HomeMy WebLinkAbout10390RESOLUTION NO. 10390
A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND THE PUEBLO SCHOOL DISTRICT NO. 60 RELATING TO THE
MAINTENANCE OF THE BESSEMER ACADEMY STREETSCAPE PROJECT AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following Agreement dated May 9, 2005 between the City and Pueblo, a Municipal
Corporation and School District No. 60, relating to the maintenance of the Bessemer Academy
Streetscape Project, a copy of which is attached hereto and on file with the City Clerk, 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 in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
INTRODUCED May 9, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PREStDENT 9F CITY CPJPIL
ATTESTED BY:
CITY CLERIC
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 3
DATE: MAY 9, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENTMIM MUNCH
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO SCHOOL DISTRICT
60, RELATING TO THE MAINTENANCE OF THE BESSEMER ACADEMY
STREETSCAPE PROJECT
[17K
Should City Council approve an agreement between the City of Pueblo and the
Pueblo School District 60 relating to the maintenance of the Bessemer Academy
Streetscape Project?
RECOMMENDATION
Approval of the Resolution
BACKGROUND
The City of Pueblo has committed $50,000 of 2001 Community Development
Block Grant Funds for the streetscape/right of way improvement around the then
Bessemer Elementary School. Plans were put on hold when District 60
announced plans to enlarge the building as part of the Bessemer Academy
Improvements. The District 60 has agreed to provide maintenance and irrigation
water for the project once it is completed. The project will consist of street trees,
landscaping, concrete paving and irrigation along Routt Avenue and Mesa
Avenue. The agreement is necessary to proceed with the streetscape
improvements.
FINANCIAL IMPACT
The City of Pueblo will pay for the construction of the project not to exceed
$50,000. School District 60 will maintain the right of way streetscape
improvement and provide the water for the irrigation system.
KITH 9DIDlu1DIeNI
THIS AGREEMENT ( "Agreement ") is made and entered into this 9 day of
May, 2005, by and between the City of Pueblo, a municipal, hereinafter to as "City,"
whose address is 1 City Hall Place, Pueblo, Colorado, 81003, and the Board of Education
of School District 60, hereinafter referred to as "District 60 ", whose address is 315 W.
I V h Street, Pueblo, Colorado, 81003.
WITNESSETH:
WHEREAS, The City has entered into grant agreements with, and receives
certain federal funds ( "CDBG Funds ") from, the U.S. Department of Housing and Urban
Development pursuant to the Housing and Community Development Act of 1974, as
amended; and
WHEREAS, City is willing to obligate an amount not to exceed $50,000 of
FY2001 CDBG Funds for improvements to and within the public rights -of -way of Routt
Avenue and Mesa Avenue, within the City, said improvements to include paving,
planters, trees, shrubs and an automatic irrigation system (hereinafter the "Project "); and
WHEREAS, the Project area is adjacent to property owned by District 60
commonly known as the Bessemer Academy, and the Project will enhance the aesthetics
and value of District 60's property; and
WHEREAS, it has become logistically and financially difficult for the City to
provide routine and long -term maintenance of additional street right -of -way landscaping
and to bear the expense of irrigation water for such landscaping; and
WHEREAS, as an inducement to City to undertake the Project, District 60 has
represented that it is willing to provide routine and long -term maintenance for the Project
and commit to furnish irrigation water for the Project at District 60's expense; and
WHEREAS, it is necessary and appropriate for City and District 60 to enter into
a written agreement setting forth their respective obligations and other terms and
conditions with respect to the Project, including the agreement to the parties with respect
to cost allocation and maintenance;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and provisions contained herein, City and District agree as follows:
1. City Resuonsibilities
1. Subject to availability of CDBG funds therefore, City will design, and
cause to be constructed, the Project, to include such features and improvements as City
shall select. Project features may include, but are not necessarily limited to, paving,
planters, trees, shrubs, grass and an automatic irrigation system. Project features shall be
constructed primarily within the public rights -of -way along Spruce Avenue and Mesa
Avenue, but may include incidental features or irrigation components, including but not
limited to water lines, irrigation lines and valves, and electrical components, located upon
or within adjacent District 60 property and buildings.
2. The Project budget, not including operation and maintenance, is estimated
to be $50,000 including all design work labor, materials and other costs. In the event the
lowest and best bid for Project otherwise acceptable to City exceeds the budget or
available CDBG Funds, City may defer award of a contract for the Project, or may cancel
the Project, District 60 may, however, but is not required to, make its own funds available
in an amount sufficient to cover the amount of any such deficiency between available
CDBG Funds and such lowest and best bid, and deposit such funds with City, in which
event the City may increase the Project budget and proceed with construction of the
Project.
3. City shall afford District 60 an opportunity to review and approve design
plans for the Project prior to solicitation of bids by City. If the District disagrees with the
plans and design of the project after the city has given 10 days written notice prior to
finalization, then the District may withdraw its commitment to maintain the project by
giving written notice within ten days of receipt of the City's notice. The content of
solicitations, award of contracts (if any), execution of contract modifications, issuance of
change orders, resolution of contract claims, and performance of all work on the Project,
shall be exclusively within the control of City.
4. The Project budget may include an amount for work -in -kind furnished by
City for design, planning, inspection and supervision of Project.
5. Upon completion of preliminary plans for the Project, City will advise
District 60 or the location or locations necessary for any incidental Project features and
irrigation and electrical components which must be located upon District 60 property.
6. When the Director of Public Works of City determines that the Project is
complete and functional, City shall notify District 60 and furnish to District 60 such
Project operation, maintenance and repair manuals or instructions as City may possess.
II. District 60 Responsibilities
1. In the event District 60 is informed that a funding deficiency exists for
Project prior to bid award by City, District 60 shall promptly notify City whether it
wishes to fund the deficiency or not. Should District 60 decide to fund the deficiency, it
shall deposit funds in the amount of the deficiency with the City's Director of Finance
within 30 days after the bid opening.
2. Upon request of City, District 60 shall promptly provide to City an
easement upon and across Bessemer Academy property, in such form as is acceptable to
the City Attorney and the District, for the incidental Project features, and irrigation and
electrical components identified in paragraph I.5 of this Agreement, which easement shall
be necessary and sufficient for the operation and maintenance of such features and
components.
3. District 60 acknowledges that the automatic irrigation system components
of the Project will require connection to District 60's Bessemer Academy building
electrical and water supply systems, and District 60 agrees to cooperate with City and
City's contractors in enabling such connections to be timely made.
4. (a) Upon notification by the Director of Public Works that the Project
is complete, District 60 shall, at District 60's expense, thereafter operate, maintain,
supply irrigation water, repair, replace and rehabilitate the Project for a period of ten (10)
years from the date of notification of completion as provided in paragraph I.6 of this
Agreement, and in a manner compatible with the Project's purpose and specific
directions, if any, prescribed by City's Director of Parks and Recreation. District 60's
obligation to maintain shall include the replacement of materials damaged beyond repair
or which become unsightly, and replacement of trees, shrubs and other landscaping which
dies or becomes diseased during said period, regardless of cause.
(b) Notwithstanding District 60's obligations set forth above, it is
intended that the Project improvements located within City owned rights -of -way shall
remain the sole property of the City and the City reserves all of its rights to determine
future use or uses of such rights -of -way consistent; with law, and even though such future
use or uses may cause destruction or impairment of all or a portion of the Project
improvements.
III. Additional Terms
1. Notices Notice to the Parties pursuant to this Agreement shall be given by
first class United States Mail, postage prepaid, addressed as follows:
If to the City: David J. Galli
City Manager
1 City Hall Place
Pueblo, Colorado 81003
With a copy to:
Director of Parks and Recreation
800 Goodnight Avenue
Pueblo, Colorado 81005
If to District 60: Dr. Joyce Bales, Superintendent of District 60
315 West 1 V h Street
Pueblo, Co. 81003
2. Severability If any term or condition of this Agreement shall be held to
be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision to the extent that this Agreement is then capable of execution
within the original intent of the parties hereto.
3. No Third Party Beneficiary It is expressly understood and agreed that
the enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned Parties.
Nothing in this Agreement is intended nor should it be construed, to create or extend any
rights, claims or benefits or assume any liability for or on behalf of any student, parent, or
third party, nor, with respect to any student, parent, or third party, to waive any
immunities or limitations otherwise conferred upon either Party under or by virtue of
federal or state law, including but not limited to the Colorado Governmental Immunity
Act, C.R.S § 24 -10 -101, et. sea
4. Modification and Breach This Agreement contains the entire agreement
and understanding between the Parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned Parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or executed, unless such waived or executed, unless
such waiver or consent shall be in writing and signed by the Party claimed to have
waived or consented. Any consent by either Party, or waiver of a breach by either Party,
whether express or implied, shall not constitute a consent to, waiver of, or excuse for any
other different or subsequent breach.
5. Relationship of Parties In their performance of obligations hereunder,
City and District 60 each act in an independent capacity, and neither is to be considered
the officer, agent or employee of the other.
6. Authority of Signatories The persons signing this Agreement on behalf
of each Party represent and warrant that such persons and their respective Party have the
requisite power and authority to enter into, execute and deliver this Agreement and that
this Agreement is valid and legally binding obligation of such Party enforceable against it
in accordance with its terms.
7. No Conflicts of Interest District 60 certifies that no member of its Board
of Education, officers or employees has or will derive any personal or financial interest or
benefit from the activity or activities undertaken with federal financial assistance
pursuant to this Agreement, nor has an interest in any contract, subcontract or agreement
with respect thereto, nor the proceeds thereunder, either for themselves or for those with
whom they have family or business ties during their tenure and for one year thereafter.
District 60 further agrees that it shall avoid all conflicts of interest which are prohibited
by applicable federal regulations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective the year and date first above written.
ATTEST:
City Qjerk
BOARD OF EDUCATION OF CHOOL
DISTRICT NO 60
By
Chairm of the Board
CITY OF PUEBLO, a Municipal
Corp tion
By IVA- y '0�' A 'J�
sident o the ouncil