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HomeMy WebLinkAbout8046RESOLUTION NO. 8046 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND WESTERN ENVIRONMENTAL ANALYSTS, FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE CITY OF PUEBLO AMMONIA MODEL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 An Agreement dated January 29, 1997, a copy of which is on file at the office of the City Clerk, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and Western Environmental Analysts, is hereby approved. SECTION 2 Funds for said professional services shall be paid from Account No. 014 -0400- 435- 000 - 030 -0020. SECTION 3 The President of the City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED February 10 1 1997 By charl_ea Jones Councilperson APPROVED: &b6 Pregident of the Council ATTEST: City Clerk AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 2- day of 1997, by and between the City of Pueblo, a Municipal Corporation ( "Client ") and Western Environment Analysts a Colorado Corporation ( "WEA "), for WEA to render professional services for Client with respect to modeling the Arkansas River for ammonia and related ancillary services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL SCOPE OF SERVICES (a) WEA shall satisfactorily perform the professional services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the `Basic Services "). Such services shall include all usual and customary professional planning services including any required reports, drafting or design services incident to its work on the Project. (b) To the extent WEA performs any of the Project work through subcontractors, WEA shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors as it is for services performed directly by WEA. SECTION 2. WEA'S RESPONSIBILITIES (a) WEA shall be responsible for the professional quality, technical accuracy and timely completion of WEA's work, including that performed by WEA's consultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) WEA shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by WEA's negligent act or omission; except that WEA hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirements to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) WEA shall be completely responsible for the safety of WEA's employees in the execution of work under this agreement and shall provide all necessary safety and protective equipment for said employees. (d) WEA acknowledges that time is of the essence with respect to the completion of its services under this Agreement. WEA proposes to accomplish its work in accordance with he Client's Wastewater discharge permit and as determined by the Colorado Department of Public Health and Environment. Except to the extent the parties agree to time extensions for delays beyond the control of WEA, WEA shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for final completion of Project work. WEA further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. (e) Before undertaking any work or incurring any expense which WEA considers beyond or addition to the Scope of Work described in Schedule 1 or other wise contemplated by the terms of this Agreement, WEA shall advise Client in writing that (i) WEA considers the work beyond the scope of this agreement, (ii) the reasons that WEA believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. WEA shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated. -1- SECTION 3. FEES FOR SERVICES. PAYMENT. (a) Client will pay to WEA as full compensation for all services required to be performed by WEA under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $89,800,00 computed as set forth in Schedule 1. (b) WEA shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay WEA for the amount of the application within 40 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall be paid to WEA for services required and expenditures incurred in correcting WEA's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, WEA acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES (a) Client agrees to advise WEA regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which WEA may reasonably require. (b) Client shall designate a Project Representative to whom all communications from WEA shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy, nor to contract for additions or obligations exceeding a value which is the lesser of $5,000 or 5% of the maximum contract price. (c) Client shall examine all documents presented by WEA and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawing, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve WEA of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by WEA is not within the custody or control of Client but must be procured from others. -2- SECTION 5. TERMINATION. (a) Client reserves the right to terminate this Agreement and WEA's performance hereunder, at any time upon written notice, either for cause or convenience. Upon such termination, WEA and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents and materials as WEA may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons no the fault of WEA, WEA shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable cots incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to WEA or Client. In no event shall payment to WEA upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this agreement of WEA's services if for breach of this Agreement by WEA or for other fault of WEA including but not limited to any failure to timely proceed with work , or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, WEA's entire right to compensations shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) WEA's professional responsibility for its completed work and services shall survive any termination. SECTION 6. RESERVED SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by WEA hereunder shall become the sole property of Client, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable time to inspect and make copies of all note, designs, drawings, specifications, and all other technical date or other documents pertaining to the work to be performed under this Agreement. In no event shall WEA publish work product developed pursuant to this Agreement except (i) with advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. SECTION 8. INSURANCE AND INDEMNITY (a) WEA agrees that it shall procure and will maintain during the term of this agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages becuase of personal injury including bodily injury, sickness or disease or dath of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which WEA shall obtain and keep in force is as follows: (i) Worker's Compensations Insurance complying with statutory requirments in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. -3- (c) WEA agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of WEA, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that WEA is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent WEA performs any Project activities through subconsultants or subcontractors, WEA shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) WEA shall indemnify and defend client from all claims and demands for payment for services provided by subcontractors of WEA. (c) WEA acknowledges that due to the nature of the services to be provided under this Agreement, the Client had substantial interest in the personnel and consultants to whom WEA assigns principal responsibility for services performer) under this Agreement. Consequently, WEA represents that is has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. WEA shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. WEA shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. RESERVED. SECTION 11. MISCELLANEOUS (a) Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either WEA or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to Client, Attention: City of Pueblo -Wastewater Dept., 211 East "D" St. Pueblo, CO. 81003 or to WEA at Western Environmental Analysts, 2525 Arapahoe Ave. E4 -282 Boulder, Colorado 80302 Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire A Ueement This instrument contains the entire agreement between WEA and client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or WEA in relation thereto not expressly set forth in this instrument and its attachments is null and void. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to WEA may be assigned by it without the written consent of the Client. (d) Amendments No amendments to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of WEA and by Client in accordance with the requirements of Section 4 (b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. -4- (f) Equal Employment Optunity por In connection with the performance of this Agreement, neither WEA nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. WEA shall endeavor to insure that applicants are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. IN WITNESS WIJEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUN ICIPAL CORPORATION By & A / cl.. a. K/�L.l President of th City C uncil Attest: City Clerk Western Environmental Analysts By: �e� �A /l Name: L✓ t�� u `e �"� / t .t:w� S �►! Title: `�r� s Balance of Appropriation Exists for this Contract and Funds are Available: Director of an Approved as to Form: �--- City Attorney -5- Schedule 1 (Basic Services) Pueblo Permit Renewal Project Scope of Work The following scope of work is intended to provide sufficient information for full calibration of the Colorado Ammonia Model as it applies to the wastewater discharge of the City of Pueblo into the Arkansas River. Factors to be taken into account include diel variation in pH and temperature, length of mixing zone, pH and temperature rebound, nitrification, seepage contributions, and possible monthly differences in appropriate permit values for total ammonia. Ancillary tasks included in the project include analysis of existing users data on 24 -hr variation, collection of field data on length of the mixing zone, analysis of low flows with all water sources including seepage, collection of field data pertinent to nitrification rates, collection of hardness data for possible future use in permitting on metals, and establishment of information on total dissolved solids (salinity) for future use by the City in relation to concerns outside the NPDES process. 1) Synoptic sampling. Synoptic sampling will be conducted once every three months for a period of four years. Variables to be analyzed include pH, temperature, total ammonia, nitrate, and hardness. The sampling schedule will be advanced by one month each year for the first three years so that all months will be covered. In the last year, the four most critical months will be sampled for a second time. Synoptic sampling will cover 10 stations, as follows: Fountain Creek above the confluence with the Arkansas, Arkansas above the confluence with Fountain Creek, Pueblo WWTP discharge, Arkansas at Station at 23rd Lane (CS -10) below discharge, CF &I discharge, Arkansas River near 28th Lane (CS -17), Arkansas River at 2 Highway 233, Arkansas River at 231, Arkansas River at Sixmile Road, Arkansas River at Avondale. Where the sampling site shows incomplete mixing, samples will be flow- integrated. The purpose of the synoptic sampling is to establish a basis for calibration of the Colorado Ammonia Model. The spread of sampling over 4 years and different months of the year will provide information on a range of seasonal and flow conditions, as necessary for calibration of the model. Cost: $11,500 /yr, 4 years total $46,000. 2) 24 -hr studies. The Colorado Ammonia Model requires information on 24 -hr variation in pH and temperature. This information can be based either on default values in the model or on field data. The United States Geological Survey has been collecting 24 -hr data on pH and temperature by use of recording equipment at Avondale gage. These records can be accessed through USGS and can be incorporated into the modeling effort. The site is ideally located for determination of setpoint information as intended for 24 -hr studies of this type. Therefore, there is no justification for the collection of additional 24 -hr data. Cost: None. 3) Mixing zone study. The length of the mixing zone below the Pueblo Wastewater Treatment Plant discharge will be studied by collection of cross - sectional data at a minimum of 7 stations below the Pueblo Wastewater Treatment Plant discharge, plus sampling of sources (4) that contribute to mixing. The determination will be of mixing rate on the basis of specific conductance. If specific conductance proves unfeasible as a mixing indicator, another conservative indicator (e.g., chloride concentration) will be used in the determination. Mixing zone studies will be performed once 3 per year with a rotation of months across years to achieve coverage of all seasons. Cost: $2550/yr, 4 years, Total$10,200. 4) Salinity study. taken for study conductance. TI Pueblo WWTP lab laboratory will scope of work. For each synoptic study, samples of water will be of the relationship between salinity and specific zese samples will be turned over to the City of for analysis. The data produced by the Pueblo WWTP be analyzed at the end of four years as part of the No cost. 5) Modeling permit limits. The Colorado Ammonia Model, as calibrated with the information described above, will be used in projecting appropriate permit limits for total ammonia from the Pueblo Wastewater Treatment Plant. The model will also be calibrated for prediction of hardness under low -flow conditions in the event that this information should be needed for future permits. Permit limits for ammonia will be proposed on a month -by -month basis. Cost: $8400 /yr, 4 years, Total $33,600. 6) Reporting. All of the information described above will be prepared in report form with full explanation of methods, data analysis, and conclusions. The report will be suitable for direct submission to the State of Colorado Department of Public Health and Environment as part of permit renewal. Cost: Included in #5. 7) Coordination with the State. The above - described plan will be coordinated with the State of Colorado Department of Public Health and Environment in advance of any data collection so that the City of Pueblo will receive as much assurance as possible that the plan 4 meets the needs of the State in preparing the next permit for the City. Cost: none. 8) Time schedule. Project will begin on 1 January 1997. It will terminate on 31 December 2000. The activities of the project will be spread evenly over this 4 -year interval. Total all costs:$22,450 /yr, 4years total $89,800. cu U O c� 0 0 U U 0 LO N O � O C7 Cf) W U N N W T 'R O j U ro ds O o� m Q J 's Fountain cf. 0 N c13 Z CL Cn cc a� cr- 0 0 a� i Schedule 2 Month Task 1 Task 3 Task 5 Tot January $958.33 $212.50 $700.00 $1 February $958.33 $212.50 $700.00 $1,870.83 March $95833 $212.50 $700.00 $1,870.83 April $958.33 $212.50 $700.00 $1,870.83 May $958.33 $212.50 $700.00 $1,870.83 June $958.33 $212.50 $700.00 $1,870.83 July $958.33 $212.50 $700.00 $1 August $958.33 $212.50 $700.00 $1,870.83 September $958.33 $212.50 $700.00 $1,870.83 October $958.33 $212.50 $700.00 $1 November $958.33 $212.50 $700.00 $1,870.83 December $958.37 $212.50 $700.00 $1,870.87 Total $11,500 $2,550 $8,400 $22,450 The above monthly amounts will be paid upon completion of each task for the month, beginning January 1, 1997 and ending December 31, 2001. If a task(s) has not been completed for the given month, no payment will be made. The individual tasks are described in more detail in Schedule 1. The amounts shown include, but are not limited to, hourly rates, profit, overhead, travel, per diem and any other costs incidental to the task and project. Tasks 2, 4, 6 and 7 are at no charge in accordance with the provisions of Schedule 1.