HomeMy WebLinkAbout11822RESOLUTION NO. 11822
A RESOLUTION APPROVING THE CONTRACT
AMENDMENT NO. 1 FOR THE TRANSPORTATION
ENHANCEMENT CONTRACT, ES2 CO20 -033, (17349)
BETWEEN THE STATE OF COLORADO, DEPARTMENT
OF TRANSPORTATION AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, RELATING TO THE
EASTERN GATEWAY LANDSCAPE PROJECT AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, the State of Colorado, Department of Transportation has added
mandatory Contract Monitoring System (CMS) language. The scope of work and
financial exhibits remain unchanged;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract Amendment #1 between the City of Pueblo, a Municipal
Corporation and the State of Colorado, Department of Transportation relating to the
Eastern Gateway Landscape Project, a copy of which is attached hereto and
incorporated herein, having been approved as to form by the City Attorney, is hereby
approved.
SFOTinN 9
The President of City Council is authorized to execute and deliver the Contract
Amendment in the name of the City and the City Clerk is directed to affix the seal of the
City thereto and attest same.
INTRODUCED: March 8, 2010
BY: Judy Weaver
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING THE CONTRACT AMENDMENT NO. 1 FOR THE
TRANSPORTATION ENHANCEMENT CONTRACT, ES2 CO20 -033, (17349)
BETWEEN THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION
AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO THE
EASTERN GATEWAY LANDSCAPE PROJECT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve Contract Amendment #1 between the City of Pueblo
and the State of Colorado, Department of Transportation relating to the Eastern
Gateway Landscape Project and authorizing the President of City Council to execute
same?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
This project is partially funded by the American Recovery and Reinvestment Act
(ARRA) federal program. The Contract Amendment adds mandatory Contract
Monitoring System (CMS) language only. The scope of the work and financial exhibits
remain unchanged.
FINANCIAL IMPACT
There is no financial impact from the Contract Amendment #1, ES2 CO20 -033 (17349).
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PROJECT ES2 CO20-033,(17349)
Region 2, (BH)
CONTRACT AMENDMENT #1
10 HA2 11763
SAPID 271001128
THIS AMENDMENT, is made this 1 �f- day of Apt, t— , 20 /b, by and
between the State of Colorado for the use and benefit of the Colorado Department of Transportation,
hereinafter referred to as the "State ", and the City of Pueblo, 211 East D. Street, Pueblo, Colorado
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 February 4, 2010, routing number 10 HA211145,
known hereafter as "the Basic Contract "; and,
4. The Basic Contract is an intergovernmental agreement between the State and the Contractor
consisting of Landscape and Irrigation installation at the intersection of HW 50B and HWY
47 in Pueblo, Colorado; and,
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 the Contract Monitoring
System Language; 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,
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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. Statewide Contract Monitoring System, the following language shall be added to the
contract as Section 32 to read as follows:
32. Statewide Contract Monitoring System
If the maximum amount payable to the Local Agency under this Agreement is $100,000
or greater, either on the Effective Date or at anytime thereafter, this §32 applies.
The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-
102- 205, §24 - 102 - 206, §24 - 103 - 601, §24 - 103.5 -101 and §24 -105 -102 concerning the monitoring
of vendor performance on state agreements /contracts and inclusion of agreement /contract
performance information in a statewide contract management system.
The Local Agency's performance shall be subject to Evaluation and Review in
accordance with the terms and conditions of this Agreement, State law-, including CRS §24-
103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local
Agency's performance shall be part of the normal Agreement administration process and the
Local Agency's performance will be systematically recorded in the statewide Agreement
Management System. Areas of Evaluation and Review shall include, but shall not be limited to
quality, cost and timeliness. Collection of information relevant to the performance of the Local
Agency's obligations under this Agreement shall be determined by the specific requirements of
such obligations and shall include factors tailored to match the requirements of the Local
Agency's obligations. Such performance information shall be entered into the statewide Contract
Management System at intervals established herein and a final Evaluation, Review and Rating
shall be rendered within 30 days of the end of the Agreement term. The Local Agency shall be
notified following each performance Evaluation and Review, and shall address or correct any
identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that the Local Agency
demonstrated a gross failure to meet the performance measures established hereunder, the
Executive Director of the Colorado Department of Personnel and Administration (Executive
Director), upon request by CDOT, and showing of good cause, may debar the Local Agency and
prohibit the Local Agency from bidding on future Agreements. The Local Agency may contest
the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in
either removal or correction of the evaluation (CRS §24- 105 - 102(6)), or (b) under CRS §24 -105-
102(6), exercising the debarment protest and appeal rights provided in CRS § §24- 109 -106, 107,
201 or 202, which may result in the reversal of the debarment and reinstatement of the Local
Agency, by the Executive Director, upon showing of good cause.
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL. T R, JR., G E R
By tr--
City of Pueblo For Executive Director
Legal Name of Contracting Entity Department of Transportation
2000036
CDOT Vendor Number
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GENERAL
Signature of Authorized Officer
Lawrence W. Atencio
President of City Council
Print Name & Title of Authorized Officer
LEGAL REVIEW:
JOHN W. SUTHERS, ATTORNEY
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CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) By
(Corpor Secretary or Equivalent, or TownlCitylCounty 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:
DAVID J. RMOTT, CPA
By
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