HomeMy WebLinkAboutCOLORADO HISTRICAL SOCIETY - CONTRACT - GENERAL CORRESPONDENCE - 3307007NOV.04'2003 15:45 19702246111 City of Fort Collins Adv Plan #2602 P.002
Colorado Kts[criew Society
GCA
APPROVED WAIVE.RFORM I87
CONTRACT
TH 5 CONTRACT, Made this ;? tL day of Alptesf Z G 03 by and between the State of Colorado
for the use and benefit of the Dapacmreot oY Iij or EdueatioCO Colorado Historical Society, 33r70 Broadway, Denver, Colorado 80203,
bcm'ns referred. to a. the Me andhtt the Society, and the City of Fo" Collins, P.0. Box 580. Porn Collins, Colorado 8D522.O580
hereinatta refereed to as the Grant Recipient, bereihatter referred to as the "Contractor", and B.W. Levinger, L.L.C; S.G. lavinger, L,LC.;
and M-E, Levinger, L.I.C. (Limited Liability Company), Owner of Property, 259 South College Avenue Port Collins Colorado 8D524
hemba t refused toss. the property Owner,
WHEREAS, authority exists in the jaw and Funds have ben lnidgeted, appropriated and otherwise made available and a sufficient
imcoenmitted balance .thereof remains available for encumbering and subsequent payment of thls Contract under Encumbrance
Number AA S(f) I D3I � in Fund N=ber 401, Appropriation Account 401 and OtganiSa4oa SHFG; and
WMtEAS, required approval, durance; and coordination has been accomplished from end with appropriate agencies; mad
WHEREAS. Article 12-47.1.1201 of the Colorado Revised Statues and Subsection (5) (b) (III) of Section 9 of Article XviA of the State
constitutimL provide for the annual distribution of monies from the State Historical Fund; and
WHER
SS. and the Grant
Recipient is
eligible
in acc accordance with low to receive a State Historical Fund preservation grata award for acquisition
oP P J grant awards ovet 510,000; and
WHEREAS, this Contract (herrinaltor "Contract" or "Agreement") sets forth the Scope
referred to as the "Project"; and of Work, Budget and Liss of Submittals, heremalter
WHEREAS, the Property Owner is a hailed Liability Company and the owner in fee simple of certain real in Latimer ty,
Colorado, which property has been listed in the National Register of IiM ric Places as the Armstrong Hotel located at 25Cone h
doescribed as followsllege Avenue. : Colorado 80524 hereinafter to as the "Property," and which Property is more pmticularb•
Lots I through 4. Block 1.12, City of Fort Conius, county of Latimer, State o£Colorodo
Also known as 249-201 South College Avenue and 102.106 West Olive Street
NOW THEREPORE, it is hereby agreed that:
L The Ptoperty Owner and Grant Recipient shall use funds, subject to this Contract is support of Project M2004 O1A36
"Structural Rehabilitation" in aceordana with the Scope of (York attached hem ns Exhibit A. including all applicable pions
and spcc�catiens developed prior to or during the contract period, which are hereby made a pan of this Contract by reference.
2. APPLICABLE STANDARDS: The Property Owner and Grant Reciplmt agree the, they will perform the activities and produce
the deliverables listed in Exhtbit C its accordance with the petiacat sections of the applicable Secretary of the Interior's
SrmNurdr jOr Archaevlvgy mud Histanc Fresermiton The
sure activities and praP�Y Owner and Cram Recipient shall perform any and all
eY submitWs is accordance with the Colorado Cuhmal Resource Survey Maattal, Volumes I and IL June
1998 for any and all survey eetivities and projects (copies of which are available through the Society).
3. RIGHT OF USE: All copyrigbtable materints and/or Submittals developed or produced under this contract are subject to a
ro rks or of nonexclusive, turd irrevocable of license >b the $ocicty t0 feProduce, publish, display, Perfbrm, Prepare derivative
works, or othmvix use, and authorize others to reproduce, publish, display gcrfaru% prepare derivative work., or
uSe, the work or works for Society and/or State H(Anrical Fund purposes. otherwise
4, CONTRACT EFFECTIVE DATE: The term of this Contract shall be from September 8, 2003 through December 31,
2005.
Pagc I of 7
NOV.04'2003 15:49 19702246111 City of Fort Collins Adv Plan #2602 P.011
City of Fort Collins Exhibit B
Structural Rehabilitation
Project42004.01-036
PROJECT BUDGET
GRANT
CASH
PROJECT
TASK
REQUEST
MATCH
TOTAL
Brick Restoratlon:
$13,500
$1,500
$151000
Re -point sills
Selective wall pointing
Replace missing & damaged brick
Re -point terra cotta parapet cap
Re -point chimney
Remove paint & graffiti
Clean masonry
Window Restoratlon:
Prep, Prime and Painting
$104,000
$15,13DO
$119.000
2nd Floor.
6 C $1,400 ea = $8,400
44 $1,000 ea = $44,000
2 $ 800 ea = $1,600
9511sa=$5,500
3rdFloor.
6 a $1,400 ea = $8,400
44 Q $1000 ea. = $44, 000
2 @ $ 800 ea_ = $ 1.600
9 0- $ 611 ea. - $ 6,500
Awning
$16,000
$14,000
$29,000
Elevator
$5,000
$10,000
$15,000
Tin Siding
$5,006
$5.000
$10,OD0
Lobby & Staircase Restoration ('/- 2500 sf)
$10,000
$15,000
$25,0D0
(plaster, iron balustrade, tight fixtures, terrazzo floor)
Boiler Replacement & Control upgrades
$0
$$61000
$36,000
Refurbish 2nd & 3rd Floor Hallways
$10.000
$20,000
$30,000
(approx. 8,000 sf of wall & ceiling)
Install historically correct hall doors & transoms
$8,500
$23,600
$32,000
Rehab 2nd & 3rd floors
$0
$195,000
$195,000
approx. 20,000 sf (tenant finish)
Grant Management Fee (C, Tunner)
$0
$4.000
$4,0D0
PROJECTTOTALS
$171,000
$339,000
$610,000
H:1Conb7&ts\20041D401036 Exhibit Ed=
Page 1 of 1 page
NOV.0412003 15:49 19702246111 City of Fort Collins Adv Plan #2602 P.012
Exhibit C
City of Fort Collins
Structural RehablUWtion of Armstrong Hotel
Project # 200"1.036
Contract period September 8, 2003 through December 31, 2005
LIST OF SUBMITTALS
Project Reports
Project Reports Due Date Society Response
a. Payment request form (Attachment 2) N/A awayAdvanPayment of
$51,
b.
Progress Report # 1
January 8, 2004
Review
c.
Progress Report # 2
May 8, 2004
Review
d.
Progress Report # 3
September 8, 2004
Review'
e.
Interim Financial Report (Attachment 1)
September 8, 2004
Review & Approve.
Interim payment of grant
Deliverables 1-5 & 7 below must be ravlewed
award $51.300
and approved before interim payment is made.
f.
Progress Report 4
January 8, 2006
Review
g.
fd Interim Financial Report (Attachment 1)
March 8, 2005
Review & Approve.
2 Interim Payment Of
grant award $51,300
h.
Progress Report# 5
May 8, 2005
Review'
I.
Progress Report # 6
September 8, 2005
Review
j.
Final Financial Report (Attachment 1)
September 8, 2005
Review and Approve,
Final payment of grant
award $17,100
•At'the discretion of the SHF technical staff, progress reports may not receive a response.
PROJECT DELIVERABLES
Submit the following Project Deliverables In sequence.
Project Deliverables Society Response
1.
Before photos of areas affected by Scope of Work
Review/Comment and or Approve
2,
Historical photos/documentation of areas to be replicated/restored
Review/Comment and or Approve
3.
Plans and specifications
Review/Comment and or Approve
4.
Consultation with SHF Technical Staff
Review/Comment and or Approve
5,
Mortar Analysis
Review/Comment and or Approve
6.
After photos of areas affected by Scope of Work
Review/Comrnent and or Approve
7.
Copy of MOU/LOA between GR/Owner
Review/Comment and or Approve
8.
Signed, recorded perpetual easement
Review/Comment and or Approve
11:rznamcb1200410401036 EXWblt C.aoe
Page 1 of 1 page
SHF FINANCIAL REPORT Attachment 1
Project Number: Project JContract Period: Project
Check oniy one: ❑ -Interim or 0 Final Interest Eamed: $
Instructions: Report only PAID, project related, eligible expenses in your report. Use form provided below or attach a similar form or spreadsheet you have prepared.
Attachments must follow format
Amount Patd
Payee name Project Use or Description Date Paid I Warrant or Cash Match Grant Funds Total
Invoice Number
Interim Financial
Final Financial Report Totals I I
Total Protect Costs
I state Utat all expenses reported above have been PAID and that all of the Information contained in
this report Is [tue and correct and have (select only one):
❑ A. Attached, parddocumentation for all grant and cash match expenses reported above,
OR
❑ e. Completed, signed, and attached the SHF Codification of Expenditures (documentation retained an file).
Grant Recipient Signature Date
a RFMM*dW.r.r.r.tra *=b x Sj msa dwwtack wri I.do
NOV.0412003 15:50 19702246111 City of Fort Collina Adv Plan #2602 P.014
STATE HISTORICAL FUND
PAYMENT REQUEST
GRANT RECIPIENT:
PROJECT TITLE:
TOTAL AMOUNT AWARDED $
DATE:
PROJECT NUMBER:
Attachment 2
As the authorized representative of the I hereby
frM mamma
state that the above project. is presently under contract or purchase order agreement with the ,Colorado
Historical Society, State Historical Fund, and request (complete only one section):
Advance Payment Request
An Advance Payment of no more than forty percent (40%) of the total ,,Perot fun' in grant award. I
further state that work has begun or will begin within the next two weeon the project; and that an
advance payment is necessary to proceed with the Scope of Work.
Interim Payment Request (Must initial both lines)
An interim Payment of no more than fifty percent (50%) of the total grant award, I further state that
any advance payment received to date has been fully expended, and that an Interim payment is
necessary to continue with the Scope of Work.
AND
Enclosed is a SHF Interim Financial Report and required documentation or certification of
expenditures (payment will NOS be considered without financial report).
Final Payment Request (Must Initial both lines)
A Final Payment of the remaining balance of award, minus interest earned.
AND
Enclosed is a SHF Final Financial Report and required documentation or certifidation of expenditures
(payment will NOT be considered without financial report).
I understand that the FINAL PAYMENT is a reimbursement, and further state that all invoices and bills
reported on the Final Financial report have been PAID IN FULL.
Signature of Gram Recipient/Project Director
Date
NOV.04'2003 15:46 19702246111 City of Fort Collins Adv Plan _ #2602 P.003 _
is approved in writing by the State Historical Fend Adminnn[ator. The petfotmauoe of the work must be complete no later
than thirty (30) days prior to the Contract ending data
5. COMPENSATION AND METHOD OF PAYMENT: In 00119idwation of the project described in Exhibit A and subject to on
time delivery of completion of the milestones contained in the Lust ojbhbmffmtr set forth In Exhibit C, the State shall pay to
the Grant Recipient a grant not to exceed one hundred seventy one theemad dollars (S171,000.00).
Unless otherwise specified in Exhibit C. the State shall advance fortypolcon (40%) of the total grant amount upon proper
execution of this contend and upon Submissi011 of a SIC payment RegUML $fly pccent (50%) will be paid to the Grant
Recipient upon submission and approval of the Interim SHFFLtmx*d Report The ranoibing ten peroerit (10eh) of the grant
amount shall be paid following Grant Recipient's Submission and The Slate's approval of the Final SBF Finimew Report and
SRF Payment Rcgxt$t Form (Aaaehmentr T and 2). All payments ore subject to the sutiolaceory complerdes of mileseoaas
described in Exhibit C and submission by Grant Recipient of either documented proof or certification of expend[prres
with each financial report
Expenditures incurred by the Gnat Recipient or propetK, Owner prior to execution of this Contract are not eligible
expenditures for State reimbursement. If the Project involves matching funds the SHP may allow prior expenditures in
Aulherance of the Scope I'Work to be counted as part of such matching flmds.
6. ACCOUNTING: At all times from the effective data of this Contract until completion of this project, the Grant Recipient and
Property Owner shall maintain properly segregated books of State 9mds, matching fends, and other funds associated with this
ProjecL All receipts and expenditures associated with said Project shill be documented in a detailed and specific tratmer, and
shall accord with the Budget set forth in Exhibit B. Gram Recipient may sq'ryst budgeted etpandfture amounts up to ten porocm
(10%) within said Budgrt without approval of the State and document the adjustments in Ore next financial repast AdjastmeelS
of budget expenditure amounts in excess of tin percent (109A) must be authorized by the Slate. In no event shall the Slate's total
financial obligation exceed the amount shown in Paragraph 5 above Interest earned,on fonds advanced by the State shall be
applied to eligible project expenditures, and will be deducted from the final payment,
7. AUDIT: The Statc or its authorized representative shell have the right to inspect, examine, and audit Great Recipient's and
Property Owner's rcecstt% books, and accounts, including the right to hire an independent Certified Public Accountant of the
Slate's choosing and w the Slate'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 Grant
Recipient or Property Owner provided that the audit is performed at a time convenient to the Grant Recipient andror Property
Owner and during regular business hours.
S. PARTIES RELATIONSHIP: THE GRANT REC'PMNT AND THE PROPERTY OWNER ARE NOT EMVLOYEES OR
AGEA*IS OF TT-IE STATE, THE GRANT RECIPIENT AND/OR PROPERTY OWNER SHALL HAVE NO AUTHORITY,
EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENT'S OR UNDERSTANDINGS WITHOUT TIM
EXPRESS WRITTEN CONSENT OF THE STATE. TTIE GRANT RECIPIENT AND PROPERTY O"E R REPRESENT
THAT THEY HAVE OR SHALL SECURE AT THEIR OWN EXPENSE ALL PERSONNEL EMPLOYED OR UTILIZED
BY THE GRANT RECIPIENT/PROPERTY OWNER UNDER THIS CONTRACT. THE GRANT RECIPIENT AND/OR
PROPERTY OWNER SHALL BE RESPONSIBLE POR PROVIDING WORKMEN S COMPENSATION COVERAGE AND
ELNEMPLOYMENT COMPENSATION COVERAGE FOR ALL OF THEIR EMPLOYEES TO THE EXTENT REQUIRED
BY LAW, AND FOR ENSURING THAT ALL SUBCONTRACTORS MAINTAIN SUCH INSURANCE. THE
GRANT
RECIPIENT AND/OR PROPERTY OWNER SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND
INCOME TAX WITHHOLDING, ALL OF THE SERVICES REQUIRED HEREUNDER SHALT. BE PERFORMED BY
THE GRANT RECIPIENT' AND/OR PROPERTY OWNER OR UNDER THEIR SUPERVISION.
9. REPRESENTATTVE$ AND NOTICES: All notices reguired to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below, who are also the designated twin entadves for the project
Any party may from time to time designate in writing substitute addresses or persons to whom such notices shall be seat.
To the State: Gloria J. Muniz
Contracts Officer
Colorado Historical Society
State Historical Fund
225 test 16o Avcue, Suite 200
Denver, Colorado 80203-1620
To the Grant Recipient: Ms. Carol Tumor
Historic Preservation Plainer
City of Fort Collins
300 Laporte Avenue
P.O. Box 560
Fort Collins, Colorado 80522-0580
Page 2 of 7
NOV.04'2003 15:46 19702246111 City 9f Fort Collins Adv Plan #2602 P.004
L.L.C. �.., _._._., ._....._... ,,._. «.e...,
(Limited Liabr'lity Company)
259 SOA College Avtame
Port Collins, Colorado 80524
10. ADA CONO LANCE: Tho Grant Recipient and Property Owner assure the State that at all times dmdag the perfort moo of this
connect no qualified individual with a disability shall, by reason of such 4L%biity, be excluded from participation in. or denied
bettefia of the service, programs, of activities performed by the Great Reeipiem and Property Owner, or be subjacxd to any
discrimination by the Gramm Recipient or Property Owner upon which assurance the State relies Further, all real property
improvements shall coofarm m applicable ADA requirements,
11. DISSEMINATION OF ARCHABOLOGICAL SITE LOCATIONS: The Gram Recipient and Property Owner agree to provide
the Society with copies of any archaeological surveys developed during the coarse 09 of under a project financed either wholly
or in part by the Society. The Grant Recipient and Property Owner agree to otherwise restrict access to such archaeological
satveya, as well as 4wess to arty other iofolntatiou ooncoming the nature and location of ambaeologieal resources, in strict
secotdeoce with the provisions of the Cnl0rad0 Historical Society, Office of Archaeology and Historic Preservation,
Dissemination of Coltual Resouroc; Policy and Procedmes, adopted October 1991 (Revised Nov. moon), a copy of which is
available from the Society.
12 REPORTS: The Grant Recipient and/or Property Owner shall deliver project progress reports to the State every six (6) months
during the project which document the progress of the Proimt and SHF FYnanciat R"rrs (Attachment 1) as desca ed and at
the times in the List otSn6x%&4* (Exhibit C). -
13. MATCH0M0 FUNDS: Tito Grant Recipient and Property Owner agree to melon available the necessary-fura s to complete the
Project and provide muchint fiords, if applicable, in accordance with,the PrtijectZadget tits set fbtth'in lith'bit B. the event
that said matching hands become uuavaitable, the State may, in its sole discretion, reduce its total Reading commitment to the
Project in proportion to the reduction in matching funds.
If the total AMCH02 set forth in the Project Budget is not expended an completion of the Project, the State may reduce its
pro -rate, share of the unexpended budget.
14. CONSULTANiStISM VISITS: The State may:
a. Review any Project Plamthtg documents and methods for wu mtity with the applicable standards, manuals, and
goid0ines;
b. Make site visits as determined accessary by the State befbre, during and/or at the conclusion of the Project to provide
on :ate technical advice and to monitor progress.
Any exercise of the States rights under this Paragraph 14 shall not relieve the Grant Recipient or Property Owner 9 any of tts
Connect obligations.
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: in ail publications and similar materials faded under this
Contract a credit lino shall be included that reads: "This Prejeet istwas paid for in part by a State Iistorical Ftmd grant from the
Colorado Mstorieai Society." In addition. the Society reserves the right to require that the following sentence be included in any
publication or similar material laaded through this program: "no contents and opinions contained herein do not necessarily
reflect the views Or policies of the Colorado Futorical Society"-
16. PRESERVATION OF PROPERTY: The Property Owner hereby agrees to the following for a period of ten (10) years
commencing on the data of this Agraemmt
a Without the express written permission of the Society, no Constnrctton, alteration, movement, relocation or remodeling or
any other activity shall be Undertaken or permitted to be undertaken on the Property which would alter the arohnecunal
appearance of the Property, adversely affect the sbvemral soundness of the Property, encroach on the open land area of the
Property, or adversely affect such prominent leadscape, features as trees, hedges, fences, walls or paths. Such work, when
permitted shall be performed awarding to the Secretary of the Interior's Standards jot the Treatnrenr a irtorfd Properaea
and the Guidetfaet for PrwerW ng, Rehabd t omg, Restoring, and Reeonsrructing Historic Bid1dimgs; issued and as y Qom
time to time be amended by the U.S Secretary of the interior, hereinafter collectively referred to as the 'Standards may In all
events, the Property Ouster further agrees at all lutes to maintain the Property in a good and sound state of repair and to
maintain the Property according to the Standardr sows to prevent deterioration of the Property,
b. In the evcnt of severe damage or total destruction to the property (defmod, 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 Property Owner this Agreement shall terminate as of the date of such damage or destruction.
c. The Society, or a duly appointed representative of the Society, shall be permitted to Inspect the Property at all Seasonable
times in Order to ascertain if the above conditions are being observcd.
d. To the extent authorized by law, the Property Owner shall inderan*, save, and hold harmless the State, its employees and
Page 3 of 7
Nov.0412003 15:47 19702246111 _ City of Fort Collins Adv Plan #2602 P.005
terms of this coin= -
17. R51vMMS: In addition to any other remedies provided for in this contract, and wftut limiting its remedies otherwise
available at law, the State may exasise the following remedial actions if the Oro ar Recipient substantially £ails to satisfy or
perform the duties and obligation in this Contract Substantial failure to satlsly the dudes cad obloas yshall be defined to
mean signlfioam, insalffleient, htcarree of improper performance, activities, or inaction by the Owner or Grant
Recipient. These remedial aodoat are as fro]lows:
a Suspend the Grant Recipient's performance pending necessary corrective action as specified by the State without Grant
Recipient's entitlement to adjustment in price/cast or schedule; and/or
b. withhold payment to Great Recipient until the necessary services or corrections in performance are satisfactorily completed
in accordance with the Standards, the SHP' Grants Manual and/or the terms and conditions of this Camract: and/or
c. Request the removal from work at the contract of employees or agents of the Property Owner or Grant Recipient whom the
State justifies as being incoatpeteot, taxless, 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 Stan; and/oc
d. Deny payment for those services or obligations whicb have not been performed and which due to chnttmst inces caused by
the Property Omer or Gent Recipient eaamot be performed, or if performed would be of no value to the Stem. Denial of the
amount of payment must be reasonably related to the value of work or performance lost to the Stan; and/or
e. Declare all or pent of the work ineligible fbr reimbursement and/or
f In the event of a violation of this Agreement, and in addition to ,any remedy now or hereafter Provided by law, the. Society
may, following reasonable nodco to the Chant Recipient institute suit to epjoim said violation or to require the restoration of the
Property to its condition at rho time of this Agreement or condition at the time of the most recent satisfactory inspection by the
Society. The Society shall be entitled to recover oil costs or expenses incmed in connection with such a suit; Including ap court
costs and attotney's fens.
g. Terminate the contract for default.
18. RECAPTURE AND OTI-MR REMEDIES AGAINST PROPERTY OWNER The following receptor provision shall apply
only to the Property Owner. it, the event that the property, as a whole, is sold within a Evt-yter period after completion of the
project, the following recapture provision shall apply: If the property is sold within the first year after completion, one -hundred
percent (100%) of the funds awarded shall be returned to the State. with a twenty percent (20%) reduction per year thereafter.
a. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, the Society
may, following reasonable notice to the Property Owner, institute suit to enjoin said violation or to require the mstomc don of the
Property to its condition at the tame of this Agreement or condition at the time of the most recent satisfactory inspection by the
Society, The Society shall be entitled to recover all Costs or expenses incurred in connection with such a suit, including all court
costs and stiomey's fees-
b. The failure of the Society to exemise any right or remedy granted under this Agreement shall not have the effect of waiving
or limiting the exercise of any other right or remedy or the use of such right or remedy at any other time.
19. CUMULATIVE EFFECT: The above remedies are''eumvlative andthe State, in its sale discretim may exercist may or all of
them individually or simultaneously.
20, TERMINATION OF CONTRACT FOR DEFAULT: If, through any cause, the Grant recipient or the Property Owner shall
fail to fulfill in a timely and proper moaner its obligations under this Contract, or if the Grant Recipient or Property Owner
Shall violate any of the covenants, sg"=0111B, 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 ro the Grant Recipient and Ptopety
Owner of such termination and specifying the eftbctive date theteot at least five (5) days before the effective date of such
tcrmlruidont In that event all finished or unfinished documents, data, studies, surveys, drawings, maps. model, pbotographs,
,products, submittals, and reports or other morainal prepared by the Grant Recipient or property Owner under this Contract
that[ at the option of the Statc, become its property, and the front Recipient and/or Property Owner shall be entitled to
receive just and equitable compensation for nary satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Grant Recipient and the Property Owner shall not be relieved of liability to the State for any
damages sustained by the Stan by virtue of env breach of the Contract by the Orion Recipient or the Property Owner, and the
Stan; may withhold any payments to the Grant Recipient or Property Owner for the purpose of setoff until such time es the
exact amount of damages due the State from the Grant Recipient and/or Property Owner are determined
21- TERMINATION BY STATE: The State may terminate this Contact at any time the State determines that the purposee of the
distribution of State monies under the Contract would no longer be served by Completion of the Project. The ham shall effect
such termination by giving written notice of termination to the Grant Recipient and the Property Owner and specifying the
effective date thereof, at least twenty (20) days before the etfeetive date of such temaination. In that event, all fmisbed or
unfinished documents Rod other materials paid for with State funds shall, at the option of the State, become its property. If the
Centraet is terminated by the State as provided herein, the Orem Recipient and/or Property Owner 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 Grant
Page 4 of 7
NOV.04'2003 15:47 19702246111 _ City of Fort Collins Adv Plan #2602 P.006
•wy,uu, ♦.vy..y vn..w w. v� ,w ........,.vy yw...w.w r. .. rr.w...... y, r..rry .......... ..........y
however, that if less them sixty percent (60%) of the pmjeet covered by this Contract bas been completed upon the effective date
of such termination. the Grant Recipient and/or Property Owner shall be reimbursed (in addition to the above payment) for that
portion of the actual out-of-pocket expenses (not otherwise reimbursed order this Contract) incurred by the Gram Recipient
and/or Property Owner during the Contract period which are directly attributable to the uncompleted portion of the pmiect
covered by this Contract. if this Contract is terminated due to the fault of the Grant Recipient and/or Property Owner, Paragraph
20 hereof relative to teaminatim shall apply.
22. CHANGES: This Contract is intended at the complete integration of all undetstmtdmgs between the panics, at this time, and no
prior or contemporaneous addition. deletion, or other amendment hireta, including an increase or decrease in the amottot of
monies to be paid to the Grant Recipient and/or Property Owner, shall have any force or effect whatsoever, unless embodied in
a wrttten contract amendment incorporating such changes executed and approved pursuant to the Staters Fiscal Rules:
Notwithstanding this provision, modifications to Exhibit A (Scope of Work) and/or to Exhibit C (List of SutHchtalS) may be
approved by letter of ttgmemem, agreed to in writing by all parties, providing that no such letter of agreement may aher either
the total amount of funds payable under the contract, W set forth in Paragapb 5, err 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 Staters Fiscal
Rules.
23. CONFLICT OF INTEREST: The Great Recipient or Property Owner agree not to engage an any conduct, activity. or
rn*+section related to this contract which would constitute a conflict of interest tinder any applicable State or Federal
law.
24. CobVLLANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Grant Recipient and
Fmperty Owner shall strictly adhere to all applicable Federal and State laws that have been or may herso ter be established'-'
25. SEV&RABILIM 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 toms of this Contract we severable, and should any tern or provision hereof
be declared invalid or become inoperative for any reason, such invalidity or failure shall not aft'bot the validity of any other term
or provision hereof. The waiver of any breaeb of a term hereof shall not be construed as waiver of any other tern.
26. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding
upon the parries, or W subcontractors hereto, and their respective successors and assigns.
27. ASSIGNMENT: No party, tar any Subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties_
28. SURVIVAL OF CERTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand and
age that all terms and conditions of this =tract and the exhibits and attachments hereto which may require continued
pefamartee of compliance beyond the termination dam of the contract shall survive each termination doe and shall be
enforceable by the State as provided herein in the event of such failure to perfprrm or comply by the Gram Recipient and/or the
Property Owner or their Subcontractors.
29. BOND REQUIREMENT': If this contract involves the payment of mom than fifty thousand dollars for the construction.
erection, repair, maintenance, or improvamcot of any building, road, bridge, viaduct, tmmel, excavation or other public work
for this State, the Contractor shall, before entering upon the performsacc 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 commet Such
bond shall be duly cx*cutod by a Qualified corporate sutsty conditioned upon the faithful performance of the Contract and in
addition, shall provide that if the Contractor or his subcontractors fail to duty 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 eantraeted to be dorm or fans to pay Pay person who supplies rental machinery, tools, or equipment in the
Prosecution of the work the surety will pay the same in an amount not exceeding the sum Specked in the bond, together with
interest at the rate of eight per cent per am =. Unless Such bond is executed, delivered and filed, no claim in favor of the
Contractor arising Coder 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 prevision is in compliance with CAS
36-25-]q6.
Page 5 of 7
NOV.0412003 15:48 19702246111 City of Fort Collins Adv Plan #2602 P.007
:SrEU A i , rxk) V 1b1vn a
(Far 7Ise 04 y with later-GOVIMMIEW Contracts)
L CONTRO?I XZWS APPROVAL. CRS 24-30-502 (1)
This contract shell not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as be tray desigaato.
2. FUND AVAILABMn Y. CXS 24,30.202 (5.5)
Financial obligations of the State of Colorado payable after the current fisml year are contingent upon funds for that purpose
being appropriated budgeted, and otherwise made available.
3. IND£M MCATION.
To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims,
dateagcs, liability and court awards including costs, mpewea, and attorney fees incurred as a result of say act or omission
"a Cmr==of, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. ,
No term or condition of this contract shall be construed or interpreted N a waiver, express or implied, of any of the
immunities, rights, benefits, protection. or other provisions for the parties, of the Colorado (:overtngental Inrnuaity Act,
CRS 24.10.101 er seq. Or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. As applicable, as now or hereafter amended.
4. IlQDEPF,NDPNT CONTRACTOIL 4 CCR 501-2
TIM CONTRACTOR siWI, rmtPORM ITS DU= HIMECAIDEt AS AN WDbP>, 4=M =MtACTDE. AND NOT AS AN ENWLOYEL
NBrt M THE CONTRACTOR NOR ANY AOENI OR EMPLOYEE Of TM CMMACM SITAM BE OR Dtku BE DSBhl60 TO BE AN
AOEM' VXM,VLOYEB OF TXE STAT5. CWIRACOR SHALL PAY WJMKCUE ALL REQUIRED SOLOYMM TNtas AND WCCQ BMTAX
AND LOCAL HVM TAX ON ANY M M WS PAID BY Tiff STATE FAWANT TO TIRS CONTRACT. CONTRACTOR A=OWLEDOES TEAT
THE CONTRACTOR AND ITS EMPLOYEES AMWW WrnIED TO UNEDiPLOYtIENT MMAU = BStiEVI S UNLESS THS CONTRACTOR
OR TEED PARTY PROv TOES SUCH COVERAnE AND THAT THE STATS DOES NOT PAY FOR Oa OTHERWISE PROVIDE SUCH CDVMtA05.
CONTRACTOR SHALL HAVE NO AUTHOR17ATM. ERPR83S OR MIED, 70 Bnm THE STATE TO ANY AORaBbt NW, Li VZY, OR
UAIDEUTANDINO BXC5Pr AS ZVRESSer Y SET FORTS ElOWN CONTRACTOR SHALL PROVIDE AND 1033P IN FORCE WORKERS'
COA MaATTON (AND PROVIDE PROOF OF SUCH B4 MWICS WEEK REQUESTED BY T1;Y SLATS) AND UNMIQLOYMEYT
CONRENSATMW INSURANCE IN no AMOUNTS EEQUMM BY LAW. Afro VLAILEE =ILY RESPMMLE FOR THE ACTS OF THE
CONTRACTOR, ITS EMPLOYEES AND AOENTS.
S. NON-DISC1LEWNATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment praetiew.
6. CHOICE OF LAW.
The laws of the State of Colorado and rules and regulations issued pursuant thereto sball be applied in the interpretation,
executim and enforcement of this cots et Any provisions of this contract, whether or not incorporated herein- by
reference, which provides for arbitration by any an judicial body or person or which is otherwise in conflict with said
laws, rules. end regulations shalt be considered null and void. Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law Whether by way of complaint, defense, or otherwise. Any provisions rendered null and void
by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable
of execution.
At all limes during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state
laws, rules, and rcgtdations that have been or may bereaft be established.
1. SOFTWARE PIRACY PROMBITION. Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition, operation or maintenance of
computer software in violation of United $= copyright laws or applicable licensing restrictions. The Contractor hereby
certifies that, for the term of ibis Contract and any extensions, the Contactor has in place appropriate systems and controls
to prevent such improper use of public funds. If the State determines that the Contractor is in violation of the paragraph, the
State may exercise any remedy available at law or equity or under this Camrac6 including, without limitation, immediate
termination of the Contract and arty remedy consistent with United States copyright laws or applicable licensing restrictions.
S. EMPLOYEE FINANICAL INTEk.2EST. CRS 24-13-201 & CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
$FFECTSVS AATR: JVLY 1, 2003
Page 6 of 7
Nov.0412003 15:48 19702246111 City of Fort Collins Adv Plan #2602 2.008
ANTRAL70R;
,irrent Recipient)
SPECIAL PROVISIONS
City of Fort Collins
Legal Name of Coptractlag Entity
S •I r t9 �Vv � � GJ 1
MIN
Signature of Authorised Otfleer
.106% C'i+y Mixwaet-
Print Name & Title of AuffidH=d OfflOtt
CORPORATIONS:
(A corporate ettacuioa a required)
Place corporate seal here, if available
✓Yvl
Deputy City Attorney
Attest (Sal) By; A h 4iz A�
(Corporate Secretary or Sg6tvalcut, or Town/City/County Clark)
B.W. Levinger, LLC; S.G. Levinger, L.LC.; and M.E.
Lovinaer, LLC. (Limited Liability Company)
Legal Owner
08z-71Lt -oSLtO -
Social Security Number or FEIN
,L,d
Signature of Legal Owner
AEd�NAR,j1 W. LEV //V4.Q
Print Name & Title of Legal Owner
STATE OF COLORADO
Bill Owens, GOVERNOR
Georgian Corniguglia. President
Colorado Historical Society
DepnrtmeatofH;nlm.rE fdiM1
STATE HISTORICAL FUND
By /i!i t
Mark WolfgDirector
LEGAL REVIEW:
Ken Salazar
ATTORNEY OENERAL
_ Gloria J. 2vluniz / / ✓
Contracts OS"i_q& rate H'swrl ilmd
SF2. 1'l,�ignat &afLegal OtTtijt
Signature of Legal Or
IS2u _ r m r>~2n
CRS 24-30.202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins
prior to the data below, the State of Colorado may not be obligated to pay for goods and/or services
provided. .
State Controller
A.thur L Barn rt
BY:
..
Thomas E. Zimmer
M, Chief Financial
Geer
Date:
g�N',
eSeeeve Dxte: ]arty r, 20e3
Page 7 of 7
NOV.04'2003 15:48 19702246111 City of Fort Collins Adv Plan #2602 P.009
City of Fort Collins Exhibit A
Structural Rehabilitation
Project 92004-01-036
SCOPE OF WORK
1. Project Purpose: The purpose of this project Is the restoration of the Armstrong Hotel.
It. Scope of Work Is as follows:
A Exterior Brick Masonry Rehabilitation on North, South and West Elevations
1. Re -point rowlock sills at all wall openings
2. Remove all loosened and deteriorated mortar from head and bed joints and re -point with
compatible mortar
3. Replace missing and damaged brick with in -kind or matched replacement brick
4. Remove incompatible caulking and deteriorated mortar along terra-cotta parapet cap and
re -point using an appropriately matched pointing mortar
5. Remove all loose and deteriorated head and bed'joint mortar on west chimney and re
point with appropriate mortar
6. Remove existing graffiti and paint on west elevation
7. Clean all masonry on these elevations using a mild, environmentally friendly detergent
and natural bristle brushes,
B. Window Restoration
1. Remove all deteriorated glazing putty and loose paint
2. Repair damaged and deteriorated sash and jamb components using ART epoxy products
3. Prep, prime and re -paint interior and exterior of windows with historically appropriate
colors
4. Re -install finished sashes, replacing ropes and re -install sash weights
5. Repair and refurbish historic soft metal weather stripping, sash locks and pulls.
C, Replace missing historic operable projecting arm awnings
D. Refurbish O'keefe elevator car and enhance lift and control system code compliance
E. Repair historic pressed ornamental tin siding and install missing cap flashing above all
windows and repair and/or replace roof counter flashing
F. Lobby and winding staircase restoration
1. Repair and repaint damaged plaster
2. Repair and refinish ornamental iron balustrade, replacing missing components
3. Replace existing light fixtures with historically appropriate fixtures
4. Repair and re -polish terrazzo floor and cove
G. Replace one non-functioning existing boiler with one efficlent boiler, upgrading piping and
controls
H. Rehabilitate 2"d and 310floor hallways
1. Remove deteriorated wall and ceiling plaster
2. Repair and/or replace plaster
3- Repair and/or replace damaged base and door casing
4; Prep-, prime and paint wells, ceilings, base and casing in appropriate colors
5. Replace existing light fixtures with appropriate fixtures
6. Install new floor covering
Page 1 of 2 page
NOV.0412003 15:49 19702246111
City of Fort Collins Adv Plan #2602 P.010
City of Fort Collins
Structural Rehabilitation
Project $2004 01-036
Exhibit A
I. Reproduce and Install historically correct hall doors and restore transom windows
1. Remove existing non -historic flush doors, repair existing jambs and easing
2. Replace door slabs with historically correct code compliant wood doors
3. Uncover existing transom windows, repair sashes, install new opaque wire glass panes,
making them non -operable, per UCBC requirements
J. Rehabilitate existing V and 31d floor hotel rooms
In accordance with Section 12-471-12-1 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.
M:1Contr2C1s1PDD41D4D1D30 Exhibit A.doe
Page 2 of 2 page