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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