HomeMy WebLinkAbout7428RESOLUTION NO.
7428
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION, AND THE
COLORADO HISTORICAL SOCIETY RELATING TO THE
ELSON BRIDGE PROJECT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement dated May 24, 1994, between Pueblo, a municipal
corporation, and the Colorado Historical Society for the relocation
and preservation of the Historic Elson Bridge, #94 -01 -122, copies of
which are on file in the office of the City Clerk, having been
approved as to form by the City Attorney, is hereby approved. The
President of the City Council is authorized to execute and deliver
the contract in the name of the City and the City Clerk is directed
to affix the seal of the City thereto and attest same.
SECTION 2
This Resolution will become effective upon final passage.
INTRODUCED: J 11, 1994
BY: FAY KASTELIC
COUNCIL PERSON
ATTESTED BY: APPROVED:
CITY CLER RE IDENT OF THE CITY COUNCIL
COIORADO
HISTORICAL
SOCIETY
The Colorado History Museum 1300 Broadway Denver, Colorado 80203 -2137
October 12, 1994
William J. Zwick
City of Pueblo
211 East "D" Street
Pueblo, colorado 81002
RE: Project #94 -01 -122
The Relocation & Preservation of the Historic Elson Bridge
Dear Mr. Zwick:
Enclosed is a fully executed copy of Contract # 9401122 for the above State Historical Fund
grant award. Please retain in your files. We have requested a warrant for an advance payment in
the amount of $16,000.
According to your Project Time and Payment Schedule, Product #2 - "Plans & Specifications"
and Product #3 - 'Before photos of site" were due in May of 1994; Product #4 - "After photos of
the site" were due July 30, 1994; and Product #5 - "Final Reports" were due August 30, 1994.
All products are significantly past due and should be submitted as soon as possible. Please
contact me regarding your project status.
Sincerely,
Debra L. Diamond
Grants Assistant
(303) 894 -2533
� Y.
OCT I 7 1994
5
Form 6- AC- 02A(R5/91)
Department or Agency name
Colorado Historical Society
Department or Agency number
GCA
Routing Number
APPROVED WAIVER FORM
CONTRACT
THIS CONTRACT, Made this day of 1994, by and between the State of Colorado
for the use and benefit of the Department of Higher Educatio , Colorado Historical Society, 1300 Broadway,
Denver, Colorado 80203, hereinafter referred to as the State and/or the Society, and the Colorado Department of
Transportation, 902 Erie Avenue, Pueblo, Colorado 81002, 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 9Y 6 / / aa 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) (111) of Section 9 of Article XVIII of the State Constitution; 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:
L The Contractor shall use funds subject to this Contract in support of the Relocation & Preservation of
the Historic Elson Bridge (Project #94 -01 -122) in accordance with the Project Scope of Work
attached hereto as Exhibit A, including all applicable plans and specifications, which are hereby made a
part of this Contract by reference. If indicated below such plans and specifications developed during the
contract period shall become a part of this Contract and shall control the project performance upon
written approval thereof by the State in the form attached hereto as Attachment 5.
page 1 of 9 pages
a. Plans and specifications are (check one):
not required.
have been developed, are dated and are hereby made a part of this Contract.
Z e to be developed during the Contract period.
S I V Initials /State Representative Vff—
(I�Initials /Grant 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.
5. CONTRACT PERIOD: The term of this Contract shall be from May 25, 1994 through
May 25,1995.
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.
6. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in
Exhibit A and subject to the Project Time and Payment Schedule set forth in Exhibit B, the State shall
pay to the Contractor on an expense reimbursement basis a grant not to exceed Twenty thousand
dollars ($20,000). 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 thirty- percent (30 %) of the grant amount to
the Contractor as an advance; and forty- percent (40 %) upon submission of the Interim Project Status
Report and Interim Financial Report. The remaining thirty- percent (30 %) of the grant amount shall be
paid following Contractor's submission of the Final Project Status Report, Final Financial Report and
Final Report. All payments are subject to satisfactory completion of milestones described in Exhibit B
and submission by Contractor of documented proof of expenditures with each financial report.
Exceptions: Contracts with an approved advance payment and Mini -grant Awards ($5,000 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.
page 2 of 9 pages
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: William J Zwick Senior Urban Design Planner
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: William J. Zwick
Senior Urban Design Planner
211 East "D" Street
Pueblo, Colorado 81002
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
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.
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:
page 4 of 9 pages
a. Letter of Agreement Required: ✓ Yes _ No
J , r Initials /State Representative pf__
(I nitials /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 unfmished 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 fmished or unfinished
documents and other materials paid for with State funds shall, at the option of the State, become its
property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an
amount which bears the same ratio to the total compensation as the services actually performed bear to
the total services of the Contractor covered by this Contract, less payments of compensation previously
made. Provided, however, that if less than sixty percent (60 %) of the project covered by this Contract
has been completed upon the effective date of such termination, the Contractor shall be reimbursed (in
addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise
reimbursed under this Contract) incurred by the Contractor during the Contract period which are
directly attributable to the uncompleted portion of the project covered by this Contract. If this Contract
is terminated due to the fault of the Contractor, Paragraph 19 hereof relative to termination shall apply.
page 5 of 9 pages
21. CHANGES: The State may, at its discretion, require changes in the Project Scope of Work of the
Contract to be performed hereunder. However, this Contract is intended as the complete integration of
all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion,
or other amendment hereto, including an increase or decrease in the amount of monies to be paid to the
Contractor, shall have any force or effect whatsoever, unless embodied in a written contract amendment
incorporating such changes executed and approved pursuant to the State's Fiscal Rules.
Notwithstanding this provision, changes in the project time may be agreed to by letter amendment of
Exhibit B, but the Contract Period may not be so extended.
22. CONFLICT OF INTEREST:
a. No employee of the Contractor shall perform or provide part -time services for compensation,
monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor
under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function or responsibility in
connection with this Project on behalf of the Contractor shall have or acquire any personal
financial or economic interest, direct or indirect, which will be materially affected by this
Contract, except to the extent that he may receive compensation for his performance pursuant to
this Contract.
C. A personal financial or economic interest includes, but is not limited to:
i) any business entity in which the person has a direct or indirect monetary interest;
ii) any real property in which the person has a direct or indirect monetary interest;
iii) any source of income, loans, or gifts received by or promised to the person within twelve
(12) months prior to the execution date of this Contract;
iv) any business entity in which the person is a director, officer, general or limited partner,
trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means any investment or interest
owned by the spouse, parent, brother, sister, son, daughter, father -in -law, mother -in -law, brother -
in -law, sister -in -law, son -in -law, or daughter -in -law of the person by an agent on his/her behalf by
a general, limited, or silent partner of the person, by any business entity controlled by said person,
or by a trust in which he /she has substantial interest. A business entity is controlled by a person if
that person, his/her agent, or a relative as defined above possesses more than fifty percent (50 %)
of the ownership interest. Said person has a substantial economic interest in a trust when the
person or an above - defined relative has a present or future interest worth more than one thousand
dollars ($1,000.00).
d. In the event of a conflict of interest, as described in this Paragraph 22, cannot be avoided without
frustrating the purposes of this Contract, the person involved in such a conflict of interest shall
submit to the Contractor and the State a full disclosure statement setting forth the details of such
conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by
the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph
19 above. Failure to file a disclosure statement required by this Paragraph 22 shall constitute
grounds for termination of this Contract for cause by the State.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract,
the Contractor shall strictly adhere to all applicable federal and State laws that have been or may
hereafter be established.
page 6 of 9 pages
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 tenn 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 parity, 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 corrlply 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.
sp2 /a:94- 1- 122.ctr
page 7 of 9 pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. 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 --L 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 I8 -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) s 1 / 0r (f �4RA�d
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Position (Title) D/r r
A /HrGnyr+ f�i .
Social Security Number or Federal I.D. Number
If Corporation:)
Attest (Se
By
Corporate Se tary, or fgrfialent, Town/City/County Clerk
Grants A
STATE OF COLORADO
RO GOVERNOR
` EXECUTIV DIRECTOR
Colorado Historical Society
DEPARTMENT
OF Higher Education
APPROM
STA OI
CLIFF D
By
il ed i/93 ` �`�
Revised Page _) which is the last ofd_ pages
395 -53 -01 -1030 `See instructions on reverse side.
City of Pueblo
The Relocation and Preservation
of the Historic Elson Bridge
Project #94 -01 -122
EXHIBIT A
PROJECT SCOPE OF WORK, STANDARDS, AND SPECIFICATIONS
I. PROJECT PURPOSE:
A. The purpose of this project is to relocate the Elson Bridge
from E1 Moro in Las Animas County to the City of Pueblo to
be used for a pedestrian bridge on a trail project.
1. Acquisition of the bridge.
2. Transport and reassemble the bridge.
II. SPECIFICATION OF WORK:
A. The project will be completed in the following steps:
1. Acquire disassembled Elson Bridge from Las Animas
County, as per agreement dated September 13, 1993.
(see attached)
2. Contract with Range Engineering, Inc., for P.E.
services to reassemble bridge to include:
(see attached)
a. Plans and Specifications
b. Construction Engineering
3. Commence volunteer services of the 52nd Combat
Battalion (Heavy) at Fort Carson, as per the
Memorandum of Understanding with the City of Pueblo.
a. Transport Dismantled Bridge
b. Reassemble Bridge and Place on Abutments
c. Construct Decking and Fencing, Materials
Supplied by Project Costs
d. Provide One Meal a Day for Troops
4. Contract traffic control services for partial closure
of Santa Fe Avenue /U.S. Highway 50 for the Army to
reassemble bridge on Santa Fe Avenue.
Page 1 of 2 pages
-1-
City of Pueblo
The Relocation and Preservation
of the Historic Elson Bridge
Project #94 -01 -122
EXHIBIT A (cont.)
PROJECT SCOPE OF WORK,, STANDARDS AND SPECIFICATIONS
III. PRODUCTS:
A. The following products will be delivered to the Historical
Society:
1. Complete Plans and Specifications
2. Before and After Photos of the Bridge:
a. Bridge in E1 Moro before Disassembly .
b. Site in Pueblo before Placement of Bridge
c. Site in Pueblo after Placement of Bridge
3. Final Project Report
a. To Include Engineering Report of Completion
Page 2 of 2 pages
-2-
City of Pueblo EXHIBIT B
The Relocation and Preservation
of the Historic Elson Bridge
Project #94 -01 -122
PROJECT TIME AND PAYMENT SCHEDULE
PRODUCTS
1. Bridge hc;quisitio
/. NA
2. Plans & Specifications
3. Before photos of site
4. After photos of the site
5. Final ReportS
COMPLETION DATE
-2/44794
NA
5/30/94
5/13/94
7/30/94
8/30/94
SOCIETY
RESPONSE /PAYMENT
Rev i
4OVAv g /log db D
Review /Approve
Review /Approve
Review /Approve
Review /Approve
& ee-t ., q a-"
* ** Expenditure Prior to Award of Contract.
Page 1 of 1 page
-1-
City of Pueblo EXHIBIT C
The Relocation and Preservation
of the Historic Elson Bridge
Project #94 -01 -122
PROJECT BUDGET
Match
Item Description
Cash
Grant
Request
Project
Total
1. Contracts
Las Animas County
$45,150
$
45,150
(Bridge Acquisition)
Range Engineering, Inc.
$ 8,800
$
2,200
$
11,000
2. Supplies
Reassembly Materials
$ 4,000
$
3,000
$
7,000
Decking
$11,200
$
6,800
$
18,000
Safety Fencing
$ 7,080
$
3,800
$
10,880
3. Equipment
Crane Rental and Other
Equipment for Decking
and Fence Installation
including Fuel Costs
$ 8,000
$
3,000
$
11
4. Other Expenses
Traffic Control
$ 2,400
$
600
$
3,000
Meals for Troops per
Agreement with Army
$ 2,400
600
$ 3,000
TOTAL
$89,030
$20,000
$109,030
*Bridge Acquired 2/14/94
Expenditure Prior to Contract.
Page 1 of 1 Page
-1 -
EXHIBIT D
AGREEMENT
This Agreement made this ' ? I:tb day of KAQ W _ , 1994 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, herein referred to as the Society, and the City of Pueblo (Owner of Property), 1 City Hall Place,
Pueblo, Colorado 81003, on behalf of the Colorado Department of Transportation (Project #94 -01 -122), 902
Erie Avenue, Pueblo, Colorado 81002, herein referred to as the Grant Recipient;
This Agreement follows the "Property," the Elson Bridge, which was acquired by the City of Pueblo from
Las Animas county under the "Adopt -a- Bridge" program and is being relocated and reassembled.
Whereas, in accordance with the criteria set forth in the State Historical Fund (SHF) Application
Guidelines, the Grant Recipient has applied to the Society and has been selected to receive a State Historical Fund
Grant award for the preservation of the property herein described; and
Whereas, the City of Pueblo is the owner in fee simple of certain real property previously located in Las
Animas County, Colorado, and being relocated to Pueblo County, Colorado, which property has been listed in the
National Register of Historic Places as the Elson Bridge previously located at County Road 36, Purgatoire River, 4
miles northeast of El Moro and is being relocated to the Santa Fe Avenue Underpass, South of Elizabeth Street
Intersection, as part of the Historic Arkansas River Channel trail, hereinafter referred to as the "Property." Which
Property is more particularly described as follows:
After relocation: SE' /4 of Section 36, Township 20 South, Range 65 West, of the Sixth Principal Meridian
The location of the relocated Elson Bridge is 165 feet south of the center line of Elizabeth Street
and Santa Fe Avenue and occupies an area of 20 feet by 150 feet over Santa Fe Avenue.
NOW THEREFORE, in consideration of the sum of Twenty thousand dollars ($20,000) received as a grant from the
State Historical Fund, the Owner hereby agrees to the following for a period of Five (5) years commencing on the
date of this Agreement.
Without the express written permission of the Society, no construction, alteration, or remodeling
or any other activity shall be undertaken or permitted to be undertaken on the Property which
would alter the architectural appearance of the Property, adversely affect the structural soundness
of the Property, or encroach on the open land area on the Property; provided, however, that the
reconstruction, repair, or restoration of the Property, damage to which has resulted from casualty
loss, deterioration, or wear and tear, shall be permitted subject to the prior written approval of the
Society, provided that such reconstruction, repair, or restoration is performed according to the
Secretary of the Interior's Standards for Historic Preservation Projects and Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings, issued and as may from time
to time be amended by the U.S. Secretary of the Interior, hereinafter collectively referred to as the
"Standards ". In all events, the Owner further agrees at all times to maintain the Property in a
good and sound state of repair and to maintain the Property according to the Standards so as to
prevent deterioration of the Property.
2. No buildings, structures or other improvements not presently on the Property shall be erected or
placed on the Property, except for temporary structures, such as scaffolding needed to assist
workmen; provided, however, that the Owner may, under appropriate circumstances and with
prior written approval from and in the sole discretion of the Society, erect such buildings,
structures or improvements which will, in the opinion of the Society, in no way detract from the
historic integrity of the property, and which in all ways otherwise conform to the Standards.
No signs, billboards, or advertisements shall be displayed on the Property; provided, however, that
the Owner may, with prior written approval from and in the sole discretion of the Society, erect
such signs as are compatible with the historic interpretation of the Property and appropriate to
identify the Property and any activities carried on in the Property. Such approval from the Society
shall not be unreasonably withheld.
Page 1 of 2 pages
No topographical changes, including but not limited to excavation, shall occur on the Property;
provided, however, that the Owner may, with prior written approval from and in the sole
discretion of the Society, make such topographical changes as are consistent with the historic
integrity of the Property.
There shall be no removal, destruction, or cutting down of trees, shrubs, or other vegetation on the
Property; provided, however, that the Owner may with prior written approval from and in the
sole discretion of the Society, undertake such landscaping of the Property as is compatible with
the historic integrity of the Property and which may involve removal or alteration of present
landscaping, including trees, shrubs, or other vegetation. In all events, the Owner shall maintain
trees, shrubs, and lawn in a good manner and appearance.
6. No dumping of ashes, trash, rubbish or other unsightly or offensive materials shall be permitted on
the Property.
7. No utility transmission lines, except those reasonably necessary for serving the existing Property,
may be created on the Property, subject to utility easements already recorded.
8. In the event of severe damage or total destruction to the Property (defined, for the purposes of this
Agreement, as sudden damage or loss caused by fire, earthquake, inclement weather, acts of the
public enemy, riot or other similar casualty) this Agreement shall terminate as of the date of such
damage or destruction.
9. The Society, or a duly appointed representative of the Society, shall be permitted to inspect the
Property at all reasonable times in order to ascertain if the above conditions are being observed.
10. To the extent authorized by law, the Grant Recipient shall indemnify, save and hold harmless the
Society, its employees, officers, 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 Grant Recipient, or its employees, agents, subcontractors, or assignees pursuant
to the terms of this Agreement.
11. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter
provided by law, the Society may, following reasonable notice to the Grant Recipient, institute
suit to enjoin said violation or to require the restoration of the Property to its condition at the time
of this Agreement or condition at the time of the most recent satisfactory inspection by the
Society. The Society shall be entitled to recover all costs or expenses incurred in connection with
such a suit, including all court costs and attorney's fees.
12. The failure of the Society to exercise any right or remedy granted under this Agreement shall not
have the effect of waiving or limiting the exercise of any other right or remedy or the use of such
right or remedy at any other time.
This Agreement shall be enforceable in specific performance by a court of competent jurisdiction.
Sign�fu�f,� 0*ner of Property Q�
Sign4tte, Grtnt Recipient 0 /
PRESIDENT, PUEBLO CITY COUNCIL
and title of signatory
E. Vartmann, Preside6t sp2 /a 94- 1- 122.1oa
Page 2 of 2 pages