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Home My WebLink About10143RESOLUTION NO. 10143 A RESOLUTION APPROVING A SECOND AMENDMENT TO THE NOVEMBER 1, 2000 CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY RELATING TO PUEBLO MOUNTAIN PARK PRESERVATION / RESTORATION PHASE II OF III, AND CONFIRMING AND RATIFYING THE EXECUTION THEREOF BY THE PRESIDENT OF CITY COUNCIL WHEREAS, the City of Pueblo has entered into a grant contract to receive $100,000 from the Colorado Historical Society to fund the Pueblo Mountain Park Preservation / Restoration — Phase II of III project per Resolution No. 9151; WHEREAS, on April 14, 2003, the City of Pueblo has entered into a grant contract amendment, extending the contract period from May 30, 2003 to May 30, 2004; and BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Contract Amendment #98- P1 -002A, extending the contract period from May 30, 2003 to May 30, 2005, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The execution of Contract Amendment No. 98- P1 -002A by the President of the City Council in the name of and on behalf of the City of Pueblo, a Municipal Corporation, is hereby confirmed and ratified. INTRODUCED June 14, 2004 BY Michael Occhiato Councilperson APPROVED: kd�� PRESIE OF CITY COUNCIL ATTESTED BY: CITY CLERK 6 1,�, .4� ion 1, L3 W E He Background Paper for Proposed RESOLUTION AGENDA ITEM # q DATE: JUNE 14, 2003 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING A SECOND AMENDMENT TO THE NOVEMBER 1, 2000 CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HIGHER EDUCATION, COLORADO HISTORICAL SOCIETY RELATING TO PUEBLO MOUNTAIN PARK PRESERVATION / RESTORATION PHASE II OF III, AND CONFIRMING AND RATIFYING THE EXECUTION THEREOF BY THE PRESIDENT OF CITY COUNCIL ISSUE Should the City Council approve a second amendment to a grant agreement between the City of Pueblo and the Department of Higher Education, Colorado Historical Society extending the completion date of the contract from May 30, 2003 to May 30, 2005 relating to the Pueblo Mountain Park Preservation / Restoration Phase II of III and confirming and ratifying the execution of the amendment by the President of Council? RECOMMENDATION Approval of the Resolution. BACKGROUND On, November 1, 2000, the City entered into a grant agreement with the Colorado Historical Society to receive $100,000 in funds (with the City matching $100,000) to assist in restoring the Horseshoe Lodge, Fire Tower and miscellaneous structures at the Pueblo Mountain Park. Last year, the City approved an amendment to the contract that extended the contract's completion date from May 30, 2003 to May 30, 2004. This second amendment will extend the contract for an additional year, until May 30, 2005. The weather in March and April has caused a significant delay for the contractor to begin work on the project. Construction is scheduled to be completed by the end of July. FINANCIAL IMPACT The City of Pueblo has appropriated and budgeted the $200,000 to complete the project in account PI-0005. r Form 6- AC -02A (85/91) Deparment or Agency name Colorado Historical Society Department or Agency number GCA Routing Number APPROVED WAIVER FORM - Amendment #37 NOJ►Y_Y_L7;Tiy 1G \_k i sl�l Uu I sl►r 1F6L �:11 Q!Z17W4] THIS AMENDMENT, made this_J� day of L� , c=q by and between the State of Colorado for the use and benefit of the Department U Higher Education, Colorado Historical Society, 1300 Broadway, Denver, Colorado 80203, hereinafter referred to as the State and/or the Society, and the City of Pueblo,1 City Hall Place Pueblo, Colorado 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 November 1, 2000, (the "Original Contract "), for SHF Project #98 -P1 -002, wherein the Contractor agreed to undertake the performance of certain work and services in consideration for which the State agreed to make certain payments; and The term of the contract is extended because the Contractor, through no fault of their own, is unable to complete the project as required within the specified contract period as a result of unforeseen delay; and The State and the Contractor both wish to bring the project to completion in order to fulfill the objectives of the Original Contract. NOW THEREFORE, it is hereby agreed that: 1. Consideration for this amendment to the original contract, C.E. Number 98P1002, Contract Routing Number N/A Approved Waiver Form dated November 1, 2000, 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, as amended Number #98 -P1 -002, dated November 1, 2000, referred to as the "original contract," which is, by this reference incorporated herein, that 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. Provision #4 of the original contract, CONTRACT EFFECTIVE DATE, the term of the contract is EXTENDED from May 30, 2003 (previously extended to May 30, 2004) to May 30, 2005. b. Provision #5 of the original contract, COMPENSATION AND METHOD OF PAYMENT, the List of Submittals are revised as reflected in the attached Revised Exhibit C. 4. The effective date of this amendment is upon approval of the State Controller or May 28, 2004, 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, Page 1 of 2 pages 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 reaffumed. 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. CONTRACTOR: (Grant Recipient) City of Pueblo Legal Name of Contracting Entity 84- 6000615 J Social curity Number or FEIN Signature of uthorized Officer Randu 'TV�urS+en, reSlAe 4 CA c6 unc i 1 Print Name & Title of Authorized Officer CORPORATIONS: (A corporate attestation is requiaed.) STATE OF COLORADO Bill Owens, GOVERNOR xecutive Director Georgianna Contiguglia, President Colorado Historical Society Department of Higher Education STATE HISTORICAL FUND By: e W, Mark Wolfe, Director LEGAL REVIEW: ATTORNEY GENERAL, Ken Salazar (Place corporate seal here, if available) g (Corporate SfVetary or Equivalent, or Town/City /County Clerk) G4@ea J. Vuniz Contra Officer, State Historical Fund ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24 -30 -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. I£ performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Arthur L. Barnhart BY X1/ /tr>✓ti �/ Sus &S. Rield CHS, Chief Financial Officer Date: /��V� -/� Effective Date: April 1, 2004 X: \Gif ts\Doc=ent\24142445.doc Approval/Contract: Amendment/rime Extension Only Page 2 of 2 pages