HomeMy WebLinkAbout7282RESOLUTION NO. 7282
A RESOLUTION APPROVING A CONTRACT BETWEEN THE
COLORADO HISTORICAL SOCIETY AND THE CITY OF PUEBLO
FOR STATE HISTORICAL FUND MONIES AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
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, COLORADO
that:
SECTION 1•
A contract
Historical Society
to provide funding
is on file in the
to form by the City
dated January 1, 1994, between the Colorado
and the City of Pueblo, a Municipal Corporation,
for a State Historic Fund Project a copy of which
Office of the City Clerk, having been approved as
?attorney, are hereby approved.
SECTION 2•
The project referred to as
Project. Project No. 94 -01 -118,
with $25,600 of in -kind services
volunteers.
SECTION 3•
the El Pueblo Survey and Planning
will receive $50 to be matched
in the form of office space and
The President of the City Council is hereby authorized to
execute said contract on behalf of Pueblo, a Municipal Corporation;
and the City Clerk shall affix the Seal of the City thereto and
attest same.
ATTEST:
C ty Clerk
INTRODUCED DECEMBER 27, 1993
BY MICHAEL OCCHIATO
Councilperson
APPROVED BY:
7 'sident ot the Council
r �
� I
COLORADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadwav Denver, Colorado 80203 -2137
January 25, 1994
James F. Munch. Director
Planning and Development
Citv of Pueblo
211 East "D" Street
Pueblo, CO 81003
RE: Project 4194 -01 -118
El Pueblo Survey and Planning Project
Dear James:
Enclosed is a fully executed copy of Contract 49401118 for the above State Historical Fund
grant award. Please retain in your files. Your first product, Interpretation Report, is
due July 1. 1994. 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.
Patti 'Nixon
Grants Assistant
(303 -3840
cc: Joseph Bell
JAN 2 6 1994
}}t!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
l r ,l
THIS CONTRACT, Made this �� day of U PCertth e r 1993 , 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 East D Street, Pueblo, Colorado 81003, hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for encumbering and subsequent
payment of this Contract under Encumbrance Number 9yo / in Fund
Number 401 , Appropriation Account 401 and Organization SHFG ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, 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 ( #94 -01 -118) 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):
Z 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
I t Recipient
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.
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.
CONTRACT PERIOD: The term of this Contract shall be from January 1, 1994 through
July 1, 1995.
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.
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
Fifty- thousand dollars ($50,000). 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.
page 2 of 9 pages
Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($2,500 and
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.
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.
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, Planning and Development
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
Planning and Development
City of Pueblo
211 East "D" Street
Pueblo, CO 81003
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
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
c
�� Initials /State Representative
C 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 under this Contract) incurred by the Contractor during
page 5 of 9 pages
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.
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 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.
page 6 of 9 pages
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.
dd 1 /a: \9401 -1 18.c1r
page 7 of 9 pages
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 of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,
road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included
in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any
labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and
filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38 -26 -106.
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 (CRS 24 -34 -402), 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:
(a) 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 advertisings; 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,
notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause.
(b) 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.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising 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.
(d) 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.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, 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 race, creed, color,
sex, national origin, or ancestry.
(f) 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 or prevent 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.
Form 6- AC -02B
Revised 1/93
395.53.01 -1022
page 8 of 9 pages
(g) In the event of the contractor's non - compliance with the non - discrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled, 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 other 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.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub - contract and subcontractor purchase order unless exempted by
rules, regulations, or orders issued 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 CRS 8 -17 -101 & 102 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 a 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 (CRS 8 -19 -101 and 102)
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,
defence, 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 aver that they are familiar with CRS 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and CRS 18 -8 -401, et. seq., (Abuse of Public Office),
and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any 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)
Position (Title) a
Social Security Number or Federal I.D. Number
If Corporation:)
1
t
Attest (Sea!)
B
Corporar= Secrctary, or Equivalent, Town/CitYCounty Clerk
STATE OF COLORADO
RON-IrO ER, GOVERNOR
*5
Colorado Historical Society
DEPARTMENT
OF Higher Education
APPROV
ATTORNEX,A49NERAL CON
b
By By -
Grants Administrator
Form 6- AC -02C
Revised 1/93 Page 9 which is the last of�_
395 -53 -01 -1030 *See instructions on reverse side.
Clifford W. Hall
EXHIBIT A
City of Pueblo
E1 Pueblo Survey and Planning
Project No. 94 -01 -118
PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATIONS
I. Project Purpose
The El 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 E1 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, aided by Project
No.94 -01 -81 funded by the Colorado Historical Fund in 1993, has resulted in
predictions which are partial answers to basic questions about the site, such as
where, what, when, why, how big, and other previous unknowns about the site.
Some answsers to questions about the site were tentatively answered in 1993
through a mathematical interpretation of an 1873 photograph showing the site and
by archaeological testing of some of the predictions of subsurface remote sensing
conducted in 1993. The 1994 research will permit further interpretation of the
1873 photograph through computerization and further testing of predictions made
from the results of the subsurface remote sensing and of other knowledge about
the site.
II. Specification of Work
Photointerpretation, archaeological testing, and development of a plan for future
work will be the foci of the 1994 Project. The photointerpretation and testing
will attempt to identify and locate remains of El Pueblo and evidences of impacts
which could have destroyed El Pueblo evidences.
The 1873 photograph is oblique and two- dimensional and shows what are believed
to be ruins of El Pueblo in a middle ground between other structures of the City.
Continuation of the interpretation of the photograph will focus on computer aided
manipulations to predict the horizontal and vertical locations of the ruins of
El 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 locations of
buildings in the background and the locations of the Arkansas River channel and
other drainages visible in the photograph.
Page 1 of 2 Pages
EXHIBIT A (Cont.)
Subsurface remote sensing conducted in 1993 identified possible subsurface
features which could be parts of E1 Pueblo, features of later impacts, and former
topographic features, such as river channels. Some features predicted from the
sensing have been tested archaeologically and their identities predicted from
correspondences with post -El Pueblo features identified from archival and other
information. The identifications of these features permit identifications of
areas favorable or unfavorable for the finding of E1 Pueblo- related remains.
Continuation of the tests of the predictions of locations and identifications of
subsurfaced sensed phenomena and photointerpreted phenomena will be conducted in
1994. Artifacts and other remains will be inventoried to determine the
relationships of deposits and features. 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 El Pueblo, and not "in depth" analysis relative to other
questions.
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
fourteen months from January, 1994 through April, 1995. The research will aid
in determining the former and present limits and distributions of parts of the
site of El 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 El Pueblo Plaza, a City
center cultural complex, and of the site of E1 Pueblo.
III. Products
A. The following products will be delivered to the Society:
1. Report of the computer assisted interpretation of the 1873 photograph of
downtown Pueblo and the attempt to construct a three dimensional
photointerpretation predictive model of the site of El Pueblo and its location.
2. Report of the archaeological tests of remote sub - surface sensed phenomena and
photointerpreted phenomena in the area of the site to identify locations of El
Pueblo - related remains and post -E1 Pueblo impacts which may have destroyed E1
Pueblo - related remains.
3. Report describing the results of tests of predictions by analysis of
materials and other data recovered. This report will report the distributions
as maps and profiles identifying the distributions of phenomena discovered.
4. Project Status Report and Financial Report.
5. Brief Project Narrative.
6. Project Status Report and Financial Report
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.
Page 2 of 2 Pages
EXHIBIT B
City of Pueblo
E1 Pueblo Survey and Planning
Project No. 94 -01 -118
PROJECT TIME AND PAYMENT SCHEDULE
PRODUCTS COMPLETION DATE
I.
Photo interpretation
7/1/94
report
2.
Excavation Report
10/1/94
3.
Interim status report
10/1/94
and financial report
4.
Artifact Analysis Report
2/1/95
5.
Brief project narrative
2/1/95
6.
Project status report
4/1/95
and financial report
7.
Final report
4/1/95
SOCIETY RESPONSE /PAYMENT
Review and approve
Review and
Review and appr
payment
Review and
Review and
Review and
approve
)ve $25,000
approve
approve
approve
Review and approve $25,000
final payment
Page 1 of Exhibit B
EXHIBIT C
City of Pueblo
E1 Pueblo Survey and Planning
Project No. 94- 0] -]]8
Match
Grant
Project
1. Personnel
Cash In -Kind
Request
Total
Project
$46,000
$46,000
Volunteers
$ 7,600
7,500
Administrative
2,000
2,000
2. Contracts
Earthmoving
5,000
5,000
3. Supplies
Project
2,500
2,500
4. Equipment
Project
1,000
1,000
5. Travel
Project
500
500
6,000
6,000
6. Other Expenses
Building rental
Office rental
5
5,100
(b) 25,60 (
50,000 (d)
75,600
TOTALS (a)
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
Attachment 1
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
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:
Project Number:
Date
Reviewed/ Signature SHF Administration Date
c�
-M+
0
WI
U
z
z
Q
z
a
U
E..
�i
Q
U
U
U
.
U
L
U
cC
U
.D
C)
U
>
O
N
U
cJ
a
.
.
C
U r
..o
zo
U Y
O C
t. U
e� 8
�a
U
L. Q
U
U
P
O
O
O
U
d
M �
U
U
U
> N
O U
U U
O
C >
U
U _
iJ G
.0 C
C U
C U
a..
C
O
_C U
LL, L
t N
O
vi
E
� O
_ U
C = X
G. L
U U
U .
U
v
U
i
U
U7
n
C
O
A
U
v;
c7
U
C
C
d
C
U
U
.=7
U
>
r
L
L
O
L
N
C
U
.
U
C
N
U_
O
'D
r
U
a
0
U
C
r
U
C
U
r
0
U
N
s _
C
U
C
O
U
O
G
U
U
1
I�
C
O
V
C
vi
U
w
a
D-0
V=.
U
r
c,
�h
.- E
U
U
Q
>
O
G.
tT-
cs
C�
U
U
r
N
M
Attachment 3
STATE HISTORICAL FUND FINAL PROJECT REPORT
GRANT RE cim Nrr: Date:
Project Title:
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. Please attach any IocaUregional newspaper
articles published as a result of the project award, progress and/or completion. All acquisition and development projects must
include color slides of the project showing the condition of the property both before and after completion. Also include color
or black and white prints showing general overall views of the property both before and after completion of the project.
I hereby certify that all information contained in this report is true and correct and that all project work has been completed as
described in the contract Project Scope of Work unless otherwise noted.
Grant RecipientTroject Director
SHF Review /Signature
Date
bate
Minority Business Enterprise Participation
Please provide the following information:
1) Total number of vendors/subeontractors used during the contract period.
2) Total number of minority vendor /subcontractors used during the contract period.
Total dollar amount represented. S
3) Total number of women vendors/subcontractors used during the gtrant period.
Total dollar amount represented. S
Attachment 4
STATE HISTORICAL FUND REIMBURSEMENT REQUEST FORM
GRANT RECIPIENT: Date:
Project Title:
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
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
Do NOT write in this area
APPROVED FOR PAYMENT Comments:
GGA Date
I SH.FA
P ROJECT # WARRANT
Date
Amount Date
3 /a: EXHATTCF1.gg