationships of the walls exposed archaeologically to the whole
site. Other phenomena in the photograph can also be located, such
as the accurate 1873 location of the Arkansas River channel and
other drainages visible in the photograph.
Page 1 of 3 Pages
EXHIBIT A (Cont.)
Subsurface remote sensing will attempt to identify and locate
subsurface features which could be parts of El Pueblo, features of
later impacts, and former topographic features, such as river
channels. The remote sensing will be conducted from the present day
ground surfaces of the site, which are paved streets, parking lots,
and similar surfaces. The features predicted from the sensing can
then be compared with predictions of locations of E1 Pueblo features
from the photo interpret at ion and with post -E1 Pueblo features
identified from plats and other archival information.
Core sampling and test pit excavations will test the identities of
deposits and features predicted from the subsurface remote sensing
and from the photo interpret at ion. It is predicted that many
anomalies will be found which are not related to E1 Pueblo, later
structures, or to former topographic features. Such anomalies can
be consequences of the many floods of the area and related erosions
and fills, unrecorded buildings, and from many other sources.
Artifacts and other remains will be inventoried in the field to
determine the relationships of deposits and features, but will not
be subjected to in -depth laboratory analyses.
Knowledge acquired from the research will be synthesized into an
overall plan for site development, and also into recommendations
concerning nominations to State and /or National Registers of
Historic Places. The project will be performed in twelve months
from April, 1993 through April, 1994.
III. Products
A. The following products will be delivered to the Society: The
research will aid in determining the former and present limits and
distributions of parts of the site of E1 Pueblo, of post -El Pueblo
impacts which destroyed parts of the site, and relationships of
other subsurface phenomena in the site area. The conclusions will
aid in planning and development of the E1 Pueblo Plaza, a City
center cultural complex, and of the site of E1 Pueblo.
1. Report of the interpretation of the 1873 photograph of downtown
Pueblo and the attempt to construct a three dimensional
photointerpretation predictive model of the site of E1 Pueblo and
its location, and also of other phenomena in the site area visible
in the photograph.
2. Report of remote sub - surface sensing in the area of the site to
identify locations of phenomena which may be presences of E1 Pueblo -
related remains or may be post -E1 Pueblo impacts which may have
destroyed E1 Pueblo- related remains.
3. Report describing the testing of predictions by subsurface
sampling strategies and excavations. The tests will be of both the
horizontal locations and depths of E1 Pueblo- related remains and of
post -E1 Pueblo impacts and other remains. Tests of the predictions
will also be through through analysis of materials and data
recovered and productions of maps and profiles identifying the
distributions of phenomena discovered. This will be "streamlined"
analysis with the primary purpose being predictions of
chronological, spatial, cultural, and functional affiliations of the
materials and data recovered relative to answering questions about
E1 Pueblo, and not "in depth" analysis relative to other questions.
4. Project Status Report and Financial Report.
5. Brief Project Narrative.
6. Project Status Report and Financial Report
Page 2 of 3 Pages
7. Final Report. This will include a synthesis of the knowledge
acquired into a plan for predicting the probable overall
distributions of surviving evidences of E1 Pueblo remains and of
areas where the evidences have probably not survived. The report
will also include recommendations for or against nominations to the
State and /or National Registers of Historic Places for the site of
E1 Pueblo. The nominations, if applicable, will be made by the City
of Pueblo.
Page 3 of 3 Pages
EXHIBIT B
City of Pueblo
E1 Pueblo Survey and Planning
Project No. 93 -01 -81
PROJECT TIME AND PAYMENT SCHEDULE
PRODUCTS COMPLETION DATE SOCIETY RESPONSE /PAYMENT
1. Photo interpretation 7/1/93
report
2. Remote sensing report 7/1/93
3. Excavation report 10/1/93
4. Interim status report 10/1/93
and financial report
S. Brief project narrative 10/1/93
6. Project status report 4/1/94
and financial report
7. Final report 4/1/94
Review and approve
Review and
Review and
Review and appro
payment
Review and
Review and
approve
approve
ve $22,500
approve
approve
Review and approve $22,500
final payment
Page 1 of Exhibit B
pity of Pueblo
Grant Recipient
El Pueblo Survey and Planning
Project Title
93 -01 -81
Project Number
PROJECT BUDGET
Match
1. Personnel Cash In -kind
Project
Grants
Volunteers /Consultan
2. Contracts
Project
3. Supplies
Project
4. Equipment
Project
$8,000
$10,000
EXHIEIZ
Grant Project
Request Total
$ 36,065 X36,065
8,000
10,000
4,000 4,000
1 11000
3,185 3,185
Consultants 10,000 10,000
City of Pueblo 10,000 10,000
Page 1 of 2 pages
See page 2 for explanations of notations.
City of Pueblo
Grant Recipient
El Pueblo Survey and Planning
Project Title
93 -01 -81
Project Number
5. Travel
Pr oject
6. Other Expenses
TOTALS
EXHIBIT C Cont.
PROJECT BUDGET
Match
Cash In -kind
$8,000 $30,000
Grant Project
Request Total
$750 $750
$45,000 $83,000
Columns must correctly total both across columns and down rows.
Page 2 of 2 pages
#1
- Funds available
as of 1/1/93 from Boettcher and Packard Foundation
Grants
administered by
the University of Southern Colorado Foundation,
#2
- Estimated values
of voluntary laborers and consultants from EBASCO
and other
sources. Exact
values cannot be determined because the magnitudes
of the efforts
contributed will
not be known until the project is underway.
#3 -
Estimation of the
value of equipment for the consultant uses, The
exact equip -
ment cannot be identified
at this time
#4
- Estimated value
of earthmoving and other equipment provided by the
City of Pueblo,
STATE HISTORICAL FUND PROJECT STATUS REPORT
GRANT RECIPIENT:
Project Title:
Please check one and complete time period covered
Date:
Project Number:
Interim Project Status report covering period of
Final Project Status report covering period of
Attachment 1
to
Print or type legibly. Complete each section, if not applicable answer NA.
COLUMN A. List all project products /deliverables in the same numerical order as in Exhibit B,
Project Time and Payment Schedule of your contract.
COLUMN B. Indicate the completion date for that particular product per the Project Time and
Payment Schedule.
COLUMN C. Indicate with a yes /no whether or not that particular product is being submitted
at this time or what numerical amount of the product is being submitted.
COLUMN D. Indicate the cumulative actual or percentage ( %) of product completed.
A. List products
B. Completion
Date
C. Submitted
this period
D. Cumulative
actual or %
completed
1.
2.
3.
4.
5.
6.
I hereby certify that all of the products produced are in accordance with the Secretary of the
Interior's Standards for Archaeology and Historic Preservation and that the survey activities
performed are in accordance with the CHS Survey Manual and How To Complete Colorado
Cultural Resource Inventory Forms, Third Edition 9191.
Grant Recipient
Date
Reviewed /Signature SHF Administration Date
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Attachment 3
STATE HISTORICAL FUND FINAL PROJECT REPORT
GRANT RECIPIENT:
Project Title:
Date:
Project Number:
Describe the work completed during the project time period in the space provided below. The
description should compare planned work, schedules, expenditures, etc. with actual project work
completed. If additional space is necessary please confine yourself to one additional sheet only.
If additional materials (brochures, photographs, maps, etc.) have been requested by SHF staff
or if such materials would further clarify or supplement the written description of the project
work, they should be placed in an attached envelope. Be sure to clearly label all additional
pages and materials with the Grant Recipient name, Project Title and Project Number.
I certify that all figures, facts and information contained in this report are true and correct.
Grant Recipient
Reviewed/ Signature SHF Administration
Date
Date
Attachment 4
STATE HISTORICAL FUND REIMBURSEMENT REOUEST FORM
GRANT RECIPIENT:
Project Title:
Date:
Project Number:
I hereby certify that all the figures, facts and information contained in this request are true
and correct, and that all bills and invoices included in this reimbursement request have been
paid.
Grant Recipient /Project Director
Authorized Official (if applicable)
Date
Date
Documentation for all items listed MUST be attached (receipts, canceled check copies, etc.).
Please number receipts, etc. to match line item. You may make additional copies of this form
as needed.
ITEM /EXPENSE
COST
AMOUNT TO BE
REIMBURSED
MATCHING
AMOUNT
1)
2)
3)
4)
S)
6)
7)
8)
TOTAL
D o NOT write in this area
APPROVED F'(At PAY!vIENT Comments:
t;GA __._ ....... _ - - -... _.__.....---- _ —____ Date ....... .......... -- ....--- ...... ...............
II SI IFA _ _ -- ._.._.._.__........._.._ —_ ....__ _ —_ ___._........ Date -- _..._...- ................ ---............ ......__....._....._........... - -.... II
�I
1'R(: ix"I' y' W i' �t Amo Di.te
- - - - --
3 /a:EX1-1ATrC11.gg
COr0RADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver, Colorado 80203 -2137
April 22, 1993
James F. Munch, Director of Planning
City of Pueblo
211 E. "D" Street, P.O. Box 1427
Pueblo, Co 81002 -1427
RE: Project #93 -01 -82
Mineral Palace Gardens Park Historic District Registration
Dear Mr. Munch:
Enclosed is a fully executed copy of Contract #930182 for the above State Historical
Fund grant award. Please retain in your files. Your first two products, an "OAHP
Consultation ", and a "Copy of initial news release" are due April 20,1993. Please
contact Joseph Bell at (303) 866 -3035 if you have any questions regarding this product.
I'm looking forward to working with you towards a successful project during the contract
period. If you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
Gloria Muniz
Grants dministrator
(303) 8 4609
ILL 1
Form 6- AC- 02A(R5/91)
Department or Agency name
Colorado Historical Society
Department or Agency number
GCA
Routing Number
APPROVED WAIVER FORM
CONTRACT
THIS CONTRACT, Made this /f day of 4 ,0 41 L , by and between the State of Colorado for the use
and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver,
Colorado 80203, hereinafter referred to as the State and /or the Society, and the City of Pueblo, 211 E. 'D"
Street, P.O. Box 1427, Pueblo, Colorado 81002 -1427, hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for encumbering and
subsequent payment of this Contract under Encumbrance Number 73048.Z in Fund
Number 401 , Appropriation Account 401 and Organization SH — ;and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State desires to assist public and private applicants in the historic preservation and
restoration of historical sites and municipalities throughout the state; and
WHEREAS, pursuant to Article 12- 47.1 -1201 of the Colorado Revised Statues otherwise known as the
"Limited Gaming Act of 1991 ", provides for the annual distribution of monies from the State Historical
Fund created by Subsection (5) (b) (I11) of said Section 9; and
WHEREAS, the Colorado Historical Society is the principal agency authorized by the state to administer
such funds for the purpose of providing historic preservation grants; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation
grant award; and
WHEREAS, this Contract (hereinafter "Contract' or "Agreement ") sets forth the Project Scope of Work,
Standards and Specifications, Products, Budget and Project Time and Payment Schedule, hereinafter
referred to as the 'Project' ,
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of the Mineral Palace Gardens
Park Historic District Registration (Project #93- 01 -82), in accordance with the Project Scope of
Work attached hereto as Exhibit A, including all applicable plans and specifications, which are
hereby made a part of this Contract by reference. If indicated below such plans and specifications
developed during the contract period shall become a part of this Contract and shall control the
project performance upon written approval thereof by the State in the form attached hereto as
Attachment 5.
Page 1 of 9 pages
a. Plans and specifications are (check one):
/not required.
have been developed, are dated and are hereby made a part of this Contract.
are to be developed during the Contract period.
Initials /State'Representative
Initials /Grant Recipient
2. Any modification of the implementation of this Project must receive prior written approval of the
State Historical Society, and be properly incorporated into this Contract by amendment in
accordance with the State's Fiscal Rules.
3. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and
produce the products described in accordance with the pertinent sections of the Secretary of the
Interior's Standards for Archaeology and Historic Preservation and, as applicable, the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating of Historic Buildings
for Development Projects, and the National Register Bulletin 16 Guidelines for Completing
National Register of Historic Places Forms, National Park Service, 1991, for a National Register
Form Preparation Project. Contractor shall perform any and all survey activities and products in
accordance with the Colorado Historical Society's Survey Manual and How to Complete Colorado
Cultural Resource Inventory Forms, Third Edition, 09/91 for any and all survey activities and
projects (copies of which are available through the Society).
4. REMEDIES: In addition to any other remedies at law or equity or specified elsewhere in this
Contract, the State shall have the right to withhold payment, declare all or part of the work
ineligible for reimbursement, or take other corrective action if the Contractor fails to perform
these activities in accordance with the Standards and the terms and conditions of this Contract.
5. CONTRACT PERIOD: The term of this Contract shall be from April 15, 1993 through April 30,
1994.
The Project Scope of 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 (SHF)
Administrator: The Project Scope of Work must be completed no later than thirty (30) days prior
to the Contract ending date.
6. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described
in Exhibit A and subject to the Project Time and Payment Schedule set forth in Exhibit B, the
State shall pay to the Contractor on an expense reimbursement basis a grant not to exceed Two -
thousand five- hundred dollars ($2,500). Any and all Project costs in excess of this grant amount
are the responsibility of the Contractor.
Unless otherwise specified in Exhibit B, the State shall pay fifty- percent (50 %) of the grant
amount to the Contractor upon submission of the Interim Project Status Report and Interim
Financial Report. The remaining fifty- percent (50 %) of the grant amount shall be paid following
Contractor's submission of the Final Project Status Report, Final Financial Report and Final
Report. All payments are subject to satisfactory completion of milestones described in Exhibit B
and submission by Contractor of documented proof of expenditures with each financial report.
Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($2,500 and
Page 2 of 9 pages
under) shall receive a portion, as defined in Exhibit B, of their award upon proper execution of
this Contract. The remaining balance of the award shall be paid following Contractor's
submission of the Final Project Status Report, Final Financial Report and Final 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
permit prior expenditures in furtherance of the Project Scope of Work to be counted as part of
such matching funds. Any such previously expended funds allowed toward the match amount
shall be noted in Exhibit C.
7. ACCOUNTING: At all times from the effective date of this Contract until completion of this
Project, the Contractor shall maintain properly segregated books of State funds, matching funds,
and other funds associated with this Project. All receipts and expenditures associated with said
Project shall be documented in' a detailed and specific manner, and shall accord with the Budget
set forth in Exhibit C. Contractor may adjust budgeted expenditure amounts up to ten percent
(10 %) within said Budget without approval of the State and document in the next financial report.
Adjustments of budget expenditure amounts in excess of ten percent (10 %) must be authorized
by the State in an amendment to this Contract properly executed and approved pursuant to the
State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in
Paragraph 6 above. Interest earned on funds advanced by the State shall be applied to eligible
project expenditures and documented in financial reports.
8. AUDIT: The State or its authorized representative shall have the right to inspect, examine, and
audit Contractor's records, books, and accounts, including the right to hire an independent
Certified Public Accountant of the State's choosing and at the State's expense to do so. Such
discretionary audit may be called for at any time and for any reason from the effective date of
this Contract until three (3) years after the date final payment for this Project is received by the
Contractor provided that the audit is performed at a time convenient to the Contractor and
during regular business hours.
9. PARTIES RELATIONSHIP: The Contractor is a grantee and not an employee or agent of the
State. Contractor shall have no authority, express or implied, to bind the State to any agreements
or understandings without the express written consent of the State. The Contractor represents
that it has, or shall secure at its own expense all personnel by the Contractor under this Contract.
The Contractor is 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 his supervision.
10. REPRESENTATIVES: For the purpose of this contract, the individuals identified below are
hereby designated representatives of the respective parties. Either party may from time to time
designate in writing new or substitute representatives:
For the State: Gloria J. Muniz Grants Administrator
Name Title
For the Contractor: James F. Munch Director of Planning
Name Title
11. NOTICES: All notices required to be given by the parties hereunder shall be given by certified
or registered mail to the individuals at the addresses set forth below. Either party may from time
to time designate in writing substitute addresses or persons to whom such notices shall be sent.
Page 3 of 9 pages
To the State: Gloria J. Muniz
Grants Administrator
Colorado Historical Society
1300 Broadway
Denver, Colorado 80203
To the Contractor: James F. Munch
Director of Planning
City of Pueblo
211 E. "D" Street
P.O. Box 1427
Pueblo, Colorado 81002 -1427
12. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance
of this contract that no qualified individual with a disability shall, by reason of such disability, be
excluded from participation in, or denied to 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.
13. REPORTS: The Contractor shall deliver to the State Project Status Reports (Attachment 1) and
Financial Reports (Attachment 2) documenting the progress of the Project, and the Final Report
(Attachment 3), as described in the Project Time and Payment Schedule (Exhibit B). The
Contractor further agrees that reports are to be completed on State provided forms (Attachments
1 -4). Failure to meet the report deadlines may result in termination of the Contract.
14. MATCHING FUNDS: The 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 C. 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. The Contractor further agrees:
a. To the extent that this Project is funded from sources other than the State Historical Fund,
expenditures in furtherance of the Project shall be pro -rated among the funding sources in
accordance with their percentage of the total project budget; and
b. If the total funding set fourth in the Project Budget is not expended on completion of the
Project, the State shall be reimbursed its pro -rata share of the unexpended budget.
15. CONSULTANTS /SITE VISITS: The State shall have the right, but not the duty, to provide
assistance in any or all of the following manner:
a. Review any project planning documents and methods for conformity with the applicable
standards, manuals, and guidelines;
b. Make recommendations to project personnel concerning the selection of an architect or
other professional consultants; and /or
C. Make site visits as determined necessary by the State before, during and /or at the
conclusion of the Project to provide on -site technical advice and to monitor progress.
Any exercise of the State's rights under this Paragraph 15 shall not relieve the Contractor of any
of its Contract obligations.
Page 4 of 9 pages
16. LETTER OF AGREEMENT: If required, in the sole discretion of the state, the provisions
found in Exhibit D, State Historical Fund Letter of Agreement, which is attached hereto and
executed by the parties of this contract, are hereby incorporated in this Contract and made a part
hereof if indicated below:
a. Letter of Agreement Required: Yes V No
Initials /State Representative
Initials /Grant Recipient
17. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE: When issuing press releases,
official statements, or documents that describe the project funded by the State Historical Fund
grants program, and in all publications funded under this Contract, a credit line must be included
that reads: "This project is /was partially funded by a State Historical Fund grant award from the
Colorado Historical Society."
All Acquisition and Development projects must acknowledge state assistance by means of a
temporary but prominently displayed project sign that will be provided by the State.
18. HISTORIC REGISTER: If the Project affects a different property listed on the National
Register or State Register, the applicant will consult with the Colorado Historical Society's Office
of Archaeology and Historic Preservation, and also will act in accordance with the Secretary of
the Interior's Standards for Archaeology and Historical Preservation.
19. TERMINATION OF CONTRACT FOR CAUSE: If, through any cause, the Contractor shall
fail to fulfill in a timely and proper manner his 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
cause 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 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, the 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 is determined.
20. TERMINATION FOR CONVENIENCE OF 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 of the Contractor and specifying the effective
date thereof, at least twenty (20) days before the effective date of such termination. In that event,
all finished or unfinished documents and other materials paid for with State funds shall, at the
option of the State, become its'property. If the Contract is terminated by the State as provided
herein, the Contractor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the Contractor
covered by this Contract, less payments of compensation previously made. Provided, however,
that if less than sixty percent (60 %) of the project covered by this Contract has been completed
upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the
Page 5 of 9 pages
..wrM
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: The State may, at its discretion, require changes in the Project Scope of Work of the
Contract to be performed hereunder. However, this Contract is intended as the complete
integration of all understandings between the parties, at this time, and no prior or
contemporaneous addition, deletion, or other amendment hereto, including an increase or
decrease in the amount of monies to be paid to the Contractor, shall have any force or effect
whatsoever, unless embodied in a written contract amendment incorporating such changes
executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this provision,
changes in the project time may be agreed to by letter amendment of Exhibit B, but the Contract
Period may not be so extended.
22. CONFLICT OF INTEREST:
a. No employee of the Contractor shall perform or provide part -time services for
compensation, monetary or otherwise, to a consultant or consultant firm that has been
retained by the Contractor under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or responsibility in
connection with this Project on behalf of the Contractor shall have or acquire any personal
financial or economic interest, direct or indirect, which will be materially affected by this
Contract, except to the extent that he may receive compensation for his performance
pursuant to this Contract.
C. A personal financial or economic interest includes, but is not limited to:
i) any business entity in which the person has a direct or indirect monetary interest;
ii) any real property in which the person has a direct or indirect monetary interest;
iii) any source of income, loans, or gifts received by or promised to the person within
twelve (12) months prior to the execution date of this Contract;
iv) any business entity in which the person is a director, officer, general or limited
partner, trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or
interest owned by the spouse, parent, brother, sister, son, daughter, father -in -law, mother -in-
law, brother -in -law, sister -in -law, son -in -law, or daughter -in -law of the person by an agent
on his /her behalf by a general, limited, or silent partner of the person, by any business
entity controlled by said person, or by a trust in which he /she has substantial interest. A
business entity is controlled by a person if that person, his /her agent, or a relative as
defined above possesses more than fifty percent (50 %) of the ownership interest. Said
person has a substantial economic interest in a trust when the person or an above - defined
relative has a present or future interest worth more than one thousand dollars ($1,000.00).
d. In the event of a conflict of interest, as described in this Paragraph 22, cannot be avoided
without frustrating the purposes of this Contract, the person involved in such a conflict of
interest shall submit to the Contractor and the State a full disclosure statement setting forth
the details of such conflict of interest. In cases of extreme and unacceptable conflicts of
Page 6 of 9 pages
interest, as determined by the State, the State reserves the right to terminate the Contract
for cause, as provided in Paragraph 19 above. Failure to file a disclosure statement
required by this Paragraph 22 shall constitute grounds for termination of this Contract for
cause by the State.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this
Contract, the Contractor shall strictly adhere to all applicable federal and State laws that have
been or may hereafter be established.
24. SEVERABILITY: To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the Contract, the terms of this
Contract are severable, and should any term or provision hereof be declared invalid or become
inoperative for any reason, such invalidity or failure shall not affect the validity of any other term
or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver
of any other term.
25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to
the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective
successors and assigns.
26. ASSIGNMENT: Neither party, nor any subcontractors hereto, may assign its rights or duties
under this Contract without the prior written consent of the other party.
27. MINORITY BUSINESS ENTERPRISE PARTICIPATION: It is the policy of the State of
Colorado that Minority Business Enterprises (MBE) and Women Business Enterprises (WBE)
shall have the maximum practicable opportunity to participate in the performance of its
construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy
to the fullest extent practicable and consistent with the efficient performance of the Contract. As
used in this Contract, the term "minority business enterprise" and /or "women business enterprise"
denotes a business, at least fifty percent (50 %) of which is owned by minority/women group
members or, in the case of publicly owed business, at least fifty -one percent (51 %) of the stock of
which is owned by minority/women group members. The Contractor may rely on written
representations by bidders, contractors, and subcontractors regarding their status as
minority/women enterprises and need not conduct an independent investigation.
28. 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.
29. SUBCONTRACTS: All subcontracts for performance of the Project shall be awarded through an
open and competitive selection process to qualified offerors meeting the Contractors
specifications. Copies of any and all contracts entered into by the Contractor in order to
accomplish this Project shall be submitted to the Society, upon execution, and any and all
contracts entered into by the Contractor or any of its subcontractors shall comply with all
applicable Federal and Colorado State laws and shall be governed by the laws of the State of
Colorado notwithstanding provisions therein to the contrary.
11 /a:93-01- 82.ctr
Page 7 of 9 pages
Form 6- AC -02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL.
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available.
BOND REQUIREMENT
3. If this contract involved 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 works for this State, the contractor shall, before entering the performance of any such work included in this contract,
duly execute and deliver to and file with the official whose signature appears below for the State, 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 execute by a qualified corporate
surety, conditioned for the due and 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, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done, 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, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or
paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in
compliance with 38 -26 -106 CRS, as amended.
INDEMNIFICATION
4. 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 attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors,
or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices (24 -34 -402. CRS 1988 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative
Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub - contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,
ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. the contractor agrees to post in conspicuous places, available to employees and applicants for employment.
2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other contract or understanding,
notice to be provided by the contracting officer, advertising the labor union or workers' representative of the contractor's commitment under the Executive Order,
Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(4) The contractor and labor unions will famish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organizations, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of handicap, race, creed,
color, sex, age, national origin, or ancestry. ( 24 -34-402 (1) (c) )
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct any person from complying with the provisions of this contract or any order issued thereunder, or attempt either directly or indirectly, to
commit any act defined in this contract to be discriminatory. ( 24- 34-402 (1) (e) )
Page 8 of 9 pages
Revised 5/91
395 -53-01 -1022
Fp rm 6 _AG -02C
(7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contractor or with any of such rules, regulations, or orders, this contract
may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,
authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith,
and such others sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16,
1975 or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph (I ) through (8) in every sub- contract, subcontractor and purchase order, pursuant to Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for
non - compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result
of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a
state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the
officer responsible forawarding the bid that compliance with this subsection .O6 may cause denial of federal funds which would otherwise be available or would otherwise
be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8 -19 -102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract.
Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise
in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or
otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is
capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have
been or may hereafter be established.
9. The signatories hereto aver that they are.familiar with 18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS
1986 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Nam G
FAY / d. KASTELIC
Position (Title)
PRESIDENT, PUEBLO CITY COUNCI
84- 6000615
Social Security Number or Federal I.D. Number
(If Corporation:)
Attest (Seal)
By 124 1 Alt Jk
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secretary, a Equivalent, Town City /County /Clerk
ATTORNEY ENERAL y�
By
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STATE OF COLORADO
R RO ER, GOVERNOR
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APPROVALS
CONTRO LE 44
By
395-53-01-1030 (Revised 5/9 1) Page 9 which is the last or 9 pages
*See instn ctions on reverse side.
Grant Recipient Name: City of Pueblo EXHIBIT A
Project Title: Pueblo Mineral Palace Park
Historic District Nomination
Project Number: 93 -01 -82
PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATION
I. Project Purpose:
The purpose of the project is to prepare and submit to the State
Preservation Office the nomination of the Pueblo Mineral Palace
Park in Pueblo, Colorado, to the National Register of Historic
Places. A second purpose is to heighten the public's awareness of
the property and its significance through media publication upon
listing.
II. Specification of Work:
A. Media news release upon signing of contract to solicit
information from public.
B. Research: April 15, 1992 - September 31, 1992.
1. Archival and Primary Source.
2. Site Survey and Photographs.
C.;Nomination Preparation: October 1, 1992 - December 31, 1992.
D. Submittal and Hearing before the State Review Board:
January 1, 1993 - March 31, 1993.
E. Media Publication - Upon listing.
This schedule may vary depending upon the deadline for submittal
for hearing before the State Review Board but in no case would
extend beyond one year.
III. Products
A. The following products will be delivered to the Society:
1. OAHP Consultation
2. Copy of initial news release
3. Draft of nomination
4. Nomination of Pueblo Mineral Palace Park to the National
Register of Historic Places.
5. Copy of Media news release, upon listing.
Page 1 of 1
owl �I
City of Pueblo Exhibit B
Mineral Palace Park Historic District Nomination
Project #93 -01 -82
PROJECT TIME AND PAYMENT SCHEDULE
COMPLETION SOCIETY
PRODUCTS DATE RESPONSE
1. NA
NA
Advance
Payment $2,000
2. OAHP Consultation
4/20/93
Review /consult
3. Copy of initial
4/20/93
Review
news release
4. Draft of nomination
10/15/93
Review & approve
S. Nomination
12/1/93
Review & approve
6. Copy of media
upon listing
Review
publication
7. Final Project
3/31/94
Review & approve
Status Report
Final Financial Report
8. Final Report
3/31/94
Review & approve
Payment $500
7/a:9301 -82.38
Page 1 of 1 page
Ci of Pueblo _
Grant Recipient
Mineral Palace Park Historic District
Project Title
93 -01 -82
Project Number
1. Personnel
Project Director
Researcher
Secretarial/
Graphic Support
2. Contracts
3. Supplies
Copier, Film Develop
Postage, Telephone, Fax,
Of S
TOTAL
4. Equipment
PROJECT BUDGET
Match Grant
Cash In -kind Request
160
$1,340
$ 250
Page 1 of 2 pages
$2,500
EXHIBIT C
Project
Total
$ 160
$2,500
$1,340
$ 250
Grant Recipient
IRneral Palace Park Hisfcric nistrirt
Project Title
93 -01 -82
Project Number
5. Travel
Mileage
6. Other Expenses
Interlibrary Loans
Research /Bibliograp
& Overage
PROJECT BUDGET
Match
Cash In -kind
$ 200
$ 50
EXHIBIT c cont.
Grant Project
Request Total
$ 50
TOTALS $2,000
$2,500 $4,500
Columns must correctly total both across columns and down rows.
Page 2 of 2 pages
STATE HISTORICAL FUND PROTECT STATUS REPORT
GRANT RECIPIENT:
Project Title:
Please check one and complete time period covered
Interim Project Status report covering period of
Final Project Status report covering period of
Project Number:
Attachment I
Date:
to
to
Print or type legibly. Complete each section, if not applicable answer NA.
COLUMN A. List all project products /deliverables in the same numerical order as in Exhibit B,
Project Time and Payment Schedule of your contract.
COLUMN B. Indicate the completion date for that particular product per the Project Time and
Payment Schedule.
COLUMN C. Indicate with a yes /no whether or not that particular product is being submitted
at this time or what numerical amount of the product is being submitted.
COLUMN D. Indicate the cumulative actual or percentage ( %) of product completed.
A. List products
B. Completion
Date
C. Submitted
this period
D. Cumulative
actual or %
completed
1.
2.
3.
4.
5.
6.
I hereby certify that all of the products produced are in accordance with the Secretary of the
Interior's Standards for Archaeology and Historic Preservation and that the survey activities
performed are in accordance with the CHS Survey Manual and How To Complete Colorado
Cultural Resource Inventory Forms, Third Edition 9191.
Grant Recipient
Reviewed /Signature SHF Administration
Date
Date
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Attachment 3
STATE HISTORICAL FUND FINAL PROTECT REPORT
GRANT RECIPIENT:
Project Title:
Date:
Project Number:
Describe the work completed during the project time period in the space provided below. The
description should compare planned work, schedules, expenditures, etc. with actual project work
completed. If additional space is necessary please confine yourself to one additional sheet only.
If additional materials (brochures, photographs, maps, etc.) have been requested by SHF staff
or if such materials would further clarify or supplement the written description of the project
work, they should be placed in an attached envelope. Be sure to clearly label all additional
pages and materials with the Grant Recipient name, Project Title and Project Number.
I certify that all Figures, facts and information contained in this report are true and correct.
Grant Recipient
Reviewed /Signature SHF Administration
Date
Date
Attachment 4
STATE HISTORICAL FUND REIMBURSEMENT REQUEST FORM
GRANT RECIPIENT:
Project Title:
Date:
Project Number:
I hereby certify that all the figures, facts and information contained in this request are true
and correct, and that all bills and invoices included in this reimbursement request have been
paid.
Grant Recipient /Project Director
Authorized Official (if applicable)
Date
Date
Documentation for all items listed MUST be attached (receipts, canceled check copies, etc.).
Please number receipts, etc. to match line item. You may make additional copies of this form
as needed.
ITEM /EXPENSE
COST
AMOUNT TO BE
REIMBURSED
MATCHING
AMOUNT
1)
2)
3)
4)
S)
6)
7)
8)
TOTAL
Do NOT write in t his area
:'1PPROVE"D R)R PAYMEENT -- -+—
GGA
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