Loading...
HomeMy WebLinkAbout7234RESOLUTION NO. 7234 A RESOLUTION APPROVING AN AMENDMENT AND A NEW CONTRACT EIAF NO. 2530 - PUEBLO SENIOR CENTER II, FIRST AMENDMENT, BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS AND THE CITY OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has been offered an additional $100,000 in Energy Mineral Impact Assistance Funds for the Joseph Edwards Senior Center by the Colorado Department of Local Affairs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: SECTION 1• An Amendment and a new Contract for Ens Assistance Fund No. 2530, dated September 27, Colorado Department of Local Affairs and the Municipal Corporation, to provide funding for Senior Center, a copy of which is on file in the Clerk, having been approved as to form by the City approved. argy Mineral Impact 1993, between the City of Pueblo, a the Joseph Edwards office of the City Attorney is hereby SECTION 2• The President of the City Council is hereby authorized to execute said Amendment and new Contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. INTRODUCED September 27, 1993 —' Eij Clerk BY MICHAEL OCCHIATO Councilperson APPROVED BY: President of the Council EIAF - #253 FIRST AMENDMENT CONTRACT CONTRACT ROUT I NC NAMER 44C) (4� THIS CONTRACT, made this � day of . 1993, by and between the State of Colorado for the use ar>d benefit of the Deaartment of Colorado 80203 hereinafter referred to as the State, and the City of Pueblo. 1 Cfiy Hail Place. Pueblo. Colorado 81003 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for p ayment in Fund Number 15.3 . Appropriation Code I 'a8 . Org. Unit rAQO-( . BBL M - -m-,to Contract Encumbrance Number and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropf le agencies; and WHEREAS, the parties hereto have entered into a Contract dated July 9, 1992, with Contract Routing Number 930023, and Contract Encumbrance Number 0863022, for the wgmidkue of Mineral Energy Mineral Impact Assistance grant funds to partially finance fiction of a community senior citizens center in Pueblo, Colorado; and WHEREAS, it has become apparent to the Contractor that the Project as originally conceived will not serve community and senior citizen needs as adequately as was first envisioned; and WHEREAS, the Contractor has restructured and expanded the Project to create a full- service senior facility which will more satisfactorily accommodate senior citizen needs in the Pueblo area; and WHEREAS, changes in the original plans include enlarging and upgrading the centralized kitchen area, multi- purpose area, recreational areas, and tedmical service and administrative offices; and WHEREAS, total building area will be enlarged from 20,000 square feet to 22,800 square feet, and individual Rparfalizal IISif arms will bA Inrrwaearf in fiVa, cxrm m►r:tinn fatrurRA will he enharmw. and building materials and finishes will be upgraded; and WHEREAS, the Contractor is willing to provide an additional $798,000 in local funds to support the Increased cost of the revised scope of the Project; and WHEREAS. the State concurs with the Contractor that the Contractor's proposed modifications in expanding the Project scope of services are reasonable and desirable in order to achieve a more suitable senior facility; and WHEREAS, the State has approved the Contractors request for an additional $100,000 In Energy Mineral impact Assistance funds, thus bringing the State's financial participation in the Project to $300,000; and WHEREAS, the Project time of performance must be extended in order to allow the Contractor a sufficient amount of time to successfully accomplish the Project as amended; and Page 1 of 6 Pages EIAF - #2530 (FIRST AMENDMENT) WHEREAS, this Contract First Amendment Is necessary In order to on forth the modifications in the amount of compensation, :cope of services, time of performance, Project budget and payment schedule set forth in the Original Contract, NOW THEREFORE it Is hereby agreed that: 1. The dollar amount given In paragraph '5. Compensation and Method of PaymenC on page 1 of 6 pages of the main body of the Original Contract be amended to read as follows: THREE HUNDRED THOUSAND AND N0 /100 DOLLARS ( $300.000.00 ). ' 2. The scope of services, Exhibit A to the Original Contract, be amended in the following manner. a. The first paragraph under 0 i. Scope of Services on page 1 of 2 pages of Exhibit A be amended to read as follows: 'The Project consists of the construction of a 22,800 square400t community senior citizens center on City -owned property In downtown Pueblo, Colorado. ThP Lily of Pirhin (fi'dirltrmM4 will min Ard trwinthin till f8aity, whinh voll include a centralized Mtchen, multi- purpose area, recreational areas, and technical service and administrable offices.' b. The second paragraph under'l. Scone d SerAm- on page 1 d2 pages of E)dtibtt A be amended to need as follows: "Impact Assistance funds In the amount of $300,000 will partially finance Projed costs. The Contractor is expected to provide $1,598,000 in Project funding, and, In any event, Is responsible for all Project costs in excess of the $300,000 in Impact Assistance grant funds.` c. The Project completion date shown In the first and third sentences of the second paragraph under 'Z Time of Perfortcence on page 1 of 2 pages of Exhibit A In both Instances be amended to read as follows: 'December 31, 1994'. d. Section '3. Budget un paye 2 of 2 images of Exlubx'l. A be ncnerxied to read as follows: "REVENUE EXPENDITURES Energy Mineral impact $ 300,000 Site Preparation (storm and $ 158,000 Assistance Grant Funds sanitary sewer separation and phase one demolition) Contractor Funds 1,598,000 General Building Construction 1,600,000 ArchMirtualfEregina;rino 140 wo TOTAL $1,898,000 TOTAL $1.898.000 Page 2 of 6 Pages EIAF - #2530 (FIRST AMENDMENT? e. The dollar amounts shown in item b." and'TOTAV under'4. Payment Schedule on page 2 of 2 pages of Exhibit A be amended to read 0 185.000' and 'x300,000" respectively. 3. This Contract First Amendment shall become effective upon full and proper a mcu ion. Page 3 of 6 Pages 4_ All provisions of the Original Contract remain in effect except for the specNic provisons modified by this Contract First Amendment SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. '17his contract shall not bo deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the Stan of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT 3. if this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or imptwement of any building. road, bridge, viaduct, tunnel, excavation or other public work for this State. the contractor shall, before entering upon the performance of any such work included in this contract. duly execute and deliver to the Stan official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one -half of the total amount payable by the tents of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned" the faithful pctfe.s. st ce of the contract and in addition, shall provide that if the contractor or his subcontractors tail to duly pay for any labor. materials. team hire. sustenance. provisions, provender or other supplies a" or consumed by such contractor or his subcomtraetor in performame of the work contracted to be dome or fails to pay any person who supplies rental machinery, tools. or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per anal Unless such bond is executed, delivered and filed. no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's cheek or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lies of a bond. This provision Is in compliance with CRS 30 - - 106, INDEMNIFICATION A To the extant authorized by law, the contractor shall Indemnify, save, and hold harmless the State. Its employees and agents, against any and all claims, datnatas, liahiliiy anti cnnrt axstrla inrlltdlnt rtlat rttlrtsttt and sltnrnry fin inrnrrrA n s trsnit of any rr rat nmirrirm by the rorttntnor, or is employees. agents. subcontractors. or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with die letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34402). and as required by Executive Order, Equal Opportunity and Affirmative Action, dazed April 16, 1975. Parzaaar thereto. the follewins provisions shall be contained in all State contracts or sub- coanocn. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of nu. creed. color, national origin, sex, maritn 1 status, religion, ancestry, mental or physical haodkW. or age. The contractor will take affirmative action to insure that applicants are employed, and dm employees ate great M during empkty !egad mem. without ad to the above taraiotrad -Ara leriaica. Such action shall include, but riot be limited rbe following: employment upgrading. demotion. or ttarsier. reatdtment or reettI adverrl sings; layoffs or terminatiow.:area of pay or other forms of compens ifiM and SPirmi n fur training iMlttding tgtlnrmirrrlti(u The r'mtr*Mew'$Lwo t to fart in rnnrru"mnr planar, anniinbl• to •rnp(e)seoo and appliss notices to be provided by the contracting officer setting forth provisions of this nam�mhruion clause. f~ ansn*l ■yae•wa, (b) The contractor will. in all solicitations or advenisernents for employees placed by or an behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race. creed color, nations! origin, sex, marital status. religion. ancestry, menial or physical handicap, or age. (:) The ..v d&a Lw will sad ter cacilt latme uniort ut representative of workers with which he has a collective bargaining agreemutt or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order. Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules. regulations. and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all infortnation and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975, and by the rules, regulations and Orders of the Governor. or put== thereto, and will permit access to his books, records, aid accounts by the contracting agency and the office of the Governor or his design« for purposes of investigation to ascertain compliatoc with such rules, regulations and orders. (e) A labor organisation will not exclude any individual otherwise quaGfred from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or disenminsw against sty of its members in the full en1oymeM of work opponrmity because of race. creed, color, sex, national origin, or ancestry. (f) A labor organisation, or the employees or members thereof will not aid, abet, incite, compel or coerce the doinj of any act & -!toed in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this port trset to be discriminatory. Form &AC.026 Revised 1/93 395.53- 01 -len 1 4 or S vases EIAF - f2530 (FIRST AMENDMENT) Form 6 -AC -02C (7) In the event of the contractor's non - compliance with the nonfiscruuinatlon clauses. of contractor or with any of such rules, regulations, or orders. this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared indig - ble for further State contracts in accordance with praeedures, authorized in Executive Order. Equal Opportunity and Alfrtoative Action of April 16, 1975 and the rules. regulations, or orders promulgated in accordance therewith, and such other sanctions as may be Imposed and remedies as may be invoked as provided in Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provision of paragraph (1) through (8) in every sub and subcontractor perdum order unles exempted by rules, rrvnlatinr"t, eir eirde. issued pursuant to Executive Order. Equal Opportunity and Affirmative Action of April 16. 1975. So thsit such Provisions will be binding upon each subcontractor or vendor_ The contractor will take such action with respect to any sub tontradmg at purchase order as the aonaacs ng agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; Provided, however, that in the event the contractor becomes involved h. j duo it 111 "silk, li•iboro■ milk tut■ Nib mos"nsoam an srusndna on n smuh nfnnnh Arnarim bit thn armirnnting nannnir, the nntitrnrtrnr mnlr rampart the Swat of Colondn to enter intn nnrh thigtrirm in lwnrrri rhr igtrrrrt of ihr State of r'nirxadn COLORADO LABOR PREFERENCE 6a- Provisions of 8.17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken heretm- rinr and arc financed in whole or in out by State funds. b. When construction contract for a public project is to be awarded to a bidder. a resident bidder shall be allowed a preference against a non bidder frown s refrs ry frvrign rvvsntry emisl in rhr twr►rrrrrr tivrn rhr renvilrM by thr cntr nr inrri fn mintry in which rhr nun- rmirimt hirkter is a rm. iftl if a is rklrn tutted by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be avaU- able or would otherwise be inconsistent with requirements of federal law, this subsection shall be suspended. but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements ("Wou 8-19 -101 and 102, CRS). GENERAL 7. Tire laws of the State of Colorado and rules and regulations issued puruant thereto shall be applied in the interpretation, execution and enforcement of this contract Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void - Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the comract is capable of execution. 8, At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18- 8-301, et seq.. (Bribery and Corrupt lafiuences) and 18- 8-401. et. seq.. (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such provisions is present. I0. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein- IN Wi7NFSS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor. (F Legal Namt) STATE or- COLORADO CITY OF g PUEBLO COLORADO ROY R ER, GOVE nay K ste7ic" ' ~^ - - 11 DIRECro - Posttion (Title) P RESIDENT , CTTV r 84- 6000615 Saw Seernv nr.er a i•oerai I.D. Numba (If Corporation DEPARTMENT OF LOCAL AFFAIRS . 0 4 1 111111 MLW wt Pw � -rich is me No d - yeti" M4"1 -1030 (aevind IBS) Kee inma•twn a& re.are sale- OC- t47ltfait