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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 . Y . 9 9 g �: ), ` 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 ,