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HomeMy WebLinkAbout7380RESOLUTION NO. 7380 A RESOLUTION APPROVING A SUPPLEMENTAL CONTRACT AG BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION, RELATING TO REIMBURSEMENT OF SERVICES PROVIDED BY THE CITY FOR THE NORTHERN AVENUE WIDENING PROJECT, NUMBER STM- 3063(4) WHEREAS, the City of Pueblo entered into an agreement with the State of Colorado, Department of Transportation, under Resolution Number 6980, for the purpose of widening Northern Avenue from Gaylord Avenue to Orman Avenue; and, WHEREAS, the Department of Transportation has agreed to reimburse the City for the cost of engineering services which exceeded the original contract amount; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that; SECTION 1. The President of City Council is hereby authorized to execute the said supplemental contract on behalf of Pueblo, a Municipal Corporation and the City Clerk shall affix the Seal of the City thereto and attest the same. Introduced: May 2 3 , 1994 Councilperson t of the Council ATTEST: City Clerk R 1 � 94 ` 41 STM 3063(4) NORTHERN AVE., GAYLORD TO ORMAN Region 2 SUPPLEMENTAL CONTRACT THIS FIRST SUPPLEMENTAL CONTRACT, made thisJ / 1/1 day of /► .Z/ , 19 , by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the State, and the CITY OF PUEBLO, STATE OF COLORADO, hereinafter referred to as the contractor, or Local Agency, WHEREAS, 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 Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Functions 3020 and 3200, Object 2312 1 P, Originating Unit I Contract Encumbrance Number 93070 [00] D and C (Contract Encumbrance Amount $13,000.00 D and $10,000.00 C); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State and the Local Agency have heretofore entered into a contract dated September 2, 1992, hereinafter referred to as the basic contract and made a part hereof by reference, which by its terms, is still in effect as of the above date and which provided for preliminary engineering and construction to provide a continuous left turn lane on Northern Avenue from Gaylord to Orman in the City of Pueblo, Colorado; and WHEREAS the cost of services provided by the Local Agency on the project will be greater than previously estimated; and WHEREAS, the parties herein desire to amend the basic contract to increase the amount of project funds to be paid to the Local Agency for design and construction engineering services; and WHEREAS, this contract is entered into pursuant to the provisions of 24 -92 -101, et seq., 29 -1 -203, 43 -1 -110, 43 -1 -116, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended, -1- NOW, THEREFORE, it is hereby agreed that: A. The basic contract, unless specifically revised or amended herein, shall be and remain in full force and effect with respect to the contractual relationship between the parties hereto. B. The last sentence of ARTICLE I., SECTION D.I. of the Basic Contract shall be deleted in its entirety and replaced by the following: "The maximum amount payable to the Local Agency under this contract shall be $33,000.00 unless such amount is.increased by a written supplemental contract." C. The contractor represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the contractor and to bind the contractor to its terms. D. The "Special Provisions" attached hereto are made a part hereof. -2- m 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 r C ief Cl xec DEPT. OORTATION APPROVED: CLIFFORD W. HALL State Co roller By ATTEST: By . ( �� '& &.j Title C I Ty C'/-E-rZK GALE A. NORTON Attor j/; t t&j eneral By BARRY B. RYAN Assistant Attorney General Natural Resources Section CITY QF PUEBLO, COLORADO K -3-