HomeMy WebLinkAbout07838ORDINANCE NO. 7838
AN ORDINANCE APPROVING AMENDMENTS TO THE AUGUST 14, 2006 AGREEMENTS
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS
RELATING TO THE PUEBLO LAKESHORE DRIVE EXTENSION GRANT CONTRACT EIAF
#5178 AND THE PUEBLO PARK AND OPEN SPACE GRANT CONTRACT EIAF #5179 AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
WHEREAS, City Council has entered into a Contract with the State of Colorado relating to
the Lakeshore Drive Extension Grant Contract EIAF #5178 (Ordinance No. 7502); and
WHEREAS, City Council has entered into a Contract with the State of Colorado relating to
the Pueblo Park and Open Space Grant Contract EIAF #5179 (Ordinance No. 7502).
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The Amendment to the Agreement, dated July 28, 2008, between the City of Pueblo, a
Municipal Corporation, and the State of the Colorado for the use and benefit of the Department of
Local Affairs relating to the Lakeshore Drive Extension Grant Contract EIAF #5178, a copy of which
is attached hereto, having been approved as to form by the City Attorney is hereby approved.
SECTION 2.
The Amendment to the Agreement, dated July 28, 2008, between the City of Pueblo, a
Municipal Corporation, and the State of the Colorado for the use and benefit of the Department of
Local Affairs relating to the Pueblo Park and Open Space Grant Contract EIAF #5179, a copy of
which is attached hereto, having been approved as to form by the City Attorney is hereby
approved.
SECTION 3.
The President of City Council is authorized to execute and deliver said Contracts in the
name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed
to affix the Seal of the City thereto and attest same.
INTRODUCED July 14. 2008
BY Judy Weaver
Councilperson
APPROVE �.
A S 1) lay,
� CLERK
PASSED AND APPROVED: July 28, 2008
Drd ; U38
ED
Background Paper for Proposed
ORDINANCE
DATE: JULY 14, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AGENDA ITEM #
AN ORDINANCE APPROVING AMENDMENTS TO THE AUGUST 14, 2006
AGREEMENTS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE
DEPARTMENT OF LOCAL AFFAIRS RELATING TO THE PUEBLO LAKESHORE
DRIVE EXTENSION GRANT CONTRACT EIAF #5178 AND THE PUEBLO PARK AND
OPEN SPACE GRANT CONTRACT EIAF #5179 AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
ISSUE
Shall City Council approve amendments to the August 14, 2006 agreements between
the City of Pueblo and the State of Colorado for the use and benefit of the Department
of Local Affairs (DOLA) extending the term of both grant contracts related to the
Minnequa Lake Park and Open Space Project to April 30, 2010 and including new
insurance requirements from the State of Colorado for all DOLA funded grant contracts
and authorizing the President of City Council to execute the amendment?
Approval of Ordinance
BACKGROUND
The contract amendments are to extend the terms of the grant contracts between the
City of Pueblo and the State of Colorado for the benefit of the Department of Local
Affairs relating to the completion of the Phase 1 improvements for the Minnequa Lake
Park and Open Space Project. The contracts will be extended to April 30, 2010. The
contract amendment also includes provisions for new insurance requirements that local
governments need to provide for any DOLA funded project. The Lakeshore Drive
Extension contract provides funding to assist with the construction of Lakeshore Drive
through the Minnequa Lake project connecting with Pueblo Blvd. The Park and Open
Space contract provides funding to assist with parking, a picnic shelter, trails and open
space improvements.
FINANCIAL IMPACT
The fiscal impact is the same as the original grant contracts with the following budget for
each project:
Pueblo Park and Open Space Project
EIAF Funds $ 400,000
GOCO Funds $ 720.000
Total $1,120,000
Lakeshore Drive Extension Project
EIAF Funds $ 250,000
GOCO Funds $ 300,000
Total $ 550,000
The funds for both of the grant contracts have been budgeted and appropriated in
Ordinance No. 7502 adopted August 14, 2006 relating to the Minnequa Lake Park and
Open Space Project (ML0401).
EIAF #5179 — Pueblo Park and Open Space
CONTRACT AMENDMENT
Agency or Department Name
Local Affairs
Department or Agency Number
NAA
Contract Routing Number
THIS AMENDMENT, made this 4 & 1 day of 20 O�, by and
between the State of Colorado for the use and benefit of the Department ocal Affairs. 1313 Sherman
Street, Denver, Colorado 80203, hereinafter referred to as the State, and the City of Pueblo, #1 City Hall
Place, Pueblo, Colorado 81003, hereinafter referred to as the contractor.
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 payment; and
Required approval, clearance, and coordination has been accomplished from and with appropriate
agencies; and
The parties entered into a contract dated October 9. 2006 for redeveloping Minnequa Lake Park on
the City of Pueblo's south side as a regional lurk with significant open space The purpose for this
amendment is described below.
1) In compliance with State requirements, the purpose of this amendment is to include insurance
provisions.
2) An extension to the contract is also requested to complete the project.
The intention of this amendment is to extend the contract and insert new contract language.
NOW THEREFORE, it is hereby agreed that
Consideration for this amendment to the original contract, routing number 00467, encumbrance
number F07MLG5179 dated October 9. 2006 consists of the payments which shall be made
pursuant to this amendment and the promises and agreements herein set forth.
2. It is expressly agreed by the parties that this amendment is supplemental to the original contract,
as amended, routing numbers #01552 & 01067 referred to as the "original contract," which is, by
this reference, incorporated herein, that 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.
It is agreed the original contract is and shall be modified, altered, and changed in the following
respects only:
a. Insert the following after item #21:
"22. Insurance.
22.1 The Contractor shall obtain, and maintain at all times during the term of this agreement,
insurance in the following kinds and amounts:
Page 1 of 4
EIAF #5179 — Pueblo Park and Open Space
a. Worker's Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the contractor's employees acting within the
course and scope of their employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 anyone fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the
contractor shall immediately obtain additional insurance to restore the full aggregate
limit and furnish to the State a certificate or other document satisfactory to the State
showing compliance with this provision.
c. Automobile Liability Insurance covering any auto (including owned, hired and non -
owned autos) with a minimum limit as follows: $1,000,000 each accident combined
single limit.
22.2 The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability Insurance policies (leases and construction contracts
will require the additional insured coverage for completed operations on endorsements
CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be
primary over any insurance or self - insurance program carried by the State of Colorado.
22.3 The Insurance shall include provisions preventing cancellation or non - renewal without
at least 45 days prior notice to the State by certified mail.
22.4 The contractor will require all insurance policies in any way related to the contract and
secured and maintained by the contractor to include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against the State of
Colorado, its agencies, institutions, organizations, officers, agents, employees and
volunteers.
22.5 All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
22.6 The contractor shall provide certificates showing insurance coverage required by this
contract to the State within 7 business days of the effective date of the contract, but in
no event later than the commencement of the services or delivery of the goods under
the contract. No later than 15 days prior to the expiration date of any such coverage,
the contractor shall deliver the State certificates of insurance evidencing renewals
thereof. At any time during the term of this contract, the State may request in writing,
and the contractor shall thereupon within 10 days supply to the State, evidence
satisfactory to the State of compliance with the provisions of this section.
22.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity"
within the meaning of the Colorado Governmental Immunity Act, CRS 24 -10 -101, et
sea., as amended ( "Act "), the contractor shall at all times during the term of this
contract maintain only such liability insurance, by commercial policy or self - insurance,
Page 2 of 4
EIAF #5179 — Pueblo Park and Open Space
as is necessary to meet its liabilities under the Act. Upon request by the State, the
contractor shall show proof of such insurance satisfactory to the State."
b. Time of Performance: "Time of Performance" is modified by deleting " December 31,
2008" and inserting new "April 30, 2010 " .
4. The effective date of this amendment is upon approval of the State Controller or March 5, 2008
whichever is later,
5. 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 original
contract, the provisions of this amendment shall in all respects supersede, govern, and control.
The "Special Provisions" shall always be controlling over other provisions in the contract or
amendments. The representations in the Special Provisions concerning the absence of bribery or
corrupt influences and personal interest of State employees are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL
YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED,
BUDGETED, AND OTHERWISE MADE AVAILABLE.
Page 3 of 4
EIAF #5179 - Pueblo Park and Open Space
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
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
CITY OF PUEBLO, COLORADO
Barbara A. Vidmar
By: Name of Authorized Individual
President of City Council
Title: Official Title
of�Authorized Individual
-�
*S ignature
Date: alZ J-04
STATE OF COLORADO
Bill Ritter, Jr, GOVERNOR
DEPARTMENT OF LOCAL AFFAIRS
i
t 6 - Susan E. ws% D irector Executive
i
PRE - APPROVED FORM CONTRACT REVIEWER
By:
Name of Pre- Approved Form Contract Reviewer
Date: E? �r
ALL CONTRACTS REOUIRE 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: ��CA..
Rose Marie Auten, Controller Delegate
Date: ok jo Icy
Page 4 of 4
EIAF #5178 — Pueblo Lakeshore Drive Extension
Agency or Department Name
Local Affairs
Department or Agency Number
NAA
Contract Routing Number
OolB - I,
CONTRACT AMENDMENT #3
THIS AMENDMENT, made this to day of 20 by and
between the State of Colorado for the use and benefit of the Department 6PLocal Affairs, 1313 Sherman
Street, Denver, Colorado 80203, hereinafter referred to as the State, and the City of Pueblo, #1 City Hall
Place, Pueblo, Colorado 81003, hereinafter referred to as the contractor.
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 payment; and
Required approval, clearance, and coordination has been accomplished from and with appropriate
agencies; and
The parties entered into a contract dated October 9, 2006 for street improvements to provide access to
the redeveloped Minnequa Lake Park on the City's south side The purpose for this amendment is
described below.
1) In compliance with State requirements, the purpose of this amendment is to include insurance
provisions.
2) An extension to the contract is also requested to complete the project.
The intention of this amendment is to extend the contract and insert new contract language.
NOW THEREFORE, it is hereby agreed that
Consideration for this amendment to the original contract, routing number 00466 encumbrance
number F07MLG5178 dated October 9. 2006 consists of the payments which shall be made
pursuant to this amendment and the promises and agreements herein set forth.
2. It is expressly agreed by the parties that this amendment is supplemental to the original contract,
as amended, routing numbers #01551 and #01068 referred to as the "original contract," which is,
by this reference, incorporated herein, that 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.
3. It is agreed the original contract is and shall be modified, altered, and changed in the following
respects only:
a. Insert the following after item #2I:
X22. Insurance.
22,1 The Contractor shall obtain, and maintain at all times during the term of this agreement,
insurance in the following kinds and amounts:
Page 1 of 4
EIAF #5178 — Pueblo Lakeshore Drive Extension
a. Worker's Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the contractor's employees acting within the
course and scope of their employment.
b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01
10/93 or equivalent, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the
contractor shall immediately obtain additional insurance to restore the full aggregate
limit and famish to the State a certificate or other document satisfactory to the State
showing compliance with this provision.
c. Automobile Liability Insurance covering any auto (including owned, hired and non -
owned autos) with a minimum limit as follows: $1,000,000 each accident combined
single limit.
22.2 The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability Insurance policies (leases and construction contracts
will require the additional insured coverage for completed operations on endorsements
CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be
primary over any insurance or self - insurance program carried by the State of Colorado.
22.3 The Insurance shall include provisions preventing cancellation or non - renewal without
at least 45 days prior notice to the State by certified mail.
22.4 The contractor will require all insurance policies in any way related to the contract and
secured and maintained by the contractor to include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against the State of
Colorado, its agencies, institutions, organizations, officers, agents, employees and
volunteers.
22.5 All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
22.6 The contractor shall provide certificates showing insurance coverage required by this
contract to the State within 7 business days of the effective date of the contract, but in
no event later than the commencement of the services or delivery of the goods under
the contract. No later than 15 days prior to the expiration dale of any such coverage,
the contractor shall deliver the Slate certificates of insurance evidencing renewals
thereof. At any time during the term of this contract, the State may request in writing,
and the contractor shall thereupon within 10 days supply to the State, evidence
satisfactory to the State of compliance with the provisions of this section.
22.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity"
within the meaning of the Colorado Governmental Immunity Act, CRS 24 -10 -101, et
seq., as amended ( "Act "), the contractor shall at all times during the term of this
contract maintain only such liability insurance, by commercial policy or self - insurance,
Page 2 of 4
EIAF #5178 — Pueblo Lakeshore Drive Extension
as is necessary to meet its liabilities under the Act. Upon request by the State, the
contractor shall show proof of such insurance satisfactory to the State."
b. Time of Performance: "Time of Performance" is modified by deleting " December 31,
2008" and inserting new "April 30, 2010 " .
4. The effective date of this amendment is upon approval of the Slate Controller or March 5 2008
whichever is later.
5. 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 original
contract, the provisions of this amendment shall in all respects supersede, govern, and control.
The "Special Provisions" shall always be controlling over other provisions in the contract or
amendments. The representations in the Special Provisions concerning the absence of bribery or
corrupt influences and personal interest of State employees are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL
YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED,
BUDGETED, AND OTHERWISE MADE AVAILABLE.
Page 3 of 4
EIAF #5178 — Pueblo Lakeshore Drive Extension
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
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 Bill Ritter, Jr, GOVERNOR
Barbara A. Vidmar
By: Name of Authorized Individual DEPARTMENT OF LOCAL AFFAIRS
President of City Council
Title: Official Title of Audwrizrd Individual
*Signature S E. Kirkpatrick, x cc�u_ti
Date: S �� t—y $ 1 o C. �' Date: OA —cte` 7 p
PRE - APPROVED FORM CONTRACT REVIEWER
Name of Pre- Approved Form Contract Reviewer
Date: S � er
ALL CONTRACTS REOUIRE 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 : �hw��, y � --�
Rose Marie Auten, Controller Delegate
Date: O8 I c) ` 1 cK
Page 4 of 4