HomeMy WebLinkAbout09087ORDINANCE NO. 9087
AN ORDINANCE APPROVING A DEMOLITION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE URBAN RENEWAL AUTHORITY OF
PUEBLO, COLORADO RELATING TO THE REGIONAL
TOURISM PROJECT AND AUTHORIZING THE PRESIDENT OF
THE COUNCIL TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Demolition Agreement dated January 23, 2017 between the City of Pueblo, a
Municipal Corporation and the Urban Renewal Authority of Pueblo, Colorado for demolishing the
City owned building located at 150 Central Main Street (the "Agreement"), 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 Agreement in the name of
the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 2.
The President of the City Council is hereby authorized to execute said Agreement on
behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the
City thereto and attest to the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Ordinance and the attached Agreement to effectuate the
transactions described therein.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: January 9, 2017
BY: Ed Brown
PASSED AND APPROVED: January 23, 2017
City Clerk’s Office Item # R-4
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
January 9, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING A DEMOLITION AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE URBAN
RENEWAL AUTHORITY OF PUEBLO, COLORADO RELATING TO THE
REGIONAL TOURISM PROJECT AND AUTHORIZING THE PRESIDENT OF
THE COUNCIL TO EXECUTE SAME
SUMMARY:
Attached for consideration is a demolition agreement between the City of Pueblo and the Urban
Renewal Authority of Pueblo (PURA) to demolish the City owned building at 150 Central Main
Street relating to expansion of the convention center exposition hall for the Regional Tourism
(RTA) project.
PREVIOUS COUNCIL ACTION:
City Council, Pueblo Urban Renewal Authority and the Historic Arkansas Riverwalk of Pueblo
Authority entered a Cooperation Agreement by Resolution No. 12602 on February 25, 2013
related to the planning, financing, designing, engineering, overseeing, managing, maintaining,
and operating the RTA project.
BACKGROUND:
Beginning in 2009, the Pueblo Urban Renewal Authority (the “Authority”) partnered with the City
of Pueblo, the Pueblo Chamber of Commerce, the Pueblo Economic Development Corporation,
the Historic Arkansas Riverwalk Authority and HARP Foundation, and other community partners
to develop plans and funding strategies for the Regional Tourism Project (the “Pueblo RTA
Project”). On June 13, 2011 City Council approved Resolution No. 12174 authorizing the
submittal of a proposal to the Colorado Office of Economic Development and International Trade
(OEDIT) for the dedication of specified state sales tax increment revenue authorized through
State of Colorado Regional Tourism Act (RTA) for the RTA Project (Project).
In September 2012, the Colorado Economic Development Commission (“CEDC”) voted to accept
the proposal from the City of Pueblo and authorize state sales tax increment to fund the RTA
Project.
The demolition of the 150 Central Main Street building is the first step in expansion of the
convention center exposition hall and the RTA Project. The City will work with the consultant in
preparing the demolition plans and specification. The City will also bid and oversee the demolition
work. PURA will contract and pay for the consultants and contractors necessary for the Project.
FINANCIAL IMPLICATIONS:
PURA will be responsible for executing all agreements and paying all associated costs relating to
the demolition of the building identified in said agreement. City staff time will be expended in
completing this Project.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
If the City Council does not approve this Ordinance, PURA will need to find other options in
completing the Project.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Demolition Agreement
DEMOLITION AGREEMENT
1.0 PARTIES. This Agreement (the "Agreement") is made and entered into as of January
23, 2017, 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 DEFINITIONS. Unless a contrary meaning is clearly stated, capitalized terms in this
Agreement shall be defined as follows. All references to section numbers mean section numbers
in this Agreement unless otherwise specified.
"Agreement" means this agreement as it may be amended or supplemented in writing.
"Authority" means the Party defined in Section 1.0, and its successors and assigns.
"City" means the Party defined in Section 1.0, and its successors and assigns.
"Project" means all of the work involved in demolishing the former Police Annex
Building located at 150 Central Main Street, Pueblo, CO 81003.
3.0 TERMS AND CONDITIONS. In consideration of the mutual covenants and promises of
the Parties contained herein, and other valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the Parties agree as set forth in this Agreement.
4.0 DEMOLITION SERVICES. The Parties agree to cooperate to demolish the former
Police Annex Building located at 150 Central Main Street, Pueblo, CO 81003 (the "Project") as
set forth in this Agreement.
5.0 DUTIES OF THE PARTIES. The Parties shall have the following functions, duties and
responsibilities under this Agreement.
5.1 Demolition Services. The City will engage the services of a competent
demolition contractor and such other consultants (collectively, the "Consultants") as it shall
deem necessary or desirable to perform the demolition services for the Project. The City shall
consult with and cooperate with the Authority and its Consultants in the design of the Project to
ensure orderly and efficient design and destruction procedures. As used herein, "design and
engineering services" means and includes designs, plans and specifications, documents, bidding,
and design consultant participation during the Project.
5.2 Design Engineering Services. During the design and engineering stage of the
Project, the City will consult with the Authority on the design and engineering of the Project.
The Project shall be designed and engineered in a manner consistent with any applicable federal
or state statutes pertaining to asbestos abatement and the disposition of other hazardous
materials. Prior to completion of final design and again prior to bid solicitation of any portion of
the Project, the City will submit the draft final design or draft bid documents, as applicable, to
the Authority for review and comment. Upon final approval by both parties, the City will bid the
project.
5.3 Bid Documents. The bid documents used for the Project, including general
provisions, special provisions, forms of contract, forms of bonds, and standard specifications
shall, to the extent feasible, and with appropriate modifications to be agreed upon by the
Authority and the City, be the City's standard forms therefor. The bid documents shall provide
that during the demolition phase of the Project, the Consultants may be consulted regarding
design intent, but that the Director of Public Works of the City shall be authorized on behalf of
the Parties to determine performance by the contractor and to reject defective or non-compliant
work.
5.4 Payment of Demolition Costs. The Authority shall promptly pay the costs of the
Project. Costs of the Project include, without limitation, design, bidding, demolition contract
payments, approved change orders, environmental investigation and mitigation, surveys and
studies, and soils and materials testing. The City shall be responsible for coordinating the
Project, performing demolition oversight, observation, approval of change orders and review and
approval of periodic payment requests to be submitted to the Authority. In the event that City
incurs any Project expenses prior to the effective date of this Agreement, Authority will
reimburse the City for same. Costs of the Project do not include time or materials or
Administrative Services furnished by the City or City employees or personnel.
5.5 Contract Administration. The City will coordinate with the environmental
consultant for all project oversight and final clearance as required by federal and state
requirements.
5.6 Services Excluded. The City's performance of the administrative services shall
not make the Authority responsible for superintendence of the demolition site conditions, safety,
safe practices or unsafe practices or conditions, operation, equipment, or personnel other than
employees of the Authority. The City's contractors shall, at all times, be responsible for
supervision of the contractor's work and be solely responsible for safety and for maintaining safe
practices and avoiding unsafe practices and conditions. The Authority shall not have authority or
responsibility to supervise, direct or control any contractor's work or contractor's means,
methods, techniques, sequences, or procedures of destruction.
6.0 PROJECT COORDINATION TEAM. To provide consistent and effective
communication, the City and the Authority, not later than thirty (30) days after the effective date
of this Agreement, shall each appoint named senior representatives to a Project Coordination
Team. Thereafter, the Project Coordination Team shall meet regularly until the completion of all
Project demolition work. The Executive Director of the Authority and a City employee
designated by the City Manager shall co-chair the Project Coordination Team.
6.1 Director of Public Works. Until all design and demolition work on the Project is
complete, the Director of Public Works of the City shall keep the Project Coordination Team
informed concerning the progress of the work on the Project, significant pending issues and
actions, and shall seek the views of the Project Coordination Team.
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6.2 Duties. The Project Coordination Team shall not have authority to modify or
waive any provisions of this Agreement, but it may offer recommendations to the Parties
regarding issues related to design; plans and specifications; scheduling; contract awards and
modifications; contract costs; final inspection and other related matters.
7.0 DISPUTE RESOLUTION. As a condition to a Party bringing any suit for breach of this
Agreement, that Party must first notify the other Party in writing of the nature of the purported
breach and seek in good faith to resolve dispute through negotiation. Except as provided in
Section 5.2, if the parties cannot resolve the dispute through negotiation, they may agree to a
mutually acceptable method of non-binding alternative dispute resolution with a qualified third
party acceptable to both Parties. The Parties shall each pay fifty percent (50%) of any costs for
the services provided by such third party as such costs are incurred. The existence of a dispute
shall not excuse the Parties from performance pursuant to this Agreement.
8.0 MISCELLANEOUS PROVISIONS.
8.1 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, overnight courier service, postage and fees prepaid,
addressed to the Party to whom such notice is to be given at the address set forth below:
If to the City: City Manager, City of Pueblo
I City Hall Place, 2nd Floor
Pueblo, CO, 81003;
with a copy to: City Attorney
1 City Hall Place
Pueblo, CO, 81003;
If to the Authority: Executive Director
Pueblo Urban Renewal Authority
115 E. Riverwalk
Pueblo, CO 81003
with a copy to: Douglas Piersel, Esq.
Mullans, Piersel & Reed, P.C.
1311 N. Greenwood Street
Pueblo, CO 81003;
or at such other address as may hereafter be furnished in writing to the other Party.
8.2 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.
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8.3 Default. Time is of the essence, subject to Section 8.2, 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. The Parties hereby waive any rights to money damages. No
commissioner, council member, official, employee, attorney, or agent of the Authority or the
City shall be personally liable under this Agreement.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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.
8.9 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.
8.10 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.
8.11 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.
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8.12 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.
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.
8.13 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.
8.14 Minor Changes. The Parties executing this Agreement are authorized to make
non-substantive corrections to this Agreement as the Parties mutually consider necessary.
8.15 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.
8.16 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 Party shall be responsible for any debt or liability of any other
Party.
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 CORP* AT a
ATTEST:
By: 111114 _
Presi s ent o the City Council -
Stephen G. Nawrocki
City Jerk -Gina Dutcher
AUTHORITY:
THE PUEBLO URBAN RENEWAL AUTHORITY
A
V By:
v,4 Chairman
mu
Secretary
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