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HomeMy WebLinkAbout7466RESOLUTION NO. 7466 A RESOLUTION APPROVING AN AMENDMENT EIAF NO. 2530, PUEBLO SENIOR CENTER, SECOND AMENDMENT, BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS, AND THE CITY OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has been offered an additional $136,000 in Energy Impact Assistance Funds for the Joseph Edwards Senior Center by the Colorado Department of Local Affairs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: SECTION 1: An Amendment to contract, Energy Impact Assistance Fund 2530, Pueblo Senior- Center, between the Colorado Department of Local Affairs and the City of Pueblo, a Municipal Corporation, to provide funding for the Joseph Edwards Senior Center, a copy of which is on file in the office of the City Clerk, having been approved as to form by the City Attorney is hereby approved. SECTION 2: The President of the City Council is hereby authorized to execute said Amendment and new Contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. INTRODUCED September 12, 1994 ATTEST: City Clerk BY SAMUEL CORSENTINO Councilperson APPRO ED BY: P esident of the Council e EIAF - #2530 DEPARTMENT OR AGENCY NAA CONTRACT ROUTING NUMBER Q �5 K J y SECOND AMENDMENT CONTRACT THIS CONTRACT, made this & day of , 1994, by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 , hereinafter referred to as the State, and the City of Pueblo. 1 City Hail Place. Pueblo, Colorado 81003 , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number t5 3 Appropriation Code 1 ,98 , Org. Unit FA4Da , GBL , Contract Encumbrance Number ' "'"J' ; and C 30D WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the parties hereto have entered into a Contract dated July 9, 1992, with Contract Routing Number 930023, and Contract Encumbrance Number C853022, which was subsequently amended on October 12, 1993, with Contract Routing Number 940146, for the expenditure of Mineral /Energy Impact Assistance grant funds to partially finance construction of a community senior citizens center in Pueblo, Colorado, which Contract is hereinafter referred to as the Original Contract as Previously Amended; and WHEREAS, during the course of the Project, the Contractor has encountered unanticipated expense associated with escalating construction costs and the purchase and installation of electrical and mechanical equipment; and WHEREAS, construction of the basic building has been completed, but the Contractor has determined that additional funds are necessary in order to carry out exterior finish elements including construction of the parking lot, sidewalks and drainage improvements and the installation of outside lighting and landscaping; and WHEREAS, the Contractor considers completion of the exterior improvements to be essential in providing the public with safe and barrier -free access to the facility; and WHEREAS, the State considers the completion of the Project as proposed by the Contractor to be reasonable, desirable and in keeping with the original intent of the Project; and WHEREAS, the Contractor is willing to contribute an additional $349,000 in local funds to help meet the shortfall in Project funding; and WHEREAS, the. State has approved Contractor's request for additional Mineral /Energy Impact Assistance grant funding in the amount of $136,000 in order to allow the Project to proceed; and WHEREAS, the modified funding levels set forth in this Contract Second Amendment bring the State's financial participation in the Project to a total of $436,000 and the Contractor's contribution to a total of $1,947,000; and WHEREAS, this Contract Second Amendment is necessary in order to set forth modifications of Project compensation, scope of services, budget and payment schedule; Page 1 of 4 Pages EIAF - #2530 (SECOND AMENDMENT) NOW THEREFORE it is hereby agreed that: 1. The dollar amount set forth in paragraph "5. Compensation and Method of Payment on page 1 of 6 pages of the main body of the Original Contract as Previously amended be further amended to read: " FOUR HUNDRED THIRTY -SIX THOUSAND AND NO /100 DOLLARS ($436.000.00) 2. The scope of services, Exhibit A to the Original Contract as Previously Amended, be further amended in the following manner: a. The first paragraph under "1. Scope of Services on page 1 of 2 pages of Exhibit A be further amended by the addition of the following sentence: "In order to ensure safe and barrier -free access to the facility, the Project will also include the following site improvements: construction of a parking lot, sidewalks and surface drainage devices; and installation of outside lighting and landscaping." b. The second paragraph under " Scope of Services on page 1 of 2 pages of Exhibit A be further amended to read as follows: "Impact Assistance funds in the amount of $436,000 will partially finance Project costs. The Contractor is expected to provide $1,947,000 in Project funding, and, in any event, is responsible for all Project costs in excess of the $436,000 in Impact Assistance grant funds." c. Section "3. Budget on page 2 of 2 pages of Exhibit A to the Original Contract as Previously Amended be further amended to read as follows: "REVENUE . EXPENDITURES Impact Assistance Funds $ 436,000 Contractor Funds 1,947,000 TOTAL $2,383,000 Site Preparation $ 158,000 General Building Construction 1,810,000 and Demolition Site Improvements 272,000 Architectural /Engineering 143.000 TOTAL $2,383,000 " d. Item "b." and 'TOTAL" under "4. Payment Schedule on page 2 of 2 pages of Exhibit A be further amended to read as follows: "b. 321,000 In approximately three (3) interim payments reimbursing the Contractor for actual expenditures made in the performance of this Contract. Payments will be based upon properly documented financial and narrative status reports detailing expenditures made to date." and "$436,000 TOTAL" 3. This Contract Second Amendment shall become effective upon full and proper execution. 4. All provisions of the Original Contract as Previously Amended remain in effect except for the specific provisions modified by this Contract Second Amendment. Page 2 of 4 Pages CONTROLLER'S APPROVAL SPECIAL PROVISIONS 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 ntbney order payable to the Treasurer of the State of Colorado may he 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 fors 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 pag of 4 pages EIAF - #2530 (SECOND AMENDMENT) (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) 0!1 C 4 CITY OF 46LO, COLORADO By Joyce R. Lawrence Position (Title) PRESIDENT, CITY COUNCIL 84- 6000615 Social Security Number or Federal I.D. Number If Corporation: Attest (Seal) By 11 _`�orate Secrets . or Equivalent, Town/City/County Clerk STATE OF COLORADO ROY R ER, nLSL By •5 EXECU VE RECTO QQ DEPARTMENT OF GALE A. NORTON APPROVALS ATTORN Y EY / G :ORAL CONTROLLER By ` Z cGt '/ By Q it>R *. ALL ALVIN E. M ASSENBURG '1 Form 6 -AC- t1A"Stant Attorney General 4 n r ' Revised 1193 Page which is the last of 4 pages 595- 53 -01 -t0 3Q enerW Legal Se vims 'See instructions on reverse side. LOCAL AFFAIRS bAF - #2530 Severance Tax CONTRACT DEPARTMENT OR AGENCY NAA CONTRACT ROUTING NUMBER . GRANT BUDGET LINE � Ccrr 5104 -*� 3G0 D 3 THIS CONTRACT, made this day of 1992, by and between the State of Colorado for the use and benefit of the Department of I al A irs 1313 Sherman Street Denver, Colorado 80203 , hereinafter referred to as the State, and the City of Pueblo, No. 1 City Hall Place, Pueblo, Colorado 81003 , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance there of remains available for payment in Fund Number 1 , Appropriation Code I a , Org. Number FF>.& Contract Encumbrance Number CA5 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy resource industries in Colorado; and WHEREAS, pursuant to 39 -29 -101 to 115 C.R.S., 1982, Rep. Vol., the Local Government Severance Tax Fund is created, which is to be administered by the Department of Local Affairs; and WHEREAS, applications for distributions from the Local Government Severance Tax Fund have been received by the Department of Local Affairs; and WHEREAS, the Executive Director desires to distribute said funds pursuant to law; and WHEREAS, the Contractor is an eligible political subdivision to receive impact assistance from the Local Government Severance Tax Fund; NOW THEREFORE it is hereby agreed that: 1. Area Covered The Contractor shall perform and accomplish all the necessary work and services provided under this Contract, as described in the attached Exhibit A, which is incorporated herein and made part of this Contract by reference, in connection with and respecting the following area or areas: Pueblo. Colorado 2. Scooe of Services In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services ", set forth in the attached Exhibit A, hereinafter referred to as the "Project ". Work performed prior to the execution of this Contract shall not be considered part of this Project. 3. Responsible Administrator The performance of the services required hereunder shall be under the direct supervision of James Munch , an employee or agent of Contractor, who is hereby designated as the administrator -in- charge of this Project. At any time the administrator -in- charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in- charge and the State receives notification of such replacement assignment. 4. Time of Performance This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall not be eligible expenditures. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Time of Performance. 5. Compensation and Method of Payment The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed TWO HUNDRED THOUSAND AND NO /100 - Dollars ( $200.000.00 ). The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. Page 1 of 6 pages 6. Accounting At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the `Budget` set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget without approval of the State. 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 5 above. a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State. b. The Contractor shall request the final payment, which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed costs accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds received by the Contractor have been properly spent towards accomplish- ment of the Project, the State shall promptly make final payment to the Contractor. C. Within ninety (90) days of completion of the Project, the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time. 7. Audit The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) 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. Whether or not the State calls for a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single fiscal year of the Contractor, the Contractor shall, at the conclusion of the Project, and in addition to any other reports required, submit a report and auditor's statement of the Project account to the Office of Impact Assistance in the Department of Local Affairs, Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year. 8. Personnel The Contractor represents that he has, or will secure at his own expense, unless otherwise stated in Exhibit A, all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employee benefits, unemployment compensation or any other benefits accorded to State employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully, qualified and shall be authorized under State and local law to perform such services. 9. 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 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, 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. Nothwithstanding 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. Page 2 of 6 Pages 10. 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 to 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 as described in Paragraph 9 above 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 K less than sixty percent (60 %) of the services covered by this Contract have been performed 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 services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply. 11. Changes The State may, from time to time, require changes in the scope of services 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 any 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 time of performance may be agreed to by letter if so provided for in Exhibit A, and Contractor may make adjustments of less than ten percent (10 %) in budget line items as provided for in Paragraph 6 of this Contract. 12. Reports At least two (2) copies of all reports prepared as a result of the Project will be submitted to the Office of Impact Assistance in the Department of Local Affairs within two (2) weeks of completion of such reports. 13. Employment Referrals The Contractor shall accept and require that all subcontractors accept, from either the Job Training Partnership Act Service Delivery Area employment and training agency or the Job Service Center in the area, referrals as candidates for filling vacant job positions supported by or created as a result of funds provided by the State under this Contract. 14. 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: 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). Page 3 of 6 Pages d. In the event a conflict of interest, as described in this Paragraph 14, 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 9 above. Failure to file�a disclosure statement required by this Paragraph 14 shall constitute grounds for termination of this Contract for cause by the State. 15. 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. 16. 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. 17. Binding on Successors Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 18. Assignment Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other parry. 19. Limitation to Particular Funds The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. 20. Minority Business Enterprise Participation It is the policy of the State of Colorado that minority business enterprises 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 this Contract. As used in this Contract, the term "minority business enterprise" means a business, at least 50 percent (50 %) of which is owned by minority group members or, in the case of publicly owned businesses, at least 51 percent (51 %) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish- speaking Americans, Asian Americans, American -I ndians,- -American -Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent investigation. 21. Workmen's Compensation Coverage The Contractor is responsible for providing Workmen's Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage or requiring its subcontractors to provide such coverage for the subcontractor's employees. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this Agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 22. 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 or 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. Page 4 of 6 Pages Revised 12/89 Form 6- AC -02B 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 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 .works for this State, the contractor shall, before entering the performance of any such work included in this contract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract. and in addition, shall provide that if the contractor or his subcontractors fail to duly pa% for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight percent per annum Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audiied, allowed or paid. A certified or cashiers check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38 -26 -106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized by law. the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24 -34 -402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirma- tive Action, dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub- controcts. During the performance of this contract, the contractor agrees as follows: (I ) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other fortes 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 pro- vided by the contracting officer setting forth provisions of this non - discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand- ing, 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. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor 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. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be dis- criminatory 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. 395 -53 -01 -1022 Revised 1/88 page 5 of 6 pages Dc- W-2306&-88 EIAF - X12530 Form 6 -AC -02C (7) In the event of the contractor's non - compliance with the non - discrimination clauses of this contractor or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such 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. (8) The contractor will include the provisions of paragraph (1) through (8) 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 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in pan by State funds. b. When construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is deter- mined by the officer responsible for aN arding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be avail. able or would otherwise be inconsistent with requirements of federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8 -19 -101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws. rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in pan shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with I8 -8 -301, et. seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office). CRS 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor. (Full Legal Name) STATE OF COLORADO CITY OF PUEBLO C OLORADO ROY OMER, OR By By •5 EXEC vE DIRECTOR Position (Title) MAYOR 1 84- 6000615 Social security Number or Federal I.D. Number (If Corporation:) DEPARTMENT OF LOCAL AFFAIRS APPROVALS CONT O 1 Pate 6 which is the last oi 6 pates 395 -53 -01 -1030 (Revised 188) •see instructions on reverse side. DC- 10- 2305.18 Attest (Seal) By Corporate secretary, or Equivalent. To-n/C "County Clerk EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE EIAF - #2530 1. Scope of Services EXHIBIT A The Project consists of the construction of a 20,000- square foot community senior citizens center on City-owned property in downtown Pueblo, Colorado. The City of Pueblo (Contractor) will own and maintain the facility, which will include areas for educational, health care, recreational and community activities, a centralized kitchen and administrative offices. Impact Assistance funds in the ` omount of- $200;000 - will partially finance Project costs. The Contractor is expected to provide'$866;II00'in Project funding, and in any event, is responsible for all Project costs in excess of N42 'n Impact Assistance grant funds. { Construction plans and specifications will be drawn up by a qualified architect or engineer licensed in the State of Colorado and hired by the Contractor through a competitive selection process. A construction contract will be awarded to a qualified construction firm through a formal public bid process with the Contractor being obligated to award the contract to the lowest responsible bidder meeting the Contractor's specifications. Copies of any and all contracts entered into by the Contractor in order to accomplish this Project will be submitted to the Department of Local Affairs, Field Services Section, 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. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non - discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of the main body of this Contract, the Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants, or subcontractors under this Contract. The Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of the Contract and applicable statutes. 2. Time of Performance The Project shall commence upon the full and proper execution of this Contract. The Project shall be completed on or before December 31, 1993. However, the Project time of performance may be extended, subject to the mutual agreement of the State and Contractor. To initiate an extension, a written request for extension of the Project time of performance shall be submitted to the State by the Contractor at least thirty (30) days prior to December 31, 199,eand shall include a full justification for the extension request. 3. Budget / REVENUE 7 EXPENDITURES / S r Impact Assistance Funds $- 200,000— Site Preparation $ -28= Contractor Funds - �A9;� Building Construction Architectural /Engineering TOTAL 41 -- TOTAL $4,000,= Page 1 of 2 pages v EIAF - #2530 EXHIBIT A 4. Pavment Schedule a. $100,000 Initial payment to be made within thirty (30) days of the date of execution of this Contract. b. 85,000 In approximately one (1) interim payment reimbursing the Contractor for actual expenditures made in the performance of this Contract. Payment will be based upon property documented financial and narrative status reports detailing expenditures made to date. C. Final payment to be made upon the completion of the Project. The Contractor will submit a final financial and narrative status report documenting the expenditure of all Impact Assistance funds for which payment has been requested. $200,000 TOTAL All requests for payment after the first payment will be initiated by the Contractor in accordance with the provisions in Paragraph 6 of the main body of this Contract. 5. Contract Monitoring The Department of Local Affairs will monitor the Project on an as- needed basis. 6. Resorting Schedule The Contractor will submit financial and narrative status reports detailing Project progress and properly documenting all to-date expenditures of Impact Assistance funds at the time payment requests are made, in accordance with the payment schedule. Page 2 of 2 pages