HomeMy WebLinkAbout11527RESOLUTION NO. 11527
A RESOLUTION APPROVING CONTRACT AMENDMENT
NO. 1 TO STATE GRANT CONTRACT NO. 08- PUB -01
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, City Council accepted and approved a State Aviation System Grant to
rehabilitate Runway 8L/26R; and
WHEREAS, both parties wish to increase the grant funds by $2,021.50; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Contract Amendment No. 1 to State Grant Contract No. 08- PUB -0I between the City of
Pueblo, a Municipal Corporation, and the Colorado Department of Transportation Colorado
Aeronautical Board for the Runway 8L/26R Rehabilitation Project, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved.
cFCTTnN
Funds in the amount of $1,161.50 will be expended from Capital Project No. AP0801
Funds in the amount of $860.00 will be expended from Capital Project No. AP0804.
SECTION 3.
The President of City Council is hereby authorized to execute said Contract Amendment
No. 1 on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the
City to the Contract Amendment No. 1 and attest the same
INTRODUCED: February 9, 2009
BY: Randy Thurston
Councilperson
APPROVED 2L
PRESIDENTuiCity Council
4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 7
DATE: February 9, 2009
DEPARTMENT: DEPARTMENT OF AVIATION
THOMAS MARTINEZ, INTERIM DIRECTOR
TITLE
A RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1 TO STATE GRANT
CONTRACT NO. 08- PUB -01 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve a contract amendment to State Aviation Grant Contract No. 08-
PUB -01 that would increase the grant funding amount?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
City Council accepted a State Aviation Grant on April 14, 2008 for costs related to the Runway
8L/26R rehabilitation project at the Pueblo Airport. Due to federal funding delays, the FAA
issued two grants for this project totaling $5,532,694. The first grant was for $441,194 (Capital
Project No. AP0801) and the other was for $5,091,500 (Capital Project No. AP0804). After all
federal funding was finalized and released, it was determined that there would be a shortage in
the matching amounts funded by this State grant in the total amount of $2,021.50. This
amendment covers the deficiency by providing a total increase in the amount of $2,021.50.
FINANCIAL IMPACT
The State grant is increased by the amount $2,021.50 to a total of $146,758.50. Of this amount,
Capital Project AP0801 is increased by the amount of $1,161.50, from $510,873 to $512,034.50;
and Capital Project AP0804 is increased by the amount of $860, from $5,359,473 to $5,360,333.
The additional funds were previously appropriated in each project.
CDOT-Aeronautics Division FF,
Doc. No
Contract Rout. No.'08HAV0OAY
CDAG No. 08-PUB-01
SAP PO No. 291000436
Additional Funds: $2,021.50
COLORADO DEPARTMENT OF TRANSPORTATION
Colorado Aeronautical Board
LUIS=
Amendment Original Contract CLAN # ndment CLAN #
#1 08HAV00045 al AP vox,_
1) PARTIES
This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered
into by and between the City of Pueblo (hereinafter referred to ' "as "the Grantee") and the State of
Colorado acting by and ,.,ihrbugh. the Department of Transportati'oh-Aeronautics Division (hereinafter
called the "the Division." or "the State").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not `be effective or enforceable until it isiaipproved and signed by the Colorado
State Controller or designee (hereinafter called the "Effective D . ate"), but shall be'effective and
enforceable thereafter in accordance with its provisions. The'States'hall not be liable to pay or reimburse
the City of Pueblo for any performance hereunder, including, but. not limited to costs or expenses
incurred, or be bound by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract for/to participate in local match for runway reconstruction.
4) CONSIDERATION
Consideration for this Am endment consists of the payments to be made hereunder and the obligations,
promises and agreement S' her ein set forth.
5) LIMITS OF EFFECT
This Amendment.is incorporated c.orborated by reference into the Contract, and the Contract and all prior
amendments thereto if,any, remain in full force and effect except as specifically modified .herein.
6) MODIFICATIONS.
The Contract and all prior amendments thereto, if any, are modified as follows:
a. Scope of Work
No Change
b. Grant Budget
State: $146,758.50 Local: $146,758.50 Federal: $5,576,823-00
7) EFFECTIVE DATE OF AMENDMENT
"
The effective date hereof is upon approval of the State Controll " , or their delegate.
8) ORDER OF PRECEDENCE.
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction
between the provisions. of this, 'A A mendment and any of the provisions of the Contract, the provisions of
this Amendment shall in all I respects supersede, govern, and control. The most recent version of the
Special Provisions incorporated into the Contract or any amendment shall always control other
provisions in the Contract or any. amendments.
9) AVAILABLE FUNDS
Financial obligations of the`state payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, or otherwise made- available.
Special Provisions
These, 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- 30402(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. GOVERNMENTAL IMMUNITY."No term or condition ofthis contract shall be construed.or interpreted ;as a waiver, express or implied of any of the
immunities, rights, benefits, protections,:or other provisions ofthe Colorado Governmental Immunity - Act; °CRS §24 -10 -101 et seq., or the Federal Tort
Claims Act, 28 U.S.C, § §1346(b) and °267,1 etseq:; as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties.hereunder as an. independent contractor and not as -an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to bean agent or e.mployee,ofthe 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,employe 'es. Unernployment,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..Contcactor 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 andkeep.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. shall strictly comply with all applicable federal and State laws; rules, and regulations in effect or hereafter
establish dP n l thout.I w mitation, aws:.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, null
and void. Any provision incorporated herein by.reference which purports to `negate this orany Special Provision in whole or in part shall.not valid
or enforceable or available in any at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void bythe operation
of this provision'shall not invalidate the'remainderof 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 contact 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
U for the acquisition, operation, or maintenance of computer software in violation of federal copyright =laws or applicabie licensing restrictions.
Contractor hereby certifies and warrants that;. during the term of this contract and "any
r
extensions, ;Contractor has and shall maintain in place appropr
syster7is and, controls to prevent such'improper use of publicfu,'nds. If the State dete mines, that Contractor is in violation of. this provision, the State may
exercise any remedy available , at 'lawor.in.equity:or;under_this contract, including, without_ imitation, 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 §§ 2418 -201 and 24 -50 -507. The signatories aver that to their knowledge,
no employee of the State has "anypersonal or beneficial interest whatsoever in the service or property described in this contract: Contractor has no
interest and shall not acquire any Interest, director indirect, that would conflict in any manner'or degree with the pe rform ance of Contractor's Services and
Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS'-30 202`(1) and 24 -30- 202.4. [Not Applicable.to intergovernmental agreements] Subject to CRS §24 =30 -202.4
(3.5), the State Controller may withhold payrne it under the_State's:vendoroffset intercept system`�for debts owe'd State agencies for (a) unpaid child
support debts or child support arrearages (b) unpaid' balances of tax, accrued interest, or other charges pecified in CRS §39 -21 -101, et seq.; (c) unpaid
loans'due to the Student Loan Division`of the;Depa rtment of Higher Education; (d) amounts required to be,paidto the Unemployment Compensation
- Fund;,and (e) other unpaid debts owing t4State as a result of final agency determination or judicial action.
1.1. PUBLIC-CONTRACTS FOR SERVICES: CRS. §8 17.5.101. [Not Applicable;to agreements�relating to4he `offer, issuance, or sale of
securities, investmehtadvisoiy service,s:or'fund,management services; sponsored protects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies; warrants; and agrees that it:does'not . nowinglyemploy or contract with an illegal
alien, who will, work under this contract and will confirm the em to ment el'i ibilit of all employees who are newl 'hired. for employment in the
P ;, _,.. p Y g Y_ Y
United States to " perform work underthis confract ;'through : participationin the E= Verify Programor.the Department program,established pursuantto CRS
§8-17 Con not; knowingly "employ - contract with an illegal alien to` perforrr work under this contract or`enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not Iknowingly employ or.contract with an illegal alien 'to perform work under this
n i Contractor (a) sha not use E-VerifyProgeam or Department pr 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 <subcontractoris P
em to in ` or with il alien for work contract, c shall terminate the subcontractif asubcontractor does
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` not stop employing or contracting With the illegal .alierr within,three days' of receiving the notice;} and . (d) shall comply with reasonable requests'made inahe
course of an investigation; u to CRS §8 -17.5- 102(5) by the Colorado Department of Labor and Employment If.Contractorparticipates
in the Department program, Contractosshalld61iver to.ithe contracting -State agency, lnstitution,of Higher Education or political awritten,.
_ notarized affirmation, affirming that Contractor has ezamm "ed :the -legal work.status of such employee, and shall comply with-all of. the o requirement
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 politicalsubdivisiorrmay terminate this contract for breach and, ifao terminated, Contractor shall be liable for damages.
s
12 PUBLIC CONTRACTS WITH NATURAL PERSONS'. CRS §24- 76.5 -101. Contractor, if , a naturalperson; eighteen (18) years of age or, older „hereby
swears and affirms under penaltyof perjury thathe or she (a) is a_ctizen or otherwise lawfully; presenf in United States pursuant to federal. law, - (b) shall
comply with the provisions of.CRS” §24;76:5 -101 et seq:;?and (c) hasproduced one
of.this contract.'
form of identificMion.required by CRS §24- 76.5 -103 prior to the effective date
t:
Revised 1 1 9
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