HomeMy WebLinkAbout08883ORDINANCE NO. 8883
AN ORDINANCE APPROVING AGREEMENT, EIAF #7402
BETWEEN THE STATE OF COLORADO DEPARTMENT
OF LOCAL AFFAIRS AND THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, BUDGETING AND
APPROPRIATING FUNDS IN THE AMOUNT OF $225,000,
TRANSFERRING $75,000 FROM THE GENERAL FUND
RESERVES FOR THE PUEBLO CITY HALL INTERIOR
RENOVATION PROJECT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCILTO EXECUTE SAME
WHEREAS, the State of Colorado, Department of Local Affairs, has offered
supplemental grant funds through Agreement EIAF #7402 – Pueblo City Hall Interior
Renovation; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo, a Municipal Corporation, and the
State of Colorado, for the use and benefit of the State Department of Local Affairs
Project EIAF #7402 (hereinafter referred to as the “Agreement”), a copy of which is
attached, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
Subject to encumbrances by the Colorado Department of Local affairs, funds from
EIAF #7402 in the amount of $225,000 are hereby budgeted and appropriated for the
Pueblo City Hall Interior Renovation Project, PL1306.
SECTION 3.
The President of the City Council is authorized to execute and deliver the
Contract in the name of the City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
SECTION 4.
Funds in the amount of $75,000 are hereby transferred from the General Fund
Reserves to PL1306.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Ordinance and Agreement to effectuate the
policies and procedures described therein.
SECTION 6.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: _ June 8, 2015
BY: Ed Brown
PASSED AND APPROVED: June 22, 2015
City Clerk’s Office Item # R-1
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
June 8, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT:AN ORDINANCE APPROVING AGREEMENT EIAF #7402 BETWEEN
THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS AND
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, BUDGETING
AND APPROPRIATING FUNDS IN THE AMOUNT OF $225,000, AND
TRANSFERRING $75,000 FROM THE GENERAL FUND RESERVES TO
PL1306 FOR THE PUEBLO CITY HALL INTERIOR RENOVATION
PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCILTO
EXECUTE SAME
SUMMARY:
The City of Pueblo was awarded an Energy Mineral Impact Assistance Fund
supplemental grant from the State of Colorado, Department of Local Affairs in the
amount of $225,000 relating to the Pueblo City Hall Renovation Project, Final Phase.
PREVIOUS COUNCIL ACTION:
The Pueblo City Council has budgeted and appropriated a total of $2,110,000 from
grants and City funds which includes a grant from with DOLA in the amount of
$600,000.
BACKGROUND:
The City Planning and Public Works Departments have been obtaining grants for the
completion of the interior renovation of City Hall at an estimated cost of $2,410,000. A
supplemental grant in the amount of $225,000 has been offered by DOLA. The City will
be responsible for the remaining $75,000 from the General Fund Reserves. The Project
will complete the renovation and rehabilitation of the remaining second floor, first floor
and lower level of City Hall. The Project construction is scheduled for June of 2015 with
completion in December of 2015.
FINANCIAL IMPLICATIONS:
The $2,410,000 construction budget will be funded through the following sources:
Budgeted Funds including previous DOLA grant $2,110,000
Supplemental DOLA grant $ 225,000
General Fund Reserves $ 75,000
Total $2,410,000
Funds in the amount of $75,000 from the General Fund Reserves shall be transferred
into the City Hall Renovation, PL1306.
BOARD/COMMISSION RECOMMENDATION:
No Board or Commission recommendation. The City Manager and City Council has
been briefed on the progress of the Project.
STAKEHOLDER PROCESS:
City Council and City Staff are the Stakeholders.
ALTERNATIVES:
The Project would take longer and cost more money if this grant were not accepted.
RECOMMENDATION:
Approve the Ordinance.
Attachments: Grant Agreement
EIAF 7402—Pueblo City Hall Renovation-Final Phase
CONTRACT AMENDMENT
Amendment#: 1 Encumbrance#: F14S7402
Original Contract CMS#: 69219 Amendment CMS#: 81109
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 called "Grantee"or"Contractor"), and the STATE OF
COLORADO (hereinafter called the"State") acting by and through the Colorado Department of Local Affairs
(the"Department")for the benefit of the Division of Local Government("DLG").
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 to complete the final phase of the Pueblo City Hall renovation and
remodel. Grantee reports that bids received were considerably higher than anticipated. Grantee requested
additional State grant funds in the amount of$225,000; this request was approved in May 2015 as a
Supplement to the original grant award. Grantee will also increase their contribution to the Project Budget to
cover the additional costs of the Project. In addition, because of the delays caused by the extended bid
process, Grantee requests additional time within which to properly complete the Project. This Amendment
modifies the Project Budget to reflect the award of supplemental funding and increase Grantee contribution,
and extends the time of performance as requested.
4) 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.
5) 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.
6) MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
a. Grant Agreement,Cover Page, Project Information is modified by deleting the Performance Period:
End Date:
"Performance Period: Start Date: End Date: 06/30/15"
and inserting the following in lieu thereof:
"Performance Period: Start Date: End Date: 08/31/16"
{ b. Grant Agreement, Cover Page, Award Amount is modified by deleting the current amount:
"Award Amount: $600,000.00"
and inserting the following in lieu thereof:
"Award Amount: $825,000.00"
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EIAF 7402—Pueblo City Hall Renovation-Final Phase
c. Grant Agreement, Section 5, Term
Subsection A, Initial Term-Work Commencement is modified by deleting the subsection:
"Unless otherwise permitted in§2 above,the Parties' respective performances under this Grant shall
commence on the Effective Date.This Grant shall terminate on June 30,2015 unless sooner
terminated or further extended as specified elsewhere herein."
and inserting the following in lieu thereof:
"Unless otherwise permitted in §2 above,the Parties' respective performances under this Grant shall
commence on the Effective Date. This Grant shall terminate on August 31,2016 unless sooner
terminated or further extended as specified elsewhere herein."
d. Grant Agreement, Section 7, Payments to Grantee
Section 7.A, Maximum Amount is modified by deleting the current language in its entirety:
"The maximum amount payable under this Grant to Grantee by the State is $600,000.00(SIX
HUNDRED THOUSAND and XX/100 DOLLARS), as determined by the State from available
funds. Grantee agrees to provide any additional funds required for the successful completion of the
Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in
Exhibit B."
and inserting the following in lieu thereof:
"The maximum amount payable under this Grant to Grantee by the State is $825,000.00(EIGHT
HUNDRED TWENTY FIVE THOUSAND and XX/100 DOLLARS),as determined by the State
from available funds.Grantee agrees to provide any additional funds required for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the
Grant as set forth in Exhibit B."
e. Exhibit B, Section 6, Funding
Subsection 6.2, Budget is modified by deleting the current subsection in its entirety:
�1x � i.y'�, C.�' "Y'-'s ,+:s'a✓ � .� t. ° C2�'r�
Budget Line,Item(s) Total Cost - GrantKz Matching
Y't ^ dy w ..x. � ro �`rs�k � t .r a fi. - '� a�r ki;�a%.14:0040:004**,.
l �.,,".,, �? eA
�:.,.,,
Architectural/Engineering $45,000 $22,500 $22,500 Grantee
Services
Rehabilitation/Remodel of $285,000 $142,500 $142,500 Grantee
Public Structures—2"a
floor
Rehabilitation/Remodel of $328,000 $164,000 $164,000 Grantee
Public Structures— 1 S`
floor
Rehabilitation/Remodel of $372,000 $186,000 $186,000 Grantee
Public Structures—Lower
Level
Rehabilitation/Remodel of $170,000 $85,000 $85,000 Grantee
Public Structures—IT,
Utilities,Construction
Contingency
Total $1,200,000 $600,000 $600,000"
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Effective Date:1/6/09-Rev 5/4/10
EIAF 7402—Pueblo City Hall Renovation-Final Phase
and inserting the following in lieu thereof:
kBudgetLmexItem(s) Total Cost Grant Matching Matching Fundsk�
'i ,� A� `f �r� �.a
. ,Tunds... . :Sourceu un .z ,;x s n. ",
Architectural/Engineering $122,000 $0 $122,000 Grantee
Services
Rehabilitation/Remodel of $1,844,000 $825,000 $1,019,000 Grantee
Public Structures—2"
floor, 1 S'floor,and lower
level
Rehabilitation/Remodel of $428,000 $0 $428,000 Grantee
Public Structures—IT,
Utilities,Construction
Contingency
Total $2,394,000 $825,000 $1,569,000"
f. Exhibit B, Section 7, Payment
Subsection 7.1, Payment Schedule is modified by deleting the current table in its entirety:
LG ,� .f,fi£.+��is t t 3`5:. *}J' L, �. P �#� _hr £'S'-yf^"'S 1�« b ,`j 2f p ,. 3 STr �.f. € £3 3 a" Y"•
c
.,Payment, ° z }'h.
Interim Payment(s) $570,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $30,000 Paid upon Substantial Completion of the Project(as •
determined by the State in its sole discretion),provided
that the Grantee has submitted, and DOLA has
accepted,all required reports.
Total $600,000"
and inserting the following in lieu thereof:
'Y,fa{� a KiteiS. '� .:,{t. Yw ♦. hd' 1 SQ :'v'a. V .3 1' P T*$'4, i {' i '$Ff'YG -
P' ment a.7,"r.. 'x�.,.,Rft .w fi Y 3.k m Amount=:, 3 u �zP a' 3a . f ,?': r .��t ,.xdr 4 ,rr'3,,,' ,f.2sP,t ,`" ..
Interim Payment(s) $783,750 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $41,250 Paid upon Substantial Completion of the Project(as
determined by the State in its sole discretion),provided
that the Grantee has submitted, and DOLA has
accepted,all required reports.
Total $825,000"
g. Exhibit E, Project Performance Plan is modified by deleting the Fifth Milestone:
"Project Completion. June 30,2015 Review past quarterly reports, conduct on- ACHIEVED:
site monitoring, and review final report. MM/DD/20YY"
and inserting the following in lieu thereof:
"Project Completion. August 31,2016 Review past quarterly reports, conduct on- ACHIEVED:
site monitoring, and review final report. MM/DD/20YY"
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Effective Date:1/6/09-Rev 5/4/10
EIAF 7402—Pueblo City Hall Renovation-Final Phase
h. Exhibit E, Project Performance Plan is modified by deleting the Sixth Milestone:
"Submit quarterly progress reports, (30 calendar days after Review documents and
which includes: Project Performance Plan each quarter): provide follow up technical ACHIEVED:
accomplishments and a Financial assistance as necessary. MM/DD/20YY
Summary Report for:
July 30, 2014 If needed, respond to a ACHIEVED:
2nd Quarter 2014 October 30, 2014 request for training within MM/DD/20YY
3rd Quarter 2014 January 30, 2015 10 days.
4th Quarter 2014 April 30, 2015 ACHIEVED:
1st Quarter 2015 July 30,2015 MM/DD/20YY
2nd Quarter 2015
ACHIEVED:
Progress shall be evaluated by the MM/DD/20YY"
Grantee and documented and included at
least upon submittal of Quarterly
Progress Reports.
Such evaluation may consist of any/all of
the following monitoring methods:
a)on-site walk through inspections of City
Hall in order to determine if:
i)the contractor has constructed and
finished an acceptable percentage of the
offices and interiors as would be
expected under this Grant and Exhibit B
(including but not limited to interior walls,
paint, carpet,window coverings, electrical
and IT outlets, plumbing, and doors);
ii)the contractor is experiencing delays;
iii)the final phase construction and
finishing is progressing per agreed upon
timeline/milestones and as would be
expected under this Grant and Exhibit B
(including but not limited to obtaining
required approvals, use of approved
materials, and testing of all elements);
and b)question and answer sessions
with the contractor to confirm
understanding by all parties as to the
nature of the Work and how far along it
should be dependent upon the Quarter
under review.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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Effective Date:1/6/09-Rev 5/4/10
EIAF 7402—Pueblo City Hall Renovation-Final Phase
and inserting the following in lieu thereof:
"Submit quarterly progress reports, (30 calendar days after Review documents and
which includes: Project Performance Plan each quarter): provide follow up technical ACHIEVED:
accomplishments and a Financial assistance as necessary. MM/DD/20YY
Summary Report for:
If needed, respond to a ACHIEVED:
2nd Quarter 2014 July 30,2014 request for training within MM/DD/20YY
3rd Quarter 2014 October 30,2014 10 days.
4th Quarter 2014 January 30, 2015 ACHIEVED:
1st Quarter 2015 April 30,2015 MM/DD/20YY
2nd Quarter 2015 July 30,2015
3rd Quarter 2015 October 30,2015 ACHIEVED:
4th Quarter 2015 January 30,2016 MM/DD/20YY"
1St Quarter 2016 April 30, 2016
2nd Quarter 2016 July 30, 2016
3rd Quarter 2016 October 30,2016
Progress shall be evaluated by the
Grantee and documented and included at
least upon submittal of Quarterly
Progress Reports.
Such evaluation may consist of any/all of
the following monitoring methods:
a)on-site walk through inspections of City
Hall in order to determine if:
i)the contractor has constructed and
finished an acceptable percentage of the
offices and interiors as would be
expected under this Grant and Exhibit B
(including but not limited to interior walls,
paint,carpet,window coverings, electrical
and IT outlets, plumbing, and doors);
ii)the contractor is experiencing delays;
iii)the final phase construction and
finishing is progressing per agreed upon
timeline/milestones and as would be
expected under this Grant and Exhibit B
(including but not limited to obtaining
required approvals, use of approved
materials, and testing of all elements);
and b)question and answer sessions
with the contractor to confirm
understanding by all parties as to the
nature of the Work and how far along it
should be dependent upon the Quarter
under review.
i. Exhibit E, Project Performance Plan is modified by deleting the Seventh Milestone:
"Submit, at a minimum quarterly July 30, 2014 Review backup documentation and
basis, pay requests and October 30,2014 proof of payment prior to approving pay ACHIEVED:
supporting documentation of January 30, 2015 request. Reimbursement should not MM/DD/20YY"
expenses. April 30, 2015 exceed pro rata share.
July 30,2015
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Effective Date: 1/6/09-Rev 5/4/10
•
EIAF 7402—Pueblo City Hall Renovation-Final Phase
and inserting the following in lieu thereof:
"Submit, ata minimum quarterly July 30, 2014 Review backup documentation and
basis, pay requests and October 30,2014 proof of payment prior to approving pay
supporting documentation of January 30, 2015 request. Reimbursement should not
expenses. April 30,2015 exceed pro rata share.
July 30,2015 ACHIEVED:
October 30,2015 MM/DD/20YY"
January 30,2016
April 30, 2016
July 30, 2016
October 30,2016
j. Exhibit E, Project Performance Plan is modified by deleting the Eighth Milestone:
"Submit the Project Final September 28, Provide forms to Grantee within 30 days of
Report to DLG within 90 2015 completion of work or end of the Grant ACHIEVED:
days after the Project Agreement. Process the Final Report and MM/DD/20YY"
Completion or expiration of deobligate any remaining grant funds within 30
Grant Agreement. days of receiving a complete Final report.
and inserting the following in lieu thereof:
"Submit the Project Final November 29, Provide forms to Grantee within 30 days of
Report to DLG within 90 2016 completion of work or end of the Grant ACHIEVED:
days after the Project Agreement. Process the Final Report and MMIDDI20YY"
Completion or expiration of deobligate any remaining grant funds within 30
Grant Agreement. days of receiving a complete Final report.
•
7) START DATE
This Amendment shall take effect on the later of its Effective Date or June 30, 2015.
8) 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.
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.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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EIAF 7402—Pueblo City Hall Renovation-Final Phase
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
* 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.
CO, : 1 TOR STATE OF COLORADO
oir
• -•• • John W. Hickenlooper, GOVERNOR
111 I De artment of Local Affairs
*Signature
Name: Stephen G.Nawrocki By:
Printed , I r Hal -, cutive Director
Title: President of City Council / 6 ' 25'i
Printed Date
- Z Z /,T PR -I••r: , • FORM CONTRACT REVIEWER
Date
By:
• Bret illberry, State Grants Progra Vanager
Attest:
Gina her,City ClerkS
D e
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
Robert Jaros, CPA
By:
Janet Mks, CPA, Controller Delegate
Date: c/3/%
Ff, kW riTin
p i JUL 0 7 ?015 !!,i1
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Effective Date:1/6/09-Rev 5/4/10
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