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HomeMy WebLinkAbout11228Docusign Envelope ID: 49A128EB-69A6-8358-83F3-60504C12344C ORDINANCE NO. 11228 AN ORDINANCE APPROVING THE 1ST AMENDMENT TO PURCHASE ORDER NO. POGG1,EFAA,202400002306 ISSUED TO THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION (CITY), AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO ENERGY OFFICE, FOR THE CHARGE AHEAD COLORADO GRANT, EXTENDING THE AVAILABILITY OF GRANT FUNDING THROUGH NOVEMBER 30, 2026 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The first amendment to Purchase Order No. POGG1,EFAA,202400002306 issued to the City of Pueblo, a Colorado Municipal Corporation ("City"), by the State of Colorado, acting by and through the Colorado Energy Office ("CEO"), for the Charge Ahead Colorado Grant, a copy of which is attached, is hereby approved. SECTION 2. The officers of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 22, 2026. Final adoption of Ordinance by City Council on July 13, 2026. FDOCUSigned by: auff President of City Council Docusign Envelope ID: 49A128EB-69A6-8358-83F3-60504C12344C Action by the Mayor: ❑ Approved on 07/15/2026 ❑ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re -adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST Shoed by: W PtUt t Deputy City Clerk Docusign Envelope ID: 49A128EB-69A6-8358-83F3-60504C12344C City Clerk's Office Item # S18 ciily of "PUEBLO m;µ ...w aflorado Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 13, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: AN ORDINANCE APPROVING THE 1ST AMENDMENT TO PURCHASE ORDER NO. POGG1,EFAA,202400002306 ISSUED TO THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION (CITY), AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO ENERGY OFFICE, FOR THE CHARGE AHEAD COLORADO GRANT, EXTENDING THE AVAILABILITY OF GRANT FUNDING THROUGH NOVEMBER 30, 2026 SUMMARY: This Ordinance approves the first amendment to a Purchase Order issued by the Colorado Energy Office to the City of Pueblo, relating to a project to install electric vehicle charging infrastructure at the Main Street Parking Garage and Weisbrod Parking Garage. The amendment extends the availability of grant funding through November 30, 2026. PREVIOUS COUNCIL ACTION: City Council approved the original Purchase Order under Ordinance No. 10584 on November 13, 2023, which established Project Account No. C12217 - Charge Ahead Colorado, and accepted, budgeted, and appropriated the $45,000.00 provided through the purchase order. BACKGROUND: The City applied for and received a "Charge Ahead Colorado" small dollar grant award in the amount of $45,000.00 through the Colorado Energy Office in 2023 to install multiple Level 2 electric vehicle charging stations at the Main Street Garage and Weisbrod Garage. The City also received a separate grant to install several direct current fast charger (DCFC) stations at the Main Street Garage. Staff has been coordinating with CEO to design and construct both projects under one contracted effort. In support of the City's request to execute the work in this way, CEO extended the availability of the Charge Ahead Colorado grant funding through November 30, Docusign Envelope ID: 49A128EB-69A6-8358-83F3-60504C12344C 2026. FINANCIAL IMPLICATIONS: Funds made available through CEO's purchase order will remain available through November 30, 2026. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this Ordinance would preclude the City from installing the electric vehicle charging stations contemplated under the Charge Ahead Colorado grant award. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: 1. CEO POGG1 24-2306 City of Pueblo-Amd-4 STATE OF COLORADO Page 1 of j CA Office of the Governor Colorado Energy Office •' '•' Number: POGGI,EFAA,202400002306 The order number and line number must appear on all Date: 5/29/26 invoices, packing slips, cartons, and correspondence. Description: • 10 CAC Grant Colorado Energy Office - Broadway 1600 Broadway Suite 1960 Denver, CO 80202 Effective Date: 09/08/23 Ex iration Date: 11/30/26 BUYER SHIP TO Buyer: Colorado Energy Office - Broadway Email: 1600 Broadway • Suite 1960 CITY OF PUEBLO Denver, CO 80202 PO BOX 1427 PUEBLO, CO 81002-1427 SHIPPING• Delivery/Install Date: Contact: George Andrews FOB: Phone: (719) 553-2245 VENDOR INSTRUCTIONS DESCRIPTIONEXTENDED Exhibit A-3, the Statement of Work, is hereby deleted in its entirety and is replaced with Exhibit A-4, attached hereto and incorporated by reference herein. Contact Info: Mika Burdette: mika.burdette@state.co.us Lime Item Cbmmodity/Itei' Code '; VOM - , QTY �, Unit Cost Total Cost MSD Req, G1000 0 0.00 $45,000.00 Description: Grant Commodity Service From: 09/08/23 Service To: 11/30/26 ' • • https://www.colorado.gov/osc/purchase-order-teinis-conditions ' • •' •� �l Change Order Number: 5 Incorrect SOW was attached. Correct/updated SOW now attached. STATE OF COLORADO Pate 2 °f ICO Office of the Governor Colorado Energy Office DOCUMENT TOTAL = $45,000.00 Exhibit A-4 Statement of Work Project Title: Charge Ahead Colorado II. Background/Objective The Grantee was awarded grant funding as a result of the competitive Electric Vehicle Supply Equipment (EVSE) Incentives Request for Applications (RFA). The Colorado Energy Office (hereinafter called "CEO" or the "State") agrees to provide funding to City of Pueblo. (hereinafter called "Grantee") towards the costs associated with EVSE. III. Project Description Charge Ahead Colorado is a program administered by the Colorado Energy Office (CEO) to encourage use of electric vehicles because they reduce greenhouse gas emissions, promote energy security through reliance on domestic electricity, and drive an innovative market for new technology. The general purpose of this project is to encourage the installation of electric vehicle charging stations throughout the state of Colorado. Installing charging stations, known as Electric Vehicle Supply Equipment (EVSE), enables electric vehicles to proliferate. Grantee is installing 5 level II dual port charging stations at: • Three Level 2 stations at 120 Main Street, Pueblo CO 81003 • Two Level 2 stations at 227 Court Street, Pueblo CO 81003 IV. Work Tasks, Deliverables and Timeline Grantee shall be responsible for the following work tasks and deliverables upon the final approval and discretion of the CEO: i. Purchase EVSE from vendors. Grantees are strongly encouraged to complete a competitive procurement process. The EVSE station must have networked data reporting capabilities that are active, collecting data, and accessible to administrators of the Charge Ahead Colorado program via cloud computing software at all times. See additional requirements in section V. Reporting. ii. Install the EVSE. Grantee may either contract with personnel who have expertise in electrical installations or pay Grantee labor staff with expertise in electrical installations for the installation of the unit and associated labor costs. iii. Construct foundation, if necessary. iv. Dedicate at least two parking spaces for EV charging per Level 2 charger and/or at least one parking space for EV Charging per Level 3 charger depending on the applicable technology being installed. 1. Accessible design standards must be incorporated, where feasible, per the Access Board design standard for EV Charging Stations. v. Provide CEO with invoices by the PO end date for work completed. The costs must be directly associated with installation of EVSE equipment. vi. Submit a final project report, with documentation of EVSE installation by the PO end date. The following documentation is required for CEO to reimburse eligible costs on the project: 1. Final Report 2. Summary Invoice/Reimbursement Request 3. Legible copies of all sales invoices showing the purchase price and amount paid by the applicant for the EV/EVSE, number of units purchased and serial numbers from the units. Page 1 of 3 Exhibit A-4 Statement of Work 4. Legible copies of all invoices/receipts showing installation costs and number of labor hours spent by the installers and any subcontractors on the project. 5. Date(s) of installation, installation completion and when the unit(s) are operational and available for use. 6. Digital photograph(s) of the completed unit(s) and dedicated EV charging spaces(s). a. Photographs must demonstrate adherence to the Access Board design standards. Photographs should be from a perspective that clearly shows adherence to the accessibility standards including wider spacing and a path of travel to the charging station. Additional photographs may be requested prior to reimbursement being finalized if this is not clearly demonstrated. vii. All deliverables shall be adjusted to the final approval and discretion of the CEO. V. Reporting Grantee shall be responsible for the following reporting requirements: Written analysis shall be in accordance with the procedures developed and prescribed by the State. Required reports shall be submitted to the CEO upon completion of all work tasks, or at such time as otherwise specified. The preparation of reports in a timely manner shall be the responsibility of Grantee and failure to comply may result in the delay of payment of funds and/or termination of this PO. Grantee must provide written communication to CEO if the project experiences significant changes or delays in the schedule via email. VI. Final Report & Invoice Documentation The Grantee shall submit a final report by the PO end date. This report will demonstrate the completion of the project and installation of the EVSE. To be acceptable, the final report must explain the Grantee's procurement and installation process, lessons learned from procurement and installation, and the data reporting capabilities of the EVSE, and it must identify the location of the EVSE unit accompanied with a picture of the installed unit. The Grantee shall provide an invoice to CEO for the purchase of the unit and associated equipment, permitting costs, and the labor costs associated with the installation. To be acceptable, the invoice must be supported by receipts or invoices for all equipment, permits, and labor. The invoice must include an itemized list of all project costs being considered under the grant, including a breakdown of those covered under Charge Ahead Colorado and by the project match (20% project cost match per unit). VII. Post EVSE Installation Reporting Upon EVSE installation, the Regional Air Quality Council (RAQC) and CEO may send out a form requesting information on EV and/or EVSE usage (i.e. time of use, duration of use, kWh, # of customers, mileage, etc.). By accepting funding through the Charge Ahead Colorado program, Grantee agrees to provide all information requested within this form. Furthermore, by accepting funding for EVSE through the Charge Ahead Colorado program, Grantee is required to provide full access to the charger network information to both RAQC and CEO. The Grantee shall report data for a minimum of five years on all EVSE unit metrics as requested by RAQC and CEO. Vill. Budget CEO will pay the Grantee the lesser of $45,000 or up to 80% (not to exceed $9,000 per 1-2) of allowable project costs for the EVSE installation. Grantee is responsible for any cost overruns. Grantee is entitled to payment only after successfully completing the EVSE installation and submitting an acceptable invoice and an acceptable final report to CEO. Page 2 of 3 Exhibit A-4 Statement of Work IX. Payment Terms — Billing Procedures The State shall pay the Grantee the reasonable, allocable, and allowable costs for work performed based on satisfactory progress of the work defined in this Agreement. Grantee shall be compensated only for work and services performed by Grantee and accepted by CEO pursuant to the terms of this Agreement. Payment shall also be contingent upon CEO's timely receipt and acceptance of required reports described herein. Grantee shall be reimbursed based on the submission of Grantee's invoice and documentation as outlined in Section IV (vi). To be considered for payment, billings for payment pursuant to this Agreement must be received by the State by the end of the Agreement Term. Payment will be made upon final completion of the project. CEO shall make no payment until the Grantee successfully completes the EVSE installation and submits an invoice and final report to CEO, including verification that the station is operational and available for use. CEO shall make payment within 45 days of receiving the final report and invoice. If installation is not completed by November 30, 2026, CEO is under no obligation to pay the Grantee. X. Testing and Acceptance Criteria The EVSE units will be acceptable to the CEO if they are installed, operational, and available for use by November 30, 2026. The Grantee's invoice to CEO will be acceptable if it is properly supported by invoices or receipts and the costs are associated with procurement of EVSE, construction materials, permitting, construction labor costs, and installation costs. The final report will be acceptable to CEO if it explains the Grantee's procurement and installation process, lessons learned from procurement and installation, the data reporting capabilities of the EVSEs, and it identifies the location of the EVSE units accompanied with a picture of the installed units. If the units, invoice, and report are acceptable, the CEO Program Manager will submit the invoice to the accounting department for payment. If the units, invoice, and report are unacceptable, the CEO Program Manager will work with the Grantee to correct, modify, or replace as needed. If Grantee fails to perform, the CEO Program Manager will submit a report to CEO's Director of Transportation Fuels and Technology and Director of Accounting & Budget explaining why funding should be denied or reduced. The two directors and the CEO Program Manager will determine whether funding should be denied or reduced, and the CEO Program Manager will inform the Grantee of their decision. XI. Small Dollar Grant Award Amount The maximum amount payable under this Agreement to Grantee by the CEO shall be $45,000, as determined by the State from available funds. Satisfactory performance under the terms of this Agreement shall be a condition precedent to the CEO's obligation to compensate the Grantee. The CEO shall not be liable to pay or reimburse Grantee for any performance hereunder prior to the Service From Date as shown on the face of the Small Dollar Grant Award. XII. Small Dollar Grant Award Term The Grantee shall begin work upon the later of the Service From Date as shown on the face of this Small Dollar Grant Award or upon Grantee's acceptance of this Agreement. This Small Dollar Grant Award shall terminate on November 30, 2026, unless sooner terminated or further extended as specified elsewhere herein. Page 3 of 3