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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, 1 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. 2 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. 3 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 4 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