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HomeMy WebLinkAbout7650RESOLUTION NO. 7650 A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE BOARD OF THE GREAT OUTDOOR COLORADO TRUST FUND RELATING TO THE CITY PARK TENNIS COURT COMPLEX RENOVATION, PHASE I, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that; SECTION 1. The Contract dated April 21, 1995, between Pueblo, a Municipal Corporation and the State Board of the Great Outdoors Colorado Trust Fund, relating to the Pueblo City Park Tennis Court Complex Renovation - Phase I (the "Project ") a copy of which is on file in the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Contract in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The total cost of the Project is $337,763 and the sources of funding for the total costs of the Project are as follows: 02- 1995- 306 -0-40 -1035 (Lottery) $238,763 Great Outdoors Colo. Trust Fund (#5173) $ 99.4W Total Funds $337,763 " 01 1 K , W-1 This resolution will become effective upon final passage. INTRODUCED June 12 _ BY Sam Corsentino Councilperson APP VED: President of City Council A T: ANt Acting City erk GRANT AGREEMENT PROJECT: Name: Pueblo City Park Tennis Court Complex Renovation - Phase 1 Description: Renovation and improvement of tennis complex. Project Completion Date: December, 1995 Great Outdoors Colorado Contract No.: 5173 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Grantee: City of Pueblo Address: 800 Goodnight Pueblo, CO 81005 Telephone: (719) 566 -1745 Contact name: Bob Gilliland Contact title: Parks Superintendent Taxpayer I D no.: Date: April 21, 1995 CONTEXT OF AGREEMENT: A. The Board is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November, 1992 General Election. The Constitution appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources. B. In 1994, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants for Local Government Parks and Outdoor Recreation to which Grantee responded with a detailed application (the "Project Application "). C:\ OFFICE \WPWIMWPDOCS\LOCALGOWCMERGE.WPD 4/11195 C. Grantee submitted a Project Application to the Board which contemplates the execution of the project entitled and described above (the "Project "), a copy of which is incorporated by reference and attached as Appendix A. D. The Board approved Grantee's Project Application on March 21, 1995, subject to the execution of a detailed Grant Agreement, subject to the conditions set forth herein. E. Grantee anticipates that the Project described in the Project Application will be substantially completed on December, 1995. F. Grantee has undertaken responsibility for obtaining the match (funds and in -kind contributions) described in the project application. G. The parties intend this document to be the detailed Grant Agreement required by the Board. The Grantee shall carry out the project in accordance with this agreement and a work program to be approved by the Executive Director of the Board pursuant to this agreement. AGREEMENT The parties agree as follows: 1. Grant and Project The Board hereby grants to Grantee the sum not to exceed $99,000 subject to the terms of this Agreement. These funds shall be used by Grantee solely to complete the project described in Grantee's Project Application as approved by the Board. Grantee hereby agrees to use its best efforts to complete the project. 2. Project scope The Project, Pueblo City Park Tennis Court Complex Renovation - Phase I, as described in the Project Application, will not be materially modified by the Grantee without the written approval of the Executive Director of the Board. In multi -phase projects this Agreement only pertains to the identified phase of the project, and not the project as a whole. 3. Information to be provided upon execution of this Agreement NO FUNDS WILL BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE FURNISHES THE BOARD WITH THE INFORMATION REQUIRED BY THIS AGREEMENT. Promptly execution of this Agreement, Grantee will submit the following information to the Board's staff: C:\ OFFICE \WPW(MWPDOCS\LOCALGOWCMERGE.WPD 4/12/952 a. A resolution adopted by the governing body of the Grantee authorizing the execution of this agreement and approving its terms and conditions; b. A detailed Work Plan and Budget for this Project. Grantee hereby agrees to promptly submit all material revisions to their Workplan and Budget. As provided further below, the Board reserves the right at any stage of the Project to withhold funding if (1) modifications to the Project are so substantial as to make it, in the Board's reasonable judgment, substantially different in quality or kind from that approved by the Board, or (ii) there have been delays in the implementation of the Project which, in the Board's reasonable judgment, make the Project impracticable; C. Written evidence that all permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained; d. The Project funding schedule (which will be attached to this Agreement as Appendix B), will (i) briefly identify each major stage or milestone of the Project, (ii) set out the source, amount and anticipated date of each transfer of funds for the Project, and (iii) show the Board payment with respect to the Project; and e. Plans for the erection of signs and placards for the Project, as provided in Section 9(d) below. f. Full payment of the contract amount will be made upon substantial completion of the Project. A listing of Project Expenditure documentation required prior to final payment is attached as Appendix C. The information required by this paragraph 3 and an executed contract, along with periodic progress reports and the submission and approval of a final written report are also required. g. Funding may only be used for fixed assets, including land acquisition, construction of new facilities, and enlargement or renovation of existing facilities. Funding may = be used to pay for maintenance costs, admnistrative costs (such as office supplies, telephone, or travel expenses), non -fixed assets (such as athletic equipment), or any other costs deemed to be ineligible by the Board. 4. Other conditions precedent to disbursement upon completion of Project Prior to the payment by the Board at the completion of the Project, the Grantee must provide written assurance to the Board that: C:\ OFFICEIWPWIMWPDOCSILOCALGOWCMERGE .WPD VIVO a. The Project has been substantially completed according to the work plan and budget, along with Project Expenditure documentation and reports as noted above to support this claim; b. No material modifications or delays have been made or experienced (or the Board has been advised of the modifications or delays and has elected to continue to participate in the funding of the Project); C. Matching funding has been received (or the status of efforts to secure matching funding has been disclosed to Board staff and it has been found to be satisfactory); and d. The representations made to the Board in the grant application continue to be true (or, if there have been any material changes, the Board has been advised of such changes and has assented to them). e. Disbursement shall be made on the basis of costs incurred, upon the Grantee's satisfactory completion of the Project and in compliance with all aforementioned conditions in Sections (3) and (4). 5. Project operation and maintenance Grantee agrees: a. Grantee or its successor will operate and maintain the Project facilities in a reasonable state of repair for the purposes specified in the Project Application for at least 25 years, in accordance with generally accepted standards in the parks/recreation /wildlife community. The parties understand and agree that the Board shall not be liable for any cost of such maintenance, management or operation. b. Grantee will, upon request, provide the Board with the operating and maintenance costs of the Project, and give the Board appropriate information concerning the use of the Project by the public and the impact of the Project. _ 6. Compliance with regulatory re, uirements and federal and state mandates The Grantee hereby assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination, worker safety, local labor preferences, preferred vendor programs, equal employment opportunity, use of competitive bidding, and other similar requirements. The Grantee will indemnify the Board from any liability for any failure to comply with any such applicable requirements. 7. Public access Grantee agrees, for itself and its successors in interest, to allow reasonable access to the members of the public to the Project. C:\ OFFICE \WPWIMWPDOCS\LOCALGOWCMERGE.WPD 4/12NO - t' 8. Nondiscrimination During the performance of this agreement, the Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 9. Publicity and Project Information Grantee agrees: a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project. b. Grantee shall cooperate with the Board in preparing public information pieces. C. Grantee shall give the Board the right and opportunity to use information gained from the Project. d. Grantee shall erect signs visible from the nearest public roadway directing the public to the Project. In addition, Grantee shall erect placards acknowledging assistance by the Board and the Colorado Lottery, if applicable, unless Grantee incorporates this acknowledgment into other signage in a manner approved by the Board's Executive Director. The Board will provide reproducible samples of its logo and other identifying indicia to Grantee for this purpose. Plans describing the number, design, placement and wording of the signs and placards shall be submitted to the Board for review and written approval prior to completion of the Project. Final payment may be withheld by the Board pending placement of the signs and placards in the manner approved by the Board. e. Grantee shall give the Board 30-day notice of and opportunity to participate in Project dedications. f. Grantee shall give timely notice of the Project, its inauguration and significance to the local members of the Colorado General Assembly, members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials. 10. Information supplied and made available to the Board Grantee shall maintain records of Project receipts and expenditures consistent with generally accepted accounting practices. The Board shall have the right, upon reasonable notice to the C:\ OFFICE\ WPWIN \WPDOCS\LOCALGOV\KMERGE.WPD 4 /11A¢ - Grantee, to audit the books and records of Grantee which pertain to the Project and to the use and disposition of Board funds. 11. Withdrawal of Board fundine The Board may withdraw its approval of funding to the Grantee and cease funding of the Project if, in its sole discretion, it determines conditions have occurred which fundamentally change the expectations of the parties or which make the grant infeasible or impractical. 12. Grantee's inability to complete Project If the Grantee determines with reasonable probability that the Project will not or cannot be completed as reflected in the Project Application the Grantee will promptly so advise the Board, and cooperate in good faith with respect to alternative solutions to the problem before any further funds are advanced. 13. ere Throughout the term of this Agreement, the Board shall have the right to inspect the Project area to ascertain compliance with this Agreement. 14. General provisions The parties agree as follows: a. Grantee may not assign its rights under this Agreement without the consent of the Board. b. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be of interest to the other party. C. Colorado law applies to the interpretation and enforcement of this Agreement. d. Grantee is an independent contractor acting in its separate capacity and not as an officer, employee or agent of the Board. - e. Grantee will indemnify and hold the Board harmless from and against any liability arising from the Project. C:\ OFFICE\ WPWIMWPDOCS\LOCALGOy\KMERGE.WPD 4/12/4 - f. ' Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made as an amendment to this contract, approved by the Board, and signed by the parties in this Agreement. Dated: June 12, 1995 STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND By, XaA Fo xecutive Director GRANTEE: City of Pueblo i Title: President of City Council C: IOFFICENWPWFMWPDOCSX LOCALGOV\KMERGE.WPD 4/12/45 - SAMPLE PROJECT13UDGET GOCO Grant Grants Local Revenues In -Kind (list): Other TOTAL SOURCES OF FUNDS $ $ $ TE GOCO APPI IreuT ____ _ Personnel Costs Occupancy /Space Rental Contracted Services (list): Other (list:) TOTAL USES OF FUNDS $ $ $ 'Line items are for illustrative purposes. Use Those that are appropriate for your organization, Sample 7r.0ject Workplan Jnrr. Ireb. Mn 5 April ' May June July Aug. Sept. Oct. Nov. liec. 1995 1995 1995 1995 1995 1995 :995 1995 1995 1995 1995 1995 PHASE I Complete Design Development Board'of Director's Approval' Construction Documents Bidding Award Contract Construction Construction Complete Periodic Renort 13th - 21 st 21st 28th 15th 18t1i 1st 1st • 1 at PROJECT EXPENDITURE DOCUMENTATION THE ITEMS LISTED BELOW ARE NECESSARY DOCUMENTATION FOR THE PERFORMANCE OF A CLOSEOUT (DESK) AUDIT ON A COMPLETED GOCO PROJECT. One fully itemized expenditure report to which the following certification must be added and signed: "This billing reflects only those items listed which conform to the description of our project." The expenditure report should also reflect the matching and in -kind resources detailed in the project application and budget. 2. Copies of invoices for all expenditures listed on the expenditure report. This should include expenditure reimbursement. Invoices must indicate those items which apply to the project. 3. Copies of all canceled checks for the above invoices. 4. Copies of all contracts awarded. 5. Copies of all change orders to contracts. 6. Evidence of payment of contract amounts. (Normally canceled checks -for in -kind, signed verification of value of contract materials or labor provided by vendor). 7. Copies of all bids for contracts. 8. Copies of all bid notices. 9. Documentation to support all account costs to include copies of time cards /sheets, payroll sheets, and canceled checks. Time cards /sheets must be clearly annotated to indicate hours, rates, and costs charged to project. 10. Documentation to support sponsor -owned equipment costs to include use vouchers and cost summary sheets. Use vouchers and cost summary sheets must be clearly annotated to indicate hours or mileage usage, rates, and costs related to the project. Colorado State Highway Department or locally developed rates (whichever is lower) may be used. Pueblo City Park Tennis Court Complex Renovation - Phase I PROJECT BUDGET •a SOURCES OF FUNDS* DATE GOCO APPLICANT TOTAL GOCO Grant 4/21/95 $ 99,000 $ $ Grants Local Revenues In-Kind (list Other (list): Conservation Trus Fund 6/12/95 $ 160,000 Conservation nms rand 6/12/95 t3alan 78,763 TOTAL SOURCES OF FUNDS $ $ $ 337,763 USES OF FUNDS' DATE GOCO APPLICANT TOTAL Personnel Costs Occupancy/Space Rental • Contracted Services (iisty . Malott Peterson Renno Inc* 4/7/95 $99,000 $238,763 $337,763 * (See attached Bid Information) Otnar (list:) TOTAL USES OF FUNDS $ 99.00o $ 9zQ $ 337,763 'Line Items are for illustrative purposes. Use those that are appropriate for your organization. - ....... QUALITY SINCE 1954 -- April 7, 1995 Bob Gilliland Park & Recreation City of Pueblo 800 Goodnight Pueblo, CO 81005 PROJECT: City Park Tennis Court Renovation Dear Mr. Gilliland: f 1 -k 1 0%4; S As,tCA;Ei JW MAW PETERSON MANE19 INC. SPECIALIY CONTRACM • 137s WFs r ALAwoA - oENVFIL c01Q713. 303. 741 -3631- FAX 3619 -777 -01176 4m wEs r OEWFY- LAS ww. NV 191 /1.70 - 7w -44w- FAX 702.796.630 22se s 3600 wEsr• WEST VAL LEY CI rY. UT $4119.801.971.1555- FAX 101.971 -►763 1110 01ESEL ORIVE- EL PASO, rX 79907.915.59"$#7• FAX 915. 590.5513 105E STREET • FRESNO. cA 9371'x6.109.161.6365 • FAX 209. 264 3021 1000$ SANTOS NW- SUITE P ALOVOUEROUE NM 17110- SOS-836-MU- FAX 505. 831.6966 I. Base Bid - 8217,206.00 A. Design Drawing - including specification and product submittal. Drawings to be stamped by engineer. B. Demolition of existing structures including lighting system (to be salvaged for owner) fencing, foundations, perimeter asphalt, and sidewalk. C. Overlay existing asphalt with base material to re- establish I % slope. D. Construct (7) post- tension concrete slabs - 4 courts to be 54' by 120' each and 3 courts to be 60' X 120' each, 4' thick with a 1' wide by 1' deep perimeter beam and cables at a spacing from 3' -4" O.C. to 2' -0' O.C. E. Fencing - 10' high black vinyl clad chainlink with black polyester coated 2 7/8' posts and 1 5/8" top and middle rail, 4' X 7' walk gates and clipped corners. F. Surfacing - Championship surfacing including leveling, filler courses, TPS 5000 acrylic color texturized for "slow' play and 2" white playing lines. Color Selection: Playing Area Perimeter Area G. Tennis Court Hardware - Premier hardware including Vogue 2.5 square net posts, Edwards 30- DS tennis net, nylon center strap and anchor. A. Sidewalk - Supply and install 4' thick sidewalk including 6' of base (10,360 sq. ft.) Add 833,152.00 B. Lighting System - 856,700 1. Design 2. LSI Lighting System - including 8 fixtures per court mounted at 22' with foundations and base plate covers. 3. All electrical hook -ups including power to court. 4. Switching to be from (1) panel board. Sin 7el Grena . Pr oject Manager Charter Member United States Tennis Court & Track 80ders Association TENNIS COURTS - ALL WEATHER RUNNING TRACKS- INDUSTRIAL & GYM FLOORS - SAFETY SURFACES - RECREATION EQUIPMENT PHASE I Complete Design Develops 13eard'or Director's Appro Construction Documents Bidding Award Contract n Pueblo City Park Tennis Court Coaplex Renovation - Phase I Project Workplan Jan. Ireb. Mar. April • May June J1ply 1995 1995 1995 1995 1995 1995 1985 Aug. 1995 Sept. 1995 Ocl. 1995 Nov. 1995 Dec. 1995 • 1st