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Home My WebLink About11823RESOLUTION NO. 11823 A RESOLUTION APPROVING THE CONTRACT AMENDMENT NO. 1 FOR THE TRANSPORTATION ENHANCEMENT CONTRACT, ES2 M086 -056, (17220) BETWEEN THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO THE NORTHERN AVENUE STREETSCAPE AND TRAIL REPLACEMENT 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 Northern Avenue Streetscape and Trail Replacement Project, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. 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 M086 -056, (17220) BETWEEN THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, RELATING TO THE NORTHERN AVENUE STREETSCAPE AND TRAIL REPLACEMENT 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 Northern Avenue Streetscape and Trail Replacement 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 M086 -056, (17220). (FMLAWRK) PROJECT ES2 M086-056,(17220) Region 2, (BH) CONTRACT AMENDMENT #1 10 HA2 11767 SAPID 271001127 THIS AMENDMENT, is made this 1 4- day of Api- it- , 20/'D ' 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 1. 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, 3. The Parties entered into the contract dated February 4, 2010, routing number 10 HA2 11138, known hereafter as "the Basic Contract"; and, 4. The Basic Contract is an intergovernmental agreement between the State and the Contractor consisting of pedestrian trail replacement and streetscape on Northern Avenue from Vinewood Lane to Prairie Avenue 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 the Contract Monitoring System Language; and, 7. 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. 1. This Amendment is supplemental to the Basic Contract, which is, by this reference, it 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. THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE AF COLORAO: BILL RITAR, Jdt.,GQV RyNPR City of Pueblo For Executive Director Legal Name of Contracting Entity Department of Transportation 2000036 CDOT Vendor Number GENERAL Signature of Authorized Officer Lawrence W. Atencio President of City Council Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) LEGAL REVIEW: JOHN W.SUTHERS,ATTORNEY !30 Attest (Seal) By \ r, (Corp to 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. CDERMOTT, CPA By - I - ZVIt) 3