Title
Amendment to the agreement with the Kansas Department of Transportation for Sedgwick County Project 624-6-455; bridge replacement on 23rd Street South between 311th and 327th Street West. CIP# B-454. District 3.
Body
Recommended Action: Approve the amended agreement and authorize the Chairman to sign.
The Board of County Commissioners approved the project agreement on December 12, 2012, and it was forwarded to the Secretary of the Kansas Department of Transportation (KDOT) for his approval. During a final review by the KDOT Office of Chief Counsel, it was determined that the paper copy provided by Public Works staff for the Chairman's signature was not the final version prepared by KDOT. There had been multiple versions prepared by KDOT as various issues were negotiated between KDOT and county staff.
The County Counselor's Office compared the version of the agreement that was included in the agenda backup materials and the final version that was prepared by KDOT, and determined that there was one material difference in Article II, Paragraph 18, that would require approval of an amended agreement by the Board of County Commissioners. References in the paragraph to "$250,000.00" had been corrected to "$463,063.00" to match a prior correction to the amount of federal funding in Article I, Paragraph 4, (increased from $200,000.00 to $371,000.00) that was included in the county approved version that but had not been carried into Article II, Paragraph 18.
Alternatives: None
Financial Considerations: The amendment does not change the county's understanding of its financial obligations to the project.
Legal Considerations: The BoCC is authorized to make all contracts in relation to the property and concerns of the county under K.S.A. 19-101 fourth; and to perform such duties as required by law concerning roads under K.S.A. 19-212 Ninth. Under K.S.A. 12-2908, the BoCC may enter into contracts with other cities or townships to perform any governmental service, activity or undertaking that each entity is authorized to perform.
Policy Considerations: None