HomeMy WebLinkAbout08175ORDINANCE NO. 8175
A ORDINANCE APPROVING THE CONTRACT AMENDMENT NO.
1 FOR THE CONTRACT ES2 M086 -058 (17651) BETWEEN THE
STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION
AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
RELATING TO VETERAN'S PEDESTRIAN BRIDGE PROJECT,
INCREASING EXISTING PROJECT BUDGET PWHP08 TO
$1,247,906 AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract Amendment #1 between the City of Pueblo, a Municipal Corporation and
the State of Colorado, Department of Transportation relating to the Veteran's Pedestrian Bridge
Project, a copy of which is attached hereto and incorporated herein, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
Funds in the amount of $88,034 are hereby transferred to existing project PWHP08
increasing the project budget to $1,247,906. These funds shall only be expended and used for
the construction of Veteran's Pedestrian Bridge.
SECTION 3.
The President of City Council is authorized to execute and deliver the Contract
Amendment in the name of the City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
INTRODUCED: April 12, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
PASSED AND APPROVED: April 26, 2010
Background Paper for Proposed
ORDINANCE
DATE: April 12, 2010 AGENDA ITEM # R -2
DEPARTMENT: PUBLIC WORKS
EARL WILKINSON P.E., DIRECTOR
TITLE
A ORDINANCE APPROVING THE CONTRACT AMENDMENT NO.1 FOR THE
CONTRACT ES2 M086 -058 (17651) BETWEEN THE STATE OF COLORADO,
DEPARTMENT OF TRANSPORTATION AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, RELATING TO VETERAN'S PEDESTRIAN BRIDGE PROJECT,
INCREASING EXISTING PROJECT BUDGET PWHP08 TO $1,247,906 AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve Contract Amendment #1 between the City of Pueblo and the
State of Colorado, Department of Transportation relating to the Veteran's Pedestrian Bridge and
increasing project budget and authorizing the President of City Council to execute same?
Approval of Ordinance
BACKGROUND
This project is partially funded by the American Recovery and Reinvestment Act (ARRA) federal
program. The Contract Amendment adds mandatory Contract Monitoring System (CMS)
language. Secondly, the contract amendment modifies the funding provisions increasing the
total project budget to $1,247,906. Additional local overmatch funds in the amount of $88,034
were added to the project by the contract amendment for the cooperation agreement between
the City and the HARP Authority approved by Resolution #11821 on March 8, 2010. The
additional funds cover the base bid construction project costs.
FINANCIAL IMPACT
There is no financial impact to the City with the approval of this Ordinance.
(FMLAWRK) 10 HA2 11765
PROJECT ES2 M086 -058, (17651) SAPID 271001131
Region 2, (BH)
CONTRACT AMENDMENT #1
THIS AMENDMENT, is made this &l ay of , 200 , by and
between the State of Colorado for the use and benefit of the Colorado De artment of Transportation,
hereinafter referred to as the "State ", and the City of Pueblo, 211 East D. Street, Pueblo, Colorado
81003, CDOT Vendor #: 2000036, hereinafter referred to as the "Contractor" or the "Local Agency ".
FACTUAL RECITALS
1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for this Project
as set forth below; and,
2. Required approval, clearance, and coordination has been accomplished from and with
appropriate agencies; and,
3. The Parties entered into the contract dated February 5, 2010, routing number 10 HA2 11424,
known hereafter as "the Basic Contract "; and,
4. The Basic Contract is an intergovernmental agreement between the State and the Contractor
consisting of construction of pedestrian bridge in Gateway Park in Pueblo, Colorado; and,
5. The Basic Contract is still in effect and provides for changes to its terms and conditions by
written supplement or contract amendment; and,
6. The Parties also now desire to amend the Basic Contract to add the Contract Monitoring
System Language; and,
7. The Parties enter into this Amendment pursuant to the provisions of Colorado Revised
Statutes, Sections 24 -30 -1401 et seq., Section 43 -1 -106, and Section 43 -1 -110, as amended.
NOW THEREFORE, it is hereby agreed that:
Consideration for this Amendment consists of the payments that shall be made pursuant to this
Amendment and the promises and agreements herein set forth.
1. This Amendment is supplemental to the Basic Contract, which is, by this reference,
incorporated herein and made a part hereof, and all terms, conditions, and provisions thereof,
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unless specifically modified herein, are to apply to this Amendment as though they were
expressly rewritten, incorporated, and included herein.
2. The Basic Contract is and shall be modified, altered, and changed in the following respects
only:
a. Statewide Contract Monitoring System, the following language shall be added to the
contract as Section 32 to read as follows:
32. Statewide Contract Monitoring System
If the maximum amount payable to the Local Agency under this Agreement is $100,000
or greater, either on the Effective Date or at anytime thereafter, this §32 applies.
The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-
102 -205, §24 -102 -206, §24- 103 -601, §24 -103.5 -101 and §24 -105 -102 concerning the monitoring
of vendor performance on state agreements /contracts and inclusion of agreement/contract
performance information in a statewide contract management system.
The Local Agency's performance shall be subject to Evaluation and Review in
accordance with the terms and conditions of this Agreement, State law, including CRS §24-
103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local
Agency's performance shall be part of the normal Agreement administration process and the
Local Agency's performance will be systematically recorded in the statewide Agreement
Management System. Areas of Evaluation and Review shall include, but shall not be limited to
quality, cost and timeliness. Collection of information relevant to the performance of the Local
Agency's obligations under this Agreement shall be determined by the specific requirements of
such obligations and shall include factors tailored to match the requirements of the Local
Agency's obligations. Such performance information shall be entered into the statewide Contract
Management System at intervals established herein and a final Evaluation, Review and Rating
shall be rendered within 30 days of the end of the Agreement term. The Local Agency shall be
notified following each performance Evaluation and Review, and shall address or correct any
identified problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that the Local Agency
demonstrated a gross failure to meet the performance measures established hereunder, the
Executive Director of the Colorado Department of Personnel and Administration (Executive
Director), upon request by CDOT, and showing of good cause, may debar the Local Agency and
prohibit the Local Agency from bidding on future Agreements. The Local Agency may contest
the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in
either removal or correction of the evaluation (CRS §24 -105- 102(6)), or (b) under CRS §24 -105-
102(6), exercising the debarment protest and appeal rights provided in CRS § §24 -109 -106, 107,
201 or 202, which may result in the reversal of the debarment and reinstatement of the Local
Agency, by the Executive Director, upon showing of good cause.
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b. Exhibit C to the Basic Contract shall be removed and replaced in its entirety by
Exhibit C -1, which is attached hereto and incorporated herein by this reference.
All references in the Basic Contract to Exhibit C shall be removed and replaced
by Exhibit C -1, as appropriate.
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE I F COLORADO: i BI ' E ' JR., q V I ,' NOR
B _� I. '. OW
City of Pueblo For Executive Director
Legal Name of Contracting Entity Department of Transportation
2000036
CDOT Vendor Number
/` LEGAL REVIEW:
(,Qu�.� -K IA C���.(1 -C4.03 JOHN W. SUTHERS, ATTORNEY
GENERAL
Signature of Authorized Officer
�1
Lawrence W. Atencio By 4 CUC , -
President of City Council i
Print Name & Title of Authorized Officer 10
CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) By � �
v�
(Corpo Secretary or Equivalent, or Town /City /County Clerk) (Place Corporate Seal here, if available.)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
DAVID J. MC OTT, CPA
By
Date 3f)-- (( O
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EXHIBIT C -1 FUNDING PROVISIONS
A. The Local Agency has estimated the total cost the Work to be $1,247,906.00 which is to be
funded as follows:
1 BUDGETED FUNDS
a. Federal Funds $600,000.00
(100% of Participating Costs)
b. Local Agency Matching Funds $0.00
(0% of Participating Costs)
c. Local Agency Overmatch $647,906.00
(Including Non - Participating Indirects)
TOTAL BUDGETED FUNDS $1,247,906.00
2 ESTIMATED CDOT- INCURRED COSTS
a. Federal Share $0.00
(80% of Participating Costs)
b. Local Share
Local Agency Share of Participating Costs $0.00
Non - Participating Costs (Including Non -
Participating Indirects) $0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT- INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1 a) $600,000.00
b. Less Estimated Federal Share of CDOT- Incurred Costs (2a) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $600,000.00
FOR CDOT ENCUMBRANCE PURPOSES
Total Encumbrance Amount
$1,247,906.00
Less ROW Acquisition 3111 and /or
ROW Relocation 3109 $o.00
Net to be encumbered as follows: $1,247,906.00
Exhibit C -1 — Page 1 of 2
1 1 WBS Element 17651.20.101 Const 133011$1,247,906.00
B . The matching ratio for the federal participating funds for this project is 100% federal -aid
funds (CFDA #20 2050) to 0% Local Agency funds, it being understood that such ratio
applies only to the $600,000.00 that is eligible for federal participation, it being further
understood that all non - participating costs are borne by the Local Agency at 100 %. If the
total participating cost of performance of the Work exceeds $600,000.00, and additional
federal funds are made available for the project, the Local Agency shall pay 0% of all such
costs eligible for federal participation and 100% of all non - participating costs; if additional
federal funds are not made available, the local agency shall pay all such excess costs. If the
total participating cost of performance of the Work is less than $600,000.00, then the
amounts of Local Agency and federal -aid funds will be decreased in accordance with the
funding ratio described herein. The performance of the Work shall be at no cost to the State.
C. The maximum amount payable to the Local Agency under this contract shall be $600,000.00
(For CDOT accounting purposes, the federal funds of $600,000.00 and local overmatching
funds of $647,906.00 will be encumbered for a total encumbrance of $1,247,906.00), unless
such amount is increased by an appropriate written modification to this contract executed
before any increased cost is incurred. It is understood and agreed by the parties hereto that
the total cost of the Work stated hereinbefore is the best estimate available, based on the
design data as approved at the time of execution of this contract, and that such cost is subject
to revisions (in accord with the procedure in the previous sentence) agreeable to the parties
prior to bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the
project herein being made available from federal and/or state and/or Local Agency sources,
as applicable. Should these sources, either federal or Local Agency, fail to provide necessary
funds as agreed upon herein, the contract may be terminated by either party, provided that
any party terminating its interest and obligations herein shall not be relieved of any
obligations which existed prior to the effective date of such termination or which may occur
as a result of such termination.
Exhibit C -1 — Page 2 of 2