HomeMy WebLinkAbout6176RESOLUTION NO. 6176
A RESOLUTION APPROVING AN AGREEMENT WITH
ARMCO, INC. CONCERNING WARRANTY REPAIR WORK
AND AUTHORIZING EXECUTION THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The Settlement Agreement dated March 31 , 1988, attached
hereto as Exhibit 1, by and between the City of Pueblo, a
Municipal Corporation and Armco, Inc., on Ohio Corporation,
having been approved as to form by the City Attorney, is hereby
approved and the President of the City Council is authorized and
directed to execute the Agreement for and on behalf of the City
and the City Clerk is directed to affix the seal of the City
thereto and attest to same.
INTRODUCED: April 25 , 1988
By PITKE SALARDINO
Councilman
ATTEST: APPROVED:
C' Clerk Pre ident of the City Council
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made and entered into this
31st day of March, 1988 by and between City of Pueblo, a municipal
corporation ( "City") and Armco Inc., an Ohio corporation ( "Armco ").
WHEREAS, Armco was the manufacturer of certain aluminized steel
pipe ( "Pipe ") installed pursuant to a contract between City and Pascal
Construction Co., as Contractor for S &G Project No. 7201 -408 CBD Storm
Sewer Separation System Phase B ( "Project ");
WHEREAS, Armco and City entered into an agreement dated July 13,
1981 which provided a procedure for Pipe repairs in the event corrosion or
deterioration of Pipe required such repairs or replacement; and
WHEREAS, City and Armco are desirous of cooperating in certain
necessary repair work of Pipe ( "Repair Work").
NOW, THEREFORE, in consideration of the mutual premises set
forth herein the parties agree:
1. City will retain a consulting engineer satisfactory to City to
prepare plans, specifications and contract documents and provide
construction supervision for the necessary repair of Pipe.
2. Armco's consultant, Mr. C. E. Morris, will provide suggested
invert paving details for consideration and evaluation by City's consulting
engineer.
3. Prior to the retention of any consultant or the performance of
any Repair Work by City, Armco shall have the right to review and approve
the scope of services, work or materials and costs as described in the
proposals, plans, specifications and all contract documents to be entered into
by City with consulting engineers, contractors and suppliers in connection
with Repair Work. Armco's approval of proposals, plans, specifications and
contracts shall not be deemed an approval of the adequacy of the design or
Repair Work. Armco shall have absolute discretion in granting such
approvals. Except for the reimbursement obligation as provided in
Paragraph 4 hereof, Armco assumes no liability whatsoever to any party for
the plans, specifications, contract documents, services, work or materials
related to Repair Work.
4. Upon the approval by Armco of the scope of consultant work
and costs referred to in Paragraph 3, the City may contract for such work
and incur costs. After approval by Armco of the scope of the plans,
specifications and contract documents for the Repair Work and costs for
same, City may similarly contract for the Repair Work and incur costs of
same.
Periodically, but not more frequently than monthly, the City
shall submit to Armco requests for reimbursement and approved costs
incurred and paid by the City. Reimbursement of such periodic requests
shall be made by Armco within 30 days of the date of request. After final
completion of all approved Repair Work and submittal of a request for final
reimbursement, Armco shall pay to City the balance of all approved costs
incurred.
5. Upon completion of agreed Repair Work and final
reimbursement by Armco in accordance with Paragraph 4 hereof, City will
execute and deliver to Armco a General Release identical to Exhibit A
attached hereto.
6. The parties acknowledge that by the execution of this
Agreement or the performance of obligations thereunder, neither party
admits any liability with respect to Project, Repair Work, Pipe or the
Agreement dated July 13, 1981 between Armco and City.
IN WITNESS WHEREOF, the parties affix their hands and seals as of
the date and year above written.
(SEAL) By:
Approved as to form:
CITY OF PUEBLO, A MUNICIPAL
CORPORATION
B
sident of City Council
r" Cit y
•,'
GENERAL RELEASE , �J9 �jr
The City of Pueblo, Colorado ( "City "), for and in considera-
tion of the full and faithful performance of Armco's obligations
under a certain Settlement Agreement dated March 31, 1988 by and
between City and Armco Inc. which full and faithful performance is
hereby acknowledged has remised, released and forever discharged
and by these presents does for it, its administrators, successors
and assigns, remise, release and forever discharge the said Armco
Inc., Contech Construction Products Inc., their subsidiaries and
affiliates, their officers, directors, employees, agents, succes-
sors and assigns ( "Releasees ") of and from all, and all manner of
action and actions, cause and causes of action, suits, debts,
dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, warranty, controversies,
agreements, promises, variances, trespasses, damages, judgments,
executions, claims and demands whatsoever, in law, or in equity,
which against the said Releasees, the undersigned City ever had,
now has or which its administrators, successors and assigns
hereafter can, shall or may have for, upon or by reason of
obligations under the Settlement Agreement dated March 31, 1988,
the Agreement dated July 13, 1981 by and between Armco Inc. and
City or Armco - supplied Pipe described therein and any related
matter, cause or thing whatsoever from the beginning of the world
to the day of the date of these presents.
This release may not be changed orally.
IN WITNESS WHEREOF, this General Release is executed in
multiple original copies this 13th day of April, 1989.
ATTEST:- CITY OF PUEBLO, COLORADO
( By dt4�
C y Clerk City Manager
[S E A L)
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
Subscribed and sworn to before me this 13th day of April,
1989 by Lewis A. Quigley , the City Manap_er
of the City of Pueblo, Colorado on behalf of City.
My commission expires: August 18, 1991.
[S. E_ A L]
Notary Public
EXHIBIT A
GENERAL RELEASE
The City of Pueblo, Colorado ( "City"), for and in consideration of the full and
faithful performance of Armco's obligations under a certain Settlement Agreement dated
March , 1988 by and between City and Armco Inc. which full and faithful
performance is hereby acknowledged has remised, released and forever discharged and by
these presents does for it, its administrators, successors and assigns, remise, release and
forever discharge the said Armco Inc., Contech Construction Products Inc., their
subsidiaries and affiliates, their officers, directors, employees, agents, successors and
assigns ( "Releasees ") of and from all, and all manner of action and actions, cause and
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, warranty, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever,
in law, or in equity, which against the said Releasees, the undersigned City ever had, now
has or which its administrators, successors and assigns hereafter can, shall or may have
for, upon or by reason of obligations under the Settlement Agreement dated March ,
1988, the Agreement dated July 13, 1981 by and between Armco Inc. and City or Armco-
supplied Pipe described therein and any related matter, cause or thing whatsoever from the
beginning of the world to the day of the date of these presents.
This release may not be changed orally.
IN WITNESS WHEREOF, this General Release is executed this day of
March, 1988.
ATTEST: CITY OF PUEBLO, COLORADO
BY:
Authorized Representative
(SEAL)
State of )
County of )
Signed and acknowledged before me this day of March, 1988 by
, the of the City of
Pueblo, Colorado on behalf of City.
Notary Public
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Lewis Quigley, City Manager
FROM: Thomas J. Florczak, Assistant City Attorney,
DATE: April 11, 1989 l)))
RE: CBD Separation Project, Phase B
As you may recall, Phase B of the downtown sewer separation
project was constructed during 1980, and shortly thereafter, the
pipe supplied by Armco was observed rusting. On July 31, 1981,
Council approved an agreement with Armco, whereby the parties
agreed to keep an eye on the pipe's condition and Armco would
warrant the pipe for 10 years. In 1987 it became apparent that
repairs would be necessary and Armco and the City eventually
reached agreement concerning the repairs to be performed, which
was approved by City Council on April 25, 1988.
According to Tom Cvar, Armco has performed its obligations under
the second agreement, reimbursing the City for the full cost of
engineering and construction of the pipe repairs. It is therefore
appropriate for the enclosed release to be executed.
Please execute all three of the enclosed copies and transmit one
copy to Marian Mead for filing with Resolution No. 6176, one copy
to Tom Cvar, and one to me for transmittal to Armco's attorney.
Thank you for your attention to this matter.
TJF /jp
Enclosures
�CQ
City of Pueblo
THOMAS E. JAGGER
City Attorney
127 West, First National Bank Bldg.
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Members of the City Council and the City Manager
FROM: Thomas J. Florczak, Assistant City Attorney
DATE: April 11, 1988
RE: Phase B - Central Business District Sewer Separation
Armco Pipe
The enclosed resolution approves an Agreement with Armco, Inc.,
the manufacturer of aluminized corrugated storm sewer pipe used in
the Central Business District Sewer Separation in 1980. During
the one year warranty inspection, rust was discovered which caused
the City concern about the long -term integrity of the pipe. In
July of 1981 the City and Armco entered an agreement extending the
warranty for 10 years and providing for periodic inspection to
evaluate its deterioration and degree of repairs which would be
necessary. The public works department and Armco have subsequent-
ly reached agreement, in principal, as to the nature of required
repair work. The enclosed agreement, therefore, provides for
Armco to reimburse the City for the actual reasonable engineering
and construction expenses in effecting the repairs. At the
conclusion of the repair work, all further responsibility of Armco
for the pipe will cease and the release, attached to the enclosed
Agreement, will be executed.
Please note that Exhibit A to the Agreement is not to be signed at
this time.
TJF /jp
xc: (w /encls)
Tom Cvar