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HomeMy WebLinkAbout8709RESOLUTION NO. 8709 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND ADS ENVIRONMENTAL SERVICES, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH A SANITARY SEWER EVALUATION SURVEY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. An Agreement dated April 26, 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 ADS Environmental Services, Inc. is hereby approved. SECTION 2. Funds for said professional services shall be paid from Account No. 014 -0400- 441- 000 - 040 -1535. 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 John Verna ; 3 C APPROVED: ►1 f-2 r President of of the Council ATTEST: !`1 .1 A _ -3 <.V UJLIUll 11gunua Title: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND ADS ENVIRONMENTAL SERVICES, INC., FOR PROFESSIONAL SERVICES ASSOCIATED WITH A SANITARY SEWER EVALUATION SURVEY Department: WASTEWATER DEPARTMENT ISSUE Agenda Item # - Date: MAY 24, 1999 Should the City of Pueblo enter into an agreement with ADS Environmental Services, Inc., for the sanitary sewer evaluation survey (SSES) project. RECOMMENDATION Approval of the Resolution. BACKGROUND The City of Pueblo - Wastewater Department has been undertaking a complete assessment of the City's wastewater collection system. The assessment has been divided into several parts. In 1997, sixty -eight (68) temporary flow monitors were installed throughout the wastewater collection system and ten (10) temporary rain gauges were placed at various locations throughout the City. The flow monitors and rain gauges allowed us to identify ten (10) areas within the collection system that intercept an abnormal amount of rain water and groundwater (infiltration & inflow) during rain storms. The purpose of the SSES project is to determine the physical condition, location, and possible sources of infiltration and inflow by smoke testing the ten areas. The smoke testing will identify defects in the wastewater collection system that allow rainwater to enter into the system. The smoke is nontoxic, odorless and nonstaining. Prior to smoke testing, ADS will distribute notices to all affected areas and communicate directly with any commercial properties. News releases will also be used to inform the public. ADS will communicate with the Fire Department and Police Department each day prior to testing. FINANCIAL IMPACT The cost will be approximately $58,739.25. Funds for the professional services will be paid from the Wastewater Account 014- 0400 -441- 000 - 040 -1535. � PZUUE 01 & A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 26th day of April, 1999, by and between the City of Pueblo, a Municipal Corporation ( "Client ") and ADS Environmental Services, Inc., a Delaware Corporation ( "ADS "), for ADS to render professional services for Client with respect to sanitary sewer evaluation survey 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) ADS 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 ADS performs any of the Project work through subcontractors, ADS 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 ADS. SECTION 2. ADS'S RESPONSIBILITIES (a) ADS shall be responsible for the professional quality, technical accuracy and timely completion of ADS's work, including that performed by ADS's consultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) ADS shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by ADS's negligent act or omission; except that ADS 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) ADS shall be completely responsible for the safety of ADS's employees in the execution of work under this agreement and shall provide all necessary safety and protective equipment for said employees. (d) ADS acknowledges that time is of the essence with respect to the completion of its services under this Agreement. ADS 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 ADS, ADS 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. ADS 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 ADS considers beyond or addition to the Scope of Work described in Schedule I or other wise contemplated by the terms of this Agreement, ADS shall advise Client in writing that (i) ADS considers the work beyond the scope of this agreement, (ii) the reasons that ADS believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. ADS 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. SECTION 3. FEES FOR SERVICES: PAYMENT (a) Client will pay to ADS as Rill compensation for all services required to be performed by ADS under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $58,739.25 computed as set forth in Schedule 2. (b) ADS 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 ADS 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 ADS for services required and expenditures incurred in correcting ADS'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, ADS 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 ADS regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which ADS may reasonably require. (b) Client shall designate a Project Representative to whom all communications from ADS 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 ADS and render decisions pertaining thereto within a reasonable time. The C-lient's approval of any drawing, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve ADS 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 ADS 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 ADS's performance hereunder, at any time upon written notice, either for cause or convenience. Upon such termination, ADS 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 ADS 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 ADS, ADS 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 ADS or Client. In no event shall payment to ADS upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this agreement of ADS's services if for breach of this Agreement by ADS or for other fault of ADS 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, ADS'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) ADS'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 ADS 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 ADS 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) ADS 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 ADS 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- (iii) Professional Liability Insurance with coverage of not less than $1,000,000 and with a deductible acceptable to client. (c) ADS agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of ADS, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that ADS is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent ADS performs any Project activities through subconsultants or subcontractors, ADS 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) ADS shall indemnify and defend client from all claims and demands for payment for services provided by subcontractors of ADS. (c) ADS 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 ADS assigns principal responsibility for services performed under this Agreement. Consequently, ADS 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. ADS shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. ADS 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 ADS 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 ADS at ADS Environmental Services Inc., 7350 Og op rtunity Road. San Diego, CA 92111 . 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 ADS and client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or ADS 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 ADS 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 ADS 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 Opportunity In connection with the performance of this Agreement, neither ADS nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. ADS 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. C F PUEBL ® ICIPPAL CORPORATION h ) ,'V C/ resident of the City Council Attest: City Clerk IM Name: Title: Balance of Appropriation Exists for this Contract and Funds are Available: A, " P � 62!�Y' Director of F nance Approved to Form: City Att -5- SCHEDULE 1 SCOPE OF WORK The City of Pueblo is located in Southeastern Colorado. The City owns and operates a sanitary sewer collection system consisting of over 2,000,000 If of pipe. This system serves Pueblo's 102,000 residential customers as well as commercial and industrial customers. ADS Environmental Services performed an Inflow /Infiltration (I /I) study during August and September of 1997. The 45 -day project measured sanitary sewer flow at 68 locations throughout the collection system. Rainfall was measured during the same period at 10 locations. The purpose of this project was to locate and quantify sources of I/I entering the collection system. Currently, the City desires to further investigate ten (10) sub - basins identified during the 1997 project as having excessive I/1 response. The selected sub - basins consist of approximately 345,325 if to be smoke tested during May and June of 1999. ADS has developed a project approach that will provide exceptional deliverables to the City, with high quality/high impact results. The purpose of this program is to determine the physical condition, location, and possible sources of inflow. Information obtained during the smoke - testing program will be used in determining rehabilitation cost and methods. This work will also identify covered manholes and help verify the sewer manhole. SCHEDULE 2 Section VII Quotation Record QUOTATION RECORD Bid Estimated Unit Item Description Quantity Price Amount 1. Smoke Testing 345,325 Ft. $0.17/lf $58,705.25 GRAND TOTAL $58,705.25 (Fifty -Eight Thousand, Seven Hundred Five Dollars and Twenty -Five Cents) The City of Pueblo reserves the right to reject any or all proposals. If the proposal is accepted by the City, the undersigned agrees to complete the work in conformance to the request for proposal. The person submitting the proposal must sign the proposal correctly and in ink; if the proposal is offered by an individual, his name, office and post office address must be shown. If made by a firm or partnership, the name, office, and post office address of each member of the firm or partnership must be given; if offered by a corporation, the person signing the proposal must give the name of the state under the laws of which the corporation was chartered, and the name, title and business address of the President, Secretary and Treasurer. Anyone signing a proposal as agent must file legal evidence of his authority to do so, and that the signature is binding upon the firm or corporation. The undersigned, if awarded the contract, agrees to complete and file the completed contract in quadruplicate within ten (10) days of the date of Notice of Award. SIGNATURE Firm Name: ADS Environmental Services Address: Signed by: Phone: President: Secretary: Treasurer: A Division of ADS Corporation A Delaware corporation 7350 Opportunity Road San Diego, CA 92111 �-- Title: Director of Operations Hal Dunning/ Regional Business Manager (619) 571 -0045, ext. 219 Fax: (619) 277 -9858 Date: 4/13/99 Tom Neel Corporate Office: ADS Environmental Services Allan Williamson 5025 Bradford Blvd. Stephen Wysock Huntsville, AL 35805 City of Pueblo, Colorado Due: April 14, 1999 Proposal for Smoke Testing — Project 99 -041 Section VII Quotation Record HOURLY BILLING RATES FOR ALL CATEGORIES OF PERSONNEL Title Project Director* Project Manager* Project Engineer* Field Manager* Field Crew (2)* Data Entry Person* *These rates do not include reimbursable expenses. Hourly Billing Rate $100.00/hour $90.00/hour $90.00/hour $75.00/hour $110.00/hour $35.00/hour City of Pueblo, Colorado Due: April 14,1999 Proposal for Smoke Testing — Project 99 -041 Section VII Quotation Record REIMBURSABLE EXPENSES ✓ Freight & Postage ✓ Shipping & Handling ✓ Supplies ✓ Taxes & Licenses ✓ Telephone — regular ✓ Telephone — fax machine ✓ Travel Expenses — Meals ✓ Travel Expenses — Lodging ✓ Gas & Oil ✓ Smoke Candles City of Pueblo, Colorado Due: April 14,1999 Proposal for Smoke Testing — Project 99 -041