TC Res. No. 2009-16 NOTTINGHAM POWER PLANTTOWN OF AVON
RESOLUTION No. 09 -16
SERIES of 2009
A RESOLUTION APPROVING A CONTRACT BETWEEN THE COLORADO
HISTORICAL SOCIETY AND THE TOWN OF AVON, AND SETTING FORTH
DETAILS IN REGARDS THERETO
W HEREAS, the Town of Avon is the owner in fee simple of Tract C, Nottingham Station,
located in the Town of Avon, Eagle County, Colorado; which property has been listed in the
State Register of Historic Properties as the Nottingham Power Plant; and
W HEREAS, the Avon Historic Preservation Committee submitted an application to the State
Historical Fund grant award program for the restoration of the Nottingham Power Plant; and
W HEREAS, the State has approved the grant application and has prepared CONTRACT
#2009 -M2 -004 ( "the Contract "), which provides a grant not to exceed twenty thousand, four
hundred seventy -three dollars ($20,473); and
W HEREAS, a resolution by the Avon Town Council formally approving the Contract and
authorizing the proper signature to be affixed to the Contract indicating such approval is
required by the State of Colorado;
N OW, THEREFORE, BE IT RESOLVED, the Avon Town�C�Uncll her
and conditions and obligations of the Contract and her ysauthorizes the
to sign the Contract on behalf of the Town of Avon. G
,, _ u�
ADOPTED THIS a — DAY OF APRIL, 20'
TOWN COUNCIL
T C ORADO
ATT T.
C ac,� c
Ronald C. Wolfe Patty enny
Honorable Mayor, Town o Avon To CI rk, Town f A
approves the terms
ppropriate authority
Form (R 5/98)
CONTRACT #2009 -M2 -004
THIS CONTRACT, Made this day of , by and between the State of Colorado for the
use and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter
referred to as the State and /or the Society, and the Town of Avon, PO Box 975, Avon, Colorado 81620, 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
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, Article 12- 47.1 -1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article XVIII of the state
constitution, provide for the annual distribution of monies from the State Historical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award for acquisition and
development projects with cumulative grant awards over $10,000; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the "Project "; and
WHEREAS, the Contractor is a public entity and the owner in fee simple of certain real property in Eagle County, Colorado, which property has
been listed in the State Register of Historic Properties as the Nottingham Power Plant located at Along the banks of the Eagle River,
between Stonebridge Drive and Avon Road, Avon, Colorado, hereinafter referred to as the "Property," and which Property is more
particularly described as follows:
TRACT C BK -0672 PG -0130 MAP 07 -27 -95 BK -0672 PG -0138 SWD 07 -25 -95 R200623763 EAS 08 -30 -06
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of Project #2009 -M2 -004 "Exterior Restoration" in
accordance with the Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications developed prior
to or during the contract period, which are hereby made a part of this Contract by reference.
2. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the deliverables listed in
Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standarzls for Arzbaeology acrd
Historic Preservation. Contractor shall perform any and all survey activities and submittals in accordance with Survey Manual and
How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any
and all survey activities and projects (copies of which are available through the Society).
3. RIGHT OF USE: All copyrightable materials and /or submittals developed or produced under this contract are subject to a
royalty-free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare derivative
works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use,
the work or works for Society and /or State Historical Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from May 15, 2009 through May 15, 2011.
The performance of the 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 Administrator. The performance of the work rnzrstbe completed no later than
thirty (30) days prior to the Contract ending date.
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5. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to
on time delivery of completion of the milestones contained in the List of SnGmittalr set forth in Exhibit C, the State shall pay to
the Contractor a grant not to exceed twenty thousand, four hundred seventy -three dollars ($20,473.00).
Unless otherwise specified in Exhibit C, the State shall advance forty- percent (40 %) of the total grant amount upon proper
execution of this contract and upon submission of a SHF Payment Request, fifty- percent (50 9 /6) will be paid to the Contractor
upon submission and approval of the Interim SHF Financial Report. The remaining ten - percent (10 %) of the grant amount shall
be paid following Contractor's submission and the State's approval of the Final SHF Financial Report and SHF Payment Request
Form (Attachments 1 and 2). All payments are subject to the satisfactory completion of milestones described in Exhibit C and
submission by Contractor of either documented proof or certification of expenditures with each financial report.
Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State
reimbursement. If the Project involves matching funds the SHF may allow prior expenditures in furtherance of the Scope of
Irlotk to be counted as part of such matching funds.
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
Bud
get set forth in Exhibit B. Contractor may adjust budgeted expenditure amounts up to ten percent (10 1 /o) within said Budget
without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure
amounts in excess of ten percent (10 1 /6) must be authorized by the State. In no event shall the State's total financial obligation
exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to
eligible project expenditures, and will be deducted from the final payment.
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 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: 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 SHALL BE 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 WI-IC-N DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING. ALL OF THE SERVICES REQUIRED
HEREUNDER SHALL BE PERFORMED BY THE CONTRACTOR OR UNDER ITS SUPERVISION.
REPRESENTATIVES AND 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, who are also the designated representatives for the project.
Any party may from time to time designate in writing substitute addresses or persons to whom such notices sliall be sent.
To the State: Steven W. Turner
Director
Colorado Historical Society
State Historical Fund
225 East 16th Avenue, Suite 950
Denver, Colorado 80203 -1620
To the Contractor: Mr. Matt Pielsticker
Community Development
Town of Avon
PO Box 975
Avon, Colorado 81620
10. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in, or denied 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.
11. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society with copies of
any archaeological surveys developed during the course of, or under a project financed either wholly or in part by the Society.
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Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other information
concerning the nature and location of archaeological resources, in strict accordance with the provisions of the Colorado
Historical Society, Office of Archaeology and Historic Preservation, Dissemination of Cultural Resource; Policy and Procedures,
adopted October 1991 (Revised Nov. 2004 a copy of which is available from the Society.
12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project which
document the progress of the Project, and SHF Financial Repoi-ts (Attachment 1) as described and at the times in the List of
Subtrrittals (Exhibit C)
13. MATCHING FUNDS: 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 B. 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.
If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro -rata share of the unexpended budget.
14. CONSULTANTS /SITE VISITS: The State may:
a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines;
b. 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 14 shall not relieve the Contractor of any of its Contract obligations
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and similar materials funded under this
Contract, a credit line shall be included that reads: "This project is /was paid for in part by a State Historical Fund grant from the
Colorado Historical Society." In addition, the Society reserves the right to require that the following sentence be included in any
publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily
reflect the views or policies of the Colorado Historical Society".
16. PRESERVATION OF PROPERTY: The Contractor hereby agrees to the following for a period of five (5) years commencing
on the date of this Agreement.
a. Without the express written permission of the Society, no construction, alteration, movement, relocation 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
the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing 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
" Standardf'. In all events, the Contractor 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.
b. In the event of severe damage or total destruction to the Property (defined, for the purpose of this Agreement, as sudden
damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other similar casualty) not due
to the fault of the Contractor this Agreement shall terminate as of the date of such damage or destruction.
c. 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.
d. 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 attorneys fees incurred as a result
of any act or omission by the property owner, or its employees, agents, subcontractors, or assignees pursuant to the terms of
this contract.
17. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise
available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform
the duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean
significant, insufficient, incorrect, or improper performance, activities, or inaction by the Contractor. These remedial actions are
as follows:
a. Suspend the Contractor's performance pending necessary corrective action as specified by the State without Contractor's
entitlement to adjustment in price /cost or schedule; and /or
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b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in
accordance with the Standards, the SHF Grants Manual and /or the terms and conditions of this Contract, and /or
c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract
the State deems to be contrary to the public interest or not in the best interest of the State; and /or
d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by
the Contractor cannot be performed, or if performed would be of no value to the State. Denial of the amount of payment
must be reasonably related to the value of work or performance lost to the State; and /or
e. Declare all or part of the work ineligible for reimbursement; and /or
f. 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 Contractor 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.
g. Terminate the contract for default.
18. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of
them individually or simultaneously.
19. TERMINATION OF CONTRACT FOR DEFAULT: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its 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 default by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, products, submittals, 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, 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 are determined.
20. TERMINATION BY 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 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.
21. CHANGES: 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, modifications to Exhibit A (Scope of Work) and /or to Exhibit C (List of Submittals) may be approved by letter of
agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of
funds payable under the contract, as set forth in Paragraph 5, or the contract period, as set forth in Paragraph 4, unless such
changes are embodied in a written contract amendment executed and approved pursuant to the State's Fiscal Rules.
22. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this
contract which would constitute a conflict of interest under any applicable State or Federal law.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
24. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision
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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: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties.
27. 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.
28. BOND REQUIREMENT: 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,
provender 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.
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1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1).
This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24- 30- 202(5.5).
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.
3. GOVERMENTAL IMMUNITY.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 1346(6) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and
its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except
as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW.
Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW.
Colorado Iaw, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to
negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference
shall be null and void.
S. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS 24 -18 -201 and 24 -50 -507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and
Contractor shall not employee any person having such known interests.
10. VENDOR OFFSET. CRS 24 -30 -202 (1) and 24 -30- 202.4. (NotApplicable to intergovernmental contracts]
Subject to CRS 24-30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child
support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS 39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS 8 -17.5 -101. [Not Applicable to agreements relating to the offer, issuance, or sale ofsecurities, invesunent advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract through participation in the E- Verify Program
or the Department program established pursuant to CRS 8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contric
or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS 8 -17.5- 102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq., the contracting State agency,
institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24 -76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS 24 -76.5 -101 et
seq., and (c) has produced one form of identification required by CRS 24 -76.5 -103 prior to the effective date of this contract.
Revised January 1, 2009
2 ^d Revision March 10, 2009
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(The Special Provisions apply to all contracts except where noted in italics
CONTRACTOR:
(Grant Recipient)
Town of Avon
Leg a e of Contra c ' Entity
r
*Signature of Authorized Officer
Date
Print Name of Authorize Officer
' j rc—
Print Title uthorized Officer
STATE OF COLORADO
Bill Ritter, Jr., GOVERNOR
BY:
Executive Director or Designee
Edward C. Nichols, President
Colorado Historical Society
Date:
Department of Higher Education
STATE HISTORICAL FUND
BY:
Steven W. Turner, Director
Date:
WAIVER CONTRACT REVIEWER
BY:
Contracts Officer or Designee
Janette Vigil, State Historical Fund
Date:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay
Contractor for such performances or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
BY:
Susan S. Riehl
CHS, Chief Financial Officer
June 10, 2008
Y: \Document\ 19140614.doc
Approval /Contract C Includes Letter of Agreement
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`Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
Town of Avon Exhibit A
Exterior Restoration
Project #2009 -M2 -004
SCOPE OF WORK
I. Project Purpose: The purpose of this project is the stabilization of the Nottingham Power Plant in
Avon.
II. Scope of Work is as follows:
A. Monitor the site by an archaeologist
1. Monitor ground disturbances.
2. Photograph and record artifacts.
3. Document findings.
B. Site preparation
1. Remove walls from site.
2. Excavate the site by hand and dewatering.
C. Timber preparation
1. Use cribbing and jack stands to raise the timbers.
2. Set timbers to the side.
3. Determine the correct alignment of the timbers.
4. Pour concrete piers and let cure for 7 days.
5. Drill holes for the piers and place in holes.
6. Form grade beams.
7. Add color and texture to the concrete.
8. Pour the concrete and let cure for 14 days.
9. Put timbers on the concrete structure.
D. Site for the walls
1. Pour concrete piers and let cure for seven days
2. Drill holes for the piers.
3. Form grade beams.
4. Place pipe sleeves as support for the walls in the grade beams.
5. Add color and texture to the concrete.
6. Pour the concrete and let cure for 14 days.
E. Return the restored water wheel to the site
1. Put the water wheel in place.
2. Attach drive line to water wheel.
3. Level and align gears.
4. Set north and west wall on pipe sleeves.
In accordance with Section 12- 47.1 -12 -1 C.R.S. (1999) The Limited Gaming Act which authorizes the
Colorado Historical Society to administer the State Historical Fund as a statewide grants program.
H: \Contracts \2009 \09M2004 Exhibit A.doc
Page 1 of 1 page
Town of Avon
Exterior Restoration
Project # 2009 -M2 -004
PROJECT BUDGET
GRANT
TASK REQUEST
A. Archaeology
1. Monitor ground disturbance in all areas
2. Photograph /record artifacts
3. Document findings
Exhibit B
CASH PROJECT
MATCH TOTAL
$591
$197
$788
$75
$25
$100
$121
$40
$161
Subtotal A
,$'787
,$262
$1,049
B. Site Preparation
1. Remove walls from site
$75
$25
$100
2. Excavate the site by hand and dewatering
$75
$25
$100
Subtotal B
,$ 150
s$50
,$200
C. Timber Preparation
1. Use cribbing and jack stands to raise timbers
$1,172
$390
$1,562
2. Set timbers to the side
$75
$25
$100
3. Determine the correct alignment of timbers
$75
$25
$100
4. Pour concrete piers and let cure for 7 days
$2,343
$782
$3,125
5. Drill holes for the concrete piers
$1,500
$500
$2,000
6. Form grade beams
$750
$250
$1,000
7. Add color and texture to the concrete
$incl.
$incl.
$incl.
8. Pour concrete and let cure for 14 days
$2,343
$782
$3,125
9. Put timbers on the concrete structure
$1,172
$390
$1,562
Subtotal C
,$9,430
,$3,144
,$12,574
Page 1 of 2 page
Town of Avon
Exterior Restoration
Project # 2009 -M2 -004
Exhibit B
D. Site for the Walls
,$98,528
,$6,995
$24,723
1. Pour concrete piers and let cure for 7 days
$2,343
$782
$3,125
2. Drill holes for piers
$1,500
$500
$2,000
3. Form grade beams
$750
$250
$1,000
4. Place pipe sleeves as support for the walls
$75
$25
$100
in the grade beams
$20,473
$6,844
$27,317
5. Add color and texture to the concrete
$incl.
$incl.
$incl.
6. Pour concrete and let cure for 14 days
$2,343
$782
$3,125
Subtotal D
.$7,091
$2,339
$9,350
E. Return the restored water wheel to site
1. Put water wheel in place
$375
$125
$500
2. Attach drive line to water wheel
$200
$75
$275
3. Level and align gears
$200
$75
$275
4. Set north and west wall on pipe sleeves
$375
$125
$500
Subtotal E $1,150 $400 $9,550
SubtotalA -E
,$98,528
,$6,995
$24,723
G. Project Administration
$834
$278
$1,112
Project Subtotal
$99,362
,$6,473
$25,835
F. Contingency ( *)
$1,111
$371
$1,482
PROJECT TOTALS
$20,473
$6,844
$27,317
Grant /Cash Match Ratio
75%
25%
* Contingency — Cannot be used without prior
written approval by SHF Staff.
H: \Contracts \2009 \09M2004 Exhibit B.doc
Page 2 of 2 page
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
Exhibit C
LIST OF SUBMITTALS
Project Reports
Project Reports
Due Date
Advance payment of grant
award $7,745.
a. Payment Request Form (Attachment 2). N/A
Deliverables #1 -3, #15 below must be reviewed
and approved before Advance payment is made.
b. Progress Report # 1
c. Progress Report # 2
August 1, 2009
November 1, 2009
d. Interim Financial Report (Attachment 1). February 1, 2010 **
Deliverables #4 -9 below must be reviewed and
approved before Interim payment is made.
e. Progress Report # 3 May 1, 2010
f. Progress Report # 4 August 1, 2010
Society Response
g. Final Financial Report (Attachment 1) November 1, 2010 * **
Review*
Review*
Review & Approve.
Interim payment of grant
award $9,681 plus any
approved contingency * * **
Review*
Review*
Review & Approve.
Final Reimbursement of
grant award $1,936 plus
any approved contingency
* * **
*At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim financial report due date is a guideline. Please submit Interim financial report when majority of
advance has been expended and you are ready for the next payment.
* ** Project period ends All Deliverables due on or before this date.
* ** *Payment breakout does not include contingency. If contingency is approved, it could be added to Interim
Payment /Final Reimbursement.
PROJECT DELIVERABLES
Submit the following Project Deliverables 1 -9 before commencement of treatments (construction).
Project Deliverables Society Response
1. Before /Existing condition photos of areas affected Review /Comment and or Approve
by Scope of Work
2. Historical photos/ documentation of areas to be treated Review /Comment and or Approve
Page 1 of 2 pages
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
3. Subcontract copy — Architect /Engineer
4. Initial Consultation with SHF Historic Preservation
Specialist within 60 days of contract start date
5. Evidence of consultation with COE /environmental agency
6. Construction Documents / Plans and Specifications
7. Subcontract copy — Archaeologist
8. Subcontract copy — Contractor
9. Preconstruction meeting with the SHF Historic
Preservation Specialist
10. Interim meeting with SHF Historic Preservation
Specialist
11. OAHP Archaeological Site Forms
12. Copy of Archaeological Report
13. After photos of areas affected by Scope of Work
14. Documentation of Professional /Public Outreach
15. Letter of Agreement /Memorandum of Understanding
(LOA /MOU) between the Grant recipient and the Property Owner
Exhibit C
Review /Comment and or Approve
Review /Comment and or Approve
Review/ Comment and or Approve
Review/ Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
H: \Contracts \2009 \09M2004 Exhibit C.doc
Page 2 of 2 pages
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STATE HISTORICAL FUND
PAYMENT REQUEST
Grant Recipient:
Project Title:
Total Amount Awarded:
As the authorized representative of the
Date:
Attachment 2
Project Number:
Contract
GnntRecipient
I hereby state that the above project is presently under contract with the Colorado Historical Society, State Historical Fund, and
request (complete only one section
ADVANCE PAYMENT REQUEST
An Advance Payment of no more than forty percent (40 %) of the total grant award. I further state that work has
begun or will begin within the next two weeks on the project; and that an advance payment is necessary to proceed
with the Scope of Work.
INTERIM PAYMENT REQUEST (Initial one or both lines, as applicable)
An Interim Payment of no more than fifty percent (50 %) of the total grant award. I further state that any advance
payment received to date has been fully expended, and that an interim payment is necessary to continue with the Scope
of Work.
AND
Enclosed is a SHF Interim Financial Report as required by contract, Exhibit C, and the required documentation or
certification of expenditures (payment will NOT be considered without a financial report).
EASEMENT FEE PAYMENT REQUEST (Initial one or both lines, as applicable)
Enclosed is an Invoice for the Easement Negotiation fee. I further state that we will negotiate in good faith and make
every effort to fully execute an easement with the property owner.
AND /OR
Enclosed is an Invoice for the Easement fee. I Farther state that the easement has been fully executed, recorded, and
submitted to the State Historical Fund.
.FINAL PAYMENT REQUEST (Must initial both lines)
A Final Payment of the remaining balance of award, minus interest earned.
AND
Enclosed is a SHIT Final Financial Report and required documentation or certification of expenditures (payment will
NOT be considered without a financial report)
I understand that the FINAL PAYIVIENT is a reimbursement, and further state that all invoices and bills reported on the Final
Financial report have been PAID IN FULL.
Signature of Grant Recipient / Project Director
Date
>sa s i > sa i a as a s a r
DO NOT WRITE IN THIS AREA
Approved for Payment
a ,
a:
a r>
H: \Manuals \Contracts Manuals \Attachments \sI -IF Pay Request Aft 2 `Rev 8- 2007.doc
Rev 8/2007
Form I OR 5/98)
CONTRACT #2009 -M2 -004
TIIS CONTRACT, Made this day of , by and between the State of Colorado for the
use and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter
referred to as the State and /or the Society, and the Town of Avon, PO Box 975, Avon, Colorado 81620, 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
in Fund Number 401, Appropriation Account 401 and Organization SI-iFG; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, Article 12- 47.1 -1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article XVIII of the state
constitution, provide for the annual distribution of monies from the State Historical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award for acquisition and
development projects with cumulative grant awards over $10,000; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the "Project "; and
WHEREAS, the Contractor is a public entity and the owner in fee simple of certain real property in Eagle County, Colorado, which property has
been listed in the State Register of Historic Properties as the Nottingham Power Plant located at Along the banks of the Eagle River,
between Stonebridge Drive and Avon Road, Avon, Colorado, hereinafter referred to as the "Property," and which Property is more
particularly described as follows:
TRACT C BK -0672 PG -0130 MAP 07 -27 -95 BK -0672 PG -0138 SWD 07 -25 -95 R200623763 EAS 08 -30 -06
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of Project #2009 -M2 -004 "Exterior Restoration" in
accordance with the Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications developed prior
to or during the contract period, which are hereby made a part of this Contract by reference.
2. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the deliverables listed in
Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Archaeology and
Historic Preservation. Contractor shall perform any and all survey activities and submittals in accordance with Survey Manual and
How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any
and all survey activities and projects (copies of which are available through the Society).
3. RIGHT OF USE: All copyrightable materials and /or submittals developed or produced under this contract are subject to a
royalty-free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare derivative
works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use,
the work or works for Society and /or State Historical Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from May 15, 2009 through May 15, 2011.
The performance of the 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 Administrator. The performance of the work must be completed no later than
thirty (30) days prior to the Contract ending date.
Page 1 of 7
5. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to
on time delivery of completion of the milestones contained in the List of Sn6mittalr set forth in Exhibit C, the State shall pay to
the Contractor a grant not to exceed twenty thousand, four hundred seventy-three dollars ($20,473.00).
Unless otherwise specified in Exhibit C, the State shall advance forty - percent (40 %) of the total grant amount upon proper
execution of this contract and upon submission of a SHF Payment Request, fifty- percent (50 %) will be paid to the Contractor
upon submission and approval of the Interim SHF Financial Report. The remaining ten - percent (10 %) of the grant amount shall
be paid following Contractor's submission and the State's approval of the Final SHF Financial Report and SHF Payment Request
Form (Attachments 1 and 2). All payments are subject to the satisfactory completion of milestones described in Exhibit C and
submission by Contractor of either documented proof or certification of expenditures with each financial report.
Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State
reimbursement. If the Project involves matching funds the SHF may allow prior expenditures in furtherance of the Scope of
Lrlork to be counted as part of such matching funds.
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 B. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget
without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure
amounts in excess of ten percent (10 %) must be authorized by the State. In no event shall the State's total financial obligation
exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to
eligible project expenditures, and will be deducted from the final payment.
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 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.
8. PARTIES RELATIONSHIP: 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 SHALL BE 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 WIN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING. ALL OF THE SERVICES REQUIRED
HEREUNDER SHALL BE PERFORMED BY TIC CONTRACTOR OR UNDER ITS SUPERVISION.
9. REPRESENTATIVES AND 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, who are also the designated representatives for the project.
Any party may from time to time designate in writing substitute addresses or persuns to whuin such notices shall be sent.
To the State: Steven W. Turner
Director
Colorado Historical Society
State Historical Fund
225 East 161 Avenue, Suite 950
Denver, Colorado 80203 -1620
To the Contractor: Mr. Matt Pielsticker
Community Development
Town of Avon
PO Box 975
Avon, Colorado 81620
10. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in, or denied 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.
11. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society with copies of
any archaeological surveys developed during the course of, or under a project financed either wholly or in part by the Society.
Page 2 of 7
Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other information
concerning the nature and location of archaeological resources, in strict accordance with the provisions of the Colorado
Historical Society, Office of Archaeology and historic Preservation, Dissemination of Cultural Resource; Policy and Procedures,
adopted October 1991 (Revised Nov. 2002), a copy of which is available from the Society.
12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project which
document the progress of the Project, and SHF Financial Repots (Attachment 1) as described and at the times in the List of
Submittals (Exhibit C).
13. MATCHING FUNDS: 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 B. 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.
If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro -rata share of the unexpended budget.
14. CONSULTANTS /SITE VISITS: The State may:
a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines;
b. 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 14 shall not relieve the Contractor of any of its Contract obligations
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and similar materials funded under this
Contract, a credit line shall be included that reads: "This project is /was paid for in part by a State Historical Fund grant from the
Colorado Historical Society." In addition, the Society reserves the right to require that the following sentence be included in any
publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily
reflect the views or policies of the Colorado Historical Society".
16. PRESERVATION OF PROPERTY: The Contractor hereby agrees to the following for a period of five (5) years commencing
on the date of this Agreement.
a. Without the express written permission of the Society, no construction, alteration, movement, relocation 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 far
the Treatment of Historic Properties and the Guidelines for Ptesetvhi , Rehabilitating, Restofih& and Reconstructing Historic Bilildings, 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 Contractor 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.
b. In the event of severe damage or total destruction to the Property (defined, for the purpose of this Agreement, as sudden
damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other similar casualty) not due
to the fault of the Contractor this Agreement shall terminate as of the date of such damage or destruction.
c. 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.
d. 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 attorneys fees incurred as a result
of any act or omission by the property owner, or its employees, agents, subcontractors, or assignees pursuant to the terms of
this contract.
17. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise
available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform
the duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean
significant, insufficient, incorrect, or improper performance, activities, or inaction by the Contractor. These remedial actions are
as follows:
a. Suspend the Contractor's performance pending necessary corrective action as specified by the State without Contractor's
entitlement to adjustment in price /cost or schedule; and /or
Page 3 of 7
b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in
accordance with the Standards, the SHF Grants Manual and /or the terms and conditions of this Contract; and /or
c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract
the State deems to be contrary to the public interest or not in the best interest of the State; and /or
d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by
the Contractor cannot be performed, or if performed would be of no value to the State. Denial of the amount of payment
must be reasonably related to the value of work or performance lost to the State; and /or
e. Declare all or part of the work ineligible for reimbursement; and /or
f. 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 Contractor 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.
g. Terminate the contract for default.
18. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of
them individually or simultaneously.
19. TERMINATION OF CONTRACT FOR DEFAULT: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its 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 default by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, products, submittals, 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, 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 are determined.
20. TERMINATION BY 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 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.
21. CHANGES: 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, modifications to Exhibit A (Scope of Work) and /or to Exhibit C (List of Submittals) may be approved by letter of
agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of
funds payable under the contract, as set forth in Paragraph 5, or the contract period, as set forth in Paragraph 4, unless such
changes are embodied in a written contract amendment executed and approved pursuant to the State's Fiscal Rules.
22. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this
contract which would constitute a conflict of interest under any applicable State or Federal law.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
24. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision
Page 4 of 7
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: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties.
27. 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.
28. BOND REQUIREMENT: 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,
provender 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.
Page 5 of 7
1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1).
This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24- 30- 202(5.5).
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.
3. GOVERMENTAL IMMUNITY.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee o£ Contractor shall be deemed to
be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and
its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except
as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW.
Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to
negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference
shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS 24 -18 -201 and 24 -50 -507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and
Contractor shall not employee any person having such known interests.
10. VENDOR OFFSET. CRS 24 -30 -202 (1) and 24- 30- 202.4. (NotApplicable to intergovernmental contracts/
Subject to CRS 24-30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child
support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS 39 -21 -101, et seq.; (e) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS 8 -17.5 -101. [Not Applicable to agreements relating to the offer issuance, or sale ofsecurities, investmentadvisory
services or fund management services, sponsored projects, intergovernmental agreements, or information technology services orproducts and services]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to nerfonn work under this contract through participation in the E- Verify Program
or the Department program established pursuant to CRS 8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract
or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract Contractor (a) shall not use I1 Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS 8 -17.5- 102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq., the contracting State agency,
institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24 -76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS 24 -76.5 -101 et
seq., and (c) has produced one form of identification required by CRS 24-76.5 -103 prior to the effective date of this contract.
Revised January 1, 2009
2 ^a Revision March 10, 2009
Page 6 of 7
(The Special Provisions apply to all contracts except where noted in italics.)
CONTRACTOR:
(Grant Recipient)
Town of Avon
Leg - axi e of Contrac Entity
1 , r
*Signature of Authorized Officer
`tIa8/O
Date
P6yLa- 1 ( C
Print Name of Authorized Officer
T°l jyt-
Print Title uthorized Officer
STATE OF COLORADO
Bill Ritter, Jr., GOVERNOR
BY:
Executive Director or Designee
Edward C. Nichols, President
Colorado Historical Society
Date:
Department of Higher Education
STATE HISTORICAL FUND
BY:
Steven W. Turner, Director
Date:
WAIVER CONTRACT REVIEWER
BY:
Contracts Officer or Designee
Janette Vigil, State Historical Fund
Date:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay
Contractor for such performances or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
BY:
Susan S. Riehl
CHS, Chief Financial Officer
June 10, 2008
Y: \Document\ 19140614. doc
Approval /Contract C Includes Letter of Agreement
Page 7 of 7
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
Town of Avon Exhibit A
Exterior Restoration
Project #2009 -M2 -004
SCOPE OF WORK
I. Project Purpose: The purpose of this project is the stabilization of the Nottingham Power Plant in
Avon.
II. Scope of Work is as follows:
A. Monitor the site by an archaeologist
1. Monitor ground disturbances.
2. Photograph and record artifacts.
3. Document findings.
B. Site preparation
1. Remove walls from site.
2. Excavate the site by hand and dewatering.
C. Timber preparation
1. Use cribbing and jack stands to raise the timbers.
2. Set timbers to the side.
3. Determine the correct alignment of the timbers.
4. Pour concrete piers and let cure for 7 days.
5. Drill holes for the piers and place in holes.
6. Form grade beams.
7. Add color and texture to the concrete.
S. Pour the concrete and let cure for 14 days.
9. Put timbers on the concrete structure.
D. Site for the walls
1. Pour concrete piers and let cure for seven days
2. Drill holes for the piers.
3. Form grade beams.
4. Place pipe sleeves as support for the walls in the grade beams.
5. Add color and texture to the concrete.
6. Pour the concrete and let cure for 14 days.
E. Return the restored water wheel to the site
1. Put the water wheel in place.
2. Attach drive line to water wheel.
3. Level and align gears.
4. Set north and west wall on pipe sleeves.
In accordance with Section 12- 47.1 -12 -1 C.R.S. (1999) The Limited Gaming Act which authorizes the
Colorado Historical Society to administer the State Historical Fund as a statewide grants program.
H: \Contracts \2009 \09M2004 Exhibit A.doc
Page 1 of 1 page
Town of Avon
Exterior Restoration
Project # 2009 -M2 -004
TASK
A. Archaeology
1. Monitor ground disturbance in all areas
2. Photograph /record artifacts
3. Document findings
Exhibit B
PROJECT BUDGET
GRANT
CASH
PROJECT
REQUEST
MATCH
TOTAL
$591
$197
$788
$75
$25
$100
$121
$40
$161
Subtotal A
B. Site Preparation
,$787 ,$262 x'1,049
1. Remove walls from site
$75
$25
$100
2. Excavate the site by hand and dewatering
$75
$25
$100
Subtotal B
150
,$50
,$200
C. Timber Preparation
1. Use cribbing and jack stands to raise timbers
$1,172
$390
$1,562
2. Set timbers to the side
$75
$25
$100
3. Determine the correct alignment of timbers
$75
$25
$100
4. Pour concrete piers and let cure for 7 days
$2,343
$782
$3,125
5. Drill holes for the concrete piers
$1,500
$500
$2,000
6. Form grade beams
$750
$250
$1000
7. Add color and texture to the concrete
$incl.
$incl.
$incl.
8. Pour concrete and let cure for 14 days
$2,343
$782
$3,125
9. Put timbers on the concrete structure
$1,172
$390
$1,562
Subtotal C
,$9,430
,$3,144
,$12,574
Page 1 of 2 page
Town of Avon
Exterior Resioration
Project # 2009 -M2 -004
Exhibit B
D. Site for the Walls
1. Pour concrete piers and let cure for 7 days
$2,343
$782
$3,125
2. Drill holes for piers
$1,500
$500
$2,000
3. Form grade beams
$750
$250
$1,000
4. Place pipe sleeves as support for the walls
$75
$25
$100
in the grade beams
5. Add color and texture to the concrete
$incl.
$incl.
$incl.
6. Pour concrete and let cure for 14 days
$2,343
$782
$3,125
Subtotal D
,$7,011
,$2,339
,$9,350
E. Return the restored water wheel to site
1. Put water wheel in place
$375
$125
$500
2. Attach drive line to water wheel
$200
$75
$275
3. Level and align gears
$200
$75
$275
4. Set north and west wall on pipe sleeves
$375
$125
$500
Subtotal E
,$1,150
,$'400
,$1,550
SubtotalA -E
,$18,528
,$6,195
,$24,723
G. Project Administration
$834
$278
$1,112
Project Subtotal ,$19,362 ,$6,473 ,$25,835
F. Contingency ( *) $1,111 $371 $1,482
PROJECT TOTALS $20,473 $6,844 $27,317
Grant /Cash Match Ratio 75% 25%
* Contingency — Cannot be used without prior written approval by SHF Staff.
H: \Contracts \2009 \09M2004 Exhibit B.doc
Page 2 of 2 page
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
Exhibit C
LIST OF SUBMITTALS
Project Reports
Project Reports
Due Date
Advance payment of grant
award $7,745.
a. Payment Request Form (Attachment 2). N/A
Deliverables #1 -3, #15 below must be reviewed
and approved before Advance payment is made.
b. Progress Report # 1
c. Progress Report # 2
August 1, 2009
November 1, 2009
d. Interim Financial Report (Attachment 1). February 1, 2010 **
Deliverables #4 -9 below must be reviewed and
approved before Interim payment is made.
e. Progress Report # 3 May 1, 2010
f. Progress Report # 4 August 1, 2010
Society Response
g. Final Financial Report (Attachment 1) November 1, 2010 * **
Review*
Review*
Review & Approve.
Interim payment of grant
award $9,681 plus any
approved contingency * * **
Review*
Review*
Review & Approve.
Final Reimbursement of
grant award $1,936 plus
any approved contingency
* * **
*At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim financial report due date is a guideline. Please submit Interim financial report when majority of
advance has been expended and you are ready for the next payment.
* ** Project period ends All Deliverables due on or before this date.
* ** *Payment breakout does not include contingency. If contingency is approved, it could be added to Interirn
Payment /Final Reimbursement.
PROJECT DELIVERABLES
Submit the following Project Deliverables 1 -9 before commencement of treatments (construction).
Project Deliverables Society Response
1. Before /Existing condition photos of areas affected Review /Comment and or Approve
by Scope of Work
2. Historical photos/ documentation of areas to be treated Review /Comment and or Approve
Page 1 of 2 pages
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
3. Subcontract copy — Architect /Engineer
4. Initial Consultation with SHF Historic Preservation
Specialist within 60 days of contract start date
5. Evidence of consultation with COE /environmental agency
6. Construction Documents / Plans and Specifications
7. Subcontract copy — Archaeologist
S. Subcontract copy — Contractor
9. Preconstruction meeting with the SHF Historic
Preservation Specialist
10. Interim meeting with SHF Historic Preservation
Specialist
11. OAHP Archaeological Site Fours
12. Copy of Archaeological Report
13. After photos of areas affected by Scope of Work
14. Documentation of Professional /Public Outreach
15. Letter of Agreement /Memorandum of Understanding
(LOA /MOU) between the Grant recipient and the Property Owner
Exhibit C
Review /Comment and or Approve
Review /Comment and or Approve
Review/ Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
H: \Contracts \2009 \09M2004 Exhibit C.doc
Page 2 of 2 pages
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STATE HISTORICAL FUND
PAYMENT REQUEST
Grant Recipient: Date:
Project Title:
Total Amount Awarded:
Attachment 2
Project Number:
Contract Period:
As the authorized representative of the
GrantRecipient
I hereby state that the above project is presently under contract with the Colorado Historical Society, State Historical Fund, and
request (complete only one section :).
ADVANCE PAYMENT REQUEST
An Advance Payment of no more than forty percent (40 %) of the total grant award. I further state that work has
begun or will begin within the next two weeks on the project, and that an advance payment is necessary to proceed
with the Scope of Work.
INTERIM PAYMENT REQUEST (Initial one or both lines, as applicable)
An Interim Payment of no more than fifty percent (50 %) of the total grant award. I further state that any advance
payment received to date has been fully expended, and that an interim payment is necessary to continue with the Scope
of Work.
AND
Enclosed is a SHIT Interim Financial Report as required by contract, Exhibit C, and the required documentation or
certification of expenditures (payment will NOT be considered without a financial report).
EASEMENT FEE PAYMENT REQUEST (Initial one or both lines, as applicable)
Enclosed is an Invoice for the Easement Negotiation fee. I further state that we will negotiate in good faith and make
every effort to fully execute an easement with the property owner.
AND /OR
Enclosed is an Invoice for the Easement 'Lce. I Farther state that the easement has been fully executed, recorded, and
submitted to the State Historical Fund.
FINAL PAYMENT REQUEST (Must initial both lines)
A Final Payment of the remaining balance of award, minus interest earned.
AND
Enclosed is a SHIT Final Financial Report and required documentation or certification of expenditures (payment will
NOT be considered without a financial report)
I understand that the FINAL PAYIVIENT is a reimbursement, and farther state that all invoices and bills reported on the Final
Financial report have been PAID IN FULL.
Signature of Grant Recipient / Project Director
Date
DO NOT:WRITE IN THIS AREA
Approved for Payment 1
H: \Manuals \Contracts Manuals \Attachments \SHF Pay Request Att 2 `Rev 8- 2007.doc
Rev 8/2007
TOWN OF AVON
RESOLUTION No. 09 -16
SERIES of 2009
A RESOLUTION APPROVING A CONTRACT BETWEEN THE COLORADO
HISTORICAL SOCIETY AND THE TOWN OF AVON, AND SETTING FORTH
W HEREAS, the Town of Avon is the owner in fee simple of Tract C, Nottingham Station,
located in the Town of Avon, Eagle County, Colorado; which property has been listed in the
State Register of Historic Properties as the Nottingham Power Plant; and
W HEREAS, the Avon Historic Preservation Committee submitted an application to the State
Historical Fund grant award program for the restoration of the Nottingham Power Plant; and
WHEREAS, the State has approved the grant application and has prepared CONTRACT
#2009 -M2 -004 ( "the Contract "), which provides a grant not to exceed twenty thousand, four
hundred seventy -three dollars ($20,473); and
W HEREAS, a resolution by the Avon Town Council formally approving the Contract and
authorizing the proper signature to be affixed to the Contract indicating such approval is
required by the State of Colorado;
N v3� 1A acil t�'4r6b, approves the terms
OW, THEREFORE, BE IT RESOLVED, the Avon To
and conditions and obligations of the Contract and her y,authorizes the '6 propriate authority
to sign the Contract on behalf of the Town of Avon. a -�
ADOPTED THIS DAY OF APRIL, 20
�
TOWN COUNCIL
TOV_VNIZI;AVON, CQl�ORADO
Ronald C. Wolfe
Honorable Mayor, Town o Avon
ATT T:
a.0 �ry C
Patty�Ac enny
To tCI rk, Town f A on
Form (R 5/98)
CONTRACT #2009 -M2 -004
TIIIS CONTRACT, Made this day of , by and between the State of Colorado for the
use and benefit of the Department of Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter
referred to as the State and /or the Society, and the Town of Avon, PO Box 975, Avon, Colorado 81620, 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
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, Article 12- 47.1 -1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article XVIII of the state
constitution, provide for the annual distribution of monies from the State Historical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award for acquisition and
development projects with cumulative grant awards over $10,000; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the "Project "; and
WHEREAS, the Contractor is a public entity and the owner in fee simple of certain real property in Eagle County, Colorado, which property has
been listed in the State Register of Historic Properties as the Nottingham Power Plant located at Along the banks of the Eagle River,
between Stonebridge Drive and Avon Road, Avon, Colorado, hereinafter referred to as the "Property," and which Property is more
particularly described as follows:
TRACT C BK -0672 PG -0130 MAP 07 -27 -95 BK -0672 PG -0138 SWD 07 -25 -95 8200623763 EAS 08 -30 -06
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of Project #2009 -M2 -004 "Exterior Restoration" in
accordance with the Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications developed prior
to or during the contract period, which are hereby made a part of this Contract by reference.
2. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the deliverables listed in
Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Aizhaeology and
Historic Preservation. Contractor shall perform any and all survey activities and submittals in accordance with Survey Manual and
How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any
and all survey activities and projects (copies of which are available through the Society).
3. RIGHT OF USE: All copyrightable materials and /or submittals developed or produced under this contract are subject to a
royalty-free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare derivative
works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use,
the work or works for Society and /or State Hstorical Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from May 15, 2009 through May 15, 2011.
The performance of the 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 Administrator. The performance of the work must be completed no later than
thirty (30) days prior to the Contract ending date.
Page 1 of 7
5. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to
on time delivery of completion of the milestones contained in the List of Subzuiltalr set forth in Exhibit C, the State shall pay to
the Contractor a grant not to exceed twenty thousand, four hundred seventy-three dollars ($20,473.00).
Unless otherwise specified in Exhibit C, the State shall advance forty - percent (40 %) of the total grant amount upon proper
execution of this contract and upon submission of a SHF Payment Request, fifty- percent (50 %) will be paid to the Contractor
upon submission and approval of the Interim SHF Financial Report. The remaining ten - percent (10 %) of the grant amount shall
be paid following Contractor's submission and the State's approval of the Final SHF Financial Report and SHF Paynent Request
Form (Attachments 1 and 2). All payments are subject to the satisfactory completion of milestones described in Exhibit C and
submission by Contractor of either documented proof or certification of expenditures with each financial report.
Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State
reimbursement. If the Project involves matching funds the SHF may allow prior expenditures in furtherance of the Scope of
W`otk to be counted as part of such matching funds.
6. ACCOUNTING: At all times from the effective date of this Contract until completion of this Project, the Contractor shall
maintain properly segregated boobs 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 B. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget
without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure
amounts in excess of ten percent (10 %) must be authorized by the State. In no event shall the State's total financial obligation
exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to
eligible project expenditures, and will be deducted from the final payment.
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 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.
S. PARTIES RELATIONSHIP: 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 SHALL BE 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 SUCII 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 ITS SUPERVISION.
9. REPRESENTATIVES AND 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, who are also the designated representatives for the project.
Any party may from tune to time designate in writing substitute addresses or persons to whow such notices shall be sent.
To the State: Steven W. Turner
Director
Colorado Historical Society
State Historical Fund
225 East 16th Avenue, Suite 950
Denver, Colorado 80203 -1620
To the Contractor: Mr. Matt Pielsticker
Community Development
Town of Avon
PO Box 975
Avon, Colorado 81620
10. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in, or denied 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.
11. DISSEMINATION OF ARCHAEOLOGICAL, SITE LOCATIONS: Contractor agrees to provide the Society with copies of
any archaeological surveys developed during the course of, or under a project financed either wholly or in part by the Society.
Page 2 of 7
Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other information
concerning the nature and location of archaeological resources, in strict accordance with the provisions of the Colorado
Historical Society, Office of Archaeology and Historic Preservation, Dissemination of Cultural Resource; Policy and Procedures,
adopted October 1991 (Revised Nov. 2002), a copy of which is available from the Society.
12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project which
document the progress of the Project, and SHF Financial Repoas (Attachment 1) as described and at the times in the List of
Submittals (Exhibit C).
13. MATCHING FUNDS: 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 B. 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.
If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro -rata share of the unexpended budget.
14. CONSULTANTS /SITE VISITS: The State may:
a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines;
b. 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 14 shall not relieve the Contractor of any of its Contract obligations
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and similar materials funded under this
Contract, a credit line shall be included that reads: "This project is /was paid for in part by a State Historical Fund grant from the
Colorado Historical Society." In addition, the Society reserves the right to require that the following sentence be included in any
publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily
reflect the views or policies of the Colorado Historical Society".
16. PRESERVATION OF PROPERTY: The Contractor hereby agrees to the following for a period of five (5) years commencing
on the date of this Agreement.
a. Without the express written permission of the Society, no construction, alteration, movement, relocation 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
The Treatment of Historic Properties and the Guidelines for Preservis� Rehabilitating, Restoring, and Reconstructing Historic BZUIdings, 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 Contractor 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.
b. In the event of severe damage or total destruction to the Property (defined, for the purpose of this Agreement, as sudden
damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other similar casualty) not due
to the fault of the Contractor this Agreement shall terminate as of the date of such damage or destruction.
c. 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.
d. 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 attorneys fees incurred as a result
of any act or omission by the property owner, or its employees, agents, subcontractors, or assignees pursuant to the terms of
this contract.
17. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise
available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform
the duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean
significant, insufficient, incorrect, or improper performance, activities, or inaction by the Contractor. These remedial actions are
as follows:
a. Suspend the Contractor's performance pending necessary corrective action as specified by the State without Contractor's
entitlement to adjustment in price /cost or schedule; and /or
Page 3 of 7
b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in
accordance with the Standards, the SHF Grants Manual and /or the terms and conditions of this Contract, and /or
c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract
the State deems to be contrary to the public interest or not in the best interest of the State; and /or
d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by
the Contractor cannot be performed, or if performed would be of no value to the State. Denial of the amount of payment
must be reasonably related to the value of work or performance lost to the State; and /or
e. Declare all or part of the work ineligible for reimbursement; and /or
f. 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 Contractor 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.
g. Terminate the contract for default.
18. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of
them individually or simultaneously.
19. TERMINATION OF CONTRACT FOR DEFAULT: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its 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 default by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, products, submittals, 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, 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 are determined.
20. TERMINATION BY 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 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.
21. CHANGES: 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, modifications to Exhibit A (Scope of Work) and /or to Exhibit C (List of Submittals) may be approved by letter of
agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of
funds payable under the contract, as set forth in Paragraph 5, or the contract period, as set forth in Paragraph 4, unless such
changes are embodied in a written contract amendment executed and approved pursuant to the State's Fiscal Rules.
22. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this
contract which would constitute a conflict of interest under any applicable State or Federal law.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
24. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision
Page 4of7
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: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties.
27. 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.
28. BOND REQUIREMENT: 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,
provender 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.
Page 5 of 7
1. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1).
This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24- 30- 202(5.5).
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.
3. GOVERMENTAL IMMUNITY.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act, CRS 24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and
its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except
as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW.
Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to
negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference
shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS 24 -18 -201 and 24 -50 -507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and
Contractor shall not employee any person having such known interests.
10. VENDOR OFFSET. CRS 24 -30 -202 (1) and 24 -30- 202.4. [NotApplicable to intergovernmental contracts]
Subject to CRS 24-30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child
support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS 39 -21 -101, et seq.; (e) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS 8 -17.5 -101. [NotApplicable to agreements relating to the offer, issuance, or sale ofsecurities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract through participation in the E- Verify Program
or the Department program established pursuant to CRS 8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract
or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS 8- 17.5- 102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor Fails to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq., the contracting State agency,
institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS 24-76.5 -101 et
seq., and (c) has produced one form of identification required by CRS 24 -76.5 -103 prior to the effective date of this contract.
Revised January 1, 2009
2 ^d Revision March 10, 2009
Page 6 of 7
(The Special Provisions apply to all contracts except where noted in italies.�
CONTRACTOR:
(Grant Recipient)
Town of Avon
Leg Nqe of Contra c Entity
i C�.
*Signature of Authorized Officer
g l ag /0
Date
Print Name of Authorized Officer
T �� zniL
Print Title o0uthorized Officer
STATE OF COLORADO
Bill Ritter, Jr., GOVERNOR
BY:
Executive Director or Designee
Edward C. Nichols, President
Colorado Historical Society
Date:
Department of Higher Education
STATE HISTORICAL FUND
BY:
Steven W. Turner, Director
Date:
WAIVER CONTRACT REVIEWER
BY:
Contracts Officer or Designee
Janette Vigil, State Historical Fund
Date:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay
Contractor for such performances or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
BY:
Susan S. Riehl
CHS, Chief Financial Officer
June 10, 2008
Y: \Document \19140G14.doc
Approval /Contract C Includes Letter of Agreement
Page 7 of 7
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
Town of Avon Exhibit A
Exterior Restoration
Project . #2009 -M2 -004
SCOPE OF WORK
I. Project Purpose: The purpose of this project is the stabilization of the Nottingham Power Plant in
Avon.
II. Scope of Work is as follows:
A. Monitor the site by an archaeologist
1. Monitor ground disturbances.
2. Photograph and record artifacts.
3. Document findings.
B. Site preparation
1. Remove walls from site.
2. Excavate the site by hand and dewatering.
C. Timber preparation
1. Use cribbing and jack stands to raise the timbers.
2. Set timbers to the side.
3. Determine the correct alignment of the timbers.
4. Pour concrete piers and let cure for 7 days.
5. Drill holes for the piers and place in holes.
6. Form grade beams.
7. Add color and texture to the concrete.
8. Pour the concrete and let cure for 14 days.
9. Put timbers on the concrete structure.
D. Site for the walls
1. Pour concrete piers and let cure for seven days
2. Drill holes for the piers.
3. Form grade beams.
4. Place pipe sleeves as support for the walls in the grade beams.
5. Add color and texture to the concrete.
6. Pour the concrete and let cure for 14 days.
E. Return the restored water wheel to the site
1. Put the water wheel in place.
2. Attach drive line to water wheel.
3. Level and align gears.
.4. Set north and west wall on pipe sleeves.
In accordance with Section 12- 47.1 -12 -1 C.R.S. (1999) The Limited Gaming Act which authorizes the
Colorado Historical Society to administer the State Historical Fund as a statewide grants program.
1-1: \Contracts \2009 \09M2004 Exhibit A.doc
Page 1 of 1 page
Town of Avon
Exterior Restoration
Project # 2009 -M2 -004
PROJECT BUDGET
Exhibit B
Page 1 of 2 page
GRANT
CASH
PROJECT
TASK
REQUEST
MATCH
TOTAL
A. Archaeology
1. Monitor ground disturbance in all areas
$591
$197
$788
2. Photograph /record artifacts
$75
$25
$100
3. Document findings
$121
$40
$161
Subtotal A
$787
$262
$1,049
B. Site Preparation
1. Remove walls from site
$75
$25
$100
2. Excavate the site by hand and dewatering
$75
$25
$100
Subtotal B
$150
$50
,$200
C. Timber Preparation
1. Use cribbing and jack stands to raise timbers
$1,172
$390
$1,562
2. Set timbers to the side
$75
$25
$100
3. Determine the correct alignment of timbers
$75
$25
$100
4. Pour concrete piers and let cure for 7 days
$2,343
$782
$3,125
5. Drill holes for the concrete piers
$1,500
$500
$2,000
6. Form grade beams
$750
$250
$1,000
7. Add color and texture to the concrete
$incl.
$incl.
$incl.
8. Pour concrete and let cure for 14 days
$2,343
$782
$3,125
9. Put timbers on the concrete structure
$1,172
$390
$1,562
Subtotal C
$9,430
$3,144
$12,574
Page 1 of 2 page
Town of Avon
Exterior Restoration
Project # 2009 -M2 -004
Exhibit B
D. Site for the Walls
1. Pour concrete piers and let cure for 7 days
$2,343
$782
$3,125
2. Drill holes for piers
$1,500
$500
$2,000
3. Form grade beams
$750
$250
$1,000
4. Place pipe sleeves as support for the walls
$75
$25
$100
in the grade beams
5. Add color and texture to the concrete
$incl.
$incl.
$incl.
6. Pour concrete and let cure for 14 days
$2,343
$782
$3,125
Subtotal D
$7,011
,$2,339
,$9,350
E. Return the restored water wheel to site
1. Put water wheel in place
$375
$125
$500
2. Attach drive line to water wheel
$200
$75
$275
3. Level and align gears
$200
$75
$275
4. Set north and west wall on pipe sleeves
$375
$125
$500
Subtotal E
,$9, 150
.$'400
$1,550
SubtotalA -E
,$18,528
,$6,995
,$24,723
G. Project Administration
$834
$278
$1,112
Project Subtotal
,$99,362
,$6,473
,$25,835
F. Contingency ( *)
$1,111
$371
$1,482
PROJECT TOTALS
$20,473
$6,844
$27,317
Grant /Cash Match Ratio
75%
25%
* Contingency — Cannot be used without prior written approval by SHF Staff.
H: \Contracts
\2009 \09M2004 Exhibit B.doc
Page 2 of 2 page
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
Exhibit C
LIST OF SUBMITTALS
Project Reports
Project Reports
Due Date
Advance payment of grant
award $7,745.
a. Payment Request Form (Attachment 2). N/A
Deliverables #1 -3, #15 below must be reviewed
and approved before Advance payment is made.
b. Progress Report # 1
c. Progress Report # 2
August 1, 2009
November 1, 2009
d. Interim Financial Report (Attachment 1). February 1, 2010 **
Deliverables #4 -9 below must be reviewed and
approved before Interim payment is made.
e. Progress Report # 3 May 1, 2010
Society Response
f. Progress Report # 4 August 1, 2010
g. Final Financial Report (Attachment 1) November 1, 2010 * **
Review*
Review*
Review & Approve.
Interim payment of grant
award $9,681 plus any
approved contingency * * **
Review*
Review*
Review & Approve.
Final Reimbursement of
grant award $1,936 plus
any approved contingency
* * **
*At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim financial report due date is a guideline. Please submit Interim financial report when majority of
advance has been expended and you are ready for the next payment.
* ** Project period ends All Deliverables due on or before this date.
* ** *Payment breakout does not include contingency. If contingency is approved, it could be added to Interim
Payment /Final Reimbursement.
PROJECT DELIVERABLES
Submit the following Project Deliverables 1 -9 before commencement of treatments (construction).
Project Deliverables Society Response
1. Before /Existing condition photos of areas affected Review /Comment and or Approve
by Scope of Work
2. Historical photos/ documentation of areas to be treated Review /Comment and or Approve
Page 1 of 2 pages
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
3. Subcontract copy — Architect /Engineer
4. Initial Consultation with SHF Historic Preservation
Specialist within 60 days of contract start date
5. Evidence of consultation with COE /environmental agency
6. Construction Documents / Plans and Specifications
7. Subcontract copy — Archaeologist
8. Subcontract copy — Contractor
9. Preconstruction meeting with the SHF Historic
Preservation Specialist
10. Interim meeting with SHF Historic Preservation
Specialist
11. OAHP Archaeological Site Forms
12. Copy of Archaeological Report
13. After photos of areas affected by Scope of Work
14. Documentation of Professional /Public Outreach
15. Letter of Agreement /Memorandum of Understanding
(LOA /MOU) between the Grant recipient and the Property Owner
Exhibit C
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
H: \Contracts \2009 \09M2004 Exhibit C.doc
Page 2 of 2 pages
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STATE HISTORICAL FUND
PAYMENT REQUEST
Grant Recipient: Date:
Project Title:
Total Amount Awarded:
As the authorized representative of the
Attachment 2
Project Number:
Contract Period:
Grant Recipient
I hereby state that the above project is presently Linder contract with the Colorado Historical Society, State Historical Fund, and
request (complete only one section :).
ADVANCE PAYMENT REQUEST
An Advance Payment of no more than forty percent (40 %) of the total grant award. I further state that work has
begun or will begin within the next two weeks on the project, and that an advance payment is necessary to proceed
with the Scope of Work.
INTERIM PAYMENT REQUEST (Initial one or both lines, as applicable)
An Interim Payment of no more than fifty percent (50 %) of the total grant award. I further state that any advance
payment received to date has been fully expended, and that an interim payment is necessary to continue with the Scope
of Work.
AND
Enclosed is a SHIT Interim Financial Report as required by contract, Exhibit C, and the required documentation or
certification of expenditures (payment will NOT be considered without a financial report).
EASEMENT FEE PAYMENT REQUEST (Initial one or both lines, as applicable)
Enclosed is an Invoice for the Easement Negotiation fee. I further state that we will negotiate in good faith and make
every effort to fully execute an easement with the property owner.
AND /OR
Enclosed is an Invoice for the Easement fee. I farther state that the easement has been fully executed, recorded, and
submitted to the State Historical Fund.
FINAL PAYMENT REQUEST (Must initial both lines)
A Final Payment of the remaining balance of award, minus interest earned.
AND
Enclosed is a SHIT Final Financial Report and required documentation or certification of expenditures (payment will
NOT be considered without a financial report)
I understand that the FINAL PAYMENT is a reimbursement, and further state that all invoices and bills reported on the Final
Financial report have been PAID IN FULL.
signature of Grant Recipient / Project Director
)ate
DO NOT WRTTEIN THIS AREA °>
Approved for Payment "
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H: \Manuals \Contracts Manuals \Attachments \SHF Pay Request Att 2 <Rev 8- 200Tdoc
Rev 8/2007
IN
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Legal Review: Eric Heil, Town Attorney
Approved y: Sally Vecchio, Asst. Town Manager
Community Development Director
Matt Pielsticker, Planner II
December 3, 2009
Nottingham Power Plant Contract with Colorado Mountain College
Summary:
The Colorado Mountain College ( "CIVIC ") Junior College has submitted the attached contract
to complete work on the stabilization of the Nottingham Power Plant. The scope of services
is consistent with the grant awarded by the Colorado Historical Society this past spring. The
State of Colorado contract is also attached for your review.
Pursuant to the grant, the proposed cash match for the Town's contribution is $6,844. The
total price estimate for the work to be completed is $27,317; whereby the State is contributing
$20,473 (or 75 %). The attached contract with CIVIC is for a total cost of $24,723 and is within
the budget afforded by the State grant and the yearly operating budget for the Historic
Preservation Advisory Committee ( "HPAC ").
Following a review of the proposal by Council, Staff is recommending approval of the contract
for services, as drafted.
Background:
The Nottingham Power Plant, built in 1928, is one
of the few remaining historic sites in Avon. In
2004, when several citizens discovered the
overgrown site of the Power Plant, they asked for
assistance from the Town of Avon. In 2005, the
Town established the Historic Preservation
Advisory Committee ( "HPAC ").
The HPAC received a grant from the State
Historic Fund in 2005 for the completion of an
archaeological assessment of the Nottingham If
Power Plant to document and assess its significance.
2006 and the information was used to successfully
nomination, which was awarded in November 2006.
The assessment was completed in
apply for a Colorado State Registry
The Town of Avon then hired Rocky Mountain EMTEC to conduct a structural analysis of the
Power Plant remnants to assess the possibility of rehabilitating and /or stabilizing the
structure. Rocky Mountain EMTEC teamed up with GES Tech Group, Inc. and Anthony &
Associates, Inc. to perform this project. Anthony and Associates, Inc. evaluated the wood
components, which include the great majority of the Power Plant. The decision was made to
maintain all parts of the Power Plant unless they were totally destroyed. After much
investigation, it was decided that stabilization (with minor restoration) would be the proper
course of action to ensure that this piece of history will be available for future generations.
The Town received a proposal from CIVIC in 2008 for a stabilization effort with a two -phase
approach. Phase one of the project, now complete, included the removal, documentation,
and partial restoration of the paddle wheel. Many of the parts are now located at either the
Leadville campus or on the property of Maurie Nottingham. This phase was funded entirely
by the 2009 operating budget for the HPC.
In May, 2009, the Town was awarded a grant and subsequent contract approval to complete
the remainder of work (Phase 2); this phase addresses the needs of the supporting structures
of the water wheel, the surrounding walls, the return of the restored water wheel, and
archeological monitoring.
Financial Implications:
The proposed cost ($6,844) to the Town is within the 2010 budget of $25,000 for the Avon
Historic Preservation Advisory Committee.
Staff Recommendation:
Approve the Contract.
Alternative Action:
Table action on the Contract.
Exhibits:
A: CIVIC Contract
B: Colorado Historical Society Contract — Approved May 5�', 2009
Pa
Era 72-0 - 2:44A MUM Z6
THIS AGREEMENT is made effective this day o ,
2009, between Colorado Mountain College Junior College District (hereinafter
referred to as "CIVIC" or the "College ") and the Town of Avon, a Colorado home
rule municipality, herein after referred to as "Owner."
WHEREAS, CIVIC seeks opportunities for students enrolled in its Historic
Preservation program (hereinafter the "Program ") to have practical, on -site
training and experience; and
WHEREAS, Owner conducts operations in connection with which such
training and experience can be provided; and
WHEREAS, the relationship between CIVIC and Owner can be mutually
beneficial:
NOW, THEREFORE, it is the desire of both parties to enter into this
agreement.
1.01 The term of this Agreement is for a period commencing upon the date first
indicated above and ending October 31, 2010, unless terminated earlier
as otherwise provided in this agreement.
1.02 Either party may terminate this Agreement upon fourteen days written
notice. Upon receipt of such notice, no new classes shall be initiated.
However, classes in progress shall be allowed to complete the required
instruction.
1.03 Upon execution of a mutual Letter of Agreement between CIVIC and
Owner, executed a least sixty (60) days prior to the end of the term, or any
extension thereof, successive one -year extensions of the term shall be
granted upon the same terms and conditions, covenants, and agreements
set forth herein unless amended in a writing executed by both parties.
2.01 Both parties shall comply with the letter and spirit of the Colorado Anti -
Discrimination Act of 1957, as amended, and all other applicable federal,
state and local laws, rules, regulations and orders regarding discrimination
and unfair employment practices.
2.02 Both parties shall comply with all requirements of any applicable federal,
state or local law, rule or regulation, including without limitation and
applicable health and safety law, rule or regulation.
2.03 The parties to this Agreement are independent contractors. The students,
faculty and staff providing services to Owner under this Agreement are
employees of CIVIC and are not employees of Owner. This Agreement
shall not be construed to create a partnership, joint venture, or other
relationship between the parties, other than as independent contractors.
3.01 CIVIC shall provide services as set forth in the Scope of Services attached
as Exhibit A.
3.02 CIVIC shall provide fully qualified instructor(s) or staff with responsibility for
coordination, supervision and evaluation of the instruction and services
provided under this agreement. The instructor(s) shall be under the direct
supervision of an administrative designee of CIVIC. Project accounting
and tracking will be done per details outlined in the scope of services.
3.03 CIVIC shall provide appropriate administrative services including, but not
limited to, instructional supervision and evaluation, student admissions,
scheduling, registration and maintenance of appropriate educational
records.
3.04 Assigned faculty or staff shall coordinate with an assigned designee of
Owner to formulate activities which will enable students in the Program to _
accomplish the educational objectives of the program while providing the
agreed services.
3.05 Prior to scheduling any individual student for on -site experience or
participation in this project, assigned faculty or staff shall determine that
the student has the necessary expertise and experience to safely
complete the required training and services.
3.06 CMC shall carry appropriate professional and other liability insurance for
its students, faculty and staff as a general endorsement to its existing
insurance coverage and shall provide a certificate of insurance to Owner
reflecting such coverage.
2
3.07 CIVIC shall provide • • •- i insurance coverage for
students, - • staff participating i the • " • - • • •
services pursuant to this Agreement.
3.08 CIVIC shall designate an administrative representative for purposes of
implementation, supervision, and evaluation if required by this agreement
and shall inform Owner in writing of the representative's name and contact
information.
3.09 Assigned faculty shall develop a system of student evaluation that
provides participation on the part of Owner's staff within the various areas
to which a student is assigned, if required by the scope of services.
4.01 Owner shall pay CIVIC for the services provided in accordance with
Exhibit B.
4.02 Owner shall coordinate with CIVIC faculty to designate locations, times and
access to its facilities required for full implementation of this agreement.
4.03 Owner will provide general supervision and oversight of the services, if
specified by the scope of services, provided that CMC personnel shall
have ultimate responsibility for supervision and control of CMC's students,
faculty and staff.
4.04 Owner, its agents and designees acknowledge the instructional nature of
CIVIC and its Program, and shall make no effort to interfere with or impede
the effective delivery of instruction. Owner's personnel will recognize the
students as participants in an educational program and will make
arrangements for learning situations, which will contribute to student
growth and development. Assignments will not exceed those which permit
appropriate learning experiences that recognize the varying ability of
students.
4.05 Owner's personnel, if specified by the scope of services, will work with
CIVIC assigned faculty to develop an understanding of the expected
educational outcomes of the Program and will participate in evaluation of
student performance in a manner established by the assigned faculty to
ensure mastery of the curriculum requirements.
4.06 Owner will coordinate with CIVIC assigned faculty to provide opportunities
for student participation in in- service meetings.
4.07 CIVIC students are expected to be present during assigned hours and to
conduct themselves in a manner consistent with Owner's Policies and
3
Procedures. Owner shall report known absences and infractions to CIVIC
assigned faculty, if stated in the scope of services. With reasonable
cause, Owner may request the removal of a student from the Owner's
premises or operations. Such cases will require discussions with the
assigned faculty to establish the conditions, if any, under which the
student may be permitted to continue his /her pursuit of the educational
experience.
5.01 CIVIC agrees to save, indemnify, defend, and hold Owner harmless, to the
extent permitted by law, from and against any and all claims, demands,
duties and actions of anyone not a party to this Agreement, including
without limitations CRC's employees, agents, students, and licensees for
loss, injury, damage or liability of any kind arising directly or indirectly out
of CNIC's negligent acts in the performance of this Agreement.
CIVIC shall furnish a Certificate of Insurance attesting to general liability
insurance with minimum limits as follows:
Bodily Injury $1,000,000.00 each person
$3,000,000.00 each accident
Property Damage $1,000,000.00
j
5.02 Owner agrees to save, indemnify, defend, and hold CIVIC harmless, to the
extent permitted by law, from and against any and all claims, demands,
duties and actions of anyone not a party to this Agreement, including
without limitations Owner's officers, employees, agents, and licensees for
loss, injury, damage or liability of any kind arising directly or indirectly out
of Owner's negligent acts in the performance of this Agreement.
Owner shall furnish a Certificate of Insurance attesting to general liability
insurance with minimum limits as follows:
Bodily Injury $1,000,000.00 each person
$3,000,000.00 each accident
Property Damage $1,000,000.00
5.03 Nothing in this Agreement shall be construed or interpreted as a waiver by
CIVIC or Owner, express or implied, of any of the immunities, rights,
benefits, protection, or other provisions of the Colorado Governmental
Immunity Act.
0
6.01 This is the entire agreement of the parties on the subject matter hereof,
and no other representations, promises, or agreements, oral or otherwise,
shall be of any force or effect. This Agreement may be modified only in
writing signed by both parties. This Agreement shall be governed by and
construed according to the laws of the State of Colorado.
6.02 This Agreement shall not be modified, altered or changed except by
mutual agreement, confirmed in writing by an authorized representative of
each party to this Agreement.
6.03 The requirements of the Agreement may be suspended in the case of
causes, beyond the control of either part, which render performance
impracticable, such as acts of God, or the public enemy, disasters of war,
insurrection or mob violence, or strikes or other labor disputes.
6.04 The parties each agree to keep all non - public information about the other
obtained in the performance of this Agreement confidential, shall not
disclose it to any third parties, and shall safeguard such information from
disclosure in compliance with applicable laws.
6.05 Article X Section 20/TABOR The Parties understand and acknowledge
that the Owner is subject to Article X, § 20 of the Colorado Constitution
( "TABOR "). The Parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is
understood and agreed that this Agreement does not create a multi - fiscal
year direct or indirect debt or obligation within the meaning of TABOR and,
therefore, notwithstanding anything in this Agreement to the contrary, all
payment obligations of the Owner are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of
the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Owner payable after the
current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in accordance with
the rules, regulations, and resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this
Agreement shall be terminated.
6.06 Employment of or Contracts with Illegal Aliens CIVIC shall not knowingly
employ or contract with an illegal alien to perform work under this
Agreement. CIVIC shall not contract with a subcontractor that fails to
certify that the subcontractor does not knowingly employ or contract with
any illegal aliens. By entering into this Agreement, CIVIC certifies as of the
date of this Agreement it does not knowingly employ or contract with an
illegal alien who will perform work under the public contract for services
5
and that the contractor will participate in the e- verify program or
department program in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under the
public contract for services. CIVIC is prohibited from using either the e-
verify program or the department program procedures to undertake pre-
employment screening of job applicants while this Agreement is being
performed. If CIVIC obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts
with an illegal alien, CIVIC shall be required to notify the subcontractor and
the Owner within three (3) days that CIVIC has actual knowledge that a
subcontractor is employing or contracting with an illegal alien. CIVIC shall
terminate the subcontract if the subcontractor does not stop employing or
contracting with the illegal alien within three (3) days of receiving the
notice regarding CMC's actual knowledge. CIVIC shall not terminate the
subcontract if, during such three days, the subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. CIVIC is required to comply
with any reasonable request made by the Department of Labor and
Employment made in the course of an investigation undertaken to
determine compliance with this provision and applicable state law. If CIVIC
violates this provision, Owner may terminate this Agreement, and the
CIVIC may be liable for actual and /or consequential damages incurred by
the Owner, notwithstanding any limitation on such damages provided by
such Agreement.
6.07 Ownership of Documents Any work product, materials, and documents
produced by CIVIC pursuant to this Agreement shall become property of
the Owner upon delivery and shall not be made subject to any copyright
unless authorized by Owner. Other materials, methodology and
proprietary work used or provided by CIVIC to the Owner not specifically
created and delivered pursuant to the services outlined in this Agreement
may be protected by a copyright held by CIVIC and CIVIC reserves all rights
granted to it by any copyright. The Owner shall not reproduce, sell, or
otherwise make copies of any copyrighted material, subject to the
following exceptions: (1) for exclusive use internally by Owner's staff
and /or employees; or (2) pursuant to a request under the Colorado Open
Records Act, § 24 -72 -203, C.R.S., to the extent that such statute applies;
or (3) pursuant to law, regulation, or court order. CIVIC waives any right to
prevent its name from being used in connection with the services.
6.08 No Waiver of Rights A waiver by any Party to this Agreement of the
breach of any term or provision of this Agreement shall not operate or be
construed as a waiver of any subsequent breach by either Party. The
Owner's approval or acceptance of, or payment for, services shall not be
construed to operate as a waiver of any rights or benefits to be provided
under this Agreement. No covenant or term of this Agreement shall be
9
deemed to be waived by the Owner except in writing signed by the Town
Council or by a person expressly authorized to sign such waiver by
resolution of the Town Council of the Town of Avon, and any written
waiver of a right shall not be construed to be a waiver of any other right or
to be a continuing waiver unless specifically stated.
6.09 Binding Effect The Parties agree that this Agreement, by its terms, shall
be binding upon the successors, heirs, legal representatives, and assigns.
6.10 No Third Party Beneficiaries nothing contained in this Agreement is
intended to or shall create a contractual relationship with, cause of action
in favor of, or claim for relief for, any third party, including any agent, sub -
consultant or sub - contractor of CHIC. Absolutely no third party
beneficiaries are intended by this Agreement. Any third -party receiving a
benefit from this Agreement is an incidental and unintended beneficiary
only.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day first written above.
Campus CEO/ HP Program Director
Purchasing and Contracts Manager
TOWN OF AVON
By:
Name:
Title:
7
Exhibit cope of Services
Provide material and labor to perform the following tasks:
A. Archaeology.
1. Monitor ground disturbance in all areas
2. Photograph /record artifacts
3. Document findings
B. Site preparation
1. Remove walls from site.
2. Excavate the site by hand and dewatering.
C. Timber preparation
1. Use cribbing and jack stands to raise the timbers.
2. Set timbers to the side.
3. Determine the correct alignment of the timbers.
4. Pour concrete piers and let cure for 7 days.
5. Drill holes for the piers and place in holes.
6. Form grade beams.
7. Add color and texture to the concrete.
8. Pour the concrete and let cure for 14 days.
9. Put timbers on the concrete structure.
D. Site for the walls.
1. Pour concrete piers and let cure for seven days.
2. Drill holes for the piers.
3. Form grade beams.
4. Place pipe sleeves as support for the walls in the grade beams.
5. Add color and texture to the concrete. _
6. Pour the concrete and let cure for 14 days.
E. Return the restored water wheel to the site.
1. Put water wheel in place.
2. Attach drive line to water wheel.
3. Level and align gears
4. Set north and west wall on pipe sleeves.
B. Site preparation - $200.
C. Timber preparation - $12,574.
D. Site for the walls - $9,350.
E. Return the restored
water wheel to the site - $1,550.
TOTAL: 24 723.
Project Costs to be invoiced monthly based on progress.
f
A"A " ,
,
Form (R 5/98)
CONTRACT #2009 -M2 -004
Colorado Historical Society
GCA
°Iltai,�rf�, P`�: "trrsts3�: .
APPROVED WAIVER FORM #37 -C
of Ll - 1 Z� -
Y by and between the State of Colorado for the
THIS CONTRACT, Made this da
use and benefit of the Department of Higher Education, Colorado Idislorical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter
referred to as the State and /or the Society, and the Town of Avon, PO Box 975, Avon, Colorado 81620, 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
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, Article 12- 47.1 -1201 of the Colorado Revised Statues and Subsection (5) (b) {III) of Section 9 of Article XVIII of the state
constitution, provide for the annual distribution of monies from the State Historical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund preservation grant award for acquisition and
development projects with cumulative giant awards over $10,000; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement ") sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the "Project'; and
WHEREAS, the Contractor is a public entity and the owner in fee simple of certain real property in Eagle County, Colorado, which property has
been listed in the State Register of Historic Properties as the Nottingham Power Plant located at Along the banks of the Eagle River,
between Stonebridge Drive and Avon Road, Avon, Colorado, hereinafter referred to as the "Property," and which Property is more
particularly described as follows:
TRACT C BK -0672 PG -0130 MAP 07 -27 -95 BK -0672 PG -0138 SWD 07 -25 -95 8200623763 EAS 08 -30 -06
NOW THEREFORE, it is hereby agreed that:
1. The Contractor shall use funds subject to this Contract in support of Project #2009 -M2 -004 "Exterior Restoration" in
accordance with the Scope of Work attached hereto as Exhibit A, including all applicable plans and specifications developed prior
to or during the contract period, which are hereby made a part of this Contract by reference.
2. APPLICABLE STANDARDS: The Contractor agrees that it will perform the activities and produce the deliverables listed in
Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards fir Archaeology and
Historic Preservation. Contractor shall perform any and all survey activities and submittals in accordance with Survey Manual and
How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any
and all survey activities and projects (copies of which are available through the Society).
3. RIGHT OF USE: All copyrightable materials and /or submittals developed or produced under this contract are subject to a
royalty -free, nonexclusive, and irrevocable license to the Society to reproduce, publish, display, perform, prepare derivative
works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or otherwise use,
the work or works for Society and /or State Historical Fund purposes.
4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from May 15, 2009 through May 15, 2011.
The performance of the 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 Administrator. The performance of the work mist be completed no later than
thirty (30) days prior to the Contract ending date.
Page 1 of 7
5. COMPENSATION AND METHOD OF PAYMENT: In consideration of the project described in Exhibit A and subject to
on time delivery of completion of the milestones contained in the List of Silbrditals set forth in Exhibit C, the State shall pay to
the Contractor a grant not to exceed twenty thousand, four hundred seventy -three dollars ($20,473.00).
Unless otherwise specified in Exhibit C, the State shall advance forty - percent (40 %) of the total grant amount upon proper
execution of this contract and upon submission of a SHF Payment Request, fifty- percent (50 %) will be paid to the Contractor
upon submission and approval of the Interim SHF Financial Report. The remaining ten - percent (10 %) of the grant amount shall
be paid following Contractor's submission and the State's approval of the Final SHF Financial Report and SHF Payment Request
Form (Attachrisents f and 2). All payments are subject to the satisfactory completion of milestones described in Exhibit C and
submission by Contractor of either documented proof or certification of expenditures with each financial report.
Expenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State
reimbursement. If the Project involves matching funds the SHF may allow prior expenditures in furtherance of the Scope of
Work to be counted as part of such matching funds.
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
Brrdgetset forth in Exhibit B. Contractor may adjust budgeted expenditure amounts up to ten percent (10 %) within said Budget
without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure
amounts in excess of ten percent (10 1 /6) must he authorized by the State. In no event shall the State's total financial obligation
exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to
eligible project expenditures, and will be deducted from the final payment.
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 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.
8. PARTIES RELATIONSHIP: 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 SH SECURE AT ITS OWN EXPENSE ALL PERSONNEL BY
THE CONTRACTOR UNDER THIS CONTRACT. THE CONTRACTOR SHALL BE 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 ITS SUPERVISION.
9. REPRESENTATIVES AND 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, who are also the designated representatives for the project.
Any party may from time to time designate in writing substitute addresses or persons to whoin sucli notices shall be sent.
To the State: Steven W. Turner
Director
Colorado Historical Society
State Historical Fund
225 East 16 Avenue, Suite 950
Denver, Colorado 80203 -1620
To the Contractor: Mr. Matt Pielsticker
Community Development
Town of Avon
PO Box 975
Avon, Colorado 81620
10. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in, or denied 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.
11. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide the Society with copies of
any archaeological surveys developed during the course of, or under a project financed either wholly or in part by the Society.
Page 2 of 7
Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any other information
concerning the nature and location of archaeological resources, in strict accordance with the provisions of the Colorado
Historical Society, Office of Archaeology and Historic Preservation, Dissemination of Cultural Resource; Policy and Procedures,
adopted October 1991 (Revised Nov. 2002), a copy of which is available from the Society.
12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project which
document the progress of the Project, and SHF Finmidal4orts (Attachment 1) as described and at the times in the List of
Sokwittals (Exhibit Q.
13, MATCHING FUNDS: 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 B. In the event that said matching funds
become unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project hn proportion to the
reduction in matching funds.
If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro -rata share of the unexpended budget.
14. CONSULTANTS /SITE VISITS: The State may:
a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines;
b. 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 14 shall not relieve the Contractor of any of its Contract obligations.
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and similar materials funded under this
Contract, a credit line shall be included that reads: "This project is /was paid for in part by a State Historical Fund grant from the
Colorado Historical Society." In addition, the Society reserves the right to require that the following sentence be included in any
publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily
reflect the views or policies of the Colorado Historical Society ".
16. PRESERVATION OF PROPERTY: The Contractor hereby agrees to the following for a period of five (5) years commencing '
on the date of this Agreement.
a. Without the express written permission of the Society, no construction, alteration, movement, relocation 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 Standard for
the Treatment of Historic Properties anal the Guidelines for Preserving Iiehabilitaiing, Restorin& and Recowirna ft 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 -
"Standard?'. In all events, the Contractor 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 Stand vdr so as to prevent deterioration of the Property.
b. In the event of severe damage or total destruction to the Property (defined, for the purpose of this Agreement, as sudden
damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other similar casualty) not due
to the fault of the Contractor this Agreement shall terminate as of the date of such damage or destruction.
c. 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.
d. 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 attorneys fees incurred as a result
of any act or omission by the property owner, or its employees, agents, subcontractors, or assignees pursuant to the terms of
this contract.
17. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise
available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform
the duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean
significant, insufficient, incorrect, or improper performance, activities, or inaction by the Contractor. These remedial actions are
as follows:
a. Suspend the Contractor's performance pending necessary corrective action as specified by the State without Contractor's
entitlement to adjustment in price /cost or schedule; and /or
Page 3 of 7
b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in
accordance with the Stcaudm , the SHF Grants Manual and /or the terms and conditions of this Contract; and /or
c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract
the State deems to be contrary to the public interest or not in the best interest of the State, and /or
d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by
the Contractor cannot be performed, or if performed would be of no value to the State. Denial of the amount of payment
must be reasonably related to the value of work or performance lost to the State; and /or
e. Declare all or part of the work ineligible for reimbursement; and /or
f. 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 Contractor 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.
g, Terminate the contract for default.
18. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of
them individually or simultaneously.
19. TERMINATION OF CONTRACT FOR DEFAULT: I€, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its 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 default by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, products, submittals, 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, 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 are determined.
20. TERMINATION BY 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 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 1 /6) of the project covered by this Contract has been
completed upon the effective date of such termination, the Contractor shall be reimbursed {m 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.
21. CHANGES: 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, modifications to Exhibit A (Scope of Work) and /or to Exhibit C (List of Submittals) may be approved by letter of
agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of
funds payable under the contract, as set forth in Paragraph 5, or the contract period, as set forth in Paragraph 4, unless such
changes are embodied in a written contract amendment executed and approved pursuant to the State's Fiscal Rules.
22. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this
contract which would constitute a conflict of interest under any applicable State or Federal law.
23. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
24. SEVERABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision
Page 4 of 7
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: No pasty, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties.
27. 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.
28. BOND REQUIREMENT: 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,
provender 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.
Page 5 of 7
I. CONTROLLER'S APPROVAL. CRS 24 -30 -202 (1).
This contract shall not be valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS 24 -30. 202(5.5).
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.
3. GOVERMENTAL IMMUNITY.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Governmental Immunity Act, CRS 24-10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an employee, Neither Contractor nor any agent or employee of Contractor shall be deemed to
bean agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and
its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except
as expressly set forth herein. Contractor shall (a) provide and keep in force workers compensation and unemployment compensation insurance in the amounts required by law, (b)
provide prooftlaeteofwhen requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
S. COMPLIANCE WITH LAW.
Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to
negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED,
The State of Colorado does not agree to binding arbitration by any extra - judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference
shall be null and void,
S. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or
`
applicable licensing restrictions. Contractor hereby certifies and warrants
PP ng y that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws
or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS 24 -18 -201 and 24.50 -507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and
Contractor shall not employee any person having such known interests.
10. VENDOR OFFSET. CRS 24- 30-202 (1) and 24-30- 202.4. [NotAppliceble to intergovemmental contracerl
Subject to CRS 21-30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child
support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS 39 -21 -101, et seq; (c) unpaid loans due to the Student Loan
Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency detennination or judicial action.
Il. PUBLIC CONTRACTS FOR SERVICES. CRS 8 -17.5 -101. [Not App licable to agreements relating to the offer, issuance, or sale ofsecmides, investment advisory
setWees or fund management services, sponsored projects, intergovemmetttal agreements, or information technology services orproducts and serviees[
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to perfQzm work under this contrast through participation in the E- Verify Program
or the Department program established pursuant to CRS 8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract
or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shat[ not knowingly employ or contract with an illegal alien to perform work
under this contract Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment screening of job applicants while this contract
is being performed, (b) shalt notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS 8- 17.5 - 102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS 8- 17.5 -101 et seq., the contracting State agency,
institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be Gable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24- 76.5 -10t Contractor, if a natural person eighteen (18) years of age or older, hereby swears and ofBerms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS 24- 76.5 -101 et
seq., and (c) has produced one form of identification required by CRS 24 -76.5 -103 prior m the effective date of this contract.
Revised January 1, 2009
2^a Revision March 10, 2009
Page 6of7
CONTRACTOR:
(Grant Recipient)
Town of Avon
Legs e of Contrac ' Entity
*Signature of Authorized Officer
q l A S /0�
Date
R6YLa. I oJ C . t3 j
Print Name of Authorized Officer
Print Title ofj
3uthorized Officer
Colorado Historic 1So ' ty
Date:
Department of Higher Education
STATE HISTORICAL FUND
Contracts Officer or Designee
Janette Vigil, State Historical Fund
Date: lz ; I 4-t 7c cc (
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30 -202 requires that the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay
Contractor for such performances or for any goods and /or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
B'Y•
Susan S. R` iehl"�
CHS, Chief Financial Officer
Date:
June 10, 2008
X:\Docurnent\19140614.doc
Approval /Contract C Includes Letter of Agreement
Page 7 of 7
'Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
Town of Avon Exhibit A
Exterior Restoration
Project #2009 -M2 -004
SCOPE OF WORK
1. Project Purpose: The purpose of this project is the stabilization of the Nottingham Power Plant in
Avon.
11. Scope of Work is as follows:
A. Monitor the site by an archaeologist
1. Monitor ground disturbances.
2. Photograph and record artifacts.
3. Document findings.
B. Site preparation
1. Remove walls from site.
2. Excavate the site by hand and dewatering.
C. Timber preparation
1. Use cribbing and jack stands to raise the timbers.
2. Set timbers to the side.
3. Determine the correct alignment of the timbers.
4. Pour concrete piers and let cure for 7 days.
5. Drill holes for the piers and place in holes.
G. Form grade beams.
7. Add color and texture to the concrete.
8. Pour the concrete and let cure for 14 days.
9. Put timbers on the concrete structure.
D. Site for the wails
1. Pour concrete piers and let cure for seven days
2. Drill holes for the piers.
3. Form grade beams.
4. Place pipe sleeves as support for the walls in the grade beams.
5. Add color and texture to the concrete.
G. Pour the concrete and let cure for 14 days.
E. Return the restored water wheel to the site
1. Put the water wheel in place.
2. Attach drive line to water wheel.
3. Level and align gears.
4. Set north and west wall on pipe sleeves.
In accordance with Section 12- 47.1 -12 -1 C.R.S. (1999) The Limited Gaming Act which authorizes the
Colorado Historical Society to administer the State Historical Fund as a statewide grants program.
H: \Contracts \2009 \09M2004 Exhibit A.doc
Page 1 of 1 page
Town of r:
Exterior i it
PROJECT BUDGET
GRANT
TASK REQUEST
A. Archaeology
1. Monitor ground disturbance in all areas
2. Photograph /record artifacts
3. Document findings
Exhibit E
CASH PROJECT
AIATCH TOTAL
$591
$197
$788
$75
$25
$100
$121
$40
$161
SubtotalA
B. Site Preparation
1. Remove walls from site
2. Excavate the site by hand and dewatering
Subtotal B
C. Timber Preparation
1. Use cribbing and jack stands to raise timbers
2. Set timbers to the side
3. Determine the correct alignment of timbers
4. Pour concrete piers and let cure for 7 days
5. Drill holes for the concrete piers
6. Form grade beams
7. Add color and texture to the concrete
8. Pour concrete and let cure for 14 days
9. Put timbers on the concrete structure
Subtotal C
,$787
5262
$1,049
$75
$25
$100
$75
$25
$100
$950
$50
$200
$1,172
$390
$1,562
$75
$25
$100
$75
$25
$100 -
$2,343
$782
$3,125
$1,500
$500
$2,000
$750
$250
$1,000
$incl.
$incl.
$incl.
$2,343
$782
$3,125
$1,172
$390
$1,562
,$9,430
$3,944
$92,574
Page 1 of 2 page
Town of Avon
Exterior Restoration
Project # 2009 -2 -004
D. Site for the Walls
z}
Subtotal.A -E
x'18,528
$6,1-95
,$24,723
G. Project Administration
$834
$278
$1,112
3. Form grade beams
$750
$250
$1,000
Project Subtotal
,$19,362
$6,473
,$25,835
F. Contingency ( *)
$1,111
$371
$1,482
PROJECT TOTALS
$20,473
$6,844
$27,317
Grant /Cash Klatch Ratio
75%
25%
$3,125
* Contingency — Cannot be used without prior
written approval by SHF Staff.
,$2,339
,$9,350
E. Return the restored water wheel to site
H: \Contracts \2009 \09M2004 Exhibit B.doc
1. Pour concrete piers and let cure for 7 days
$2,343
$782
$3,125
2. Drill holes for piers
$1,500
$500
$2,000
3. Form grade beams
$750
$250
$1,000
4. Place pipe sleeves as support for the walls
$75
$25
$100
in the grade beams
5. Add color and texture to the concrete
$incl.
$incl.
$incl.
6. Pour concrete and let cure for 14 days
$2,343
$782
$3,125
Subtotal D
,$7,091
,$2,339
,$9,350
E. Return the restored water wheel to site
1. Put water wheel in place
$375
$125
$500
2. Attach drive line to water wheel
$200
$75
$275
3. Level and align gears
$200
$75
$275
4. Set north and west wall on pipe sleeves
$375
$125
$500
Subtotal
$1,150
,$400
,$1,550
Page 2 of 2 page
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
Project Reports
LIST OF SUBMITTALS
Project Reports
Due Date
a. Payment Request Form (Attachment 2). N/A
Deliverables #1 -3, #15 below must be reviewed
and approved before Advance payment is made.
b. Progress Report # 1
c. Progress Report # 2
August 1, 2009
November 1, 2009
d. Interim Financial Report (Attachment 1). February 1, 2010 **
Deliverables #4 -9 below must be reviewed and
approved before Interim payment is made.
e. Progress Report # 3 May 1, 2010
f. Progress Report # 4 August 1, 2010
g. Final Financial Report (Attachment 1) November 1, 2010 * **
Exhibit C
Societv Response
Advance payment of grant
award $7,745.
Review*
Review*
Review & Approve.
Interim payment of grant
award $9,681 plus any
approved contingency * * **
Review*
Review*
Review & Approve.
Final Reimbursement of
grant award $1,936 plus
any approved contingency
* * **
*At the discretion of the SHF technical staff, progress reports may not receive a response.
** Interim financial report due date is a guideline. Please submit Interim financial report when majority of
advance has been expended and you are ready for the next payment.
* ** Project period ends All Deliverables due on or before this date.
* ** *Payment breakout does not include contingency. If contingency is approved, it could be added to Interim
Payment /Final Reimbursement.
PROJECT DELIVERABLES
Submit the following Project Deliverables 1 -9 before commencement of treatments (construction).
Project Deliverables Socie1y Response
1. Before /Existing condition photos of areas affected Review /Comment and or Approve
by Scope of Work
2. Historical photos /documentation of areas to be treated Review /Comment and or Approve
Page 1 of 2 pages
Town of Avon
Exterior Restoration
Project #2009 -M2 -004
3. Subcontract copy — Architect /Engineer
4. Initial Consultation with SHF Historic Preservation
Specialist within 60 days of contract start date
5. Evidence of consultation with COE /environmental agency
6. Construction Documents / Plans and Specifications
7. Subcontract copy — Archaeologist
8. Subcontract copy — Contractor
9. Preconstruction meeting with the SHF Historic
Preservation Specialist
10. Interim meeting with SHF Historic Preservation
Specialist
11. OAHP Archaeological Site Forms
12. Copy of Archaeological Report
13. After photos of areas affected by Scope of Work
14. Documentation of Professional /Public Outreach
15. Letter of Agreement /Memorandum of Understanding
(LOA /MOU) between the Grant recipient and the Property Owner
Exhibit C
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review /Comment and or Approve
Review/ Comment and or Approve
H. \Contacts \2009 \09M2004 Exhibit C.doc
Page 2 of 2 pages
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PAYMENT RE
Grant Recipient:
Project Title:
Total Amount Awarded:
Date:
Attachment 2
Project Number:
Contract Period:
As the authorized representative of the
Gmnt Recipient
I hereby state that the above project is presently under contract with the Colorado 1- istorical Society, State Historical Fund, and
request (complete only one sec,�ow
ADVANCE PAYMENT REQUEST
_A n Advance Payment of no more than forty percent (40 %) of the total grant award. I further state that work has
begun or will begin within the next two weeks on the project; and that an advance payment is necessary to proceed
with the Scope of Work.
INTERIM PAYMENT REQUEST (Initial one or both lines, as applicable)
An Interim Payment of no more than fifty percent (50 %) of the total grant award. I further state that any advance
payment received to date has been fully expended, and that an interim payment is necessary to continue with the Scope
of Work.
AND
Enclosed is a SHF Interim Financial Report as required by contract, Exhibit C, and the requited documentation or
certification of expenditures (payment will NOT be considered without a financial report).
EASEMENT FEE PAYMENT REQUEST (Initial one or both lines, as applicable)
Enclosed is an Invoice for the Easement Negotiation fee. I further state that we will negotiate in good faith and make
every effort to fully execute an easement with the property owner.
AND /OR
Enclosed is an Invoice for the Easement fee. I fiirthet state that the easement has been fully executed, recorded, and
submitted to the State Historical Fund,
FINAL PAYMENT REQUEST (Must initial both lines)
A Final Payment of the remaining balance of award, minus interest earned.
AND
Enclosed is a SHF Final Financial Report and required documentation or certification of expenditures (payment will
NOT be considered without a financial report)
I understand that the FINAL PAY1VlENT is a teimbutsement, - and furtliet state that all invoices and bills reported on the Final
Financial report have been PAID IN FULL.
Signature of Grant Recipient / Project Director
Date a > _> �> > > > s', '' s - : > >, >. = > S'� : > > > s•a a�.
EI:\Man-- Contracts Manuals \Attachments \SFIF Pay Request Att 2 - Rev 8- 2007.doc
Rev 8/2007