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HomeMy WebLinkAboutbocc.res.097.2011 RECEPTION #: 587214, 03/06/2012 at 09:28:08 AM, 1 OF 19, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING A GRANT AGREEMENT WITH THE STATE HISTORIC FUND FOR FUNDING OF THE EMMA POWDER HOUSE RESTORATION RESOLUTION NO. 97 -2011 WHEREAS, the restoration of the Emma Powder House buildings will enhance the cultural landscape of Pitkin County, and; WHEREAS, the Pitkin County Board of County Commissioners (BOCC) has designated the Emma Townsite under its historic inventory, and; WHEREAS, the State Historic Fund allocates revenue derived from limited stakes gaming in three mountain towns toward the restoration and preservation of historic structures within the State of Colorado, and WHEREAS, the Pitkin County Board of County Commissioners has received a grant of $94,706 from the State Historic Fund for the Emma Powder House restoration, subject to the completion of a grant agreement: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: 1.) The Pitkin County Board of County Commissioners hereby authorizes the Open Space and Trails Director to execute the grant agreement with the State Historic Fund, and; 2.) The Pitkin County Board of County Commissioners hereby authorizes the expenditure of funds necessary to meet the terms and obligations of the grant agreement and application. 3.) This resolution to be in full force and effect from and after its passage and approval. INTRODUCED, READ AND SET FOR PUBLIC HEARING ON THE 28th DAY OF SEPTEMBER, 2011. NOTICE OF PUBLIC HE4,11 PUBLISHED IN THE ASPEN TIMES WEEKLY ON THIVF4 DAY OF U b , 2011. APPROVED AT SECOND READING AND PUBLIC HEARING ON OCTOBER 12 DAY OF OCTOBER, 2011. 3 r PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 13.4-d DAY OF OCTOBER, 2011. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ATTEST: By: / By: i..'.11 (11, Rachel E. ichards, Chairwom n Jeane e Jones / Deputy Clerk Date: /0 /// 3•0 1 \ APPROVED AS TO FORM: Jo Ely, Cumit Mtorney Jon Peacoc , ounty Manager 1 al ill, Director Open Space & Trails Program 4 9- . HISTORY August 1, 2011 Mr. Dale Will Director Pitkin County Open Space and Trails 530 East Main Street, Suite 301 Aspen, CO 81611 Dear Mr. Will: History Colorado, the Colorado Historical Society has completed its review of grant applications ( >$35,000) submitted to the State Historical Fund for the April 1, 2011 deadline. We are pleased to announce that a State Historical Fund grant of $94,706 has been awarded to your project for Interior and Exterior Rehabilitation of the Emma Store - Powder House. Congratulations! Enclosed is a packet of information that will assist you as you move forward with your project, including business cards for the Historic Preservation Specialist and Contracts Specialist assigned to your project. Also in this packet you will find a letter from the Contracts staff outlining information needed from you in order to begin the grant contracting process. Please note that work cannot begin until a grant contract has been fully executed. After executing the contract you should discuss the project with your assigned Historic Preservation Specialist before beginning work. As a condition of the receipt of this grant, Pitkin County Open Space and Trails and the property owner (if different from grant recipient) will be required to allow the State Historical Fund staff to record a twenty-year covenant on the site; even if there is an existing covenant on the site. In order to acknowledge this condition the Pitkin County Open Space and Trails and the property owner must sign a copy of this letter and return it to our offices within 60 days, or your grant award may be rescinded. For additional information on the covenant requirement, please refer to the enclosed information sheet. If your project requires any approval by a federal or state agency, a federal or state agency license, or is receiving any type of federal or state agency funding, please contact the Colorado Historical Society's intergovernment service director, Dan Corson at (303) 866 -2673 to determine if any consultation is needed pursuant to the State Register Act or Section 106 of the National Historic Preservation Act. Please note that the State Historical Fund takes very seriously the issue of conflict of interest in regards to our grant projects. Please refer to our Handbook as well as the enclosed Grant Manual for an explanation of what constitutes a conflict of interest so that you may be sure to avoid it during your project. If you don't already have an active email address, you are required to obtain one and monitor it regularly for grant management purposes. Please notify SHF contracts staff (shfcontracts @chs.state.co.us, include ref. # provided below) of any changes to your email address from the information provided in the application. Congratulations again on receiving this State Historical Fund award. We look forward to getting your project under contract and on its way to successful completion. If you have any questions about the grant award, please do not hesitate to contact Cynthia Nieb, Deputy Director, at (303) 866 -2809. THE COLORADO HISTORICAL SOCIET CIVIC CENTER PLAZA 1560 BROADWAY SUITE 400 DENVER COLORADO 80202 www.historycolorado.orj Sincerely, S ve W. Turner, .2 Director State Historical Fund Pitkin ounty • p n ace and Trails Date ; 14111111 1116 ‘ -s -2 6 I Proper ' Owner Date 12 -01 -017 Funded x: \document\ 27101218. doc • Form (R 5/98) Department or Agency Name History Colorado, the Colorado Historical Society Department or Agency Number GCA Routing Number APPROVED WAIVER FORM #37 -E CONTRACT #2012 -01 -017 V TIIIS CONTRACT, Made this day of a-c-n 1.1 - � , kZ; by and between the State of Colorado for the use and benefit of the Department of Iligher Education, History Colorado, the Colorado I- Iistorical Society, 1200 Broadway, Denver, Colorado 80203, hereinafter referred to as the State and /or I Iistory Colorado, and the Pitkin County Open Space and Trails, 530 East Main Street, Suite 301 Aspen, Colorado 81611, hereinafter referred to as the "Contractor ", WI IERFAS, 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 (ZOt 0 in Fund Number 401, Appropriation Account 401 and Organization SHFG; and WI IEREAS, 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 of $50,000 and over; 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 WI II?REAS, the Contractor is a public entity and the owner in fee simple of certain real property in Pitkin County, Colorado, which property has been listed on a listing of local landmarks as the Emma Store - Powder house located at 1611 Emma Road, Basalt, Colorado, hereinafter referred to as the "Property," and which Property is more particularly described as follows: See 1.xhibit D NOW TIIEREFOR1, it is hereby agreed that: 1. The Contractor shall use funds subject to this Contract in support of Project #2012 -01 -017 "Interior and Exterior Rehabilitation" in accordance with the Scope of [Fork 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 the Survey Manual and Flow 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 history Colorado). 3. RIGHT OF USE: All copyrightable materials and /or submittals developed or produced under this contract arc subject to a royalty-free, nonexclusive, and irrevocable license to history Colorado to reproduce, publish, display, perform, prepare • derivative works or otherwise usc, and authorize others to reproduce, publish, display, perform, prepare derivative works, or • otherwise usc, the work or works for history Colorado and /or State historical Fund purposes. l 4. CONTRACT EFFECTIVE DATE: The term of this Contract shall be from N,a. , 201 hrough March 1, 2014. '1'he 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. 5. COMPENSATION AND METIIOD 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 Submittals set forth in Exhibit C, the State shall pay to the Contractor a grant not to exceed ninety -four thousand seven hundred six dollars ($94,706.00). Page 1 of 7 ,`Zeyi aq7 -d # / I c 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 SHE may allow prior expenditures in furtherance of the Scope of [Fork 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 bc documented in a detailed and specific manner, and shall accord with the Budget set forth in Exhibit 13. Contractor may adjust budgeted expenditure amounts up to ten percent (10 0 /) within said Budget without approval of the State and document the adjustments m 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 RELATIONSIHP: CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF TIIIi STATE. CONTRACTOR SIIALL ITAVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND T1I1. STr \TE TO ANY AGREEMENTS OR UNDERSTANDINGS WTTIIOU'1 'HIE EXPRESS WRITTEN CONSENT OF TIIL STATE. THE CONTRACTOR RI TILAT IT HAS OR SIIAI.L SECURE AT ITS OWN EXPENSE All PERSONNEL BY T1 IL CON'TRACT'OR UNDER TI -IIS CONTRACT. THE CONTRACTOR SIlrll.l. BE RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT COMPENSATION COVERAGE, FOR ALI. OF PI'S 1M110\l1S TO THE EXTENT REQUIRED BY LAW, AND FOR ENSURING 'I'[IAT Ali. SUBCONTRACTORS MAINTAIN SUCI - I INSURANCE. CONTRACTOR SILALI, PAY WHEN DUL ALL REQUIRI LD EMPLOYMEN T TAXES AND INCOME TAX WITIII- TOLDING. ALL OF TIIL SERVICES RI;QUIREI) I IEREUNDER SHALL BE PERFORMED BY TI II; CONTRACTOR OR UNDER ITS SUPERVISION. 9. REPRESENTATIVES AND NOTICES: All notices required to be given by the parties hereunder shall bc 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 shall be sent. To the State: Steve W. Turner Vice President OAI IP and SI -IF /Deputy SIIPO History Colorado, the Colorado I Iistorical Society 1200 Broadway Denver, Colorado 80203 To the Contractor: Mr. Dale Will Director Pitkin County Open Space and Trails 530 East Main Street, Suite 301 Aspen, Colorado 81611 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 relics. Further, all real property improvements shall conform to applicable ADA requirements. 11. DISSEMINATION OF ARCFIAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide History Colorado with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by History Colorado. 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 I Iistory Colorado -the Colorado IIistorical 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 History Colorado. Page 2 of 7 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 Resorts (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 thc 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. CONSULTANT'S /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 00 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 History Colorado, the Colorado Historical Society." In addition, History Colorado 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 history Colorado, the Colorado Historical Society ". 16. PRESERVATION OF PROPERTY: The Contractor hereby agrees to the following for a period of twenty (20) years commencing on the date of this Agreement. a. Without the express written permission of I Iistory Colorado, 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 arca 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 history Colorado, 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, issded 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 thc 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. History Colorado, or a duly appointed representative of history Colorado, shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions are being observed. d. Within sixty (60) days prior to completion of this Contract, Contractor covenants and agrees that 1listory Colorado will record this Contract with the County clerk and recorder for the county in which the property is located. Contractor further covenants and agrees that this Contract will constitute a binding covenant that will run with the land. e. '00 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 arc 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 b. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed in accordance with the Standards, the SHE 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 Page 3 of 7 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 thc 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, History Colorado 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 History Colorado. History Colorado 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 00 CONTRACT FOR DEFAULT: If, through any cause, thc 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 thc 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 thc 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 arc determined. 20. TERI\IINATION BY S'L'ATE: 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 0 /o) 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 thc actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by thc 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 thc 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 thc 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 WITII 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. SFVI RABILITY: To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 25. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. Page4of7 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 thc 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. 29. CORA DISCLOSURE: To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS 624- 103.5 -101, if any, are subject to public release through the Colorado Open Records Act, CRS §24 -72 -101, et seq. 30. STATEWIDE CONTRACT MANAGEMENT SYSTEM: If the maximum amount payable to Grantee under this Grant is 5100,000 or greater, either on the Effective Date or at anytime thereafter, this §30 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24- 102 -206, §24- 103 -601, §24- 103.5 -101 and 924 -105 -102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24- 103.5 -101, and State fiscal rules, policies and guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to thc performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of thc Colorado Department of Personnel and Administration (Executive Director), upon request by CMS, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future grants. Grantee may contest thc final Evaluation, Review and rating by: (a) filing rebuttal statements, which may result in .either removal or correction of the evaluation (CRS §24- 105 - 102(6)), or (b) under CRS §24- 105- 102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause. Page 5 of 7 q SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics.) 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 2410 -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. Not Applicable to intergovernmental contracts] Subject to CRS 24-30- 21)2.4 (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 I Iigher llducation; (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 of securities, 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 Fs- 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 Iabor 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"' Revision March 10, 2009 Page 6 of 7 / �] • CONTRACT SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT *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. CONTRACTOR: STATE OF COLORADO (Grant Recipient) John W. Hick nlooper, GOVERNOR Pitkin County Open Space and Trails � ( � Leame of Contrac ' g n . BY: �1iLreo Exec utive Director or Designee Edward C. Nichols, President f Authorized Officer I-Iistory Colorado, the Colorado Historical Society IZ \ � Date: / — yQ _"' i'-‘° / ate Department of Higher Education —1-)P \ ‘--"-- C STATE HISTORICAL FUND Print Name of Authorized Officer + A M BY: ` ��,����1111 YrrJ Director r Designee r^ Steve W. u er, Vice President OAIIP & SI IF /Deputy SHPO —03 Df46PA 1Z5 Print Title of Authorized Officer Date: A 0 IA ' Uri/ WAIVER CONTRACT REVIEWER i ii BY: V Contracts ficer or Designee Janette Vigil, State Historical Fund Date: '- teh -t D.- 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 V By( BY( . _�6\IN - A „...a-L-L)-- Joseph Bell CHS, Vice President Finance, Facilities & Regional Museums Date: ' — 0 .— / 2 Revised, December 5, 2011 x:ADocument\ 12162944.doc Approval /Contract I Includes Letter of Agreement Page7of7 /7 Pitkin County Open Space and Trails Exhibit A Interior and Exterior Rehabilitation of Emma Store Project #2012 -01 -017 SCOPE OF WORK Project Purpose: The purpose of this project is the exterior restoration and stabilization of the Emma Powder House in Basalt, Colorado. II. Scope of Work is as follows: A. Preservation Activities (Construction) 1. New Internal Steel Structure for support of existing roof and floors a. Hand dig adjacent to existing foundations for new footings b. Fabricate and install four new columns inside existing building corners c. Fabricate and install new steel frame inside existing wood hipped roof structure d. Companion new wood framing inside existing wood roof framing e. Remove existing temporary support structure as work progresses 2. Exterior Walls and Masonry Preservation a. Reconstruct areas of masonry wall that are missing or damaged b. Reuse masonry materials salvaged from site and from initial stabilization work c. Provide new compatible masonry materials as needed for use in non - visible locations d. Analyze mortar e. Repair and repoint areas of masonry where brick and /or mortar is missing or deteriorated. f. Reconstruct original window openings based on building and photographic evidence 3. Install New Asphalt Roofing Materials a. Remove existing temporary roofing materials b. Remove existing remnants of earlier asphalt shingle roof c. Add a layer of 1/2" plywood to existing skip sheathing to provide basis for new roof materials d. Install continuous ice and water shield on roof surface e. Install new roofing materials with required flashing and other accessories 4. Repair Cupola a. New roofing and sheathing included above b. Repair existing wood cupola c. Stain exposed wood materials 5. Windows and Doors a. Install plywood panels in existing window openings for weather protection b. Repair existing door and add plywood door for weather protection Page 1 of 2 page /) Pitkin County Open Space and Trails Exhibit A Interior and Exterior Rehabilitation of Emma Store Project #2012 -01 -017 B. Professional Services 1. Architecture and Engineering Services a. Design development and construction docs for powder house b. Coordinate bidding and award of construction contract c. Architects and engineers observe progress of construction d. Soils engineering— inspect excavations and existing conditions 2. Archeological monitoring 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: A Contracts \ 2012\ 1201017 Exhibit A.doc Page 2 of 2 page / l Pitkin County Open Space and Trails Exhibit B Interior and Exterior Rehabilitation of Emma Store Project #2012 -01 -017 PROJECT BUDGET TASK AMOUNT A. Preservation Activities (Construction) 1. New Internal Steel Structure for support of existing roof and floors $54,000 2. Exterior Walls and Masonry Preservation $26,817 3. Install New Asphalt Roofing Materials $10,580 4. Repair Cupola $1,500 5. Windows and Doors $250 Subtotal A ,93,147 B. Professional Services $14,400 C. Performance Bond, General Conditions, O &P (21% of Subtotal A) $19,561 Project Subtotal $127,108 D. Contingency* $14,245 PROJECT TOTAL $141,353 Grant Award (67 %) $94,706 Cash Match (33 %) $46,647 *Contingency - Must receive written approval from SHF Staff prior to use Travel must be within SHF /State allowable rates ($.50 /mile — mileage, $100 /night — Hotel, $46 /day — Per Diem) fI \Contracts \2012 \ 1201017 Exhibit B.doc Page 1 of 1 page /1( Pitkin County Open Space and Trails Exhibit C Interior and Exterior Rehabilitation of Emma Store Project #2012 -01 -017 LIST OF SUBMITTALS Project Reports Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). N/A Advance payment of grant Deliverables #1 -3 below must be reviewed and award $34,065. approved before Advance payment is made. b. Progress Report # 1 June 1, 2012 Review* c. Progress Report # 2 September 1, 2012 Review* d. Interim Financial Report (Attachment 1). October 15, 2012 ** Review & Approve. 1st Deliverables #4 - 9 below must be reviewed and Interim payment of grant approved before 1st Interim payment is made. award $42,581.t e. Progress Report # 3 December 1, 2012 Review* f. Progress Report # 4 March 1, 2013 Review* g. Progress Report # 5 June 1, 2013 Review* h. Progress Report # 6 September 1, 2013 Review* i. Final Financial Report (Attachment 1) October 15, 2013 * ** Review & Approve. Final Reimbursement of grant award $8,516.t *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 may increase due to approval of contingency funds Page 1 of 2 page /C l Pitkin County Open Space and Trails Exhibit C Interior and Exterior Rehabilitation of Emma Store Project #2012 -01 -017 PROJECT DELIVERABLES Submit the following Project Deliverables. Deliverables #1 - 8 must be reviewed and approved by SHF before commencement of treatments (construction). Project Deliverables Society Response 1. Initial Consultation with SHE Historic Preservation Specialist Review /Comment and or Approve (within 45 days of contract start date) 2. Before /existing condition photos of areas affected by SOW Review /Comment and or Approve 3. Historical photos /documentation of areas to be treated • Review /Comment and or Approve 4. Subcontract Certification — Architect Review /Comment and or Approve 5. Construction documents /Plans and specifications Review /Comment and or Approve 6. Materials Testing Analysis and Results Review /Comment and or Approve • 7. Subcontract Certification — Contractor(s) Review /Comment and or Approve 8. Preconstruction meeting with SHF Historic Preservation Specialist Review /Comment and or Approve 9. Mock up of masonry reconstruction and repointing Review /Comment and or Approve 10. Interim meeting with SHF Historic Preservation Specialist Review /Comment and or Approve 11. After photos of all areas affected by Scope of Work Review /Comment and or Approve 12. OAHP Archaeological Site Forms, if necessary Review /Comment and or Approve 13. Copy of Archaeological Report, if necessary Review /Comment and or Approve 11: \Contracts \21)12\ 1201017 Exhibit C. doc Page 2 of 2 page / Pitkin County Open Space and Trails Exhibit D Interior and Exterior Rehabilitation of Emma Store Project #2012 -01 -017 Legal Description A parcel of land in Tract 88, Tract 61 and Lot 29, township 8 South, Range 87 West of the 6th P.M., described as follows: Beginning at A.P. 3 Tract 88, which is monumented with a 1924 GLC Brass Cap; thence N 0 °7'21" E 281.76 feet to AP2 Tract 88 which is monumented with a 1924 GLO Brass Cap; thence N 89 °40'46" E 1285.43 feet to AP8 Tract 49 which is monumented with a 1924 GLO Brass Cap; thence along Tract line AP8 -AP9 Tract 49 N0 °02'47 E 101.40 feet; thence East 1212.37 feet; thence S16 °49' E 0.54 feet to the Southerly corner of the parcel described in Book 165 at Page 455 of the Eagle County records, which is monumented with an Aluminum Cap marked "PE -LS 2376 "; thence along a fence line S 58 °51'30" W 27.68 feet; thence along a fence line S 73 °20' W 314.69 feet to a point on the North line Section 13 as shown on "Wither's TWP Plat approved 1889 "; thence along said North line of Section 13 (1889) West 109.42 feet; thence S 74 °34'W 73.47 feet; thence S 69 °51' W 258.37 feet; thence S 71°09' W 290.53 feet; thence S 81 °57' W 123.74 feet; thence S 89 °43' W 189.82 feet; thence S 0 °10'53' W 24.88 feet to a fence line; thence along a fence line N 88 °05' W 345.75 feet; thence along a fence line S 86 °17'20" W 194.82 feet; thence along a fence line S 88 °31'55'W 521.39 feet; thence S 74 °30'28" W 105.95 feet to the Point of Beginning. Excepting from the above that portion granted to the Department of Highways in Rule and Order recorded March 15, 1989 in Book 587 at Page 745. Reserving unto Gwendolyn G. Thomas and Vivianne Thomas, their heirs, grantees and assigns a permanent right of way, for access and underground utilities to the following described (2) parcels of property described below (as shown in the recorded General Warranty Deed recorded June 2, 1998 as Reception No. 417650): PARCEL A A parcel of land in Tract 61, T8S, R87W of the 6th P.M., county of Eagle, State of Colorado and more particularly described as follows: Beginning at A.P. 8 Tract 49, which is monumented with a 1924 GLO Brass Cap; thence along the tract line AP8 - AP9 Tract 49, N. 00 °02'47" E. 104.40 feet; thence N. 90° E. 756.43 feet to the True Point of Beginning; thence N. 00 °02'47" E. 527.04 feet to a point on the South R.O.W. line of the State Highway; thence along the South R.O.W. line of the State highway N. 72 °50' 51.99 feet; thence along the South R.O.W. line of the State highway N. 72 °50' 51.99 feet; thence along the South R.O.W. line on a curve to the right 427.29 feet (R= 1850.00 feet D= 13 °14', CH= 426.34 feet); thence along the South R.O.W. line N. 86 °04' E. 33.40 feet; Page 1 of 2 page / Pitkin County Open Space and Trails Exhibit D Interior and Exterior Rehabilitation of Emma Store Project #2012 -01 -017 thence N. 80 °21' E. 100.50 feet; thence N. 86 °04' E. 48.30 feet; thence S. 00 °52' E. 300.31 feet; thence N. 75 °58' W. 336.69 feet; thence S. 16 °49' E. 443.22 feet; thence N. 90° W. 455.94 feet to the True Point of Beginning. PARCEL B A parcel of land in Tract 49, T8S, R87W of the 6th P.M., County of Eagle, State of Colorado and more particularly described as follows: Beginning at A.P. 8 Tract 49, which is monumented with a 1924 GLO Brass Cap; thence along the tract line AP8 -AP9 Tract 49, N. 00 °0247" E. 104.40 feet to the True Point of Beginning; thence along the tract line AP8 -AP9 Tract 49, N. 00 °02'47" E. 213.73 feet to the South R.O.W. line of the State Highway; thence along the South line of the R.O.W. N. 63 °27'60" E. 237.28 feet; thence along the South R.O.W. line on a curve to the right 458.56 feet (R= 2805.00 feet, D= 09 °22', CH.= 458.05 feet); thence along the South line of the R.O.W. N. 72 °50' E. 124.82 feet; thence S. 00 °02'47" 527.04 feet; thence N. 90 °W. 756.43 feet to the True Point of Beginning. Reserving unto Gwendolyn G. Thomas Vivianne Thomas, their heirs, grantees and assigns a thirty (30) feet in width lying fifteen (15) feet on either side of the centerline described as follows: A 30 foot easement, 15 feet on each side of described centerline for the purposes of ingress and egress across the parcel of land situated in Tract 88, Tract 61, and Lot 29 all in Section 12, Township 8 South, Range 87 `Vest of the Sixth Principal Meridian, Pitkin County, Colorado. The centerline of said ingress and egress easement is more fully described as follows: Commencing at angle Point No. 8, Tract 49, said monument being established in 1924 by the Government Land Office; thence North 82 °08'34" East, a distance of 763.68 feet to the northerly boundary of the above described land the True Point of Beginning; thence South 00 °02'47" West a distance of 110.84 feet more or less to the southerly boundary of said parcel the terminus of said ingress and egress easement. II: AContracts \2012 \1201017 Exhibit D.doc Page 2 of 2 page / • STATE HISTORICAL FUND PAYMENT REQUEST AND FINANCIAL REPORT FORM A) General Information Project # Project Tide: Grant Recipient: Grant Recipient Contact: Instructions: Use this form to request payment and report expenses for projects starting with 2010 -02, 2010 -M2 or later. Indicate payment you are requesting. Report payments made to subcontractors and individuals for work on the project. Do not report payments reported on prior financial reports. Financial Report (Section C) not required for Advance Payment. Include a completed Certification of Expenditures (COE) when submitting a financial report. B) Payment Request: Check Only One ❑ Advance Payment ❑ 1" Interim Payment ❑ 2 "d Interim Payment ❑ Final Payment ❑ Easement Payment !Fork must begin within 2 weeks of Request for Advance Payment, previously advanced funds must be etpended prior to receiving intern payments. Final payment is a reimbursement. Please refer to Exhibit C ofyour contract for payment amounts and Deliverables due before payment. Contingency funds will be added to payments based on prior approval. Be sure to include copy of Easement Fee invoice when requesting Easement Payment. C) Financial Report: Award Amount I $ Award Ratio Grant Funds: % / Cash Match: PAYEE NAME BUDGETED TASK DATE PAID WARRANT or AMOUNT PAID CHECK # 1" Interim Financial Report Total I hereby certify that all expenses reported above have been PAID and that all 2nd Interim Report Total of the information is correct and that any false or misrepresented information Final Financial Totals may require immediate repayment of any or all funds. Project Total Estimate: Project is % Complete Interest Earned: $ ❑ Certification of Expenditures Form (COE) form included D) Signature: DO NOT WRITE IN THIS AREA ;< Reviewed Approved for Payment Grant Recipient /Project Director Signature Date I I: \Manuals \Contracts Manuals \dune 2011 Manual \Pay Request and Financial Report Form - Rev 06- 2011.doc Issued: June 1, 2011 /g • RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 1 OF 17, R $0.00 Janice K. Vos Caudill, Pitkin County, CO Form (R 5/98) Department or Agency Nam Iiismry Colorado,the Colorado Historical Society Depaimrent or Agency Number -. _ GCA Routing Number. • APPROVED WAIVER FORM #37-E ,., �y,� CONTRACT#2012-01-017 'D R\ 115 CONTCC Made this iV day of t1 ks" �(Z,by and between the State of Colorado for the use and benefit of the Department of I ligher Education,History Colorado,the Cnlma o Historical Society,1200 Broadway,Denver,Colorado 80203, hereinafter referred to as the State and/or History Colorado,and the Pitkin County Open Space and Trails,530 East Main Street,Suite 301 Aspen,Colorado 81611,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 IXU\OIL in Fund Number 401,Appropriation Account 401 and Organization SI IFG;and WI IEItEAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;and WHEREAS,Article 1247.1-1201 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 Ilisrorieal Fund;and WI IRREAS,the Contractor is eligible in accordance with law to receive a State historical Fund presentation grant award for acquisition and development projects with cumulative grant awards of 850,000 and over,and WI IIIREAS,this Contract(hereinafter"Contract"or'Agreement")sets forth the Scope of Work,Budget and list of Submittals,hereinafter referred to as the"Project";and WI4EItliAS,the Contractor is a public entity and the owner in fee simple of certain real property in Pitkin County,Colorado,which property has been listed on a listing of local landmarks as the Emma Store- Powder I louse located at 1611 Emma Road,Basalt,Colorado, • hereinafter referred in as the"Property,"and which I4operry is more particularly described as follows: See Exhibit I) NOW TI IEREFORE,it is hereby agreed that I. The Contractor shall use funds subject to this Contract in support of Project #2012-01-017 "Interior and Exterior Rehabilitation" in accordance with the Scope of!Fork attached hereto as Exhibit A, including all applicable plans and speed-otions developed prior to or during the contract period,which arc hereby made a part of this Contract by reference. 2. APPLICABLE STANDARDS:Tire Contractor agrees that it will perform the activities and produce the deliverables listed in Exhibit C in cordance with the pertinent sections of the applicable Secretary of the Interior's Standards foe Archaeology and Hinenr Preservation.Contractor shall perform anyand all survey activities and submittals in accordance with the Survey Manual and flaw to Complete Colorado Cultural Resource Inventory Forms,Volumes t and II,June 1998(Revised December 2001)for any and all survey activities and projects(copies of which ate available through history Colorado). 3. RIGHT OF USE All copyrightable materials and/or submittals developed or produced under this contract we subject to a royalty-free, nonexclusive, and irrevocable license to I Rotary Colorado to reproduce, publish, display, perform, prepare derivative works otherwise use,and authorize others to reproduce,publish,display,perform,prepare derivative works,or • otherwise use,the work or works for I listen Colorado and/or State Historical EV utpmes. 'qf 4. CONTRACT EFFECTIVE DATE:The term of this Contract shall be from Ma�a 4 012 hroyy3l March 1,2014. • The performance of the work must be commenced within sixty(60)days of the Comma beginning dare unless a lnnga period is approved in writing by the State I lumtical fund Administrator.The performance of the work must be completed no later than Nay(30)day.prior to the Contract ending date. 5. COMPENSATION AND MEI'1101)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 L'#ofSvGmi#o4 set forth in Exhibit C,the State shall pay to the Contractor a grant not to exceed ninety-four thousand seven hundred six dollars(S94,706.00). Page I of 7 RECEPTIONS: 602638, 08/20/2013 at 02:28:26 PM, 2 OF 17, Janice K. Vos Caudill, Pitkin County, CO Unless otherwise specified in Exhibit C.the State shall advance forty-percent(40°/n)of the total grant amount upon proper execution of this contract and upon submission of a SI IF Payment Request,fifty-percent(S0%)will be paid to the Contractor upon submission and approval of the Interim SI IF Finnan(Report The remaining ten-pecent(10%)of the grant amount shall be paid following Contractors submission and the State's approval of the Final SHE Fi'nnaa/Report and SHF Pymenr Regsar No=(AnatMew 1 and 2).All payments are subject to the rods factory 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 SIIP may allow prior expenditures in funhetance of the Step of Nark(Ube 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 Bvdger 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(l0s/o)must be authorized by the State.In no event shall the State's total financial oblgntLm exceed the amount shown in Paragraph S above. Interest earned on funds advanced by the State shall be applied to eligible project expenditures,and will he deducted from the final payment 7. AUDIT: The State or its authorized representative shall have the tight 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 States expense to do sea. Such discretionary audit may be called for at any time and for any reason from the effective date of this Contra until three(3)years after the date final payment for this Project Ls 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: CON'IRACTOIt IS A GRANTEE AND NO'1"AN IiMPIS)1BE OR AGENT OF TIM STATE.CONTRACIOR SI MIL HAVE NO AU'1'HORII'V.EXPRESS OR IMPLIED,TO BIND'DIE STATE TO ANY AGREE.MENIS OR UNDERSTANDINGS WITItOtif THE EXPRESS WRII'lEN CONSENT OF THE STATE.TIME CONTRACTOR REPRESENTS TI IAT IT HAS OR SI IAl t,SECURE AT ITS OWN EXPENSE ALL PERSONNEL-BY THE CON'TRAIT)R UNDER 'flIIS CONntAc. THE CONTRACTOR SHALE BE RESPONSIBLE FOR PROVIDING WORKMEN'S COMPENSATION COVERAGE. AND UNEMPLOYMENT COMPE'NSA'TION COVERAGE FOR AIL OF Ili EMPLUI'Ers'IU TIM..E.X'l'ENl'REQUIRED BY LAW,AND FOR ENSURING TI LAT AIJ.SUBCONTRACTORS MAINTAIN SUCII INSURANCE.CONTRACTOR SILALL PAY WHEN DUE ALL (REQUIRED I:l'dPLOlTIEN'l'TAXES AND INCOME TAX WfTIIHOLDING.AU.OF PIE SERVICES REQUIRED HEREUNDER SHAIJ.BE PERFORMED BY l'lfl:CONTRACTOR OR UNDER GS SUPERVISION, 9. REI'RESENI'A'1'IVISS 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 vet forth below,who are also the designated repreaenutivcx for the project. Any parry may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent. To the Stare: Steve Si'.'Yuma Vice President OMIT and SI IF/Deputy SI II'O History Colorado,the Colorado Historical Society 1200 Broadway Denver,Colorado 80203 To the Contractor: Mc.Dale Will Director County I Men Space and't rails 530 last Slain Street,Suite 301 .\open,Colorado 81611 10. ADA COMPLIANCE:The Contractor assures the State that at all times during the performanct 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 requircmencs. 11. DISSEMINATION UP ARCHAEOLOGICAL.SITE LOCAtIONS:Contractor agrees to provide Ifistom Colorado with copes of any archaeological surveys developed during the course of,or under a project financed either wholly or in pan by I Itstory Colorado.Contract,agrees to otherwise restrict access to such archaeological surveys,as well as access to any other informarinn concerning the nature and location of archaeological resources,in strict accordance with the provisions of I tistory Colorado-the Colorado I listorical Society, Office of Archaeology and I lisstoric Preservation, Dissemination of Cultural Resource:Policy and Procedures,adopted t)etobe, 1991 (Revised Nov.2002),a copy of which is available from history Colorado. Page 2 of 7 RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 3 OF 17, Janice K. Vos Caudill, Pitkin County, CO v 12. REPORTS: Contactor shall deliver project progress reports to the Stare every six (6) months during the project which document the progress of the Project and SHE Fi.anr;a/Repots(Attachment I)ae described and at the times in The Lira.J Sidon Nob(Inhibit C). 13. MA'1'CI ZING 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 rod funding commitment to the Project in proportion to the reduction in matching funds. If the toil funding set forth in the Project Budget is not expended on completion of the Project,the State may reduce its pro-rara 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 determind 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 caerdse of the Stare's rights under this Paragraph 14 shall nor rcheve the Contractor of any of its Contract obligations. IS. PUBLIC ACKNOWLI'DGMENI'OF FUNDING SOURCE.; In all publications and similar materials funded under this Conan,a credit line shall be induded that reads:'Ibis project is/cos paid for in part by a State Historic,/Fund grant from History Colorado, the Colorado Historical Society" In addition, History Colorado reserves the right to require that the following sentence be included in any publication or similar material funded thrrxtgb this program:"the contents and opinions contained herein do not necessarily nicest the views or policies of I listory Colorado,the Colorado I Iisrorical Society''. 16. PRESERVATION OF PROPERTY: The Contractor hereby agrees to the following for a period of twmry (20) years commencing on the date of this Agreement. a.Without the express written permission of I Iistory Colorado,no construction,alteration,movement,relocation or remodeling ear v other activity shall be undertaken or permitted m be undertaken on the Properly 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, restoration of the Property,damage to which has resulted from casualty loss, deterioration,or wear and tear, shall be permined subject to the prior written approval of History Colorado,provided that such reconstruction,repair.or restoradon is performed according to the Secretary of the Interior's Standards for the Treatment of Historic Properties and the Guidelines for Reserving, Rehabilitating, Restoring, and Reconstructing I listodc Buildings,issued and as may from time m time be amended by the U.S.Secretary of the Inrerior, 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 no as to prevent dererioation 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 Ina Caused by fur,earthquake,inclement weather,acts of the public enemy,riot or odor similar casualty)not due to the fault of the Contractor this Agreement shall terminate as of the date of such damage or destruction. c. Iiismry Colorado,sir a duly appointed representative of History Colorado,shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions arc being observed. d.Within sixty(60)days prior to completion of this Contract,Contractor covenants and agrees that History Colorado will record this Contract with the County clerk and recorder for the county in which the property is located. Contractor further covenants and agraes that this Contract will constitute a binding covenant that will run with the land. e.To the extent authorized by law,the Contractor shall indemnify,nave,and hold harmless the Stare,its employees and agents, against any and all claims,damages,liability and court awards,including costa 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. REMEDIDS: In addition to any other remedies provided foe it this contract and without limiting its remedies otherwise available at law,the State may exercise the 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 Contranur. '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 b.Withhold payment c to Contractor until the necessary s in performance completed a mpleted in accordance with the Standards,the Sflf 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 Page 3 of 7 RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 4 OF 17, Janice K. Vos Caudill, Pitkin County, CO 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,IIlaory Colorado 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 History Colorado. I Iisum Colorado 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. CUMULCfiVE IiFIT:CT:'ITe above remedies are cumulative and the State,in its sole discretion,may exercise any or all of them individually or simultaneously. 19. ,TERMINATION OF CONTRAL1'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 wrinm notice to the Contractor of such termination and specifying the effective date thereof,at least flue (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 ocher 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 tract amount of damages due the State from the Contractor are determined. 20. 'I'CRMINA'I'ION ET STATE:The State may terminate this Contract at any time the State determines that the purposes of the distribution of Sure monies under the Contract would no longer be served by completion of the Project.'Ihc Slate 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 fished 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 ass the 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 (6(%)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 outofpoeket expenses(not otherwise reimbursed under this Contract)incurred by the Contractor during the Contract period which arc directly att buublc to the uncompleted portion of the protect covered by this Contract.If this Contract is terminated due to the fault of the Contractor,Paragraph 19 hereof relative to germination shall apply. 21. CIlANGES-.This Contract is intended as the complete integration of all understandings between the parties,at time,and no prior or contemporaneous addition,deletion,or ocher amendment hereto,including an increase or decease 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,agecrd to in wring by all parries,providing char 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 INTERS I':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 APPI.RL\Bl.E 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 err may hereafter be established. 24. SE\'13RAltILI'IY: To the extent that This Contract may be caeca and and performance of the obligations of the parries may be accomplished within the intent of the Contract,the terms of this Contract are severable,and should any term or provision hereof be declared invalid or become inoperative for any reason,such invalidity or failure shall not affect the validity of any other term or provision hereof.the waiver of any breach of a term hereof shall not be construed as waiver of any other term. 25. BINDING ON SUCCESSORS.Except as herein otherwise provided,this Contract shall inure to the benefit of and be binding upon the pare.,or any subcontractors hereto,and their respective successors and assigns. Page 4 of 7 RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 5 OF 17, Janice K. Vos Caudill, Pitkin County, CO 26. ASSIGNMENT:No party,nor any subcrmtractors hereto,may assign its rights or dunes 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 pan's understand and agree that all terms and conditions of this ctmtract 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 Contactor 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 any budding,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 nut 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 subcontracts fad to duly pay for any labor,materials,team hire,sustenance,provisions, provender or other supplies used or consumed by such Contractor of 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 proscevdon of the work the surety will pay the same in a 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 38-26106, 29. CORA DISCLOSURE:To the extent not prohibited by federal law,this Contract nd the performance measures and standards under CRS 524-1035101,if any,arc subject to public release through the Colorado Open Records Act,CRS 524-72101,et wq. 30. STAT'liWlDll CONTRACT MAN AGI':MENT SYSTEM:If the maximum amount payable to Grantee under this Grant is 5100,000 or greater,either on the Effective Date or at anytime thereafter,this§30 applies. Grantee agrees to be governed,and to abide,by the provisions of CRS§24-102-205,§24-102-206,824-103-601,§24-103.5-101 • and 824-105402 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law,including CRS§24-103.5-101,and State fiscal roles,policies and guidance.Evaluation and Review of Grantee's performance shall be part of the normal Grant administrnbn process and Grantee's performance will be systematically recorded in'the statewide Contract Management System.A teas of Ilvaluadon and Review shall include,but shall not be limited to quality,cost and timeliness.Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantees obligations Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation,Review and rating shall be rendered within 30 days of the end of the Grant term.Grantee shall be notified following each performance Evaluation and Review,and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder,the Executive Director of ncc Colorado Department of Personnel and Administration(Executive Director),upon request by CI IS,and showing of good cause,may debar Grantee and prohibit Grantee from bidding on future grants.Grantee may contest the final Evaluation,Review and rating by:(a)filing rebuttal statements,which may result in either removal or core-akin of the evaluation(CRS§24-105-102(6)),or(b)under CRS§24- 105•102(6),exercising the debarment protest and appeal rights provided in CRS§§24-109-106,107,201 or 202,which may result in the reversal of the debarment and reinstatement of Grantee,by the Executive Director,upon showing of good cause. Page 5 of 7 RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 6 OF 17, Janice K. Vos Caudill, Pitkin County, CO • NNI 1.4 • • SPECIAL'�ROVISTONS / ale a at Prow w n 6Qtppyyn amyl where noted in u.irad CONTROLLER'S APPROVAL CRS 24-30.202(1). This comma shall not be sail anti it has bea,pptovcd by the&blonde State Ca,iodler nr.lay. 2. FUND AVAILABILITY.CRS 24-30-202(S5). Omuta ably tune of the State payable after the anent focal Yemr art mndryant pm fund.(tar Au pupae trey ypro niatcd.Wlgetcd,and otamile node endure. 3. GOVERMENTAL IMMUNITY. No cormtar condition of Pit contract Wall be ennui-mad or interpreted as waiver,ecpao or impled,of any of the urununme,,nydu,benefits,promo:meworo,h pmvninm,of • the Gil ad,Governmental ImmwrmY Act CRS 24-10.101 n.ey,a the'clad Tat Chi.Ary:R LLSC.1546(b)and 2671 n,ay,n"walkable now or bneafin mauled 4. INDEPENDENT CONTRACTOR. Coos r shill pedomu duties heawder a a mdcycnknt con ad not an amfbyn .'Shan Gm a agent a employee of CntMO,Ohio h deemed. he a mat ot employee of to State.C001114101 ad to employee ad apau ailed It uta nplomne tar Len mpena'dm benefits through the Sate and me Stan owl not pay for or otherwise p , each,nnngo an[imlaant m any tarn awT.acmphttcc. Unemployment nsurancehnefit will be wadable tContractor and u alployees ad that.ady if sue h coverage a made amiable by C•Xnrae.'m a Bird pal-.Gaetano,shall Tay t+ht^due all lip-Weak maloynntt macs and.mine ma ad kcal had term ieeund fm naanr rn this coma Coneramne boil not Naar audnriannn,twerp of:narked to had the Sate to any agnmw,L lability or urdratmd w.pap( aaposdr su forth ltndn.Command bel(a)provide and keep m face worker:onmpcnndnn and unempinymem compensation macrame in the.amounte,ryuieed by law,(b) posed.:proof dantfwhen nyaesa by tau Slat,aid(e)le wetly'apmdhI,(tat in a,,and those Win emflnyes,was. 5. COMPLIANCE WITH LAW. Contractor dill mrtly comply with all aplobk federal ad.Gas las,[lake ad o ck,.,ns in'Ma or hereafter established iem'WpB%ithoa Emma.lava apphc,No tit dset:onatiac ad unfair emfdnc,,a panacea • 6. CHOICE OF LAW. Colman ha,ad'der aW.Tdatn and proton.ammo,shall S applied in do hweprnauory ea¢utw,ad m(acemcm of this contract. Any pmiaimo indnkd a ccrp.nuJ betas by rcfinawr which mnfin with tad Taal rules,and rmoilations.Fill he null ail pad Any pow atyaa.d herein by re/mace which purports to negate the ur any cam Special I'nnnbn in whole tar in pan Will not be valid or enS co,hle a available in any action at law,whether by away of m11012Mbde(enae,or otherwise. Any poahi.n tusked null and chip by the opaaum of this pm-roam slur not ins ldate Ao un liMa of Chi,contra,to the malt capable of("mar. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado dat not agree to doling arbitration by am ear wleial body of peen.Any I'n'•ihvm n rho moan n this contract or incomoraed heron by takftede .hall h null and void. R. SOFTWARE PIRACY PROHIBITION.Governor',Executive Ord,.O 002 OD. Si.,,in sake pudic fund,payable under du canal,hall not be and foe the awitition.opera oyamy.uwl aftwa oalaron of federal copyright laws a ay,Lnde keno.;n Comm or hereby certifies and u that,Jun g to f this annum end any enemata,Contractor hot and and ma en place appropnn system ad cn cols to per'. such unpn.yte a of public funds. If the Sac determines Mat Cam alarm of tats provision,the Snt may. nmah mutable al law in equity m twat tiv,contract,bobd,R.itMwt I Icasa.immolate mmvnatm of this ad ay mealy c sister,aid fe.hod toymght any or wrieal:a/mating mnetmn. 9. EMPLOYEE FINANCW.INTEREST/CONFLICT OF INTEREST.CRS 24-10-200 and 24.30-507. 'IM.ignatn.,no that to,heir knowledg nn employee of at State ha any pretend of here&ul interest w boors is the series of pap,,dumbed in this contract 0101 1-21-1111 ha r and shall n ac,p,.,any a v Mart o indirect that mall conflict any manor.m degree with the pedomwee of Gmnata a•mica and Carman WO an employee any frnnn hating such known auras 10. VENDOR OFFSET.CRS 24-30.202(I)a.d 24-30`2 024./Noes Applic•ble toimeyovanmennfcanmc04 Subject to CRS 24.1,324 0.5),the Sate Cianmllet new.Mhdd Forma WOW'the Sou's vmuln n((sa ntn,ga gnat.(m debit owed to Sae agmee foe(a)ap.il turd supra debt n,child,upped(Imao..(0-1 unpaid boant of a a,aawil h11.14.45•14 mwhatch,%t-t.peufed n CRS 3921-1111,a at (,)unpaid Wan,der.the Student loan Division n file Department of Higher liju.a om (d)amounts'a dad a 6,paid m the Lnempinymaa Gcmpenatnn Fad.and(Oahe,oval debts mend rn the Siam u a 1,71.111 of anal rgxy Gmmrnaam 01 judicial action. IL • PUBLIC CONTRACTS FOR SERVICES.CRS I-n5.101.Nor App/rahle roµmemma raping to the pan,inuance, alp ofPrep:Rie,investment advisory w toed mansgrm PRA,ponao'od pajea .tarae real agreme inf n reed.dkg.services mpdhar.c.M,maea/ paw,mars mvuea,wamne,md agrees that h bat a,Limiady empio. with a Wen who wit Eda ,k auk,the contra and all confirm the e comfort or th,D gadgWjigofd.mpinyemwavaC54-7a.mpl5)(0,0dtMumul.,,,,topdatmploy"mama,Oth.o.d.ik,,,preform.,t te.bt'h0-rowan or deup.nm apognm..Isubco pure..' wdnoca yto(ComGmumo.It,pnnlractor lrmpinrorshinyemply a on. m an en topdturp,yaly ,act,atrmt at that fall r candy to Gm r boat aM ohm. e,'0 ea lmspre a plop ow a'1 an arwle dm.6de�wdk ot mum t dap TMG.m metal ate subcontract.ayPtgaam,n,aog n .pwyy*ohmtao tmknd,p,has uniaan *tidtYdyglea. wM1,4mismon ieod'ngpdncha(b)dillmn(Ydeamain .and (cw stagSeheneycnhmbonebogsdna aNs,pa loyw4Jpboataa•g, o '°Am wga ty, fahani0-N Awn fa work)shall diemply at traumata mamma mad,a atc course ammm0-amtamlapupµarcmtmng WW dr.hy'eCaveM dint dap smiting the metierymnt andaaml,y pa,nia.it...peso mad,a tprnwv ofan i001• ode u.,,, ho.,,,,a m CRS14•17 wal,Insobyon GAnadn Department o of lath.,and Employment ill nyom'ne If Cnni l of rmata .af ire'Sc t31.C menu ehc,examined Cane the•boil blot to de co aapg State away,Inuw'm of Hyha I'Jen to plitico'h,lk- autos- an%If Ca,,, 4,,,,comply m has ,. tj de kph area an 3 -07..101 et and e animating m with d of the who regain nfde IApanmencpngnm If mays w t i n emmpty aAh ay tablet n(di,per or CRS RI]Slll a +age.,d, Sow agnal, mawnm alhighter.JUntinn m political subdivision may u'e.na inata this aarnrt for haacM1 and,if m nm.inaN,fimnssmr dJl h liable for dama(,n. 0. PUBLIC CONTRACTS WITH NATURAL PERSONS.CRS 24-76.0.101. Ctraw,ifanaiad pan.yd,'n(II)Yeaa of age or(Idea booby.wean and Wfirno undo Path,o(pnmy that he or Ow(o)is a titian or ahem.lawfully pnsnt in the United Suter.r•••••04.40 to federal law.Ih)shall emmplr t'eh the parcItc.of CAS 24.745-I nl ea a.V and(claw p.JUN one form!die4nul,kt Vuieml by CRS 24.7t,5.103 pun to Ow effective dam of this contract Revised January 1.2009 2e0 Revision March 10,2009 Page 6 of 7 RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 7 OF 17, Janice K. Vos Caudill, Pitkin County, CO • 'CONTRACT SIGNATU PAGE4 - fer= t THE PARTIES H FRFTQHAV E EXECUTED THIS CONTRACT 'Persons signing for Contractor hereby swear and affirm that they arc authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR: STATE OF COLORADO (Grant Recipient) John W kenloope/rr,,,GOVERNOR Plan County Open Space and Trails l �kt"" I Name of ac ntity Bl' Execti v Dirtine \ I Edward u C.e Nichec oor ls,or PresidDesegnt e `Signature of Authorized Officer History Colorado,the Colorado Historical Society Date: 21)---1-0/4'7 ��rz�12 Date Department of Higher Education STATE HISTORICAL FUND Print Name of Authorized Officer BY: An—la N Director o esignee �n Steve W.Turner,Vice President OAI IP&SI IF/Deputy SHPO Authorized O tLS 4 �{1Ca5 Print Tide of Authorized Officer Dam: -Vet tZ WAIVER CONTRACT REVIEWER Conmc Officer or De s% e< Janette igil,Stare Historical Fund Date: I-a0-la_ 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 Joseph Bell CHS,Vice President Finance.Facilities&Regional Museums Date: - 2- xeritesL Decembers,311t x'.\DUeumrm\I21671H4.soc Approval/Contact Is Includes later of Agreement Page 7 of 7 RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 8 OF 17, Janice K. Vos Caudill, Pitkin County, CO • .r Pitkin County Open Space and Trails Exhibit A Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 SCOPE OF WORK I. Project Purpose:The purpose of this project is the exterior restoration and stabilization of the Emma Powder House in Basalt,Colorado. II. Scope of Work is as follows: A. Preservation Activities(Construction) 1,New Internal Steel Structure for support of existing roof and floors a.Hand dig adjacent to existing foundations for new footings b.Fabricate and install four new columns inside existing building corners c.Fabricate and install new steel frame inside existing wood hipped roof structure d.Companion new wood framing inside existing wood roof framing e.Remove existing temporary support structure as work progresses 2.Exterior Walls and Masonry Preservation a.Reconstruct areas of masonry wall that are missing or damaged b.Reuse masonry materials salvaged from site and from initial stabilization work c.Provide new compatible masonry materials as needed for use in non-visible locations d.Analyze mortar e.Repair and repoint areas of masonry where brick and/or mortar is missing or deteriorated. f Reconstruct original window openings based on building and photographic evidence 3.Install New Asphalt Roofing Materials a.Remove existing temporary roofing materials b.Remove existing remnants of earlier asphalt shingle roof c.Add a layer of 1/2"plywood to existing skip sheathing to provide basis for new roof materials d.Install continuous ice and water shield on roof surface e.Install new roofing materials with required flashing and other accessories 4.Repair Cupola a.New roofing and sheathing included above b.Repair existing wood cupola c.Stain exposed wood materials 5.Windows and Doors a.Install plywood panels in existing window openings for weather protection b.Repair existing door and add plywood door for weather protection Page 1 of 2 page RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 9 OF 17, Janice K. Vos Caudill, Pitkin County, CO Pitkin County Open Space and Trails Exhibit A Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 B. Professional Services 1.Architecture and Engineering Services a.Design development and construction dots for powder house b.Coordinate bidding and award of construction contract c.Architects and engineers observe progress of construction d.Soils engineering—inspect excavations and existing conditions 2.Archeological monitoring 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. u.\Cuesrru\urzUmton sibs A.doc • Page 2 of 2 page RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 10 OF 17, Janice K. Vos Caudill, Pitkin County, CO • v .S Pitkin County Open Space and Trails Exhibit B Interior and Exterior Rehabilitation of Emma Store Project#2012-0I-017 PROJECT BUDGET TASK AMOUNT • A.Preservation Activities(Construction) 1.New Internal Steel Structure for support of existing roof and Coors $54,000 2.Exterior Walls and Masonry Preservation $26,817 3.Install New Asphalt Roofing Materials $10,580 4.Repair Cupola $1,500 5.Windows and Doors $250 Subtotal:1 593.147 B.Professional Services $14,400 C.Performance Bond,General Conditions,O&P(21%of Subtotal A) $19,561 Pnlea Subtotal S127,108 D.Contingency' _ $14,245 PROJECT TOTAL 5141,353 Giant Award(67%) $94,706 Cash Match(33%) - $46,647 "Contingency-Must receive written approval from SHE Staff prior to use Travel must be within SHF/State allowable rates(5.50/mile—mileage,$100/night—Hotel,$46/day—Per Diem) \Contracts\3)12\1}Inin7 exFibi,B Sac Page lol 1 page RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 11 OF 17, Janice K. Vos Caudill, Pitkin County, CO ` • 1 Pitkin County Open Space and Trails Exhibit C Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 LIST OF SUBMITTALS Project Reports Project Reports Due Date Society Response a. Payment Request Form(Attachment 1). N/A Advance payment of grant Deliverables#1-3 below must be reviewed and award$34,065. approved before Advance payment is made. b. Progress Report#1 June 1,2012 Review" e Progress Report#2 September 1,2012 Review" d. Interim Financial Report(Attachment 1). October 15,2012"" Review&Approve. 1" Deliverables#4-9 below must be reviewed and Interim payment of grant approved before 1"Interim payment is made. award 542,581.E e. Progress Report#3 December 1,2012 Review' 1. Progress Report#4 March 1,2013 Review* g. Progress Report#5 June 1,2013 Review" h. Progress Report#6 September 1,2013 Review' i. Final Financial Report(Attachment 1) October 15,2013m Review&Approve. Final Reimbursement of grant award$8,516.f "At the discretion of the SI-IF 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. """proiect period ends. AU Deliverables due on or before this date. (Payment may increase due to approval of contingency funds Page 1 of 2 page • RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 12 OF 17, Janice K. Vas Caudill, Pitkin County, CO Ned• Pitkin County Open Space and Trails Exhibit C Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 PROJECT DELIVERABLES Submit the following Project Deliverables. Deliverables#1-8 must be reviewed and approved by SHF before commencement of treatments(construction). Project Deliverables Society Response 1. Initial Consultation with SHF Historic Preservation Specialist Review/Comment and or Approve (within 45 days of contract start date) 2. Before/existing condition photos of areas affected by SOW Review/Comment and or Approve 3. Historical photos/documentation of areas to be treated Review/Cotrunent and or Approve 4. Subcontract Certification—Architect Review/Comment and or Approve 5. Construction documents/Plans and specifications Review/Comment and or Approve 6. Materials Testing Analysis and Results Review/Comment and or Approve 7. Subcontract Certification—Contractor(s) Review/Comment and or Approve 8. Preconstruction meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 9. Mock up of masonry reconstruction and repointing Review/Comment and or Approve 10. Interim meeting with SHF Historic Preservation Specialist Review/Comment and or Approve 11. After photos of all areas affected by Scope of Work Review/Comment and or Approve 12. OAHP Archaeological Site Forms,if necessary Review/Comment and or Approve 13. Copy of Archaeological Report,if necessary Review/Comrnent and or Approve H ContexaNWI vmmv r e,b c sc • • Page 2 of 2 page RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 13 OF 17, Janice K. Vos Caudill, Pitkin County, CO Pitkin County Open Space and Trails Exhibit D Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 Legal Description A parcel of land in Tract 88,Tract 61 and Lot 29,township 8 South,Range 87 West of the 6th P.M., described as follows: Beginning at A.P.3 Tract 88,which is monumented with a 1924 GLC Brass Cap; thence N 0°7'21"E 281.76 feet to AP2 Tract 88 which is monumented with a 1924 GLO Brass Cap; thence N 89°40'46"E 1285.43 feet to.AP8 Tract 49 which is monumented with a 1924 GLO Brass Cap; thence along Tract Line AP8-AP9 Tract 49 N0°02'47 E 101.40 feet; thence East 1212.37 feet; thence S16°49'E 054 feet to the Southerly corner of the parcel described in Book 165 at Page 455 of the Eagle County records,which is monumented with an Aluminum Cap marked"PE-LS 2376'; thence along a fence Line S 58°51'30"W 27.68 feet; thence along a fence line S 73°20'W 314.69 feet to a point on the North line Section 13 as shown on "Witheis 7WP Plat approved 1889"; thence along said North line of Section 13(1889)West 109.42 feet; thence S 74°34'W 73.47 feet; thence S 69°51'W 258.37 feet; thence S 71°09'W 290.53 feet; thence S 81°57'W 123.74 feet; thence S 89°43'W 189.82 feet; thence S 090'53'W 24.88 feet to a fence Line; thence along a fence line N 88°05'W 345.75 feet; thence along a fence line 5 86°17'20"W 194.82 feet; thence along a fence line S 88°31'55'\V 521.39 feet; thence S 74°30'28"W 105.95 feet to the Point of Beginning. Excepting from the above that portion granted to the Department of Highways in Rule and Order recorded March 15,1989 in Book 587 at Page 745. Reserving unto Gwendolyn G.Thomas and Vivianne Thomas,their heirs,grantees and assigns a permanent right of way,for access and underground utilities to the following described(2)parcels of property described below(as shown in the recorded General Warranty Deed recorded June 2,1998 as Reception No.417650): PARCEL A A parcel of land in Tract 61, F8S,R87W of the 6th P.M.,county of Eagle,State of Colorado and more particularly described as follows: Beginning at A.P.8 Tract 49,which is monumented with a 1924 GLO Brass Cap; thence along the tract line AP8-AP9 Tract 49,N.00°02'47"E. 104.40 feet; thence N.90°E.756.43 feet to the True Point of Beginning; thence N.00°02'47"E.527.04 feet to a point on the South R.O.W.line of the State Highway; thence along the South R.O.W.line of the State highway N.72°50'51.99 feet; thence along the South RO.W.line of the State highway N.72°50'51.99 feet; thence along the South ROW.line on a curve to the right 427.29 feet(R=1850.00 feet D=13°14' CIi=426.34 feet); thence along the South 12.0 W.line N.86°04'E.33.40 feet; Page 1 of 2 page RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 14 OF 17, Janice K. Vos Caudill, Pitkin County, CO v Pitlda County Open Space and Trails Exhibit D Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 thence N.80°21'E.100.50 feet; thence N.86°04'E.48.30 feet; thence S.00°52'E.300.31 feet; thence N.75°58'W.336.69 feet; thence S.16°49'E.443E feet; thence N.90°W.455.94 feet to the True Point of Beginning. PARCEL B A parcel of land in Tract 49,T8S,R87W of the 6th P.M.,County of Eagle,State of Colorado and more particularly described as follows: Beginning at A.P.8 Tract 49,which is monumented with a 1924 GLO Brass Cap; thence along the tract line AP8-.AP9 Tract 49,N.00°0247"E.104.40 feet to the True Point of Beginning; thence along the tract line APS.AP9 Tract 49,N.00°02'47"E.213.73 feet to the South LOW.line of the State Highway; thence along the South line of the RO.W.N.63°27'G0"E.237.28 feet; thence along the South R.O.W.line on a curve to the right 458.56 feet(R=2805.00 feet,D=09°22',CH.= 458.05 feet); thence along the South line of the RON.N.72°50'E.124.82 feet; thence S.00°02'47"527.04 feet; thence N.90°W.756.43 feet to the True Point of Beginning. Reserving unto Gwendolyn G.Thomas Vivianne Thomas,their heirs,grantees and assigns a thirty(30)feet in width lying fifteen(15)feet on either side of the centerline described as follows: A 30 foot easement,15 feet on each side of described centerline for the purposes of ingress and egress across the parcel of land situated in"Tract 88,Tract 61,and Lot 29 a0 in Section 12,Township 8 South,Range 87 West of the Sixth Principal Meridian,Pitkin County,Colorado. The centerline of said ingress and egress easement is more fully described as follows: Commencing at angle Point No.8,Tract 49,said monument being established in 1924 by the Government Land Office; thence North 82°08'34"East,a distance of 763.68 feet to the northerly boundary of the above described land the True Point of Beginning; thence South 00°02'47"West a distance of 110.84 feet more or less to the southerly boundary of said parcel the terminus of said ingress and egress easement. 11:\Contracts\3112\Ia101]EsiuGr Oder Page 2 of 2 page RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 15 OF 17, Janice K. Vos Caudill, Pitkin County, CO • • EOle STATE HISTORICAL FUND PAYMENT REQUEST AND FINANCIAL REPORT FORM A)General Information Project# Project Tide Grant Recipient: Grant Recipient Contact Instructions: Use this form to request payment and report expenses for projects starring with 2010-02,2010-M2 or later. Indicate payment you are requesting. Report payments made to subcontractors and individuals for work on the project. Do not report payments reported on prior financial reports. Financial Report(Section C)not required for Advance Payment. Include a completed Certification of Expenditures(COE)when submitting a financial report. B)Payment Request:Check Only One ❑Advance Payment ❑In Interim Payment ❑2nd Intenm Payment ❑Final Payment ❑Easement Payment Work must begin within 2 weeks of Request for Adman Payne!,pntaann}advanced funds must be expended poor to receiving interim payments. Final payment is a rrimbumment.Please refit to Exhibit C taut(name/jar payment amounts and Deliverables due before payment Conengenry finds will be added to figments based on prior approvai. Be sure to intuit,ropy of Easement Fee invoice when requesting Easement Payment C) Financial Report: Award Amount $ j Award Ratio j Grant Funds: %/Cash Match: PAYEE NAME BUDGETED TASK DATE PAID WARRANT or AMOUNT PAID CHECK# P'Interim Financial Report Total I hereby certify that all expenses reported above have been PAID and that all god Interim Report Total of the information is correct and that any false or misrepresented information Final Financial Totals may require immediate repayment of any or all funds. Project Total Estimate:Project is % Complete Interest Earned:$ ❑Certification of Expenditures Form(COE)form included '''_, ' '" D) Signature: AO NOT WRITE M THIS AREA Renewed:.: Approved for P yment' Grant Recipient/Project Director Signature Date 11:\Alanual,Coernas Manual.\lone 2011 Afanual\Pay Request and Fine rbl Repel Form-Rev 06-2011.doe Is•ued:)une 1,2011 RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 16 OF 17, Janice K. Vos Caudill, Pitkin County, CO Pitkin County Open Space and Trails Contingency Tracking as of 11/15/12 Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 PROJECT BUDGET TASK AMOUNT A.Preservation Activities(Construction) I.New Internal Steel Strucwre for support of existing roof and floors $54,000 • 2.Exterior Walls and Masonry Preservation 526,817 3_Install New Asphalt Roofing Materials $10,580 4 Repair Cupola $1,500 5.Windows and Doors 5250 Subtotal.d 593.1-17 B.Professional Services $14,400 C.Performance Hood,General Conditions,O&1'(21%of'Subioia/.9) $19,561 Proja>Sablmal 5127,108 D.Contingence' 114,245(see table below) •Appnwed Date, Budget Line Item - Amount Approved Remaining Contingency* 11/15/2012 Al.New Internal Steel Structure - $2,650 =$11,595 11/15/2012 A3.Install New Asphalt Roofing - $4,566 =$7,029 Materials 11/15/2012 A4.Repair Cupola - $210 =$6,819 11/15/2012 A5.Windows and Doors - $330 =$6,489 11/15/2012 B.Professional Services - $550 =$5,939 11/15/2012 C.Performance Bond,General - $1,442 =$4,497 Conditions,O&P PROJECT TOTAL $141,353 Grant Award(677.) $94,706 Cash Match(33'/..) $46,647 'Contingency-Must receive written approval from Sl IF Staff prior to use Travel must be within SI-IF/State allowable rates(5.50/mile—mileage,5100/night—Morel,$46/day—Per Diem) \3.'22\I?Itul]Exhibit H(:.n�inpncc Tracking 11.15 CJ•¢ P..ge I of I page RECEPTION#: 602638, 08/20/2013 at 02:28:26 PM, 17 OF 17, Janice K. Vos Caudill, Pitkin County, CO • 4 Pitkin County Open Space and Trails Contingency Tracking as of 2/19/13 Interior and Exterior Rehabilitation of Emma Store Project#2012-01-017 PROJECT BUDGET TASK AMOUNT :\.Preservaiton Activities(Construction) 1.New Internal Steel Structure for support of existing roof and floors $54,000 2.Exterior Walls and Masonry Preservation $26,817 3.install New Asphalt Roofing Materials $10,580 ' 4.Repair Cupola $1,500 5.Windows and Don ra $250 Pubtold.•i S93,117 11.Professional Services $14,400 C.Performance Bond,General Conditions,O&P(21%q SnbmtsL-ll $19,561 Pro/e>Subtotal S127,1O8 ll.Contingency" $14,245(see table below) Appinved Date Budget Line Item - • :'r?AmountApjrroved Remaining Contingency* '11/15/2012 Al.New Internal Steel Structure - $2,650 =511,595 11/15/2012 A3.Install New Asphalt Roofing - $:1,566 =$7,039 Materials 11/15/2012 -A4.Repair Cupola - $210 =$6,819 11115/21112 AS.Windows and Doors - $330 =56.489 11/15/2012 B.Professional Services - $550 =55,939 11/15/2012 C.Performance Bond,General -Condtouns,O&P $1,442 =$4,497 2/19/2013 B.Professional Services - $2,700 =$1,797 PROJECT TOTAL $141,353 Grant Award(67%) $94,706 Cash March(33%) $46,647 'Contingency-6(tar receive written approval from SI IF Staff prior to use Travel must he within SHF/State allowable rates($.50/1ole-mileage,$100/night-Hord,$46/dal -Per Diem) t LN.nrtam\'-eC\tat 1 1 1 1]tt0S ,11 C. lnµany l urLng:140,1( Rage I of 1 page