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HomeMy WebLinkAbout6553RESOLUTION NO. 6553 A RESOLUTION RATIFYING THE REJECTION OF DEFECTIVE FILTER MEDIA AND APPROVING AGREEMENTS WITH AMERICAN SURFPAC CORPORATION AND SPACCAMONTI EXCAVATING, INC., AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME that: BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, SECTION 1. The City Council finds that the trickling filter media installed pursuant to MCI Constructors, Inc.'s contract with the City of Pueblo for Project No. 84 -40 has been rejected by the Engineer and City as defective and that rejection is hereby approved and ratified. SECTION 2. The Agreement between Spaccamonti Excavating, Inc. and the City of Pueblo dated May 14, 1990 for the removal and disposal of defective and rejected filter media, a true copy of which is on file in the office of the City Clerk, having been approved as to form by the City Attorney, be and hereby is approved. SECTION 3. The Agreement between American Surfpac Corporation and the City of Pueblo dated April 30, 1990 for the manufacture and installation of new filter media complying with specifications, a true copy of which is on file in the office of the City Clerk, having been approved as to form by the City Attorney, be and hereby is approved. SECTION 4. The President of the City Council is authorized and directed to execute the Agreements referred to in Sections 2 and 3 hereof for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED May 14, 1990 By HOWARD WHITLOCK Councilperson ATTEST: APPROVED: C ty Clerk Vice resident of the Uty Council -2- AGREEMENT FOR REPLACEMENT OF DEFECTIVE FILTE MEDIA - HIGH RATE TRICKLING FILTER THIS AGREEMENT made this 30th day of April, 1990, by and between Pueblo, a municipal corporation, hereinafter referred to as "City ", and American Surfpac Corporation, hereinafter referred to as "Repair Contractor." WHEREAS, City has heretofore entered a contract with MCI Constructors, Inc. ( "MCI ") for the construction of Project No. 84 -40, Wastewater Treatment Plant in accordance with certain contract documents, specifications and plans; and WHEREAS, certain materials supplied and work performed by MCI on that portion of the project known as the High Rate Trickling Filter Media ( "media ") has been determined to be defective by the Engineer and the Construction Manager (herein "defective work ") and has been rejected but MCI has, despite demands to correct said work, failed or refused to remedy such defective work and replace said defective media and the City has exercised its right to take over such repair and hold MCI liable for the costs thereof; and WHEREAS, Repair Contractor is willing to perform the repair of the defective work by replacing the defective media with media complying with specifications for such compensation as is set forth below; and WHEREAS, time is of the essence in performing the repair work; NOW, THEREFORE, in consideration of the foregoing and the terms and conditions set forth hereinbelow, the parties agree as follows: 1. Repair Contractor shall supply media and install same in the manner provided by the attached specifications in an expedi- tious manner. The work shall be in accordance with the specifica- tions and contract drawings and addenda for Project No. 84 -40 except as otherwise indicated by the City, Construction Manager or Engineer. Work to be performed is scheduled to begin July 1, 1990 and installation of new media shall be completed not later than September 1, 1990, unless otherwise directed in writing. Repair Contractor shall also provide and furnish media tests to be performed by an approved independent testing laboratory. 2. With respect to the repair work and completion work to be performed hereunder by Repair Contractor, all terms and requirements of the contract documents, addenda and plans for Project No. 84 -40, except to the extent inconsistent with this Agreement, shall be made a part hereof, and Repair Contractor acknowledges having received a complete copy of such contract documents and plans- Repair Contractor's proposal dated April 12, 1990 is a part of this agreement. 3. City shall pay to Repair Contractor $662,333.00 for the manufacture, supply and installation of vertical plastic media for the High Rate Trickling Filter at the City's wastewater treatment plant. City shall also reimburse repair contractor an amount not to exceed the sum of $13,247.00 for performance and payment bond premiums. Repair Contractor shall keep good and accurate records of all costs and information which shall be open upon request to inspection by representatives of City and U.S. EPA. 4. The provisions of the Davis -Bacon Act, 40 U.S.C. §276a, et seq. are applicable to the work under this Agreement, with the prevailing wage determinations appertaining at the time of execu- tion of this Agreement being the wage rates applicable. 5. Repair Contractor performs the work under this Agreement as an independent contractor and not as an employee of City. Repair Contractor shall be solely responsible for payment and supervision of its own personnel. 6. Before commencing any work hereunder, Repair Contractor shall have procured and in force, and maintain during the period of performance of work hereunder: Workmen's Compensation Insurance covering himself and his employees which meets the requirements of the Colorado Workmen's Compensation Act, as amended; comprehensive general liability and insurance with coverage of at least $150,000 per person and $400,000 per occurrence for both property damage and personal injury, including death; and vehicle and automotive public liability and property damage insurance, including all required Colorado "no fault" provisions, with coverage of at least $150,000 per person and $400,000 per occurrence or accident for both property damage and personal injury, including death. 7. Repair Contractor shall indemnify, defend and save harmless the City, its officers, agents and employees from all suits, actions, and claims of any character brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any conduct or act of Repair Contractor, his agents and employees, in performance of this Agreement. 8. Repair Contractor shall employ only skilled competent workmen in the conduct of work and operation of any vehicles and equipment under this Agreement. 9. All vehicles and equipment shall be operated in a safe manner and equipped with operating safety equipment required by Federal, State and local laws and regulations and in accordance with the safety provisions of the Manual of Accident Prevention in Construction, to the extent applicable. 10. Repair Contractor shall correct, at its own expense, any work performed by Repair Contractor which is determined by Engineer to be defective. -2- 11. Repair Contractor shall promptly complete and furnish all assurances and certifications required by law and the contract documents for Project 84 -40 which may be applicable to the work of Repair Contractor. Dated this 20th day of ,Tune , 1990. REPAIR CONTRACTOR: AMERICAN SURFPAC CORPORATION ATTEST: By jd it e:Administr tive Assistant Title: Fin ManaM CITY OF PUEBLO ATTEST: J BY TF 38.21 -3-