Loading...
HomeMy WebLinkAbout6329RESOLUTION NO 6329 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE BESSEMER IRRIGATING DITCH COMPANY RELATING TO THE LINING OF THE BESSEMER DITCH BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Agreement between the City and The Bessemer Irrigating Ditch Company dated February 13, 1989 relating to the lining of the Bessemer ditch, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2_ The President of the city Council is hereby 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 same. ATTEST: Cit, Clerk � INTRODUCED February 13, 1989 By SAMUEL CORSENTINO Councilman APPROVED: President of the City Council AGREEMENT This Agreement dated February 13, 1989 between Pueblo, a Municipal Corporation, called Pueblo, and The Bessemer Irrigating Ditch Company, called Bessemer: 1. Bessemer is entering into an Agreement with the United States Bureau of Reclamation to line approximately 11,000 feet of The Bessemer Ditch, which Agreement is substantially in the form of the Agreement attached hereto and made a part hereof. 2. The Agreement provides that the Bureau will furnish 78% of the $1,500,000.00 budgeted cost of the project and that the non - federal funding sources shall contribute 22 %. 3. The non - federal funding sources are Pueblo and Bessemer. In consideration of the premises and the mutual promises of the parties, it is agreed: Pueblo and Bessemer will each furnish 11% of the budgeted cost of the project in cash or in kind. Pueblo's contribution will consist of cash payable 1/3 in 1989, 1/3 in 1990, and the balance in 1991, with the first two payments to be $55,000.00 each, and the last payment to be the remainder of the 11% of the cost of the project, but not to exceed $55,000.00. Bessemer shall perform the work described in the attached Agreement in accordance with its terms and conditions and Bessemer shall indemnify and hold Pueblo harmless from any and all losses, damages, or liability on account of personal injury, death, or property damage or claim for personal injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the activities of Bessemer, its employees, subcontractors, or agents under the attached Agreement. PUEBLO, A MUNICIPAL CORPORATION ATTEST: C, i ae 'y City C erk THE BESSEMER IRRIGATING COMPANY __. ` MB -202 (11/87) UNITED STATES DEPARTMENT OF THE INTERIOR GRANT /COOPERATIVE AGREEMENT Agreement No. y - -60 -00800 Modification No. Agreenlent Period From: Article I 10 See Article IV 1. Project Title: Bessemer Ditch Lining 2. AUTHORITY: Public Law 100 -516 amending Public Law 9'! 3. Requesting Agency Name and Address: 4. Servicing Agency Name and Address: (Include Zip Code) (Include Zip Code) U. S. Bureau of Reclamation Bessemer Ditch Company Great Plains Region 711 Thatcher Building P. 0. Box 36900 Pueblo, Colorado 81003 Billings, MT 5910 -6900 5. Requesting Agency: Program Director(s) Name, Address (Include Zip Code), and Telephone Number: See Article IX, 1 6. Servicing Agency: Principal Investigator(s) or Program irector(s) Name, Address (Include Zip Code), and Telephone Number: See Article IX, 2 7. Accounting and Appropriation Data: 18. Funding Sources: 9. Remarks: Federal funding will be accomplished over a three -year period: FY 89, 9.0 and.91. Source Reclamation Bessemer TOTAL Fundi Amount $ 1 ,170 ,000 $ 330,000 10. Amount Obligated by this Action: 11. Submit Vouchers to Block: 12. Requesting Agency Acceptance (Signature) Date Name Title Phone No. (Include Area Code): 13. Servicing Agency Acceptance I Name (Signature) (Date) I Title Phone No. (Include Area Code): Cooperative Agreement for Lining of the Bessemer Ditch Table of Contents Article No Title Page IBackground and Purpose . . . . . . . . . . . . . . . . . 1 I Objectives and Authority . . . . . . . . . . . . . . . . 2 I I Assignment of Work . . . . . . . . . . . . . . . . . . . 2 III Terms and Conditions . . . . . . . . . . . . . . . . 4 IV Term Period of Agreement . . . . . . . . . . . . . . . . 4 V Funding and Limitations . . . . . . . . . . . . . . . . 5 VI Ownership and Maintenance . . . . . . . . . . . . . . . 6 VII Indemnification . . . . . . . . . . . . . . . . . . . . 7 VIII Provisions . . . . . . . . . . . . . . . . . . . . . . . 7 IX Key Personnel . . . . . . . . . . . . . . . . . . . . . 7 Cooperative Agreement No. 9 -FC -60 -00800 COOPERATIVE AGREEMENT BETWEEN UNITED STATES BUREAU OF RECLAMATION AND THE BESSEMER DITCH COMPANY FOR LINING OF THE BESSEMER DITCH, PUEBLO, COLORADO This agreement dated this day of , 1988, between the United States Bureau of Reclamation, hereinafter referred to as "Reclamation ", and the Bessemer Ditch Company, hereinafter referred to as "Company ". Article I. Background, Purpose, Objectives, and Authority 1. Background The Bessemer Ditch was built in 1883 to irrigate farmlands in the Arkansas River Valley of Colorado. From the headworks at Pueblo Dam, the Bessemer Ditch extended approximately 38 miles in an easterly direction along the south side of the river valley, terminating at the Huerfano River. About 10 miles of the ditch now passes through residential areas in the city of Pueblo. Prior to the construction and operation of the Pueblo Dam and Reservoir, the water of the Bessemer Ditch diverted from the Arkansas River contained sediment or silt naturally found in the Arkansas River. Silt carried by water line the canal and thus reduce seepage. Since completion of the Pueblo Dam, the water the Bessemer Ditch has received from the diversion outlet in the dam has been clear, silt -free water. This eli- mination of the water's silt content has increased seepage from the ditch, causing damage to business and residential properties adjacent to the Bessemer Ditch within the city of Pueblo. In 1980, Public Law 96 -309 was passed authorizing construction of gunite lining on approximately 11,000 feet of the Bessemer Ditch within the city of Pueblo. The work was completed in March of 1982. On October 24, 1988, Public Law 100 -516 was passed, amending Public Law 96 -309 authorizing the construction of another 11,000 feet of gunite lining for the Bessemer Ditch within the city of Pueblo. 2. Purpose The purpose of this agreement is to provide a means to install lining in certain unlined reaches of the Bessemer Ditch in the city of Pueblo, in accordance with the amendment to Public Law 96 -309. -1- 3. Ob jectives The Company and Reclamation are entering into this agreement to document the nature, scope, and funding the lining of the Bessemer Ditch. The agreement identifies and assigns items of work, sets the term of the agreement defines cost sharing provisions and details both specific and general provisions. 4. Authority Reclamation has authority to enter into this agreement through the following: a. Act of August 16, 1962 (76 Stat. 389) b. Act of July 9, 1980 (94 Stat. 940) Public Law 96 -309 c. Act of October 24, 1988 Public Law 100 -516 Article II. Ass of Work Reclamation and the Company agree to the assignment of work as outlined below. Reclamation will: 1. Review plans and approve specifications and construction estimates. All reviews will be done within 30 days of submittal. 2. Review and approve the Company's plan for construction management and construction quality control of the work. 3. Have the right to inspect the work at any time during its progress and to make final inspection upon completion thereof, for the purpose of determining whether the work hereunder has been carried out in accordance with this agreement. It is estimated that final inspection and acceptance of services called for hereunder will be accomplished within 30 calendar days after comple- tion of the agreement. 4. Request appropriation of funds to cover the Federal share of the work. The Company will: 1. Identify reaches of the Bessemer Ditch to be lined. 2. Perform construction through the use of force accounts and /or contracting in accordance with specifications and drawings. 3. With some minor modifications, utilize existing designs, specifications, and drawings for the gunite lining. -2- 4. Provide adequate construction management to ensure force account and contract work will be performed in accordance with the plans and specifications and in accord with sound engineering practice. 5. Obtain Reclamation's concurrence with its construction management plan prior to advertisement for bids or initiation of construction. 6. Furnish Reclamation four sets of plans, specifications, and construction estimates for approval for each construction contract. Contracts will not be advertised for bid prior to Reclamation approval. Force account construction will not commence until Reclamation approves Company's plans and specifications. 7. Obtain Reclamation concurrence in award of contracts and award contracts according to drawings specifications and Office of Management and Budget (OMB) Circular 102. 8. Obtain necessary permits. 9. Construct the lining only during non - irrigation season when the ditch is not in use and will complete construction before the start of the 1991 irrigation season. Article III. Terms and Conditions 1. The lining constructed hereunder shall be the property of the Company, and Reclamation shall not be responsible for the design, construction, or main- tenance thereof. 2. Reclamation neither has nor claims any ownership, responsibility, liability or interest in any of the work provided under this agreement by the Contractor. The Secretary of the Interior has been authorised by Public Law 100 -516 of the 100th Congress to design and construct a gunite lining on approximately 11,000 feet of the Bessemer Ditch to prevent or reduce seepage damage on adjacent pro- perties. Nothing in this agreement or in the Act of Congress shall be construed in any administrative or judicial proceeding as establishing Congressional acquiesence or approval of any theory of Federal liability for damages or as establishing a precedent for Federal liability or responsibility in any situation similar to that addressed in this agreement or in Public Law 100 -516. 3. If so desired by the Company and approved by Reclamation, any of the construction work to be performed by the Company may be accomplished by contracts made by, and in the name of the Company, award being made through open competitive bidding to the qualified, responsive, responsible, lowest bidder acceptable to the Company and Reclamation. Review by Reclamation will be in a timely manner to allow the Company to make award within 10 days. Contractors not eligible to contracts with Reclamation because of non - compliance with -3- Federal laws will not be eligible for work covered by this agreement. A11 architectural and engineering and construction contracts to be executed by the Company shall contain a completion date which shall be approved by Reclamation prior to issuance of request for proposals or specifications: Provided That the Company shall not award or execute any contracts or execute any changes thereto for work provided herein, for which payment will be required, without the written approval of Reclamation. Architectural and engineering contracts shall be negotiated in accordance with Brook's Bill procedures (Public Law 92 -582). Article IV. Term Period of Aqreement This agreement becomes effective on the date of execution and remains in effect until April 1, 1991. This agreement may, upon mutual grant be renewed for an additional one -year period after review by the Company and Reclamation. Review will be initiated by Reclamation 90 days prior to expiration of this agreement. Modifications must be agreed upon and renewal executed by the expiration date. If it is necessary to lengthen the irrigation season, thus reducing the time when the ditch is not in use and available for construction activities, this will constitute an excusable delay in completion of the construction. Article V. Fundinq and Limitations 1. Budget /Cost Sharing. The total budget for this agreement is $1,500,000. The Federal share of the costs is $1,170,000 (based on August 1988 prices) plus or minus such amounts, if any, as may be justified by reason of changes in construction cost indices applicable to the type of construction involved. The non - Federal interests shall contribute an amount equal to 22 percentum of the total cost of the design and construction. The non - Federal contribution may include cash and in -kind contributions. Total Dollars $1,500,000 Federal Dollars $1,170,000 Non - Federal Dollars $330,000 Total Non - Federal Percentage 2. Costs. 22% The Company shall provide all the personnel services, equipment, materials, engineering, and supervision necessary to design and construct the gunite lining on the Bessemer Ditch, it will be necessary for the Company to keep account of those costs which will be submitted monthly to Reclamation for reimbursement. -4- Reclamation's obligation to reimburse the Company for its costs incurred shall be limited to the Company's direct costs and other costs as herein defined. Direct costs shall consist of capital expenditures such as labor, materials, contracts, equipment, and other charges for capital improvements. Equipment rates will be determined by the use of the U. S. Corps of Engineers Construction Equipment Ownership and Operating Expense Schedule or documented costs. Other allowable costs may include direct charges for personnel compensation and related expenses incurred in the performance of the agreement, such as field investigations, preconstruction surveys, designs, drawings, specifications, construction estimates, construction supervision, and contract administration. All such costs must be determined to be allowable and acceptable under the prin- ciples contained in the Office of Management and Budget (OMB) Circular No. A -87. Reimbursement for work under this agreement is subject to the appropriation of funds by Congress. The Company may, at its own risk, start construction prior to the signing of this agreement and such allowable cost associated with construction will be considered construction cost and creditable for cost - sharing purposes. The Company shall not be reimbursed for any interest for work performed under this subarticle or any other work performed under this agreement. 3. Payments. Reimbursement to the Company will be based upon cost incurred by the Company and subject to verification of work progress by Reclamation. In requesting progress payments, the Company shall furnish the Government a cer- tified statement in triplicate whereon reference is made to this agreement, showing itemized costs incurred by the Company to a specified date and for which the Company has not previously requested payment. The Company shall provide adequate evidence in support of payments to contrac- tors of subcontractors to show that expenses were actually incurred and property allocated to the contracts or subcontracts. The Company shall provide in all contracts and subcontracts that records in support of payments shall be retained for a period of three (3) years, unless otherwise provided under this agreement. Requests for payments made to contractors and subcontractors by the Company shall be certified as correct by the Company and processed for payment in the same manner as requests for payments for work performed by the Company. -5- The Company shall bill for reimbursement monthly in accordance with the terms of this agreement. In accordance with the cost sharing provisions of this agreement, the agreed upon cost sharing cash or in -kind contribution percen- tage, as specified herein, shall be applied to those billings to determine the amount payable. In the event Reclamation accumulates any allowable costs which are properly chargeable to this project, these costs shall be deducted from the amount payable to arrive at the net payment. An explanation and calculation of any such deductions shall be furnished to the Company. Upon completion and acceptance of all work to be performed hereunder, submission of a release of claims (Form DI -137), confirmation of items of expense presented, and receipt of a certified cost statement whereon reference is made to this agreement covering the final payment period, Reclamation will, after verifying all of the costs incurred in the performance of the work, pay to the Company the amount of such statement to the extent that the total of such statement does not exceed funding, as provided in the authorizing legislature. All original time- cards or payrolls, contract payments, material records, and accounts shall be maintained by the Company for a period of three (3) years after the final payment voucher unless otherwise provided under this agreement. Should the agreement be completed and the final rate result in having made over- payments to the Company, a billing will be prepared by the Reclamation for the appropriate amount. Such billing shall be paid within thirty (30) days. The Company assumes all risk in proceeding prior to signing of the agreement and prior to the appropriation of funds for the lining project by Congress. If Federal appropriations are not made for this program, Reclamation shall have no obligation to compensate the Company for such expenditures. 4. In -Kind Contributions. The Company may provide their contributions in the form of acceptable in -kind contributions. The non -cash contributions may be in the form of engineering, construction mana- gement, labor, supplies, materials, and /or equipment that is directly related to the construction of Bessemer Ditch lining. All non -cash contributions will be evaluated by Reclamation for acceptability according to OMB Circular A -102. Article VI. Ownership an Maintenance The lining constructed hereunder shall be the property of the Company, and the Government shall not be responsible for the design, construction, or maintenance thereof. VII. Indemnification The Company shall indemnify and hold Reclamation harmless from any and all losses, damages, or liability on account of personal injury, death, or property damage or claim for personal injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the activities of the Company, its employees, subcontractors, or agents under this agreement. VIII. Provisions The parties agree to execute this agreement in accordance with the following pertinent rules and regulations, which are incorporated as part of this agreement by reference, and Reclamation's General Provisions, attached hereto and made part of this agreement: 1. OMB Circular No. A -87 (Cost Principles for State and Local Governments). 2. OMB Circular No. A -102 (Revised) (Uniform Administrative Requirements for State and Local Governments). 3. OMB Circular No. A -128 (Audits of State and Local Governments). Article IX. Key Personnel 1. Reclamation Chief, Pueblo Field Division Bureau of Reclamation Eastern Colorado Projects Office 219 West 5th Pueblo, Colorado 81003 Telephone: (719) 544 -8171 2. Company President, Bessemer Ditch Company 711 Thatcher Building Pueblo, Colorado 81003 Telephone: (719) 544 -8584 -7-