HomeMy WebLinkAbout11419RESOLUTION NO. 11419
A RESOLUTION APPROVING A TRANSPORTATION ENHANCEMENT CONTRACT
AMENDMENT #1, STE -M086 -042 (14726) BETWEEN THE COLORADO DEPARTMENT OF
TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION RELATING
TO THE UNION AVENUE STREETSCAPE PROJECT AND AUTHORIZING THE PRESIDENT OF
CITY COUNCILTO EXECUTE SAME
WHEREAS, the State of Colorado, Department of Transportation, has offered through
Contract STE -M086 -042 (14726) - Union Avenue Streetscape Project;
WHEREAS, the City of Pueblo has budgeted and appropriated funds for the project through
DT0401; and
WHEREAS, the State of Colorado, Department of Transportation, desires to amend the
Basic Contract to add the City of Pueblo's Local Overmatch to the project;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract Amendment #1 between Pueblo, a Municipal Corporation, and the State of
Colorado, for the use and benefit of the State Department of Transportation for Transportation
Enhancement Project STE M086 -042 (14726) a copy of which is attached and on file in the office
of the City Clerk, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
Funds for the Local Overmatch in the amount of $75,000 has been previously budgeted and
appropriated in capital project HARP Foundation, EL0102 for the Headwaters Fountain and the
Citywide Aesthetic Improvements Fund, CP0701.
SECTION 3.
The President of the City Council is authorized to execute and deliver the amended
Contract in the name of the City and the City Clerk is directed to affix the seal of the City thereto
and attest same.
SECTION 4_
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED September 22. 2008
Councilperson
APPROVE
Lim
PPI`81f I T' i I
0'r
BY Randv Thurston
Res.IM5
I � Q
CD
Background Paper for Proposed
RESOLUTION
DATE: SEPTEMBER 22, 2008 AGENDA ITEM # 11
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING A TRANSPORTATION ENHANCEMENT CONTRACT
AMENDMENT #1, STE -MO86 -042 (14726) BETWEEN THE COLORADO DEPARTMENT OF
TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION RELATING
TO THE UNION AVENUE STREETSCAPE PROJECT AND AUTHORIZING THE PRESIDENT
OF CITY COUNCILTO EXECUTE SAME
ISSUE
Should City Council approve a Transportation Enhancement Contract Amendment #1 between
the Colorado Department of Transportation and the City of Pueblo related to the Union Avenue
Streetscape Project and authorizes the President of City Council to execute same?
Adoption of Resolution
BACKGROUND
The City of Pueblo has been awarded a Transportation Enhancement Grant from the Colorado
Department of Transportation for the Union Avenue Streetscape Project in the amount of
$100,000. The City has provided the required Local Match of 20 %, $25,000. The project total
cost is in the amount of $200,000 of which $75,000 is overmatch from the Contract amount.
CDOT is requiring that the overmatch be officially stated as budgeted and appropriated in the
Contract Amendment #1. This Resolution states that the overmatch has been previously
budgeted and appropriated through the El Pueblo/Harp Fund, EL0102 for the Headwaters
Fountain and through the Citywide Aesthetic Improvement Fund, CP0701.
The streetscape project has been completed. The amendment is required for CDOT to pay the
City for the work preformed in the project.
FINANCIAL IMPACT
Funds in the amount of $75,000 have been previously budgeted and appropriated for the project
through EL0102 and CP0701.
(FMLAWRK)
PROJECT STE M086-042,(14726)
Region 2, (la/bh)
09 HA2 00019
SAP ID 271000823
CONTRACT AMENDMENT #1 ,,/
THIS AMENDMENT, is made this 10 1-14 day of 20Db, by and
between the State of Colorado for the use and benefit of the Col rado Department of Transportation,
hereinafter referred to as the "State ", and the CITY OF PUEBLO, 211 D Street, Pueblo, CO 81003,
CDOT Vendor # 2000036, hereinafter referred to as the "Contractor" or the "Local Agency ".
FACTUAL RECITALS
Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for this Project as
set forth below; and,
2. Required approval, clearance, and coordination has been accomplished from and with
appropriate agencies; and,
The Parties entered into the contract dated March 24, 2004, routing number 04HA200037,
known hereafter as "the Basic Contract"; and,
4. The Basic Contract is an intergovernmental agreement between the State and the Contractor
consisting of streetscaping along Union Avenue, referred to as the "Project' or the "Work."
Such Work will be performed in Pueblo, Colorado, and,
5. The Basic Contract is still in effect and provides for changes to its terms and conditions by
written supplement or contract amendment, and,
6. The Parties also now desire to amend the Basic Contract to add Local Overmatch by revising
Recital #1 and Exhibit C, replace the Special Provisions to the current version and replacing
the Funding Letter with the Option Letter by revising Section 25 and Exhibit F, and,
The Parties enter into this Amendment pursuant to the provisions of Colorado Revised
Statutes, Sections 24 -30 -1401 et seq., Section 43 -1 -106, and Section 43 -1 -110, as amended.
NOW THEREFORE, it is hereby agreed that:
Consideration for this Amendment consists of the payments that shall be made pursuant to this
Amendment and the promises and agreements herein set forth.
This Amendment is supplemental to the Basic Contract, which is, by this reference,
incorporated herein and made a part hereof, and all terms, conditions, and provisions thereof,
unless specifically modified herein, are to apply to this Amendment as though they were
expressly rewritten, incorporated, and included herein.
2. The Basic Contract is and shall be modified, altered, and changed in the following respects
only:
a. Recital Number I shall be amended to read as follows:
Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for payment of project and
Local Agency costs in Fund Number 400, Functions 3988 (Utility) and 3301 (Construction), GL
Acct. 4231200011, WBS Element 14726.10.30 and 14726.20.10 (Contract Encumbrance: Basic
Contract - $125,000.00; Amendment 91 - $75,000.00; Total Contract Encumbrance Amount:
$200,000.00).
b. Exhibit F (Funding Letter) shall be removed and replaced with the Sample IGA
Option Letter (attached) and the corresponding language in Section 25 shall be
removed and replaced in its entirety by the following:
Section 25. Option Letters
Option Letters may be used to extend Agreement term, change the level of service within the current
term due to unexpected overmatch, add a phase without increasing contract dollars, or increase or
decrease the amount of funding. These options are limited to the specific scenarios listed below.
The Option Letter shall not be deemed valid until signed by the State Controller or an authorized
delegate. Following are the applications for the individual options under the Option Letter form:
Option 1 - Option to extend or renew (this option applies to Highway and Signal maintenance
contracts only). In the event the State desires to continue the Services and a replacement contract has
not been fully approved by the termination date of this contract, the State, upon written notice to
Contractor, may unilaterally extend this contract for a period of up to one (1) year. The contract shall
be extended under the same terms and conditions as the original contract, including, but not limited to
prices, rates and service delivery requirements. This extension shall terminate at the end of the one
(1) year period or when the replacement contract is signed by the Colorado State Controller or an
authorized delegate.
The State may exercise this option by providing a fully executed option to the contractor,
within thirty (30) days prior to the end of the current contract term, in a form substantially equivalent
to Exhibit F. If the State exercises this option, the extended contract will be considered to include
this option provision. The total duration of this contract, including the exercise of any options under
this clause, shall not exceed five (5) years.
Option 2 — Leve of service change within current term due to unexpected overma in an overbid
situation only In the event the State has contracted all project funding and the Local Agency's
2
construction bid is higher than expected, this option allows for additional Local Overmatch dollars to
be provided by the Local Agency to be added to the contract. This option is only applicable for Local
Overmatch on an overbid situation and shall not be intended for any other Local Overmatch funding.
The State may unilaterally increase the total dollars of this contract as stipulated by the executed
Option Letter (Exhibit F), which will bring the maximum amount payable under this contract to the
amount indicated in Exhibit C -1 attached to the executed Option Letter (future changes to Exhibit C
shall be labeled as C -2, C -3, etc, as applicable). Performance of the services shall continue under the
same terms as established in the contract. The State will use the Financial Statement submitted by the
Local Agency for "Concurrence to Advertise " as evidence of the Local Agency's intent to award and
it will also provide the additional amount required to exercise this option. If the State exercises this
option, the contract will be considered to include this option provision.
Option 3 — Option to add overlapping phase without increasing contract dollars The State may
require the contractor to begin a phase that may include Design, Construction, Environmental,
Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or
Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original
contract with the contract dollars remaining the same. The State may exercise this option by
providing a fully executed option to the contractor within thirty (30) days before the initial targeted
start date of the phase, in a form substantially equivalent to Exhibit F. If the State exercises this
option, the contract will be considered to include this option provision.
Option 4 - To update funding (increases and /or decreases) with anew Exhibit C This option can be
used to increase and/or decrease the overall contract dollars (state, federal, local match, local agency
overmatch) to date, by replacing the original funding exhibit (Exhibit C) in the Original Contract with
an updated Exhibit C -1 (subsequent exhibits to Exhibit C -1 shall be labeled C -2, C -3, etc).
The State may have a need to update changes to state, federal, local match and local agency
overmatch funds as outlined in Exhibit C- 1, which will be attached to the option form. The State
may exercise this option by providing a fully executed option to the contractor within thirty (30) days
after the State has received notice offending changes, in a form substantially equivalent to Exhibit F.
If the State exercises this option, the contract will be considered to include this option provision.
c. Exhibit C to the Basic Contract shall be removed and replaced in its entirety by
Exhibit C -1, which is attached hereto and incorporated herein by this reference. All
references in the Basic Contract to Exhibit C shall be removed and replaced by
Exhibit C -1, as appropriate.
d. The Special Provisions in the Basic Contract shall be removed and replaced with
SPECIAL PROVISIONS
Tlx Special Provisions apply to all contracts emspl where noted in dabcs.
1. CONTROLLER'S APPROVAL. CRS § 2430.202(1). This andraC shall not be deemed valid until it has been approved by the Colora& State Controller a
desig=.
3
2. FUND AVAILABILITY. CBS §2430- 202(5.5). Financial obligations of the State payable after the current fiscal year are co tir art upon finds forthat
purpose being appropriated, budgeted, and otherwise nude available.
3. INDEMNIFICATION. To the extent authorized by law, the Contractor shall indemnify, save, and holdhamilessthe Slate, ds employe and apt% against any
a all claims, damages, liability and court awards including costs, expenses, and a0oney fees arid related costs, irwared as a result ofa yadoanm;9anbyCatrator,
or its employee, apns, subcontractors, or assignee purs to the terms ofthis contract.
fApp&cob(e Only to LnergovernmenadConbaml No term or condition ofths co tmot shall be construed ointerpreted a9 a waiver, express implied ofa yotthe
momma lies, rights, benefits, protection, or other provisions, ofte Cokradu Govemmheaal humanity Act, CRS §24-10 -101 dsxl, or to Federal Tort Claim Act. 28
U.S.C. 2671 d sail, as applicable, as now or hereafter amended
4. INDEPENDENT CONTRACTOR.4 CCR 801 -1 Contractor shall perform its duties hereunder as an "vndependentmmaela mid nut asatenployee. Neither
contractor her any agent or empbyee of contractor shall be or shall be deemed to bean agent or employee ofthe state Contractor shall pay whan due all required
erhployuhhent taxes and aaouetaxs and toed headtaxes onanymoaes paid bydhe satepurswt tothis contract Cohtroctoaclmowledgestlat contractor and as
employees ae inchentitled 0unemployment usurance benefits unless cahOmctoraat urcipartyprovides such coverage and the the slate dosratpay f roo0hawise
provide such coverage. Contmetorshall have no a olio izabon, expr ®orinplied, to bid the date to any agreement, liabilitymudenstading except as expreslyad
faith herein. Canada shall provide and keep in face workers cmb penation (andprovide proofofsuchinsumna: whehreyuestedby the slate)and unemployment
compensation insurance mthe amounts required bylaw and shall be solely responsible for is ads and those ofits employees and agents.
5. NON- DISCRIMI NATION. Contractor agreesto corplywiththe letterand the spirit ofa0 applicable Slate ardfAe allawsrr�a7ugdivahmhatimandu�ir
eoploynrent praci-
6. CHOICEOFLAW.The lawsofthe Slate ofColoado, andantes and reguldiora issued pasardtherem, shall he applied in [be interpretation, exeatioa, and
enforcement ofthis eonaac. Anyprowsm oflhis contract, whalwor not incorporated herein by reference, which provides forafiihationbyanyexta -jndimidbodyor
person owhich is otherwise in conflict withsaid laws, rules, and regulations shall be considered null and void Nothiagecaained many pmnsion hanpmafedhaem
by reference whshptupnta to negate this many other special provision in whole or in part sball be validerenf rceablea availablemalryaclahalaw, whether by way
ofcoruplaint, defense, o otherwise. Anypou ision rmderednull and void byte operation ofthe provisionwill not invalidate the rmhatdaoftl�mhh-egtolheexdat
dhatts contract is capable ofexecumic. At all times duringtre performance ofthiscontrac, Contractor shall strictly adhere to all applicable federal and Slate laws,
rules, and regulates thal have been or may hereafter be established.
7. VENDOR OFFSET. CRS §§ 2430- 202(1)and 2430- 2074,[Not Applicable to Intergovernmental AgremitentslIhe State Controller may withhold
payment ot' certain debts owed to State agencies under the State's vendor otfsc hdemept system for. (a) unpaid child support debts armarages; (b)punpaal
bdaraes oftax, aaxued interest, or other c specified in CRS §39 -21- 101, et set.; (c) unpaid loos due to the Student lean Division oftheDeepermvntofllrgher
Education; (d) amounts required lobe paid to the Unemployaard Compensation Fwd; and (e) other unpaid debts certified by the Side Continuer as; ovagtollheState
as a reach of final ageray detarn atien ajudicid adios.
& SOFTWARE PIRACY PROHIBITION. Governor'sExecutive Order D 00100.No Sat e or dherpublic funds payable udailtsmtract s housed
fathe acquisition, operation, ornastaarae ofcomputersoltware in violationc>ffederal copyright laws oapplicable liccsingreshiciiaa. Cotracorlerebywtfies
t hat, for the tern offlus axaadad anyextarvoq Catra#rhas in place appropriate systems and controls to peventsuch improperuseofpublie foals. Iftesale
determines t Contractor is in violation ofthis paragraph, the State may exerase any remedy available at law or equity or under th contmcl, including without
limiatio n, mormchate terror nalionofthis contract and av remody consisted with f deral copyright laws or applicable licensmgredridiom.
9. EMPLOYEE FINANCIAL INTEREST. CBS §2418 -201 and § 2450.507. The signatories aver that to their knowledge, noemploywoPoeSatelasany
personal or beneficial iuenat whatsxrva in the service or property described in th contract
10. PUBLIC CONTRACTS FOR SERVICES. CRS §847.5 -101. [NotApplicahk to agreements relating to the offer, issuance, or sale of
securities, investment advisory services err find mas agemearservices, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it dos not knowingly employ or contract with an illegal
alien who will perform wait under this contract and will confirm the employment eligibility of all employes 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), Contractur shall not knowingly employ a contract with an illegal alien to perform work under this contract or enter into a
contract with a subcontractor that fails to certify to Contactor that the subcontractor shall "A knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre - employment
screening ofjob applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting Stale 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 t notice, and
(d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5 - 102(5), by the Colorado
Department of Labor and Employment If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency,
institution of higher education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of
such employee, and comply withal] 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 d 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.
11. PUBLIC CONTRACTS WITH NATURAL PERSONS. CBS §2476.5 -101. Contractor, if a natural person eighteen (18) years of age or
older, hereby swears and atfimns under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant m
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 May 13, 2008
0
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
B R,JR., OV RNOR
City of Pueblo M� ay—
Legal Name of Contracting Entity For Executive Director
Department of Transportation
2000036
CDOT Vendor Number
Signature of Authorized Officer
Barbara A. Vidmar
President of Ci Council
Print Name & Title of Authorized Officer
LEGAL REVIEW:
JOHN W, SLITHERS, ATTORNEY GENERAL
By
CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) By _ A
(Corpor Secretary or Equivalent. or Town/CitylCounty Clerk)
(Place Corporate Seal here, if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
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 date below, the State of Colorado may not be obligated to
pay for the goods and /or services provided.
STATE CONTROLLER:
D V J. MCD OTT, CP
By, f
Date 1
b. Local Agency Matching Funds - @ 20% $ 25,000
c. State Funds $
d. Local Agency Overmatch FY 2008 $75,000
TOTAL BUDGETED FUNDS $ 200,000
2 ESTIMATED CDOT- INCURRED COSTS FOR FY 2008
a. Federal Share $0
(0% Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0
Non - Participating Costs (Including Non -
Participating Indirects) $0
Estimated to be Billed to Local Agency $
TOTAL ESTIMATED CDOT- INCURRED COSTS $
3 ESTIMATED PAYMENT TO LOCAL AGENCY FOR FY 2008
a. Federal Funds Budgeted (1a)
b. State Funds Budgeted (le)
C. Less Estimated Federal Share of CDOT - Incurred Costs (2a)
$ 100,000
$0
$0
TOTAL ESTIMATED PAYMENT TO LO CAL. AGENCY S Iuu,uuu 1
4 FOR CDOT ENCUMBRANCE PURPOSES FOR FY 2008
Total Encumbrance Amount
$ 200,000
Exhibit C -1 —Page 1 of 2
EXHIBIT C FUNDING PROVISIONS
A. The Local Agency has estimated the total cost of the Project to
be $200,000.00, which is to
be funded as follows:
Current and Anticipated Total Project Funds
FY
FY 2008
2009
Funds
Funds
Totals
Federal Funds
$100,000
$0.00
$100,000
State Matching Funds
$0.00
$0.00
$0.00
Local Matching Funds
$25,000
$0.00
$25,000
Local Overmatch
$75,000
$0.00
$75,000
Totals
$200,000
$0.00
$200,000
1 BUDGETED FUNDS FOR FY 2008
a. Federal Funds - @ 80.00%
$ 100,000
b. Local Agency Matching Funds - @ 20% $ 25,000
c. State Funds $
d. Local Agency Overmatch FY 2008 $75,000
TOTAL BUDGETED FUNDS $ 200,000
2 ESTIMATED CDOT- INCURRED COSTS FOR FY 2008
a. Federal Share $0
(0% Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0
Non - Participating Costs (Including Non -
Participating Indirects) $0
Estimated to be Billed to Local Agency $
TOTAL ESTIMATED CDOT- INCURRED COSTS $
3 ESTIMATED PAYMENT TO LOCAL AGENCY FOR FY 2008
a. Federal Funds Budgeted (1a)
b. State Funds Budgeted (le)
C. Less Estimated Federal Share of CDOT - Incurred Costs (2a)
$ 100,000
$0
$0
TOTAL ESTIMATED PAYMENT TO LO CAL. AGENCY S Iuu,uuu 1
4 FOR CDOT ENCUMBRANCE PURPOSES FOR FY 2008
Total Encumbrance Amount
$ 200,000
Exhibit C -1 —Page 1 of 2
Local Overmatch Contribution
Net to be encumbered as follows:
WBS Element 14726.10.30 Utilities 3988
WBS Element 14726.20. 10 Const 3301 $
B. The matching ratio for the federal participating funds for this project is 80.00% federal -aid
funds (CFDA #20 2050) to 20.00% Local Agency funds, it being understood that such ratio
applies only to the $125,000.00 that is eligible for federal participation, it being further
understood that all non - participating costs are bome by the Local Agency at 100 %. If the
total participating cost of performance of the Work exceeds $125,000.00, and additional
federal funds are made available for the project, the Local Agency shall pay 20.00% of all
such costs eligible for federal participation and 100% of all non - participating costs; if
additional federal funds are not made available, the local agency shall pay all such excess
costs. If the total participating cost of performance of the Work is less than $125,000.00,
then the amounts of Local Agency and federal -aid funds will be decreased in accordance with
the funding ratio described herein. The performance of the Work shall be at no cost to the
State.
C. The maximum amount payable to the Local Agency under this contract shall be $100,000.00
for Fiscal Year 2008 funding. For CDOT accounting purposes, the federal funds of
$95,838.00, local matching funds of $23,960.00, and local overmatch funds of $75,000.00
will be encumbered for a total new encumbrance of $194,798.00 unless such amount is
increased by an appropriate written modification to this contract executed before any
increased cost is incurred. It is understood and agreed by the parties hereto that the total cost
of the Work stated hereinbefore is the best estimate available, based on the design data as
approved at the time of execution of this contract, and that such cost is subject to revisions (in
accord with the procedure in the previous sentence) agreeable to the parties prior to bid and
award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and /or state and /or Local Agency sources, as
applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that any
party terminating its interest and obligations herein shall not be relieved of any obligations
which existed prior to the effective date of such termination or which may occur as a result of
such termination.
Exhibit C -1 —Page 2 of 2