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