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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