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Home My WebLink About10035RESOLUTION NO. 10035 A RESOLUTION APPROVING AN AMENDMENT TO A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION RELATING TO THE FOUNTAIN CREEK TRAIL REPLACEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has entered into a grant agreement (Resolution No. 9648) to receive $50,000 from the Colorado Division of Parks and Outdoor Recreation, Colorado Department of Natural Resources for the Fountain Creek Trail Replacement Project; and BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An amendment to an Agreement between the City of Pueblo, a Municipal Corporation, and the State of Colorado acting by and through the Department of Natural Resources — Division of Parks and Outdoor Recreation for the Fountain Creek Trail Replacement Project, a copy of which is attached hereto 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 Agreement in the name of and 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. INTRODUCED January 12, 2004 BY Michael Occhiato Councilperson APPROVED: PRESi ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK Aw. #1003S i 7 Background Paper for Proposed RESOLUTION AGENDA ITEM # S DATE: JANUARY 12, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING AN AMENDMENT TO A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION RELATING TO THE FOUNTAIN CREEK TRAIL REPLACEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an amendment to a grant agreement between the City of Pueblo and the Colorado Division of Parks and Outdoor Recreation extending the completion date of the agreement from December 31, 2003 to December 31, 2004 relating to the Fountain Creek Trail Replacement Project and authorize the President of Council to execute the agreement? RECOMMENDATION Approval of the Resolution. BACKGROUND The City has received a $50,000 grant from Colorado State Parks to replace an existing deteriorated asphalt trail with a new concrete trail. The project is located along Fountain Creek adjacent to US. Hwy 50 Bypass. The project also includes improvements to a 30' pedestrian bridge, which spans across a drainage arroyo along the south side of the highway's bridge. The City has completed the trail replacement portion of the project, but has not completed the bridge improvements. The extension to this agreement will allow staff to complete the necessary improvements to the pedestrian bridge. FINANCIAL IMPACT The City of Pueblo has appropriated and budgeted $100,256.94 to complete the Fountain Creek Trail Replacement Project - account CP 0312 per Ordinance No. 6984. This amendment to the agreement will not affect the project's budget. Agency or Department Name Division of 5 (�S Department or Agency Number PJA Contract Routing Number 0q-1 � CONTRACT AMENDMENT # / THIS AMENDMENT, made this � day of JU. 2004, by and between the State of Colorado for the use and benefit of the Department of Natural Resources, Division of Colorado State Parks, 1313 Sherman Street, Denver, CO 80203, hereinafter referred to as the State, and City of Pueblo, 211 East D Street, Pueblo, CO 81003, hereinafter referred to as the contractor, 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; and Required approval, clearance, and coordination has been accomplished from and with appropriate agencies; and The parties entered into a contract dated March 12, 2003, for the Fountain Creek Trail — City of Pueblo, the purpose for this amendment is described below. Due to the need to complete construction of the bridge portion of this project, the trail construction timeline needs to be extended. Amend the contract completion date to December 31, 2004. NOW THEREFORE, it is hereby agreed that 1. Consideration for this amendment to the original contract, Contract Routing Number, 03- PJA -120, Contract Encumbrance Number, C169613, dated March 12, 2003 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 original Contract Routing Number 03- PJA -120 dated March 12, 2003 referred to as the 'original 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 original contract is and shall be modified, altered, and changed in the following respects only: a. Extend the contract performance period from December 31, 2003 until December 31, 2004. b. C. 4. The effective date of this amendment is CLL 20 0�, or upon approval of the State Controller, whichever is later. 5. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this amendment and any of the provisions of the original contract, the provisions of this amendment shall in all respects supersede, govern, and control. The "Special Provisions" shall always be controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. Page I of 2 pages 6. 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. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day first above written. D _Qa I:TTiTi 11131 i of Pueblo Legal Name of Contracting Entity 85- 6000 -615 Social Security Number or FEIN Signature of Auth tzed Officer Randy Thurston Randy Thurston President of City Council Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is required.) Attest (Seal) By (Corporate Secretary Puivalent, or Town/City /County Clerk) (Place corporate seal here, if available.) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 2430 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and /or services provided. ARTHUR L.BARNHART Date or, /L Effective Date: July 1, 2003 STATE OF COLORADO: GOVERNOR r ecutive Director Department of Nc 7� _k LEGAL REVIEW: KEN SALAZAR ATTORNEY GENERAL ' Pre - Approved Form on ct sewer Page 2 of 2 pages