HomeMy WebLinkAbout8708RESOLUTION NO. 8708
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND
THE RMH GROUP, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH
MECHANICAL, ELECTRICAL, AND STRUCTURAL MODIFICATIONS TO THE
WASTEWATER TREATMENT PLANT HVAC SYSTEMS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement dated May 5, 1999, a copy of which is attached hereto and made a part
hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a
Municipal Corporation, and The RMH Group, Inc., 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 May 24, 1999
BY Rich Golenda
} Councilperson
APPROVED:,
President of the Council
ATTEST:
Council Agenda
Title: A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE RMH
GROUP, INC., FOR PROFESSIONAL SERVICES
ASSOCIATED WITH MECHANICAL, ELECTRICAL
AND STRUCTURAL MODIFICATIONS TO THE
WASTEWATER TREATMENT PLANT HVAC
SYSTEMS
Department: WASTEWATER DEPARTMENT
ISSUE
Agenda Item # t
Date: MAY 24, 1999
Should the City of Pueblo enter into an agreement with The RMH Group, Inc., for
professional services associated with mechanical, electrical and structural modifications
to the wastewater treatment plant HVAC systems.
RECOMMENDATI
Approval of the Resolution.
BACKGROUND
The heating and ventilating systems in portions of the wastewater treatment plant need
to be updated and or replaced at this time. Also, the boiler system needs to be
expanded to improve the integrity of the system. The RMH Group will provide the City
with technical specifications and construction inspection for improvements to the
following buildings:
•Headworks Building
-Digester Building
-Solids Handling Building
FINANCIAL IMPACT
The cost will be approximately $110,170.00. Funds for the professional services will be
paid from the Wastewater Account 014 -0400- 435 - 000 -030 -0020.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 5th day of May, 1999, by and between the City of Pueblo, a
Municipal Corporation ( "Client ") and The RMH Group, Inc., a Colorado Corporation ( "RMH ), for RMH to render
professional services for Client with respect to mechanical, electrical and structural modifications to the wasetewater
treatetment plant HVAC system and related ancillary services, hereinafter referred to as the "Project." In consideration of
the mutual covenants hereinafter set forth, the parties agree as follows:
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(a) RMH shall satisfactorily perform the professional services for the Project described in more detail in
Schedule I 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 RMH performs any of the Project work through subcontractors, RMH 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 RMH.
(a) RMH shall be responsible for the professional quality, technical accuracy and timely completion of RMH's
work, including that performed by RMH's consultants and subcontractors, and including drawings, reports and other
services, irrespective of Client's approval of or acquiescence in same.
(b) RMH shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client
caused by RMH's negligent act or omission; except that RMH 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) RMH shall be completely responsible for the safety of RMH's employees in the execution of work under
this agreement and shall provide all necessary safety and protective equipment for said employees.
(d) RMH acknowledges that time is of the essence with respect to the completion of its services under this
Agreement. RMH shall perform its work in a timely manner so as not to delay Client's timetable for final completion of
Project work. RMH 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 RMH considers beyond or addition to the
Scope of Work described in Schedule 1 or other wise contemplated by the terms of this Agreement, RMH shall advise Client
in writing that (1) RMH considers the work beyond the scope of this agreement, (ii) the reasons that RMH believes the out
of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. RMH 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.
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SECTION 3. FEES FOR SERVICES. PAYMENT
(a) Client will pay to RMH as full compensation for all services required to be performed by RMH under this
Agreement, except for services for additional work or work beyond the scope of this Agreement, the lump sum of U.S.
$110,170 computed as set forth in Schedule 2.
(b) RMH shall submit periodic, but not more frequently than monthly, applications for payment, aggregating
to not more than the maximum amount set forth above, for the percent of professional services completed. Thereafter, Client
shall pay RMH for the amount of the application within 30 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 RMH for services required and expenditures incurred in correcting
RMH'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, RMH 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 RMH regarding Client's Project requirements and to provide all relevant
information, surveys, data and previous reports accessible to Client which RMH may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from RMH 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 RMH 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 RMH 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 RMH is not within the custody or control of
Client but must be procured from others.
SECTION 5. TERMINATION
(a) Client reserves the right to terminate this Agreement and RMH's performance hereunder, at any time upon
written notice, either for cause or convenience. Upon such termination, RMH and its subcontractors shall cease all work
and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans,
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calculations, summaries and all other information, documents and materials as RMH 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 RM1, RMH 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 RM-I or Client. In no event shall payment to RMH upon termination exceed the maximum
compensation provided for complete performance in Section 3(a).
(c) In the event termination of this agreement of RMH's services if for breach of this Agreement by RMH
or for other fault of RMH 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 high professional standards, or to perform work in a manner deemed satisfactory
by Client's Project Representative, then in that event, RMH'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) RMH's professional responsibility for its completed work and services shall survive any termination.
SECTION 6. RESERVED
SECTION 7. USE OF DOCUMENTS
(a) Upon payment in full, plans, drawings, designs, specifications, reports and all other documents prepared
or provided by RMH 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 RMH publish work product developed
pursuant to this Agreement except (1) with advance written consent of Client and (ii) in full compliance with the requirements
of this Agreement and applicable federal regulations. RMI -I will have no liability for reuse of the documents on other than
the intended project.
SECTION 8. INSURANCE AND INDEMNITY
(a) RMH 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 because of personal injury including bodily
injury, sickness or disease or death 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 RMH 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.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000 and with a deductible
acceptable to client.
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(c) RMH agrees to hold harmless and indemnify Client from and against any liability to third parties, arising
out of negligent acts or omissions of RMH, its employees, subcontractors and consultants, including Client's defense costs.
SECTION 9. SUBCONTRACTS
(a) Client acknowledges that RMH is the prime contractor and the only party with whom Client has a
contractual relationship under this Agreement. To the extent RMH performs any Project activities through subconsultants
or subcontractors, RMH 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) RMH shall indemnify and defend client from all claims and demands for payment for services provided
by subcontractors of RMH.
(c) RMH 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 RMH assigns principal responsibility for services
performed under this Agreement. Consequently, RMH 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. RMH shall not change such consultants or key personnel except after giving notice of a
proposed change to Client and receiving Client's consent thereto. RMH 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 RMH 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, three days after
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 RMH at The RMH Group, Inc., 12,600
West Colfax Avenue_ Suite A -400, Lakewood Colorado 80215 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 Agreement This instrument contains the entire agreement between RMH and client respecting
the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or
RMH 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 RMH 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 RM 4 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.
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M Equal Employment Opportunity In connection with the performance of this Agreement, neither RMI-I
nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex,
national origin, disability or age. RMH 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 WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first
above written.
A MUNICIPAL CORPORATION
the City Council
Attest:
City Clerk
The RMH Group, Inc.
0
Name: Tom B. Moore, P.E.
Title: President
Balance of Appropriation Exists for this
Contract and Funds are Available:
- A �- P � 5--L Z�� .-
Director of r ihance
Approved as to Form:
City Attozey_9i
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Mr. Donaid Andrews
Pueblo Wastewater Treatment Plant
1300 South Queens Avenue
Pueblo, Colorado 81001
Re: Pueblo WWTP HVAC Modifications
RMH Proposal No.10855 -RW
Dear Don:
We will be pleased to provide mechanical, electrical, and structural consulting engineering services
upon your acceptance of this proposed contract between The RMH Group, Inc., Engineer, and City of
Pueblo, Client. Structural engineering and boiler design will be provided by subconsultant Rothberg
Tamburini and Winsor. The proposed services are for modifications to the existing mechanical heat-
ing and ventilating systems and are based on Engineer's study and recommendations dated January
22, 1999, and Client's Request for Proposal received on March 16, 1999.
Scope of Services
Engineer will provide construction documents, including drawings and specifications, and con-
struction administration services for the work described below. Included are four design phase
workshops at the wastewater plant and one preliminary site investigation for each discipline.
Mechanical
■ Headworks Building
Engineer will provide design for gas detection for H_S and LEL with interface to the plant
PLC system
■ Digester Building
A gas detection system for HS and LEL will be designed with interface to the plant PLC
system. Design for modifications to the ventilation systems will be based on Option #1 of
Engineer's study, including a new hot water makeup air unit, modifications to the basement
ventilation system, related modifications to the heating water piping to serve the new
makeup air unit, modifications to the boiler room ventilation system, and venting of the
digester overflow basin.
In addition, a new boiler will be added to duplicate the existing plant heating boiler. This
boiler will be piped to the existing system so that any one boiler can operate while the sec-
W: \ PROP55\ 10855RW \CNTCJW02.DOC
Schedule 1
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The RMH Group, Inc.
CONSULTANTS
12600 \Vest Colfax Aye.
Suite A-400
Lakewood, CO 80217
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Mr. Donaid Andrews
Pueblo Wastewater Treatment Plant
1300 South Queens Avenue
Pueblo, Colorado 81001
Re: Pueblo WWTP HVAC Modifications
RMH Proposal No.10855 -RW
Dear Don:
We will be pleased to provide mechanical, electrical, and structural consulting engineering services
upon your acceptance of this proposed contract between The RMH Group, Inc., Engineer, and City of
Pueblo, Client. Structural engineering and boiler design will be provided by subconsultant Rothberg
Tamburini and Winsor. The proposed services are for modifications to the existing mechanical heat-
ing and ventilating systems and are based on Engineer's study and recommendations dated January
22, 1999, and Client's Request for Proposal received on March 16, 1999.
Scope of Services
Engineer will provide construction documents, including drawings and specifications, and con-
struction administration services for the work described below. Included are four design phase
workshops at the wastewater plant and one preliminary site investigation for each discipline.
Mechanical
■ Headworks Building
Engineer will provide design for gas detection for H_S and LEL with interface to the plant
PLC system
■ Digester Building
A gas detection system for HS and LEL will be designed with interface to the plant PLC
system. Design for modifications to the ventilation systems will be based on Option #1 of
Engineer's study, including a new hot water makeup air unit, modifications to the basement
ventilation system, related modifications to the heating water piping to serve the new
makeup air unit, modifications to the boiler room ventilation system, and venting of the
digester overflow basin.
In addition, a new boiler will be added to duplicate the existing plant heating boiler. This
boiler will be piped to the existing system so that any one boiler can operate while the sec-
W: \ PROP55\ 10855RW \CNTCJW02.DOC
Mr. Donald Andrews
City of Pueblo Wastewater Treatment Plant
April 16, 1999
Page 2
and boiler is off line. The new boiler will be housed either in a new boiler room addition or
a new boiler building, which will be determined during the preliminary design phase. The
backup plant heating boiler will be sized to match the existing Kewanee M335 boiler in the
digester boiler room. This unit is equipped with a Gordon -Piatt forced three -pass draft
burner, Model R12.9- 66- 30- GP201 -E2. Unit design capacities will be 3.4 MBtu, 100 Bhp, 135
gpm supply water at 160 °F, and heating to 220 °F. The unit will be capable of burning
digester gas with a fuel content of approximately 600 Btu /cubic foot, with automatic
switching capabilities to natural gas supply when digester gas pressure drops below 8" w.c.
The digester gas piping may require modification to reduce condensation traps and accom-
modate installation of a separator to minimize moisture in the digester gas. The new boiler
system will be coordinated with the existing components and controls.
■ Solids Handling Building
Engineer will provide design for gas detection for H,S and LEL with interface to the plant
PLC system. Modifications to the ventilation systems will be based on Option #4 of Engi-
neer's study, including a new hot water makeup air unit for the centrifuge area, replacement
of the truck bay ventilation system, modifications to RT -3 and RT -4 air distribution, and
related modifications to the heating water system to provide additional water for the new
makeup air unit.
Electrical
Engineer will provide design for electrical power to support new mechanical equipment and
electrical lighting and power for the new boiler room /building. It is assumed adequate power
is available for the boiler room expansion.
Structural
Structural engineering will involve design for the boiler room /building foundation and super-
structure, review of roof loadings due to new mechanical equipment placement, design of new
roof penetrations, and design of new wall penetrations. Given space limitation within the
existing room, the east loading dock will be modified for installation of the new boiler. The
loading dock slab will be extended to accommodate the new boiler with adequate access space
on all sides for the boiler and appurtenances. The new pad area will be enclosed with similar
architectural elements as the existing building. A new loading dock will be added to the east
side of the new enclosed boiler area. As an alternative, a new boiler building adjacent to the
anaerobic digester building may be designed.
Construction administration services will include one contractor walkthrough meeting, responses
to bid questions, preparation of addenda, attendance of one person at one construction meet-
ing /site observation per week for up to 12 weeks, submittal review (up to two reviews per sub-
mittal), one final trip for punch list preparation for each discipline, and project closeout.
W: \ PROP55 \ 10855RW \ CNTCJW02.DOC
Mr. Donald Andrews
City of Pueblo Wastewater Treatment Plant
April 16,1999
Page 3
Project Schedule
The work described in the Scope of Services above, exclusive of construction administration, will
be completed within 12 calendar weeks of receipt of signed contract and written notice to proceed.
After receipt of notice to proceed, a schedule will be developed incorporating required design and
construction time.
Services Not Included
• Energy analysis studies
• Electrical service upgrades
Engineer's Fee
The fee for services described in the Scope of Services above will be a lump sum of $110,170, which
includes reimbursable expenses. The estimated fee breakdown follows.
Heating /Ventilating Upgrades and Electrical
Boiler Upgrades /Structural
Design Construction Totals
$48,840 $27,230 $ 76,070
24,750 9,350 34,100
$110,170
Additional Services
Engineering services requested by Client that are not in the Scope of Services will be provided
during 1999 on an hourly basis in accordance with the attached Schedule of Hourly Rates #99R,
plus reimbursable expenses. Additional subconsultant services will be billed at cost plus ten
percent.
Reimbursable Expenses
Reimbursable expenses include, but are not necessarily limited to, meals, lodging, car rental,
parking, airfare, local mileage at the currently allowable IRS rate, long- distance telephone calls,
shipping and delivery charges, printing of drawings and specifications other than those used for
coordination purposes, and special computer services as requested by Client. These expenses will
be billed at cost plus ten percent.
Schedule 2
Schedule of Hourly Rates Rate #99R
The RMH Group, Inc. 01/01/99
The following hourly billing rates include all cost and markup for hourly contracts except reimbursa-
bles such as travel and reproduction.
PROJECT PRINCIPAL ............................................................. ............................... ........................$110.00
PROJECT MANAGER /ENGINEER SPECIALIST ...............
............................... ........................$100.00
PROJECT ENGINEER III /LEADER III ..................................
............................... .........................$92.00
PROJECT ENGINEER II /LEADER 11 ..................................... ............................... .........................$85.00
PROJECT ENGINEER I /LEADER I /DESIGNER V ............. ............................... .........................$78.00
ENGINEER III /DESIGNER IV ................................................
............................... .........................$72.00
ENGINEER II /DESIGNER III /CAD OPERATOR IV ..........
............................... .........................$65.00
ENGINEER I /DESIGNER II /CAD OPERATOR III ............. ............................... .........................$57.00
JR. ENGINEER /DESIGNER I /CAD OPERATOR II ............
............................... .........................$52.00
DRAFTER H /CAD OPERATOR I ...........................................
............................... .........................$46.00
DRAFTERI .................................................................................
............................... .........................$42.00
CONTROL SYSTEMS PROGRAMMER .................................
............................... .........................$83.00
SOFTWARE CONFIGURATION DESIGNER .......................
............................... .........................$62.00
TECHNICAL WRITER /GRAPHICS SPECIALIST ...............
............................... .........................$64.00
PROJECT ADMINISTRATOR /ENGINEERING AIDE .......
............................... .........................$42.00
WORD PROCESSOR /ADMINISTRATIVE ASSISTANT
.... ............................... .........................$40.00
CADWORKSTATION * .....................................................................................
..............................$ 7.00
The above rates apply to normal design and engineering work. The rates for special engineering,
studies, or special projects will be established by request. This rate schedule shall be in effect until
December 31, 1999, at which time it will be subject to renegotiation.
* CAD (computer -aided design) operator's time is charged in addition to computer workstation time
when equipment is furnished by RMH in locations other than RMH's offices.
Com /Ind (99RMH)