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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