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HomeMy WebLinkAbout11740RESOLUTION NO. 11740 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO AND THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY RELATING TO THE ENGINEERING AND DESIGN OF THE VETERANS' PEDESTRIAN BRIDGE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The Agreement dated October 19, 2009 between Pueblo and the Historic Arkansas Riverwalk of Pueblo Authority relating to the engineering and design of the Veterans' Pedestrian Bridge ( "Agreement "), 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 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. SFrTin S This Resolution shall become effective immediately upon final passage and approval. A77TSTFD SY: CITY CLERK INTRODUCED: November 9. 2009 BY: Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council ED Background Paper for Proposed RESOLUTION AGENDA ITEM # M -5 DATE: November 9, 2009 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO AND THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY RELATING TO THE ENGINEERING AND DESIGN OF THE VETERANS' PEDESTRIAN BRIDGE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve the Agreement. RECOMMENDATION City staff recommends approval. BACKGROUND The Historic Arkansas Riverwalk of Pueblo Authority ( "Authority "), in order to expedite the process of the selection and awarding a contract for the design and engineering of the Veterans' Pedestrian Bridge ( "Bridge ") will, pursuant to requests for proposals issued by the City, select the firm to provide such services and act as the contracting agency for the contract to provide such services. All plans, designs and specifications for the Bridge are subject to approval by the City's Director of Public Works. FINANCIAL IMPACT None. 5 AGREEMENT This Agreement entered into effective October 19, 2009 by and between Pueblo, a Municipal Corporation (the City), and the Historic Arkansas Riverwalk of Pueblo Authority ( the Authority). Whereas the City has issued a Request for Proposals (RFP) for design and engineering services for the Veterans' Pedestrian Bridge (Bridge) at HARP, and Whereas the Authority is charged with the management and oversight of the HARP Project subject to City's approval of development within HARP, and Whereas the HARP Foundation (the Foundation) has received donations from veterans, their families and others to be used in the design and construction of the Bridge, and Whereas the City and the Authority wish to expedite the process of the selection and awarding of the contract for the design and engineering of the Bridge and the completion of the design and engineering for the Bridge consistent with the City's bidding and procurement policies, NOW THEREFORE, the City, and the Authority agree as follows: The Authority will, pursuant to the provisions of the RFP, form a selection committee to review the proposals submitted in response to the RFP. This selection committee will, subject to the provisions of the RFP, select the firm to provide the necessary design and engineering services. The Authority will then complete the negotiation of the contract for the design and engineering services for the Bridge with the designated firm, consistent with the provisions of the RFP (the "Contract "). The Authority will act as the contracting agency for the Contract for the design and engineering services for the Bridge. The Authority will enter into an agreement with the Foundation for payment of the design and engineering services from funds received by the Foundation as referenced above. Subsequent to the award of the Contract the Authority will administer the Contract and review the draw requests for the design and engineering services which are performed, approve those draw requests as are determined to be appropriate for payment and deliver to the Foundation for payment the approved design and engineering services draw requests which are so approved to be paid from the funds held by the Foundation which were donated for the Bridge. All Bridge plans, design and specifications prepared by the designated firm pursuant to the Contract are subject to approval by City's Director of Public Works (the "Director "), and if required to be approved in phases, Director's approval of each phase must be obtained before proceeding to the next phase. After completion of the Bridge plans, design and specifications and approval thereof by the Director, Authority will, upon written request of City, assign its rights and remedies under the Contract to City provided such assignment shall not release or discharge Authority from any of its obligations hereunder. Pueblo, a Municipal Corporation Attested by: By City rk President of City C uncil Approved as to form: HARP Authority By City Attorne 2