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HomeMy WebLinkAbout7741RESOLUTION NO. 7741 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO AND THE STATE OF COLORADO, DEPARTMENT OF TRANSPORTATION RELATING TO THE REMOVAL OF THE BOOTH - ORCHARD IRRIGATION STRUCTURE IN CONNECTION WITH THE REPLACEMENT OF THE SOUTH MAIN STREET BRIDGE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract between the City of Pueblo and State of Colorado, Department of Transportation, identified as Contract No. MP 227A -001, Removal of Booth - Orchard Irrigation Structure, a copy of which is attached hereto and made a part hereof, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to sign and deliver the Contract in the name of the City of Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The total cost of the removal of the Booth - Orchard irrigation structure and work to be performed under the Contract is $57,500 and reimbursement of such funds by the State of Colorado shall be credited to account No. 044 - 1994 - 100 - 000 - 040 -0085. SECTION 4. The City Council hereby finds and determines that the cost and expense of the removal of the Booth - Orchard irrigation structure and work to be performed under the Contract are integral and related parts of the replacement of the South Main Street Bridge project and all revenue and spending with respect to the removal of Booth - Orchard irrigation structure are included within the revenue and spending increases for the replacement of the South Main Street Bridge project approved by the voters at the municipal election held November 2, 1993. i SEAL1, INTRODUCED November 13, 1995 By Al Gurule Councilperson ATTEST: APP Dn VED: City Clerlb President of t e City Council TV - V71 MP 227A -001 REMOVAL OF BOOTHE- ORCHARD IRRIGATION STRUCTURE (Region 2 - SAR) CONTRACT THIS CONTRACT, made this 1Tt-1 day of DE MBEY , 19 by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "the State" or "CDOT, and THE CITY OF PUEBLO, COLORADO, hereinafter referred to as "the City WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund No. 400, Organization No. 2400, Appropriation Code 010, Program 3000, Function 2200, Object 3127 -7 (N), Originating Unit 2400, Project No. 10657, Phase B [00], (Total contract encumbrance amount FIFTY -SEVEN THOUSAND AND FIVE HUNDRED DOLLARS EXACTLY ($57,500.00)), WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Boothe - Orchard irrigation structure, hereinafter referred to as "the Structure ", lies beneath the State's bridge on S.H. 227 over the Arkansas River; and WHEREAS, the Structure has suffered severe undercutting which, in turn, has resulted in severe scour and erosion of the river bottom near two piers supporting the State's bridge and continued scouring and erosion is jeopardizing the foundations of the State's bridge; and WHEREAS, time is of the essence and the State and the City desire to enter into an agreement for the removal of the Structure as specifically described in Exhibit A (Scope of Work) attached to the Basic Contract, hereinafter referred to as "the Work "; and WHEREAS, this contract is executed by the State under authority of § §29 -1 -203, 43- 2- 101(4)(c) and 43 -2 -144, C.R.S., as amended; and WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this project; and WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete portions of the work; and WHEREAS, the State certifies that such work can be more advantageously performed by the Local Agency. NOW, THEREFORE, it is hereby agreed that: SECTION 1. SCOPE OF WORK The City shall perform or contract for the completion of the services as specifically described in Exhibit A (Scope of Work), attached hereto and incorporated in the terms and conditions of this agreement by this reference, hereinafter referred to as "the Work ". The City shall perform the Work in accordance with directions and authorizations by CDOT's \P representative, pursuant to the provisions of this contract. SECTION 2. TOTAL FIXED COMPENSATION A. For the required Work described hereinbefore, CDOT agrees to pay the City and the City agrees to accept a total fixed compensation in the amount of FIFTY - SEVEN THOUSAND AND FIVE HUNDRED DOLLARS EXACTLY ($57,500.00) in accordance with the provisions of this Section. This amount will not be exceeded without benefit of a fully executed written supplemental contract. C. Reimbursement from the State to the City for the total actual cost of the Work shall be in one lump sum payment. Said payment shall be made within thirty (30) calendar days after the State's receipt of a certified billing from the City detailing the Work accomplished, the costs incurred during the course of the Work, and certifying that the Work has been fully completed in accord with this contract. D. The City shall deduct all appropriate withholding from payments made to its employees. SECTION 3. FUNDING The maximum cost to CDOT for the performance of the Work authorized under this contract shall not exceed FIFTY -SEVEN \P THOUSAND AND FIVE HUNDRED DOLLARS EXACTLY ($57,500.00) except by a written supplemental agreement, fully executed pursuant to State Fiscal Rules. SECTION 4. NOTICES All communications relating to day to day activities for the Work shall be exchanged between the City's and CDOT's Project Managers. The City's Project Manager is Tom Cvar, Director of Public Works (719) 543 -2860. CDOT's Project Manager is Bill Rizley, CDOT Resident Engineer (719) 546 -5439. All other notices and communications in writing required or permitted hereunder shall be deemed to have been given when delivered personally to the respective representatives of CDOT and the City, set forth below, or when deposited in the United States Mail, properly addressed and with first class postage fully prepaid. Until changed by notice in writing, all such notices and communications shall be addressed as follows: If to CDOT: Bill Rizley CDOT Resident Engineer 905 Erie Avenue Pueblo, CO 81001 If to the City: Tom Cvar Director of Public Works City of Pueblo 211 East "D" Street Pueblo, CO 81003 \P SECTION 5. CONFLICTS Should a conflict occur between the provisions of this agreement proper and Exhibit A or the attachment hereto, the priority to be used to resolve such conflict shall be as follows: (a) State Special Provisions attached to this contract; then (b) This Agreement Proper; then (c) Exhibit A (Scope of Work). SECTION 6. TERM OF AGREEMENT The term of this agreement shall begin on the date of State Controller Approval ( "the Effective Date "), as evidenced by the date first written above and shall extend to the date which is three months from the date of payment for the Work unless earlier terminated, or extended by a fully executed written supplemental contract. SECTION 7. SPECIAL PROVISIONS The "Special Provisions" and Exhibit A (Scope of Work) attached hereto are incorporated into the terms and conditions of this agreement by this reference. SECTION 8. ENTIRE UNDERSTANDING This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental agreement executed and approved pursuant to the State Fiscal Rules. \P SECTION 9. SEVERABILITY To the extent that this agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. SECTION 10. SIGNATURE AUTHORITY The City represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this agreement on behalf of the City and to bind the City to its terms. SECTION 11. TERMINATION This Contract may be terminated as follows: (1) Termination for Cause If, through any cause, the Vendor fails to fulfill in a timely and proper manner all obligations under this contract, or if the Vendor violates any of the covenants, agreements, or stipulations under this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Vendor of such Termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material \P prepared by the Vendor under this contract shall, at the option of the State, become its property, and the vendor shall be entitled to receive just and equitable compensation for any satisfactory services completed on such documents and other materials. Notwithstanding the above, the Vendor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the vendor, and the State may withhold any payments to the Vendor for the purpose of setoff until such time as the exact amount of damages due the State from the Vendor is determined. (2) Termination for Convenience The State may cancel upon thirty (30) day written notice to the vendor. The State shall effect such termination by giving written notice of the termination to the vendor and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in the previous paragraph shall, at the option of the State, become its property. If the contract is terminated by the State as provided herein, the Vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Vendor covered by this contract, less payments of compensation previously made; provided, however, that is less than sixty percent (600) of the services covered by this contract have been performed upon the effective date of such termination, the Vendor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this contract) incurred by the Vendor during the \P contract period which are directly attributable to the - incomplete portion of the services covered by this contract. If this contract is terminated due to the fault of the Vendor the previous paragraph shall apply. (3) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with State funds for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation arising under this contract are contingent upon availability of such State funds. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. (4) (a) The Contractor shall not engage the services of any person or persons then in the employ of the State for services covered by the terms of this contract without the written consent of the State. (b) It is the intent hereunder to secure the personal services of the Contractor, in manner aforesaid, and this contract shall not be assigned, sublet, or transferred, in whole or in part, without the consent, in writing, of the State. 1©' IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year first above written. ATTEST: STATE OF COLORADO ROY ROMER, GOVERNOR � 1 BY A �G hief lerk CLIFFORD W. HALL Stat Controlle 1 By ATTEST: By P-L Title C y Clerk By r— V ecutive Director DEPARTMENT OF TRANSPORTATION APPROVED: GALE A. NORTON Attorney ral By BARRY B. RYAN Assistant Attorney General Natural Resources Section CITY OF PUEBLO, COLORADO By Title President of the Council FEIN # sq- ( Liu EXHIBIT A SCOPE OF WORK FOR MP 227A -001 This work consists of the complete removal and disposal of the existing Boothe - Orchard Irrigation structure. This structure lies within the Arkansas River beneath State Highway 227. The structure is composed of concrete slabs approximately 5 inches thick along it top and bottom decks and its sides, and supported by railroad rail (approximately 100 pounds per yard) utilized as vertical piling driven into the streambed. The southern portion of the structure shall be removed from mid river to the south bank. The northern portion of the structure within the river shall be removed. The City, through it agent (Contractor) shall raze, remove, and dispose of the structure in its entirety: The concrete portions shall be broken into pieces and removed from the site except that any cavities left be the removal may be filled with pieces of concrete broken small enough to allow complete filling. The railroad rail piles shall be removed by pulling or breaking at streambed level and shall be disposed of offsite.