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Home My WebLink About8546v RESOLUTION NO. 8546 A RESOLUTION AMENDING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION RELATING TO THE D &RGW FREIGHT STATION PROJECT, AND AUTHORIZING FUNDS FOR THE GRANT LOCAL MATCH AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 .. An agreement dated October 12, 1998, 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 for local match, $62,500 shall be available from Account No. 04 -1998- 7359. SECTION 4 This resolution shall become effective upon final passage. ATTEST: INTRODUCED October 13, 1998 BY: Rich Golenda Councilperson APPROVED: -�� President 00he C uncil 1 � _ L Council Agenda. M00k4 10 -13-gy A RESOLUTION AMENDING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF TRANSPORTATION RELATING TO THE D &RGW FREIGHT STATION PROJECT, AND AUTHORIZING FUNDS FOR THE GRANT LOCAL MATCH AND AUTHORIZING THE Title PRESIDENT OF COUNCIL TO EXECUTE SAME Agenda Item # Department: PLANNING Date: OCTOBER 12, 1998 ISSUE Should the City Council amend a Contract between the City of Pueblo and the Colorado Department of Transportation relating to a grant for renovation of the D &RGW Freight Station? BACKGROUND The project is located at the corner of West "B" Street and Victoria Avenue adjacent to the Union Avenue Historic District. In 1993 the City initiated plans for the Denver and Rio Grande Western Freight Depot property as an adaptive reuse of the 1924 structure and a development opportunity for a multi -use facility. In 1994 a grant from the Colorado Department of Transportation, Intermodal Surface Transportation Effiecency Act (ISTEA), was awarded to the the City of Pueblo for a feasibility study, survey, and concept design. In 1997 there was a second amendment of the original Contract in the amount of $289,000 which funded the construction for a new roof and stabilization of load bearing walls in the building. This Admendment to the Contract is for $312,500 which will provide funding to bring portions of the building up to building code including updating utilities, improve ADA (Americans with Disability Act) access, and improve mechanical systems in the building and provide office space for the museum. The CDOT share is $250,000 and the City's share will be $62,500. The Amendment increases the Contract to a total of $601,500 with $481,200 from CDOT and $120,300 from the City. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT Funds in the amount of $62,500 are available from 1998 CDBG (Community Deveklopment Grant) funds allocatted for the D &RGW Freight Station Street Improvements, Account # 04 -1998 -7359. Routing Number 99 HA2 00020 STE M086 -005 (10396) D & RGW FREIGHT DEPOT Pueblo /R2 (LEW) CONTRACT AMENDMENT TWO THIS AMENDMENT, is made this day of 19 by and between the State of Colorado for the use and benefit of the Department of Transportation hereinafter referred to as "the State" or "CDOT" and the CITY OF PUEBLO, COLORADO, 211 East D Street, Pueblo, Colorado, 81003, FEIN Number: 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 Project Number 10396, Program 2000, Function 3201, Object 2312 1(P), Subproject [00], and Phase C, $312,500.00 (Total Contract Encumbrance for this amendment $312,500.00; 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 and a First Amendment dated July 3rd, 1997, 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; 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 additional funding for the project efforts. 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 1 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. Paragraph A. of Section III. shall be modified to include new Federal and Local Agency Participating funds and replaced with the following new funding amounts for this amendment. a. Federal participating funds (800 of $312,500.00) $250,000.00 b. Local Agency participating funds $ 62,500.00 (20% of $312,500.00) Total Funds: $312,500.00 b. The figure $289,000.00 which appears twice in Section III, Paragraph B of the basic contract shall be deleted and replaced with the figure $312,500.00 respectively. C. The figure $231,200.00, which appears in Section III, Paragraph C of the basic contract shall be deleted and replaced with the figure $250,000.00 respectively. d. The following language will be added to Section III of the basic contract as paragraph 0. 0. The Local Agency and the State may use one or all of the Contract Modification Tools contained in ADDENDUM B, in order to more expeditiously change and amend the terms of this contract, if such use is warranted by the circumstances as described and authorized therein. 4. Except for the "Special Provisions," in the event of 2 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 contractor 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. 3 .r IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. STATE OF COLORADO ROY ROMER, GOVERNOR ATTEST: By By x cutive Directo , `Chief Cler Department of Transportation CITY OF PUEBLO, COLORADO By Title President of City Council FEIN: 846000615 ATTEST (Seal) BY r�z Title City Clerk APPROVALS ATTORNEY G RAL STATE CONTROLLER GALE A. N R ON CLIFFORD W. HALL By By BARB B. RYAN Assistant Attorney General Natural Resources Section 4