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HomeMy WebLinkAbout15260 City Clerk's Office Item # M4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 12, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $90,029.35 FROM THE "2023" PUBLIC WORKS OPERATING BUDGET FOR CONTRACT SERVICES, APPROVING AMENDMENT NO. 2 TO THE MASTER SUBSCRIPTION AGREEMENT IN THE AMOUNT OF $90,029.35 BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND BRIGHTLY SOFTWARE, INC., A NORTH CAROLINA CORPORATION, FORMERLY DUDE SOLUTIONS, INC., FOR PROJECT NO. 21-041 PUEBLO STREET ASSESSMENT PROJECT, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME. SUMMARY: This Resolution transfers $90,029.35 from the "2023" Public Works Operating Budget for Contract Services, approves Contract Amendment No. 2 to the Master Subscription Agreement awarded to Brightly Software, Inc., in the amount of $90,029.35 for Project No. 21-041 Pueblo Street Assessment Project. PREVIOUS COUNCIL ACTION: Resolution 14728, dated October 12, 2021, approved a Master Subscription Agreement for Software License with Dude Solutions, Inc., (now Brightly Software, Inc.), for $162,829.21. Resolution 14932, dated July 11, 2022, established project CI2210, Public Works Asset Management Project, transferred $145,000.00 from the Public Works Operating Budget for Contract Services, transferred $162,829.21 from Project HUAN01 - Street Resurfacing, approved Amendment No. 1 to the Master Subscription Agreement awarded to Brightly Software, Inc., in the amount of $144,488.74 for Project No. 21-041 Pueblo Street Assessment Project. BACKGROUND: The City of Pueblo solicited requests for proposals for contract services to evaluate the City’s streets for condition and drivability. Additionally, proposers were requested to recommend a Pavement Management Software solution to assist the City with capital expenditure budgeting and project planning. Dude Solutions, Inc., (now Brightly Software, Inc.), was selected as the lowest, most responsive bid for the software agreement for the street assessment data and was awarded a Master Subscription Agreement. The proposed Amendment No. 2 provides for a modification to the original agreement for additional services for a visual assessment evaluation of facility systems for approximately 600,000 square feet of City-owned facilities. This Resolution transfers the funds from the Public Works operating budget for contract services. FINANCIAL IMPLICATIONS: Funds in the amount of $90,029.35 shall be transferred from the "2023" Public Works operating budget for contract services to Public Works Asset Management Project No. CI2210. Funding in the amount of $90,029.35 will be paid from account CI2210, Public Works Asset Management Project. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this Resolution will result in the cancellation of additional services. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. 21-041B Amendment No 2 to Master Subscription Agreement - Add Facilities Condition Assessment RESOLUTION NO. 15260 A RESOLUTION TRANSFERRING FUNDS IN THE AMOUNT OF $90,029.35 FROM THE "2023" PUBLIC WORKS OPERATING BUDGET FOR CONTRACT SERVICES, APPROVING AMENDMENT NO. 2 TO THE MASTER SUBSCRIPTION AGREEMENT IN THE AMOUNT OF $90,029.35 BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND BRIGHTLY SOFTWARE, INC., A NORTH CAROLINA CORPORATION, FORMERLY DUDE SOLUTIONS, INC., FOR PROJECT NO. 21-041 PUEBLO STREET ASSESSMENT PROJECT, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME. WHEREAS, Project No. 21-041, Street Resurfacing Project was awarded to Dude Solutions, Inc., (now Brightly Software, Inc.), on October 12, 2021, and, WHEREAS, Amendment No. 1 to the Master Services Agreement was approved on July 11, 2022, and, WHEREAS, the City of Pueblo and Brightly Software, Inc., (formerly Dude Solutions, Inc.), desire to modify the Agreement for additional services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. Funds in the amount of $90,029.35 shall be transferred from the "2023" Public Works Operating Budget, Contract Services, to Project No. CI2210, Public Works Asset Management Project. SECTION 2. The Amendment, by and between the City of Pueblo, a Municipal Corporation, and Brightly Software, Inc., a North Carolina Corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved, and City Council authorizes the additional work contemplated by the Amendment to be performed in the amount of $90,029.35. SECTION 3. Funds in the amount of $90,029.35 for said shall be paid from Project No. CI2210 – Public Works Asset Management Project. SECTION 4. The Purchasing Agent is hereby authorized to execute said Amendment on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 5. The officers of the City are authorized to perform any and all acts consistent with this Resolution and the attached Amendment to implement the policies and procedures described herein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: June 12, 2023 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ CITY CLERK