HomeMy WebLinkAbout09558RESOLUTION NO. 9558
A RESOLUTION APPROVING AN AMENDMENT TO THE
AGREEMENT DATED SEPTEMBER 25, 2000 BETWEEN
PUEBLO, A MUNICIPAL CORPORATION, AND THE BOARD
OF WATER WORKS OF PUEBLO, COLORADO, RELATING
TO DAMAGES OR INJURY TO IMPROVEMENTS
ASSOCIATED WITH THE CONSTRUCTION OF A WATER
MAIN IN AND ACROSS THE NATURE CENTER
WHEREAS, on September 25, 2000, the Pueblo City Council (Resolution No. 9120)
granted a construction easement to the Board of Water Works of Pueblo, Colorado, for
subsurface water mains and approved an agreement between Pueblo and the Board of Water
Works of Pueblo, Colorado, relating to its obligation for damages or injury to improvements.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
gF.CTION 1 .
The Agreement Amendment between Pueblo, a Municipal Corporation, and the Board of
Water Works of Pueblo, Colorado, dated March 25, 2002, relating to the Board's obligation for
damages or injury to improvements caused by the construction of the water main in and across
the Nature Center, 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 authorized to execute and deliver the Agreement
Amendment in the name of the City, and the City Clerk is directed to affix the seal of the City
thereto and attest same.
INTRODUCED: March 25, 2002
BY: Patrick Avalos
CO CIL PERSON
APPROVED: ,
PRMIDENT OF CITY COUNCIL
ATTESTED BY:
Y CLERK
fi d). -
ED
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 2 _901
DATE: MARCH 25, 2002
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT DATED
SEPTEMBER 25, 2000 BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND
THE BOARD OF WATER WORKS OF PUEBLO, COLORADO, RELATING TO
DAMAGES OR INJURY TO IMPROVEMENTS ASSOCIATED WITH THE
CONSTRUCTION OF A WATER MAIN IN AND ACROSS THE NATURE CENTER
ISSUE
Should the City Council amend the Agreement with the Board of Water Works so it can
receive $131,930.00 in liquidated damages caused by construction of the Board's water
main in and across the Nature Center to be used as a match for the Arkansas River
Corridor GOCO Legacy Projects.
RECOMMENDATION
Approve the Amendment.
BACKGROUND
The Agreement between the Board of Water Works and the City of Pueblo stipulated... "If
the City receives the GOCO funds before Board's contractor commences construction
work in the Permanent Easement across the Nature Center, which work is scheduled to
start November 1, 2001 and be completed February 28, 2002, Board will pay to City,
1
within ten (10) days after City's request, the Liquidated Damages in lieu of physical
restoration, replacement, and relocation of the items described in the attached Exhibit E."
The $131,930.00, to be received from the Board of Water Works, is a portion of the cash
match for the GOCO Legacy Grant. The cash will be used to fund work to be completed
within the Plaza Area of the Nature Center. The City, at its April 8, 2002, will act on the
Contract with GOCO which will allow the City to receive the above referenced funds.
The Agreement between the Board of Water Works and the City is amended to reflect
these actions and allow the City to receive the funds from the Board of Water Works.
FINANCIAL IMPACT
The Board of Water Works contribution is reflected within the attached Pueblo Arkansas
River Corridor Project Budget - -Phase I, Project No. 2-- Greenway & Nature Center --
Environmental Educational Area.
AGREEMENT AMENDMENT
THIS AGREEMENT AMENDMENT entered into as of March 25, 2002 between Pueblo,
a municipal corporation ( "City ") and Board of Water Works of Pueblo, Colorado (the "Board "),
WITNES SETH:
WHEREAS, City and Board entered into an Agreement dated September 25, 2000 relating
to the construction of Board's water main across the Nature Center (the "2000 Agreement "), and
WHEREAS, certain contingencies set forth in paragraph 5 of the 2000 Agreement have not
occurred as anticipated, and
WHEREAS, City and Board desire to amend paragraph 5 of the 2000 Agreement to
accurately reflect the conditions now existing.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Board agree as follows:
Paragraph 5 of the 2000 Agreement shall be and hereby is amended to read:
5. The term "Nature Center" as used in this Agreement means and includes the
real property owned and leased by City and Center located between Station 163 +50 and
Station 169 +00 shown on Board's construction drawings for the subsurface water main and
all improvements located thereon. The Permanent Easement crosses the Nature Center from
Station 163 +50 to Station 169 +00 shown on Board's construction drawings. There will not
be a Construction Easement across the Nature Center. City has or will apply for GOCO
funds to install a plaza in the parking area between the Nature Center building and restaurant
located at the Nature Center (the "Plaza Area "). The Board and City have consulted in detail
regarding the damage that is likely to be caused to existing improvements in the Plaza Area
by the construction of the Board's water main across the Plaza Area and have agreed that the
sum of $131,930.00 represents an appropriate amount for the damage to the items described
in Exhibit E attached hereto and incorporated herein (the "Liquidated Damages ").
Board will pay to City within ten (10) days after City's request, the Liquidated
Damages in lieu of physical restoration, replacement and relocation of the items described
in attached Exhibit E. In addition, Board will
(a) replace the asphalt and concrete drainage pan disturbed or removed
by the Board's contractor in the west parking lot;
(b) re- install 7 light poles, bases, and wiring on east and west side of the
parking lot disturbed or removed by Board's contractor;
(c) provide a 3/4 -inch plant mix seal overlay of the west parking lot for
the area south and east of the concrete flow pan after the asphalt is removed and
replaced by the Board or its contractor; and
(d) replace 90 Cottonwood trees along west road (88 x $100 /tree and 2
x $2,000 /tree) to the extent disturbed or removed by Board's contractor;
(e) restore, replace, repair and relocate all other improvements located on
the Nature Center disturbed or damaged by the Board or its contractor.
Board and City acknowledge that replacement trees and shrubs will not be the same
size as those removed but agree that they will be the size and type mutually agreed upon
limited to the cost per tree or shrub specified in either (d) above or Exhibit E.
2. _ Tke 2000 Agreement as amended by this Agreement Amendment shall remain in full
force and effect binding upon and inuring to the benefit of the City and Board.
Executed in Pueblo, Colorado as of March 25, 2002.
[SEAL) PUEBLO, A MUNICIPAL CORPORATION
Attest: By
City qrk President of the City Council
[SEAL]
BOARD OF WATER WORKS OF PUEBLO,
COLORADO
r
Attest By
ecretary President
-2-
Pueblo Arkansas River Corridor Project
Project Budget - Phase 1
Project
1. Arkansas River Habitat Improvements
2. Greenway & Nature Center
- Environmental Education Area
- Natural Resource Restoration
- Raptor Center Improvements
- Nature Trails & Interpretive Signs
3. Trail System Improvements
Replace 6 miles of hard surface trails
- St. Charles Mesa Trail connection
- Trail signs
- Pueblo West Trail
4. Environmental Education Sites
- Overton Wildlife Viewing Area
- Conduit Trail Area
5. Pueblo Zoo Improvements
- Colorado River Otter Exhibit
- Trail Connection From River Trail
6. Riverfront Parks & River Access
- Riverfront park
- River access points
- Kayak Course
PROJECT COST - Phase 1
Note: $1.00 = $1 million dollars
CORPS
4.284 $
GOCO TE21 ST. PARKS DOW
1.310 $ 0.04 $ 0.020
0.120
0.010
0.040
0.010
0.175 $ 0.30
0.010
0.035 $ 0.02
0.005
0.175
$ 0.015
$ 0.030
$ 0.045
$ 0.045
$ 0.045
$ 0.020
4.284 $ 2.000 $ 0.30 $ 0.06 $0.110
$0.10 = $100 thousand dollars
CITY
COUNTY
CDBG
BOWW
OTHER
TOTAL
0.200
$
0.200
$ 0.04
$
0.497
$
6.591
0.035
$
0.015
$ 0.13
$
0.050
$
0.350
0.010
$
0.010
$
0.050
$
0.080
0.010
$
0.010
$
0.050
$
0.110
0.010
$
0.010
$
0.016
$
0.046
0.065
$
0.070
$ 0.04
$ 0.05
$
0.009
$
0.724
0.010
$
0.010
$
0.030
$
0.025
$
0.020
$
0.100
$
0.010
$
0.040
$
0.010
$
0.060
0.045
$
0.030
$
0.100
$
0.350
0.005
$ 0.06
$
0.030
$
0.140
0.010
$ 0.03
$
0.025
$
0.110
$
0.025
$
0.045
0.400
$
0.400
$ 0.17
$ 0.18
$
0.872
$
8.776