HomeMy WebLinkAbout7415RESOLUTION NO. 7415
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA, ACTING BY AND
THROUGH THE SECRETARY OF THE ARMY, AND PUEBLO,
A MUNICIPAL CORPORATION, FOR THE ELSON BRIDGE
PROJECT AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement dated June 27, 1994, between the United States
of America, acting by and through the Secretary of the Army, and
Pueblo, a municipal corporation, a copy of which is attached hereto
relating to the relocation of the Elson Bridge by the United States
Army, having been approved as to form by the City Attorney, is
hereby approved. The President of the City Council is authorized to
execute 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
Funds for said agreement shall be paid from Account No.
145 - 1993 - 100 - 000 - 040 -8818.
INTRODUCED: JUNE 27, 1994
BY: FAY KASTELIC
COUNCIL PERSON
ATTESTED BY APPROVED:
CITY CLERK P SIDENT O THE CITY COUNCIL
DEPARTMENT OF THE ARMY
Headquarters, 52d Engineer Combat Battalion (Heavy)
Fort Carson, Colorado 80913 -5000
MEMORANDUM OF AGREEMENT
BETWEEN
52D ENGINEER COMBAT BATTALION (HEAVY) AND THE CITY OF PUEBLO
SUBJECT: Agreement Between 52d Engineer Combat Battalion (Heavy)
and the City of Pueblo for an " Elson Bridge Relocation" Project
1. THIS AGREEMENT is entered into this e3rd day of Tyne, , 199 ,
between the United States of America, acting by and through the
Secretary of the Army (hereinafter referred to as "the Army ") and
the City of Pueblo, a Municipal Corporation ( "the City ").
2. PURPOSE To define in writing, the responsibilities of the
individual parties involved in the joint effort to relocate the
Elson Bridge.
3. AGREEMENT
a. The Army will provide through Headquarters, Fort Carson
and the 4th Infantry Division (Mech), 52d Engineer Combat
Battalion (Heavy) at Army's expense, all labor, equipment, and
technical expertise necessary to (1) construct a non - standard
fixed bridge in the City of Pueblo, and (2) complete construction
of the project insofar as time, weather, and availability of
materials permit, subject to the following provisions:
(1) The Army will provide a Liaison on site during the
dismantling of the bridge to assist in the marking of individual
components.
(2) The Army will provide a detailed inventory list to
the City of all missing or damaged bridge components which will
be necessary for City to fabricate or purchase.
(3) The Army will provide for hauling the bridge
components from the designated storage site to the erection site.
(4) The Army will execute all construction in accordance
with sound engineering practices and design specifications as
prepared by Range Engineering Inc.. The Army will errect the
bridge at the proposed site in its entirety to include wood
decking and necessary safety fencing.
MEMORANDUM OF AGREEMENT
BETWEEN
52D ENGINEER COMBAT BATTALION (HEAVY) AND THE CITY OF PUEBLO
SUBJECT: Agreement Between 52d Engineer Combat Battalion (Heavy)
and the City of Pueblo for an " Elson Bridge Relocation" Project
(5) The Army will coordinate its activities with the
City of Pueblo for the duration of the project, with regard to
such matters as traffic control, rental equipment, and standards
of construction.
(6) The Army will provide a Construction Bill of
Materials, fuel requirements, and delivery schedule of all
materials and rental items to the City of Pueblo in sufficient
time for corresponding purchases and deliveries.
(7) The Army shall not be responsible for the
maintenance and repair of bridge or surrounding areas after the
completion of the project.
b. The City of Pueblo will provide, at its own expense, all
construction materials and personnel to support the Army, to
construct a non - standard fixed bridge in the City of Pueblo,
subject to the following provisions:
(1) The City will designate one person to represent the
City of Pueblo as a Liaison to the 52d Engineer Combat Battalion
(Heavy) to act as a Project Manager, and, unless the designated
Liaison is qualified to do so, will furnish a Technical Expert
and Quality Assurance Supervisor.
(2) The City will provide for the dismantling and
storage of the Elson Bridge until transport to the new site.
(3) The City will provide for the construction of both
abutments, utilizing a bearing connection of the bridge to the
abutment.
(4) The City will provide all necessary construction
permits and rental equipment as needed and requested by the Army.
(5) The City will provide for all traffic control during
the period of construction.
(6) The City will provide all fuel and petroleum
products for the 52d Engineer Combat Battalion (Heavy) equipment
used on the project. Prior to commencement of construction, Army
will provide City with an estimate of the types and quantities of
fuel which will be required.
-2-
MEMORANDUM OF AGREEMENT
BETWEEN
52D ENGINEER COMBAT BATTALION (HEAVY) AND THE CITY OF PUEBLO
SUBJECT: Agreement Between 52d Engineer Combat Battalion (Heavy)
and the City of Pueblo for an "Elson Bridge Relocation" Project
(7) The City will provide for the lodging of all 52d
Engineer Combat Battalion (Heavy) soldiers for the duration of
the project in clean, secure facilities with hot and cold potable
water, and heat. All means will be provided by the City of
Pueblo.
(8) The City will provide a cellular phone or active
phone line for communication purposes and possible emergency
situations.
(9) The City will provide electrical service on site
which is capable of supplying four 15 Amp 120 volt outlets.
(10) The City will maintain and repair the bridge and
surrounding areas after the completion of the project.
(11) The City will provide a written noncompetition
statement to the Army certifying that the City of Pueblo has
contacted at least three potential civilian commercial sources,
notifying them of all supplies and services being provided by the
Army, and verified that these sources and are unable to provide
the same.
c. Costs and Compensation
(1) Continuing -type costs of the Army resources developed
specifically for military purposes, such as regular pay and
allowances, which would have existed had the Army not
participated in the project, do not require reimbursement by the
City.
(2) Other than as specified in this Agreement, no
gratuity or payment will be provided by the City, its officers,
agents, and employees to any Army person providing the requested
service.
(3) The City will provide reimbursement to the Army for
all additional costs resulting from Army support under this
Agreement which are not directly attributable to the normal
training function of the Army. The normal training function, and
costs attributable thereto, will be determined by the Army.
-3-
MEMORANDUM OF AGREEMENT
BETWEEN
52D ENGINEER COMBAT BATTALION (HEAVY) AND THE CITY OF PUEBLO
SUBJECT: Agreement Between 52d Engineer Combat Battalion (Heavy)
and the City of Pueblo for an "Elson Bridge Relocation" Project
d. Liability
(1) Performance of this Agreement is subject to the needs
of the Army and may be cancelled by the Army at any time, for any
reason, and at the sole discretion of the Army without consequent
liability for the cancellation.
(2) The parties understand and agree that the provisions
of support and performance of this Agreement by the Army for this
project are official actions and that the Army may be liable,
under the Federal Tort Claims Act, only for damage or injuries
caused by the negligence of the Army, its officials, agents, and
employees acting within the scope of their official duties.
(3) However, during the time the requested support is
being provided, the Army, its officers, agents and employees, or
members providing support will be considered as authorized
volunteers of the City of Pueblo, and the acts and omissions of
such authorized volunteers in furtherance of this Agreement will
be attributed solely to the City of Pueblo.
(4) The City shall maintain General Liability insurance
that will provide coverage for the project and for the acts and
omissions of the Army authorized volunteers to insure against
liabilities for which immunity has been waived and the expense of
defending claims pursuant to the provisions of the Colorado
Governmental Immunity Act. Nothing in this paragraph is
intended, nor shall it be construed, to grant to or create any
rights for the benefit of any third party.
(5) The City agrees to reimburse the Army for any and all
damage to the Army property and equipment caused or contributed
to by the City, its officers, agents and employees during the
performance of this Agreement and preparation for, or conduct of,
the activity which is the purposes of this Agreement.
(6) The City will obtain, at its expense, all necessary
permits, give all necessary notices, pay all applicable fees, and
will inform the Army of, and comply with, all municipal, state,
and federal laws, rules, ordinances, and regulations applicable
to the project which is the purpose of this Agreement.
-4-
MEMORANDUM OF AGREEMENT
BETWEEN
52D ENGINEER COMBAT BATTALION (HEAVY) AND THE CITY OF PUEBLO
SUBJECT: Agreement Between 52d Engineer Combat Battalion (Heavy)
and the City of Pueblo for an "Elson Bridge Relocation" Project
The City further agrees to provide all information needed and
required by the Army to provide the support requested by the City
of Pueblo, and to comply with all applicable Army regulations
promulgated by the 52d Engineer Combat Battalion (Heavy), the
Commander, Fort Carson and 4th Infantry Division (Mech), or
higher authority provided same are provided to the City prior to
commencement of work hereunder.
(7) The City agrees to immediately notify the Army of any
reports of injury or civilian property damage allegedly caused by
volunteer military or civilian personnel and to fully cooperate
with the Army on investigating and resolving such allegations.
Full cooperation includes, but is not limited to, prompt
notification within 72 hours and furnishing a copy of all
statements and reports to the Officer of the Staff Judge
Advocate, ATTN: Claims Judge Advocate, Building 6285,
Headquarters, Fort Carson and 4th Infantry Division (Mechanized),
Fort Carson, Colorado, 80913 -5003, Telephone: (719) 526 -1352.
4. AUTHORITY The persons whose signatures appear below certify
that they are duly authorized to enter into this Agreement as
agents for their respective parties.
5. EFFECTIVE DATE This Agreement shall be effective as of the
date first indicated above, when the Agreement has been signed by
the President of the City Council and City Clerk of the City of
Pueblo and approved by the Army approving authority designated by
the applicable Army regulation.
IN WITNESS WHEREOF, the parties whose signatures appear below
have caused this Agreement to be executed on the date first last
indicated above.
ATTEST:
C ty Clerk
APPROVED AS TO FORM:
City Attorne
CITY OF PUEBLO
A MUNI PAL CORPORAT ON
By
r dent 75TIre City Council
-5-
MEMORANDUM OF AGREEMENT
BETWEEN
52D ENGINEER COMBAT BATTALION (HEAVY) AND THE CITY OF PUEBLO
SUBJECT: Agreement Between 52d Engineer Combat Battalion (Heavy)
and the City of Pueblo for an "Elson Bridge Relocation" Project
UNITED STATES OF AMERICA
FOR THE SECRETARY OF THE ARMY
i
Bruce A. Berwick
Lieutenant Colonel, U.S. Army
Battalion Commander