HomeMy WebLinkAbout8212RESOLUTION NO. 8212
A RESOLUTION APPROVING CONTRACT AMENDMENT
NUMBER ONE FOR PRAIRIE AVENUE WIDENING,
METRO STREET NAME SIGNS, AND THERMO PLASTIC
TRAFFIC MARKINGS (SHO M086 -013)
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The Contract Amendment Number One for the Prairie Avenue Widening, Metro Street Name
Signs, and Thermoplastic Traffic Markings (SHO M086 -013) between the City of Pueblo, a
Municipal Corporation and the State of Colorado Department of Transportation is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute this Contract amendment for
and on behalf of the City, and the City Clerk is authorized and directed to attest the same and affix
the seal of the City thereto.
INTRODUCED: August 25 , 1997
By: Samuel Corsentino
Councilperson
ATTEST: J
, f" "%'� APPROVED: Gf
City Clei Preside 4f City' Council
SHO M086 -013 (10688) Routing No. 97 HA2 01081
PRARIE AVENUE WIDENING,
SIGNAGE & STRIPING
(SH 45 TO GOODNIGHT)
Pueblo /R -2 (TDR)
CONTRACT AMENDMENT ✓ # 1
THIS CONTRACT is made this da Y of
19 by and between the State of lorado for the se and benefit
of t e Colorado Department of Transportation hereinafter referred
to as "the State" or "CDOT" and the CITY OF PUEBLO, P.O. Box 1427,
Pueblo, CO 81003, FEIN 846000615, 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, Approp. Code 010, Contract Encumbrance Number 10688, (Contract
Encumbrance Amount for this Amendment: $443,662.00); and
Required approval, clearance, and coordination has been
accomplished from and with appropriate agencies; and
The parties entered into a contract on July 26, 1996, referred
to herein as the "basic contract "; and
The basic contract provided for preliminary engineering,
utilities and construction for widening Prarie Avenue to construct
a two -way left turn lane from approximately Jones Avenue to
Northern Avenue, and the installation of metro street signs and
thermo striping from SH 45 to Goodnight Avenue in the City of
Pueblo, Colorado, referred to therein and hereinafter 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 allocate additional funding to the project; and
NOW THEREFORE, it is hereby agreed that
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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 amount of $1,088,500.00 set forth in the basic
contract in Section I, PROJECT FUNDING PROVISIONS,
paragraph A, as the total cost of the work shall be
increased to $1,877,095.00, and responsibility for the
funds added to the contract pursuant to this amendment
shall be calculated at funding percentages that differ
from the percentages applied to the original funds. To
reflect these changes, paragraph A, Section I of the
basic contract shall be deleted and the following new
paragraph A shall be substituted therefor in Section I,
which shall read as follows:
"A. The Local Agency has estimated the total cost of
the preliminary engineering, utilities and
construction for the widening of Prarie Avenue to
construct a two -way left turn lane from
approximately Jones Avenue to Northern Avenue, and
installation of metro street signs and thermo
striping from SH 45 to Goodnight Avenue, in the
City of Pueblo, Colorado, hereinafter referred to
as the "work ", to be $1,877,095.00, which is to be
funded as follows:
(a) Federal participating funds
(900 of $1,059,709.00) $953,738.00
(82.79% of $452,953.00) $375,000.00
Subtotal (a): $1,328,738.00
(b) Local Agency share:
1) Local Agency partic
ipating funds:
(10% of $1,059,709.00) $105,971.00
(17.21% of $452,953.00) $77,953.00
Subtotal (b):, $183,924.00
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2) Local Agency non-
participating costs: $364,433.00
Total Funds: $1,877,095.00"
b. Paragraph B of Section I shall be deleted and replaced
with the following new paragraph B which shall read as
follows:
B. The matching ratio for this Federal -aid urban
system project is 90% Federal -Aid funds to 100
Local Agency funds for the initial $1,059,709.00 in
funds eligible for paticipation and 82.79% Federal -
Aid funds to 17.21% Local Agency funds for the
$452,953.00 in eligible funds added under Amendment
#1, it being understood that such ratios appy to
such costs as costs eligible for Federal
participation, it being further understood that all
non - participating costs are borne by the Local
Agency at 1000 ". The performance of the work shall
be at no cost to the State. If the total actual
performance of the work exceeds $1,877,095.00, and
additional Federal funds are made available to the
project, the Local Agency shall pay the relevant
Local Agency percentage of all such costs that
eligible for Federal participation set by the
federal funding program from which such funds are
derived and 100% of all non - participating costs.
If the total actual cost of performance of the
work is less than $1,877,095.00, then the amounts
of Local Agency and Federal -aid funds wil be
decreased in accordance withe the relevant funding
ratios described herein."
C. In paragraph C of Section I the figure of
"$948,738.00" which is stated to be the maximum
amount payable to the Local Agency under the terms
of this contract shall be deleted and the figure
"$1,315,876.00" shall be substituted therefor.
d. A new paragraph G shall be added to Section I which
shall read as follows:
G. Under this Contract, the Local Agency has
agreed to provide its funding based on the
terms as described herein as needed to
satisfactorily perform and complete the work,
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subject to the availability of funding.
Funds are currently available and encumbered
for the work in the amount specified above.
However, the total cost to complete the work,
and the resulting total funding amount(s) to
be provided by the State and Local Agency in
exchange therefor, as described in this
Contract or otherwise made known to the Local
Agency, are only estimated. If the parties
determine that they have
underestimated /overestimated these total cost
of the work, they have the right to take the
following action:
(1) to increase /decrease the amount of
available funds under this Contract.
In the event of this action, the State will
notify the Local Agency thereof by Funding
Letter. The Funding Letter will be in a form
substantially equivalent to that in Exhibit A
and it shall not be deemed valid until it
shall have been signed by the Local Agency and
approved. by the State Controller or such
assistant as he may designate."
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.
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IN WITNESS WHEREOF, the parties hereto have executed this
contract the day and year first above written.
ATTEST:
STATE OF COLORADO
ROY ROMER, GOVERNOR
By By
Chief Cl Executi e Dire for
DEPARTMENT OF TRANSPORTATION
APPROVED:
CLIFFORD W. HALL GALE A. NORTON
State Controller Attorney G eral
By By Rl"
BARRY B. RYAN
Assistant Attorney General
Civil Litigation Section
ATTEST: (SEAL)
By
Title City Clerk
CITY OF PUEBLO, COLORADO
By &&, ' �7 ' 2 -
Title President of City Council
Federal Employer Identification
Number: 846000615
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