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HomeMy WebLinkAbout8137RESOLUTION NO. 8 137 A RESOLUTION AMENDING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION RELATING TO THE D &RGW FREIGHT DEPOT PROJECT, AND AUTHORIZING THE TRANSFER OF FUNDS FOR A GRANT LOCAL MATCH AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME that: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, SECTION 1: An agreement dated May 27, 1997, between the City of Pueblo, a Municipal Corporation, and the Colorado Department of Transportation, of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2: The President of the City Council is hereby authorized to execute and deliver said Contract on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3: The funds shall be transferred from fund balance Account No. 001 -7090 into the General Fund. Transfer to CIF Account No. 001 - 900 -9002 into the CIF Account No. 002 - 009 - 900 -9001. SECTION 4: This resolution shall become effective upon final passage. INTRODUCED: MAY 27, 1996 BY: Samuel Corsentino COUNCILPERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTEST: a , �- , '�' r, S' . CITY CLERK STE M086 -005 (10396) Routing No. 96 HA2 01003 D & RGW FREIGHT DEPOT Pueblo /R -2 (TDR) CONTRACT AMENDMENT #1 THIS CONTRACT, is made this day of �the 19 97 by and between the State of Colorado for e use and b efirad o epartment of Transportation hereinafter referred to as "the State" or "CDOT" and THE CITY OF PUEBLO, COLORADO, 211 East D Street, Pueblo, CO 81003, FEIN 84- 6000615, hereinafter referred to as "the Local Agency" or "the City ". FACTUAL RECITALS Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund 400, Appropriation Code 010, Contract Encumbrance Number 10396, (Contract Encumbrance Amount for this Amendment: $241,500.00); and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract on January 10, 1994, hereinafter referred to as the "basic contract'; and The basic contract provided for a feasibility and environmental study related to the potential acquisition of 2.9 acres of railroad corridor and the restoration of the D & RGW freight depot in Pueblo, Colorado, hereinafter referred to as the Work; and The basic contract is still in effect and provides for modification by written supplemental contract; and The parties now desire to supplement or amend the basic contract to provide funding for the restoration and stabilization of the depot and the improvement of the site, including landscaping; and NOW THEREFORE, it is hereby agreed that 1. Consideration for this Amendment to the basic contract consists of the payments which shall be made pursuant to this Amendment and the promises and agreements herein set forth. 2. It is expressly agreed by the parties that this Amendment is supplemental to the basic contract, which is, by this reference, incorporated, and made a part hereof, and all terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is agreed the basic contract is and shall be modified, altered, and changed in the following respects only: a. The fourth factual recital shall be deleted in its entirety and shall be replaced by a new factual recital which shall read as follows: 1 the restoration of the D & RGW freight depot located in Pueblo, Colorado and for the restoration and stabilization of the depot, and the improvement of the site including landscaping, hereinafter referred to as the Work; and" b. The following new paragraphs "O" shall be added to Section II of the basic contract. "O. The Local Agency shall be cognizant of and fully comply with all federal requirements applicable to the performance of the work, and /or applicable to any procurement for the work, under this federally funded contract. Such requirements include: (a) Title 23, Code of Federal Regulations (CFR), Part 172, if the contract provides for design /engineering consultant services. The requirements of 23 CFR 172 include, without limitation: 1) the Local Agency shall submit any design consultant subcontract to CDOT for approval prior to its execution by the Local Agency, as required by section 172.5 (d); 2) the Local Agency shall also use the CDOT procedures as described in Attachment #1 to administer that design consultant subcontract, as required by sections 172.5(b) and (d); 3) to expedite any CDOT approval, the Local Agency's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency compliance with those CDOT Attachment #1 procedures and with the requirements of sections 172.5(b) and (d); and (b) Title 23 United States Code (USC) Section 112 and Title 23 CFR Part 633, if the contract provides for highway construction services. The requirements of 23 USC 112 and 23 CFR 633 include, without limitation: the Local Agency shall physically incorporate the entire "Form 1273" (which is attached and incorporated into this Contract) into any subcontract(s) for those services as terms and conditions thereof, as required by 23 CFR 633.102(e); and (c) Title 49, CFR, Part 18, unless other applicable federal requirements (including the provisions of 23 CPR 172 and 23 CPR 633) are more specific than provisions of Part 18 and therefore supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation: 1) the Local Agency shall follow applicable procurement procedures, as required by section 18.36(d); 2) the Local Agency shall request and obtain prior CDOT approval of changes to any subcontracts in the manner, and to the extent required by, applicable provisions of section 18,.30; 3) the Local Agency shall comply with section 18.37 concerning any subgrants; 4) to expedite any CDOT approval, the Local Agency's attorney, or other authorized representative, shall also submit a letter to CDOT certifying Local Agency compliance with section 18.30 change order procedures, and with 18.36(d) procurement procedures, and with 18.37 subgrant procedures, as applicable; 5) the Local Agency shall incorporate the specific contract provisions described in 18.36(1) (which are also deemed incorporated herein) into any subcontracts) for such services as terms and conditions of those subcontracts." C. Paragraph A. of Section III. shall be deleted in its entirety and replaced with the following new paragraph A. "A. The Local Agency has estimated the total cost of the feasibility and environmental study related to the potential acquisition of 2.9 acres of railroad corridor and the restoration of the D & RGW freight depot in Pueblo, Colorado, the restoration and stabilization of the depot and the improvement of the site, including landscaping, which shall hereinafter be referred to as "the Work" to be $289,000.00 which is to be funded as follows: (a) Federal participating funds (80% of $289,000.00) $231,200.00 (b) Local Agency share: Local Agency partic- ipating funds (20% of $289,000.00) $57,800.00 Total Funds: $289,000.00 d. The figure of $47,500.00, which appears twice in Section III. paragraph B of the basic contract shall be deleted and replaced with the figure $289,000.00. e. The figure $38,000.00, which appears in Section III, paragraph C of the basic contract shall be deleted and replaced with the figure $231,200.00. f. The following new paragraphs "M" and "N" shall be added to Section III of the basic contract. "M. This contract may be terminated as follows: (a) Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event that the contract is terminated for cause the Local Agency shall reimburse the State the entire amount paid to the Local Agency for the project in a lump sum payment made within thirty (30) days of the termination. Notwithstanding above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency. If after such termination it is determined, for any reason, that the Local Agency was not in default, or that the Local Agency's action /inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. (b) Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of funds under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. N. It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the parties hereto, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. It is the express intention of the parties that any person or entity other than the parties receiving services or benefits under this contract be deemed to be an incidental beneficiary only." 4. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment or any of its attachments or exhibits, and any of the provisions of the basic contract, this Amendment shall in all respects supersede, govern and control. The "Special Provisions" shall always be controlling over other provisions in the contract amendments. The factual representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 5. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. 6. THIS AMENDMENT SHALL NOT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSISTANT AS HE MAY DESIGNATE. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. STATE OF COLORADO ROY ROMER, GOVERNOR ATTEST: By X � r- Chief Clerk CITY OF PUEBLO: By 4�. Title President of the Council FEIN: 846000615 APPROVALS ATTORNEY GALE A. By BARRY B. RYAN I Assistant Attorney General Civil Litigation Section By I r y E cutive Director, Department of Transportation ATTEST (SEAL): By Title Ci Clerk ST CL By CONTROLLER PD W. HALL A