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Home My WebLink About12123RESOLUTION NO. 12123 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS’ ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM RELATING TO THE CONSTRUCTION OF AN ADMINISTRATION FACILITY - PROJECT NO. PL0902, TRANSFERRING $500,000 FROM PROJECT NO. PL0902 TO THE CITY HALL INTERIOR RENOVATIONS PROJECT NO. PL0904, INCREASING THE PROJECT NO. PL0904 BUDGET FROM $4,042,311 TO $4,542,311, AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Amendment No. 2 to the original grant contract, EIAF #5596, between the City of Pueblo, a Municipal Corporation, and the State of Colorado for the use and benefit of the Department of Local Affairs’ Energy and Mineral Impact Assistance Program allowing the City to use the grant funds on the City Hall Interior Renovations Project and extending the term of the grant contract to April 30, 2013, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds in the amount of $500,000 shall be transferred from the Administration Facility Project No. PL0902 to the City Hall Interior Renovation Project No. PL0904. SECTION 3. The budget for the City Hall Interior Renovation Project No. PL0904 shall be increased to $4,542,311. SECTION 4. The President of the City Council is hereby authorized to execute and deliver the Amendment No. 2 on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto. INTRODUCED: April 11, 2011 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION # M-3 DATE: APRIL 11, 2011 AGENDA ITEM DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE GRANT CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS’ ENERGY AND MINERAL IMPACT ASSISTANCE PROGRAM RELATING TO THE CONSTRUCTION OF AN ADMINISTRATION FACILITY - PROJECT NO. PL0902, TRANSFERRING $500,000 FROM PROJECT NO. PL0902 TO THE CITY HALL INTERIOR RENOVATIONS PROJECT NO. PL0904, INCREASING PROJECT NO. PL0904 BUDGET FROM $4,042,311 TO $4,542,311, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve Amendment No. 2 to grant contract - EIAF #5596 with the State of Colorado for the use and benefit of the Department of Local Affairs (DOLA) allowing the City to use the grant funds on the City Hall Interior Renovations Project and extending the term of the grant contract to April 30, 2013? RECOMMENDATION Approval of the Resolution. BACKGROUND On March 23, 2009 the City approved grant contract - EIAF #5596 with DOLA to fund $500,000 toward the construction of an administration building. Amendment No. 1 to the grant agreement extended the grant contract from December 31, 2010 to June 30, 2012. Amendment No. 2 to the grant agreement will allow the $500,000 in grant funds to be used on the City Hall Interior Renovation Project (No. PL0904) instead of constructing a “new” City Administration Facility (Project No. PL0402). The amendment also extends the grant agreement to April 30, 2013. FINANCIAL IMPACT The Resolution approves the transfer of $500,000 from Project No. PL0902 to the City Hall Interior Renovation, Project PL0904, and increases the project budget to $4,542,311. Federal funds totaling $443,659 from ARHR01 and $416,000 from AREE01 are separately budgeted for the project. A combined total of $5,401,970 will be available for the project. City Hall Interior Renovation Breakdown of Funding PL0904 Black Hills Funds $3,500,000 State NEC Grant $ 420,000 ½-cent Sales Tax Interest $ 200,000 Transfer to PL0908 -$77,689 for roof skylights from State NEC grant Sub-Total PL0904 $4,042,311 DOLA (EIAF) Grant $ 500,000 TOTAL PL0904 $4,542,311 ARRA FEDERAL FUNDS ARHR01 (CDBG) $ 443,659 AREE 01 (EECBG) $ 416,000 TOTAL ARRA FUNDS $ 859,659 TOTAL PROJECT BUDGET $5,401,970 EIAF #5596 — Pueblo Municipal Complex CONTRACT AMENDMENT Amendment #• 2 Encumbrance #• F09MLG5596 Original Contract CMS or CLIN #• 09 -1074, 27275 Amendment CMS #• 311 1) PARTIES This Amendment to the above - referenced Original Contract (hereinafter called the Contract) is entered into by and between City of Pueblo (hereinafter called Contractor ") and the STATE OF COLORADO (hereinafter called the State') acting by and through the Department of Local Affairs, (hereinafter called 'DOLA') 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the Effective Date') The State shall not be liable to pay or reimburse Contractor 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 constructing a new 20,000 square foot administrative facility for the community development, engineering, and stormwater.management staff. CONSIDERATION - COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were - effective) as part consideration for this Amendment. 4) LIMITS OF EFFECT This Amendment is incorporated 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 5) MODIFICATIONS The Contract and all prior amendments thereto if any are modified as follows a. Section 2, Responsible Administrator Delete old administrator Steven Meier, Principal Planner' and inserting in lieu thereof Scott Hobson, Asst. City Manager' as Responsible Administrator b. Exhibit A, Section 1, Project Description, Objectives and Requirements are modified as follows by deleting the current contract language and inserting the following The Project consists of the restoration and remodeling of the Pueblo City Hall Building to provide new administrative offices for community development, urban transportation neighborhood and downtown planning staff The grant funds will assist with improvements to the third floor office and meeting spaces The City Hall is located on Union Avenue adjacent to the Union Avenue Historic District, north of the Historic Arkansas Riverwalk Project, and is a major element in the City of Pueblo s (Contractor) municipal campus, which also includes a new municipal justice center a multi -level parking structure and the public works administrative complex. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado or pre- engineered in accordance with Colorado law and hired by the Contractor through a competitive selection process A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Contractor being obligated to award the construction contract to the lowest responsible bidder meeting the Contractor's specifications A contract shall be awarded to a qualified vendor or firm through a competitive selection process with the Contractor being obligated to award the contract to the lowest responsible bidder meeting the Contractor's specifications If cost savings are incurred while completing the Project, the State may require that those savings be split on a pro -rata basis between the State and the Contractor Page 1 of 3 Form Revised' 11/20/08 EIAF #5596 — Pueblo Municipal Complex Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Department of Local Affairs upon execution and any and all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado The Contractor agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Project, including but not limited to. press releases newspaper articles, op -ed pieces press conferences presentations and brochures /pamphlets " c. Exhibit A, Section 2, Energy and Mineral Impact is modifies follows by deleting the current contract language and inserting the following. Pueblo s economy has been impacted by the boom and bust cycle in the steel and mineral industries that have influenced the vitality of the CF &I Steel Mills and the Burlington Northern and Santa Fe Railroads for the past century Xcel's Comanche Power Plant is doubling in size with the construction of a 750 -mega watt coal -fired generator resulting in 1 000 construction jobs over the four year construction period d. Exhibit A, Section 3, Time of Performance is deleted and replaced with the following The Project shall commence upon the Effective Date and shall be completed on or beforeApril 30, 2013. In accordance with paragraph 8 b i of this Contract, the Contractor may request an extension of the time for performance by submitting a written request, including a full justification for the request, to the State at least thirty (30) days prior to the termination of the performance period If the State in its sole discretion, consents to an extension, the State shall grant such extension in accordance with paragraph 8 b i of this Contract. e. Exhibit A, Section 4, Budget: is modified by deleting the current Budget and inserting new Budget. • Budget. Revenues Expenditures Energy /Mineral Impact - GRANT $ 500 000 Design /Eng./Testing $ 380 000 Contractor Funds $4,300,000 Construction $ 3 180 000 Site Improvements $ 500,000 Furnishings /Fixtures /Equipment $ 500,000 Contingency $ 240,000 Total $4 800 000 Total $4 800 000" 6) START DATE This Amendment shall take effect on the later of its Effective Date or March 11, 2011 7) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency variance or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all 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 8) 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. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT r Page 2 of 3 Form Revised' 11/20/08 • EIAF #5596 - Pueblo Municipal Complex * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO City of Pueblo, Colorado John W Hickenlooper, GOVERNOR Department of Local Affairs By Ray Aguilera for Name of Authorized Individual By ILA__ /t" Title President of City Council s' Reeves Brown xecutive Director Official Ti - of Authorized Individual 'j� �� Dati�9;I'Ldi o? =I // Aty•Ilbt, PRE - APPROVED FO M CONTRACT REVIEWER Date April 11, 2011 B \� - * � * Y Teri Davis, Director of Financial Assistance Services ATTEST '� - • a Date K45 CI CLERK ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder STATE CONTROLLER David J McDermott, CPA By ` ti 4.19 lr Barbara M Casey Controller Delegate Date x4 3 -1 Page 3 of 3 Form Revised: 11/20/08