HomeMy WebLinkAbout09275RESOLUTION NO. 9275
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND BLACK & VEATCH
CORPORATION FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE HEADWORKS RENOVATION AT
THE WASTEWATER TREATMENT PLANT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement dated March 28, 2001, 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 Black & Veatch Corporation, is hereby approved.
SECTION 2.
Funds for said professional services shall be paid from Account No. 525- 4110 - 432.30 -01.
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: A ri 1 2 .1. 2001
mm
APPROVED:
CITY COUNCIL
ATTESTED BY ��
CITY CLERK
-8275 r�
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # S
DATE: April 23, 2001
DEPARTMENT: WASTEWATER
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND BLACK & VEATCH CORPORATION FOR PROFESSIONAL
SERVICES ASSOCIATED WITH THE HEADWORKS RENOVATION AT THE
WASTEWATER TREATMENT PLANT
ISSUE
Should the City Council approve a Resolution regarding an agreement for professional
services related to the renovation of the Headworks at the City's wastewater treatment
plant?
RECOMMENDATION
Approval of Resolution
BACKGROUND
The Wastewater Department recently completed a master plan for the City's wastewater
treatment plant. The first objective of the master plan was to assess the capacity of the
existing facilities. The second was to develop a phased set of improvements to keep pace
with growth and regulatory requirements.
As determined in the master plan, the existing screens within the Headworks facility do
not provide the required flow capacity for effective treatment. Also, the older style
screens have low removal efficiency and no bypass channel is available for use if a
screen malfunctions. The influent pumps do not have firm capacity for peak hour flows,
and the capacity is aggravated by the prolonged repair time required for the existing
screw pumps.
Renovation of the existing Headworks would improve the efficiency and integrity of the
facility. New screens will enhance grit and solids removal and help defer construction of
a new grit removal basin and a new primary clarifier. The existing screens and channels
will remain in service to provide emergency bypass at the Headworks.
Proposals were solicited from qualified firms experienced in the design and construction
of Headworks facilities. Black & Veatch and Carollo Engineers were the only firms to
submit a proposal. The proposals were as follows:
DESIGN / BIDDING
FIRM PHASE
CONSTRUCTION
PHASE TOTAL
Black & Veatch $167,232
Carollo Engineers $226,164
$167,744 $334,976
$121,246* $347,410
* Carollo Engineers did not include the same amount of hours for the on -site resident
engineer as Black & Veatch. The construction phase will be negotiated upon completion
of the bidding.
FINANCIAL IMPACT
The design and bidding phase of the project is $167,232. The construction phase is
estimated at $167,744 per the proposal. As stated above, the final cost for the
construction phase will be negotiated based on the final design and award of the
construction contract.
Funds for said professional services shall be paid from the Wastewater Treatment Plant's
professional services Account No. 525- 4110 - 432.30 -01.
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 28th day of March, 2001, by and between the City of
Pueblo, a Municipal Corporation ( "Client ") and Black & Veatch Corporation, a Delaware Corporation
( "Consultant "), for Consultant to render professional services for Client with respect to the renovation of the
Headworks at the City of Pueblo's wastewater treatment plant 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) Consultant 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 Consultant performs any of the Project work through subcontractors, Consultant
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 Consultant.
SECTION 2. CONSULTANT'S RESPONSIBILITIES
(a) Consultant shall be responsible for the professional quality, technical accuracy and timely
completion of Consultant's work, including that performed by Consultant's consultants and subcontractors, and
including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same.
Consultant warrants that it shall perform the Services in accordance with the standards of care and diligence
normally practiced by recognized consulting firms in performing services of a similar nature. No other warranty,
express or implied, is included in this agreement or in any drawing, specification, report, or opinion produced
pursuant to this agreement.
(b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage
to Client caused by Consultant's negligent act or omission; except that Consultant 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) Consultant shall be completely responsible for the safety of Consultant's employees in the
execution of work under this agreement and shall provide all necessary safety and protective equipment for said
employees.
(d) Consultant acknowledges that time is an important consideration of the contract with respect to the
completion of its services under this Agreement. Consultant shall perform its work in a timely manner so as not to
delay Client's timetable for final completion of Project work. Consultant 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 Consultant considers beyond or
addition to the Scope of Work described in Schedule 1 or other wise contemplated by the terms of
this Agreement, Consultant shall advise Client in writing that (i) Consultant considers the work
beyond the scope of this agreement, (ii) the reasons that Consultant believes the out of scope or
additional work should be performed, and (iii) a reasonable estimate of the cost of such work.
Consultant 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 Consultant as full compensation for all services required to be performed by
Consultant under this Agreement, except for services for additional work or work beyond the scope of this
Agreement, the maximum sum of U.S. $167,232 for the design & bidding phase computed as set forth in Schedule
2. The construction phase is estimated at $167,744 but will be negotiated upon completion of the bidding.
(b) Consultant 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 hourly rates and
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
Consultant 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 Consultant for services required and expenditures incurred in
correcting Consultant'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, Consultant 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 Consultant regarding Client's Project requirements and to provide all
relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably
require.
(b) Client shall designate a Project Representative to whom all communications from Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant's performance hereunder, at
any time upon written notice, either for cause or convenience. Upon such termination, Consultant 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 Consultant 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 Consultant, Consultant
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 Consultant or Client. In no event shall
payment to Consultant upon termination exceed the maximum compensation provided for complete performance in
Section 3(a).
(c) In the event termination of this agreement of Consultant's services if for breach of this Agreement
by Consultant or for other fault of Consultant 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, Consultant'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) Consultant'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
Consultant hereunder shall become the sole property of Client when Consultant has been compensated for the
Services rendered, 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 Consultant 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.
(b) Notwithstanding Client's ownership of plans, drawings, designs, specifications, reports and other
documents as provided in subsection (a) above, and Clients rights to use same, Consultant shall retain its rights in its
standard drawing details, designs, specifications, databases, computer software and any other proprietary property.
Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the
property of the Consultant.
(c) All documents, including, but not limited to, drawings, specifications, and computer software
prepared by Consultant pursuant to this Agreement are instruments for service specific to this Project. They are not
intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other
project. Any reuse without the prior written verification or adaptation by Consultant for the specific purpose
intended shall be at the Client's sole risk.
(d) Any files delivered in electronic medium may not work on systems and software different than
those with which they were originally produced. Consultant makes no warranty as to the compatibility of these files
with any other system or software. Because of the potential degradation of electronic medium over time, in the
event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern.
SECTION 8. INSURANCE AND INDEMNITY.
(a) Consultant 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 Consultant 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.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to
third parties, if and to the extent caused by the negligent acts or omissions of Consultant, its employees,
subcontractors and consultants.
(d) Unless such waiver would result in a loss of coverage under an insurance policy providing
builder's risk or other property insurance procured for or with respect to the Project, the parties waive any and all
rights against each other, including their rights of subrogation, for damages covered by such property insurance,
except such rights as they may have to the proceeds of such insurance, during and after the completion of the
services. If the services extend to the construction phase of this Project, a similar provision shall be included in all
construction contracts, subcontracts and supply agreements entered into by the Client and shall protect the Client
and Consultant to the same extent.
SECTION 9. SUBCONTRACTS
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client
has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities
through subconsultants or subcontractors, Consultant 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) Consultant shall indemnify and defend client from all claims and demands for payment for
services provided by subcontractors of Consultant.
(c) Consultant 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 Consultant assigns principal
responsibility for services performed under this Agreement. Consequently, Consultant 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. Consultant shall not change such
consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent
thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection.
Notwithstanding the above, Consultant may have portions of the Services performed by its related and affiliated
entities.
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 Consultant 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 Consultant at Black & Veatch,
11900 East Cornell Avenue, Suite 300, Aurora, Colorado 80014 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 Consultant and client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties
of either Client or Consultant 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 Consultant may be assigned by it without the written consent of the Client, except that it
may be assigned without such consent to a related entity, and affiliate or wholly owned subsidiary of Consultant.
(d) Amendments No amendments to this Agreement shall be made nor be enforceable unless made
by written amendment signed by an authorized representative of Consultant 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.
(f) Equal Employment Opportunity In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are treated
during employment without regard to their race, color, religion, sex, national origin, disability or age.
(g) Opinions of Cost and Schedule. Since Consultant has no control over the cost of labor, materials,
or equipment furnished by others, or over the resources provided by others to meet Project schedules, Consultant's
opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a
professional engineer. Consultant does not guarantee that proposals, bids, or actual Project costs will not vary from
Consultant's cost estimates or that actual schedules will not vary from Consultant's projected schedules.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and
year first aboFe written.
By
Prej ent f the City Council
CITY OF PUEBLO, A MUNICIPAL CORPORATION
Attest:
City Clerk `6
-� By: Black & Veatch
Name:
Title:
Balance of Appropriation Exists for this
Contract and Funds are Available:
Director of Finance
Approved as to Form:
City Attorney
Schedule 1
Basic Services
(Scope of Work)
City of Pueblo — Headworks Renovation at the WWTP
Design / Bidding Phase
• Kickoff meeting workshop — (pre- design)
• Pre - design memorandum
• Develop design memorandum
• Design memo review (30 %)
• Preliminary design drawings
• Level 1 review workshop (50 %)
• Complete design, drawings & documents
• Level 2 review (90 %)
• Finalize drawings & documents (100 %)
• Advertise for bids
• Review bids and award
Construction Phase (To be negotiated at the end of design and bidding phase)
• Pre - construction conference
• Monthly progress meetings
• Review of construction payments
• Final review / substantial completion
• Asbuilt drawings
Provide a hard copy and electronic file for the above. Text shall be MS Word and drawings shall
be AutoCad 13.
Schedule 2
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