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HomeMy WebLinkAbout08729 ORDINANCE NO. 8729 AN ORDINANCE APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO FOR THE UNION AVENUE RENOVATION PROJECT, APPROPRIATING AN ADDITIONAL SUM OF $66,000 FROM THE SEWER USER FUND FOR THE UNION-VICTORIA AVENUE SANITARY SEWER REPLACEMENT PROJECT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Construction and Maintenance Agreement dated April 28, 2014 between the City of Pueblo, a Municipal Corporation, and the Urban Renewal Authority of Pueblo, Colorado for the Union-Victoria Avenue Pedestrian Mall, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Construction and Maintenance Agreement in the name of the City and the City Clerk is directed to affix the seal of the City and attest same. SECTION 2. Work performed under this contract shall include the following items: 1. Replacement of the sanitary sewer main in the alley between Union Avenue and Victoria Avenue, from B Street to the Historic Arkansas River Project channel north of D Street; 2. Restoration of water and sewer services; 3. Re-installation of underground utilities; 4. Soil compaction; 5. Placement of pavers in the alley from D Street to the Historic Arkansas River Project channel north of D Street; and 6. Replacement of asphalt pavement in the alley from B Street to D Street. Placing pavers in the Union-Victoria Avenue Pedestrian Mall following completion of the sanitary sewer replacement project shall end the obligation of the City of Pueblo Wastewater Department to the Union-Victoria Avenue Pedestrian Mall Project. The City of Pueblo Wastewater Department shall have no further responsibility for or participation in construction costs, maintenance costs, or any other costs or activities following completion of the sanitary sewer replacement project. SECTION 3. The sum of $50,000 from the Urban Renewal Authority of Pueblo shall be placed into Project No. 13-019 (WWAN01) for the purpose of placing pavers in the Union- Victoria Avenue Pedestrian Mall following completion of the sanitary sewer replacement project. SECTION 4. The sum of $16,000 is hereby appropriated from the Sewer User Fund to Project No. 13-019 (WWAN01) for use in placing pavers in the Union-Victoria Avenue Pedestrian Mall following completion of the sanitary sewer replacement project. SECTION 5. The President of the City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. SECTION 6. Funds for work performed under this agreement shall be from the Sewer User Fund Project No. WWAN01. SECTION 7. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to effectuate the transactions described therein. SECTION 8. This Ordinance shall become effective immediately upon passage and approval. INTRODUCED: _ April 14, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: April 28, 2014 City Clerk’s Office Item # R-3 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: April 14, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Gene Michael, Wastewater Director SUBJECT: AN ORDINANCE APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE URBAN RENEWAL AUTHORITY OF PUEBLO, COLORADO FOR THE UNION AVENUE RENOVATION PROJECT, APPROPRIATING AN ADDITIONAL SUM OF $66,000 FROM THE SEWER USER FUND FOR THE UNION-VICTORIA AVENUE SANITARY SEWER REPLACEMENT PROJECT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is an Ordinance accepting a construction and maintenance agreement between the City and the Pueblo Urban Renewal Authority, accepting an amount of $50,000 from the Urban Renewal Authority of Pueblo to be used toward the Union Avenue Renovation Project, and appropriating an additional $16,000 from the Sewer User Fund, for a total appropriation of $66,000, for installation of pavers in the alley between Union Avenue and Victoria Avenue, from D Street to the Historic Arkansas River Project channel. PREVIOUS COUNCIL ACTION: On March 24, 2004, by Ordinance No 7113, as modified by Ordinance No. 7186, the City approved the urban renewal plan (the “Plan”) for the Pueblo Expanded Urban Renewal Project, which Plan is being carried out by the Authority in accordance with the provisions of the Colorado Urban Renewal Law (the “Act”). BACKGROUND: In the early 1900’s a sanitary sewer main made of vitrified clay pipe was placed in the alley between Union Avenue and Victoria Avenue, from B Street to the Historic Arkansas River Project channel north of D Street. The sanitary sewer is broken in multiple locations and is in need of replacement. The Urban Renewal Authority of Pueblo (PURA) has plans to renovate the alley in accordance with the Urban Renewal Plan, turning it into a pedestrian mall. The Wastewater Department is replacing the sanitary sewer in advance of PURA’s renovation project in order to avoid disturbing the renovation project at a later date. The PURA project involves placement of pavers within the alley for aesthetic purposes. In order to optimize efficiency between the two projects, the PURA desires to transfer $50,000 to the Wastewater Department so the Wastewater Department can have the pavers installed as part of its sanitary sewer replacement project. FINANCIAL IMPLICATIONS: The cost of placing pavers as part of the Wastewater Department’s sanitary sewer replacement will increase the original cost of the sanitary sewer replacement project by $16,000, in addition to the $50,000 received from the PURA. The amended project will have funding not to exceed $103,484.20. BOARD/COMMISSION RECOMMENDATION: The PURA Board of Directors favors this ordinance. STAKEHOLDER PROCESS: None. ALTERNATIVES: In the no-action alternative, the existing sanitary and storm sewer mains would continue in service until a failure occurs. The Wastewater Department could perform its sanitary sewer replacement project, leaving the alley unpaved until the PURA project begins, or paving the alley with asphalt that the PURA project would have to remove later. The PURA has determined that it does not have sufficient funding to proceed with its alley renovation project at this time without participation by other entities, and the need to remove asphalt paving at a later date would add to PURA’s cost for completing the project. Leaving the alley unpaved until funding to complete the project becomes available may lead to unacceptable conditions in the alley and could damage underground utilities. RECOMMENDATION: The office of the City Clerk and the Ordinance Review Committee recommends approval of this Ordinance. PROPOSED MOTION: This Ordinance will be placed on the consent agenda for first reading at the April 14, 2014 Pueblo City Council meeting, with the public hearing set for the April 28, 2014 City Council meeting. Attachments: Construction and Maintenance Agreement between the City of Pueblo and the Urban Renewal Authority of Pueblo CONSTRUCTION AND MAINTENANCE AGREEMENT 1.0 PARTIES. This Construction and Maintenance Agreement (the "Agreement ") is made and entered into as of April 28, 2014, by and between the CITY OF PUEBLO, a Municipal Corporation (the "City ") and the PUEBLO URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the "Authority "). The City and Authority are sometimes referred to herein collectively as the "Parties" and each individually as a "Party." 2.0 RECITALS. The following recitals are incorporated into and made a part of this Agreement. 2.1 Urban Renewal Plan. On March 24, 2004, by Ordinance No 7113, as modified by Ordinance No. 7186, the City approved the urban renewal plan (the "Plan ") for the Pueblo Expanded Urban Renewal Project, which Plan is being carried out by the Authority in accordance with the provisions of the Colorado Urban Renewal Law (the "Act "). 2.2 2014 Alley Improvements. In furtherance and implementation of the Plan, the Parties desire to improve the alley located south of the HARP channel and north of D Street between Union Avenue and Victoria Avenue, by installing a new brick paver surface in the course of a scheduled replacement of an aged sanitary sewer line, and to increase the utility of the alleyway environment to pedestrian traffic (the "2014 Alley Improvements "). 2.3 Authorization. Sections 18(2)(a) and (2)(b) of Article XIV of the Colorado Constitution, section 29 -1 -203, C.R.S. (2010), and section 31 -25 -112 of the Act authorize the Parties to contract and cooperate in the design, construction and sharing of costs of the 2014 Alley Improvements in accordance with the terms of this Agreement. 3.0 AGREEMENT. In consideration of the recitals and the mutual covenants set forth below, the Parties agree as set forth below. 4.0 SCOPE OF SERVICES. The Parties have agreed on a scope of services and a budget (the "Scope of Services ") required for design and construction of the 2014 Alleyway Improvements to be completed in 2014, primarily consisting of the installation of brick pavers. A copy of the Scope of Services, marked as Exhibit A, is attached hereto and is incorporated herein by this reference. 5.0 DUTIES OF THE CITY. The City shall install the brick pavers as part of its contract for the sewer line replacement, and pay a funding shortfall estimated to be $16,000 from funds available from its Wastewater Enterprise. The City agrees to complete the Alley Improvements in accordance with the Scope of Services. All work shall be undertaken in accordance with all applicable City requirements. 6.0 DUTIES OF THE AUTHORITY. The Authority shall be responsible for the design and engineering of those elements of the 2014 Alley Improvements consisting of installation of the brick pavers. After the Parties agree upon the paver installation plans, the Executive Director of the Authority and the Authority's engineer shall be permitted to observe the installation of the brick pavers at reasonable times during construction to determine compliance with the Scope of Services. The Authority and the Authority's engineer shall not have any duties or responsibility to supervise or direct any of the work. The Authority's design engineer shall consult and assist the City and City's contractor with the installation of the brick pavers. 7.0 COST SHARING. Upon completion of construction of the Alley Improvements in accordance with the Scope of Services, the City shall deliver a detailed certificate the actual costs of the Alley Improvements. Provided that the actual costs of the Alley Improvements are equal to or exceed $50,000, the Authority shall within 15 days thereafter make payment of $50,000 to the City Wastewater Enterprise. The City Wastewater Enterprise shall be responsible for payment of additional costs of the Alley Improvements up to an additional amount of $16,000.00. 8.0 MAINTENANCE. The City's construction obligations under this Agreement are limited to the installation of a new brick paver surface in the course of a scheduled replacement of an aged sanitary sewer line. The City, through its Public Works Department, shall be responsible for maintenance of the paved surface after installation, including all costs associated with maintenance of the 2014 Alley Improvements. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth below: if to City: City Manager, City of Pueblo, 200 S. Main Street, Pueblo, CO, 81003; with a copy to: City Attorney, 1 City Hall Place, 3r Floor, Pueblo, CO, 81003; if to Authority: John R. Batey, Executive Director, Pueblo Urban Renewal Authority, 115 E. Riverwalk, Pueblo, CO 81003 with a copy to: Paul Benedetti, Esq., 2730 Iliff Street, Boulder, CO 80305; or at such other address as may hereafter be furnished in writing to the other Party. Such notice shall be deemed to have been given if hand delivered, or when deposited, delivery or postage charges prepaid, with an overnight courier service or by certified mail with the United Stated Postal Service. 9.2 Delays. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, that are beyond the control of such Party. 2 9.3 Default. Time is of the essence, subject to Section 9.2, above. If any condition, obligation, or duty is not timely made, tendered, or performed by either Party, then this Agreement, at the option of the Party who is not in default, may be terminated by the non - defaulting Party, in which case, the non - defaulting Party may seek the equitable remedies of specific performance or injunction, in addition to the recovery of money damages. 9.4 Section Captions. The captions of the Sections are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 9.5 Additional Documents or Action. The Parties agree to execute any additional documents or take any additional action that is reasonably necessary to carry out this Agreement. 9.6 Integration and Amendment. This Agreement represents the entire agreement between the Parties with respect to the subject matter and there are no oral or collateral agreements or understandings with respect to the subject matter. This Agreement may be amended only by an instrument in writing signed by the Parties. 9.7 Waiver of Breach. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 9.8 Governing Law; Attorney Fees; Venue. This Agreement shall be governed by the laws of the State of Colorado. In the event of any litigation arising under this Agreement, the court shall award to the prevailing party its costs together with all reasonable and out -of- pocket expenses of any kind relating to the litigation including, but not limited to, reasonable attorney fees. Venue for any such litigation shall be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of Pueblo, State of Colorado, and each party submits to the jurisdiction of such District Court. To the extent allowed by law, each party waives its right to a jury trial. 9.9 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective legal representatives, successors, heirs, and assigns, provided that nothing in this Section shall be construed to permit the assignment of this Agreement. 9.10 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 9.11 No Third -party Beneficiaries. This Agreement is intended to describe the rights and responsibilities only as to the Parties hereto. This Agreement is not intended and shall not be deemed to confer any rights on any person or entity not named as a Party hereto. 9.12 No Presumption. The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. 3 Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 9.13 Severability. If any provision of this Agreement as applied to any Party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstances or the validity, or enforceability of the Agreement as a whole. 9.14 Minor Changes. The Parties executing this Agreement are authorized to make non - substantive corrections to this Agreement and attached exhibits, if any, as the Parties mutually consider necessary. 9.15 Good Faith of Parties. In the performance of this Agreement or in considering any requested approval, acceptance, or extension of time, the Parties agree that each will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably withhold, condition, or delay any approval, acceptance, or extension of time required or requested pursuant to this Agreement. 9.16 Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and no combination of Parties shall be deemed to be partners or joint venturers, and no combination of Parties shall be responsible for any debt or liability of any other Party. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS 4 IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto in their respective names as of the date first above written. CITY: PUEBLO, A MUNICIPAL CORPORATION ATTEST: BY: lib / /A! _4 - . CA% 'resident of the City C'f fiff City '`-rk AUTHORITY: PUEBO URBAN RENEWAL AUTHORITY T _ BY: Aiki AO. C . it r . etary 5