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HomeMy WebLinkAbout09901RESOLUTION NO. 9901 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND URS CORPORATION, DENVER, COLORADO, TO CONDUCT PHASE II OF THE STORMWATER UTILITY IMPLEMENTATION PLAN AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, a Phase II Stormwater Utility Implementation Study is required to complete the stormwater utility implementation plan, and URS Corporation, Denver, Colorado, was determined by the City's staff to have completed the Phase I Study and are considered most qualified to complete the Phase II Stormwater Implementation Plan. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. URS Corporation is hereby selected as the consultant to conduct a Phase II Stormwater Utility Implementation plan for the City. The Agreement for Professional Engineering Services dated as of July 7, 2003, between Pueblo, a Municipal Corporation and URS, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Agreement for Professional Engineering Services in the name of the City and the City Clerk is directed to affix the seal of the City therefore and attest same. SECTION 3. The $170,000 appropriated in the Stormwater Utility FY 2003 Budget for professional services is hereby authorized to be expended for payment to URS Corporation for services performed and costs incurred under the Agreement for Professional Engineering Services. SECTION 4. This Resolution shall become effective upon final approval and passage. INTRODUCED July 14, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 1st day of July, 2003, by and between the City of Pueblo, a Municipal Corporation ("Client") and UPS Corporation, a Nevada Corporation. ("URS") for URS to render professional services for Client with respect to implementation of a stormwater management utility rate structure 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 AND SCOPE OF SERVICES. (a) URS shall satisfactorily perform the professional services for the Project described in more detail in Appendix A attached hereto and incorporated herein by reference (the "Basic Services"). Such services shall mchide all usual and customary professional planning, rate structure development, program design and computer database services including any required document drafting or other services incident to its work on the Project. (b) To the extent URS performs any of the Project work through subcontractors, URS shall be and remain as fully responsible for the full performance and quality ofserviees performed by such subcontractors as it is for servicas performed clirecfly by URS. SECTION 2. URS'S RESPONSIBILITIES. (a) URS shall be responsible for the professional quality, technical accuracy and timely completion of URS's work, including that performed by URS*s consultants and subcontractors, and including drawings, reports, computer generated data end other services, irrespective of Client's approval of or acquiescence in same. (b) URS shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by URS's negligent act or omission; except that URS hereby irrevocably waives and excuses Client and Client's attorneys fi.om compliance with any requirement to obtain a certificate of review as a condition precedent to comanencement 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) URS shall be completely responsible for the safety of URS's employees in the execution of work under this Agreement and shall provide all necessary safety end protective equipment for said employees. (d) URS acknowledges that time is of the essence with respect to the completion of its services under this Agreement. URS represents that Appendix D attached hereto is the Appendix by which URS proposes to accomplishits work, with time periods for which it will. cormnence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of URS, URS shall adhere to this Appendix and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and t'mal completion of Project work. URS further acknowledges that its Appendix 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 fi.om any third parties, and all conditions to access to public and private facilities. (e) Before undertaking any work or incurring any expense which URS considers beyond or in addition to the Scope of Work described in Appendix 1 or otherwise contemplated by the terms of this Agreement, UPS shall advise Client in writing that (i) URS considers the work beyond the scope of this Agreement, (ii) the reasons that UPS believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost ofsoch work. URS 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, but in the event the parties fail to negotiate or are unable to agree as to compensation, then URS shall be compensated for its direct costs and professional time at the rates set forth in Appendix C attached hereto. SECTION 3. FEES FOR SERVICES; PAYMENT. (a) Client will pay to URS as full compensation for all services required to be performed by URS under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $170,000.00, computed as set forth m Appendix B. (b) URS 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 Appendix C attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay URS 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 t/me, secretarial or clerical time or similar expenses unless otherwise provided and listed in Appendix C. (d) No compensation shall be paid to URS for services required and expenditures incurred in correcting URS'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, URS 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 amnnal appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES. (a) Client agrees to advise URS regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which URS may reasonably require. (b) Client shall designate a Project Representative to whom all communications from URS 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 or fiscal 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 URS, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve URS 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 20 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 47 days shall be presumed reasonable for Client to act with respect to any matter involving policy or sigalficant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by URS is not within the custody or control of Client but nmst be procured from others. -2- SECTION 5. TERMINATION. (a) Client reserves the right to terminate this Agreement and URS's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, URS 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 infomtiun, documents and materials as URS may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreemant for events or reasons not the fault of URS, URS shall bc paid at the rotes specified in Appendix C for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days'ofterminatiun provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to URS or Client. In no event shall payment to URS upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or URS's services is for breach of this Agreement by URS, or for other fault of URS 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 professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, URS's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Appendix C for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termiuation. (d) URS's professional responsibility for its completed work and services shall survive any termination. SECTION 6. RESERVED. SECTION 7. USE OF DOCUMENTS. (a) To the extent paid for, plans, drawings, designs, specifications, reports end all other documents prepared or provided by URS 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 cosmsson law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall URS 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) Plans and reports produced under this Agreement, including all drafts thereof, shall contain a disclaimer on the tire page which shall read as follows: "This (name of document) was prepared under conlxact with the City of Pueblo, Colorado, but does not necessarily represent the views or policies of the City." (c) Reuse of such documents shall be at the City's sole risk SECTION 8. INSURANCE AND INDEMNITY. (a) URS agrees that it shall procure and will maintain during thc term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, cia/ms 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, to the extent -3- caused by URS's negilgence; and such insurance will provide for coverage in such mounts as set forth in subparagraph (b). (b) The minimum insurance coverage winch [IRS shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Conmaercial 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 w/th coverage of not less than $1,000,000, and with a deductible acceptable to Client. (c) URS agrees to hold hanuless, defend and indenmify Client from and against any liability to third parties, arising out of negligent acts or omissions of URS, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS. (a) Client acknowledges that URS is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent URS performs any Project activities through subconsultants or subcontractors, URS 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) URS shall indemrdfy and defend Client from all claims and demands for payment for services provided by subcontractors of URS. (c) URS acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom URS assigns principal responsibility for services performed under this Agreement. Consequently, UPS represents that it 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. URS shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Clienfs consent thereto. URS shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. REQUIRED FEDERAL PROVISIONS.(N/A - 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 URS 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 hen of such personal service, when deposited in the United States mail, first-class postage prepaid, addressed to the Client, Attention: Dennis Maroney, Stormwater Coordinator, 211 E. "D" St. Pueblo, Colorado, ortoURSat 8181 East Tufts Avenue, Denver, CO 80237 · Either party may change his address for the purpose of this paragraph -4- 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 URS and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or URS in relation thereto not expressly set forth in this instxumant and its attachments is null and void. (c) Successors and Assigns. This Agreement shall be binding on tbe parties hereto and on their successom and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to URS may be assigned by it without the written consent of Client. (d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative nfURS and by Client in accordance with the requirements of Section 4(b) oft. his Agreement or upon authorization of Clienfs governing board. (e) Choice of Law. This Agreement shah be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of tins Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Eaual Enmlovment OrroortuniW. In connection with the performance of this Agreement, neither URS nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. URS shall endeavor to insure that applicants are employed, and that employees are txeated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severability. If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be con~uy to law or the terms of any federal grant, then this entire Agreement shall be void. ATTEST: IN WITNESS~ WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ~ CITY OF PUEBLO By President of the City Council .~ -5- Appendix A City of Pueblo Stormwater Utility Management Project Phase II - Implementation Scope of Work June 30, 2003 Objective This document provides a detailed scope of services for the development of a Storm Water Management Utility (SMU) for the City of Pueblo. This is the second phase of the Stormwater Management Utility project. Phase I included public involvement, developing a stormwater management budget, rate structure, billing method, developer responsibilities and implementation details. One Phase II objective is to implement the Stormwater Management Utility rate structure selected by the advisory task force. This alternative involves measuring the impervious surface of every property in the city and calculating a stormwater user fee based on the fee structure established in Phase I of this project. All multi-family, commercial, industrial, and tax-exempt properties will be charged a direct rate based on the calculated impervious area. Single family residential will be assigned a tiered rate based on the results of the impervious measurement. Aerial photography will be used as a backdrop to identify and digitally outline (digitize) the impervious areas. Additional Phase 1I objectives include further public education and preparation of an impact fee study. Specific tasks in the Phase II scope of work include: I. Coordinate with Pueblo County GIS to obtain parcel data. 2. Coordinate with the Board of Water Works (BOWW) to determine necessary database format, deadline to receive final database, and necessary information to charge users vs. owners. 3. Develop ArcView extension to capture the parcel information while digitizing. 4. Develop digitizing manual and establish an internal/subcontract digitizing schedule. 5. Digitize all properties within the city and create database containing necessary information as requested by the BOWW. 6. Assist the city in updating database with post-2001 development, future development, and self-sustaining properties. 7a. Public Education 7b. Assist the city in determining and implementing an appeals process. 8. Development impact fee study. 9. Write Technical Memorandum detailing Phase II Implementation. Task 1: Coordinate with Pueblo County GIS to obtain parcel data and determine QA/QC schedule and process. At the present time, Pueblo County is performing an extensive QA/QC process on their newly acquired digital parcel boundary maps. This process will be complete between July and September. Therefore, a QA process may be utilized simultaneously to the digitizing on the unchecked portions of the city. If necessary, the procedures will be established and covered in the "Pueblo Digitization Manual" (See Task 4). Task 2: Coordinate with the Board of Water Works (BOWW) to determine necessary database format, deadline to receive final database, and necessary information to charge users vs. owners. Currently, the BOWW is updating their system to a new format. When this is complete, the database will contain the customer billing address and the parcel identification numbers (PINs) which will be the common identifier necessary to join the existing customer database to the future stormwater database. It is necessary to determine what the database format will be, when the database update will be complete and when the BOWW needs a copy of the stormwater database in order to start billing for stormwater by October 2003. It will also be necessary to discuss accounts with multiple taps, rental properties, and property addresses that do not match up with the assessor database. URS Task 2 responsibilities do not include fixing errors associated with linking the Assessor Database to the BOWW Database. Task 3: Develop ArcView extension to capture the parcel information as digitizing. The largest task of the Phase II implementation project consists of digitizing all of the impervious areas throughout the city. When the digitization of a property is finished, it is necessary to assign the corresponding parcel information to the digitized parcel. It is proposed that an extension be created in ArcView that allows the digitizer to automatically retrieve and assign the necessary information from the parcel theme thus decreasing the amount of time to digitize each property as well as reduce human error. Task 4: Develop digitizing manual and schedule. It is necessary to evaluate the staff workload within URS to determine if there is enough staff to complete the digitizing in less than three months. If the staffneeds exceed the availability, it may be necessary to outsource the digitizing portion of the project. If the project is outsourced, Task 3 will not be necessary but the QC process will be more intensive. Either way, it will be helpful to develop a "Pueblo Digitizing Reference Manual" to provide a brief project background, project set up instructions, impervious area definitions, and digitizing examples. This manual will help to provide more accurate digitizing and a consistency throughout the digitizing staff. If the digitizing were to be completed in house a portion of the city will be designated to each staff member for digitization and a rotation schedule will be established for QC by a different staff member. Task 5: Digitize all properties within the city and create database containing necessary information as requested by the BOWW. Using aerial photography, impervious surfaces for each property will be delineated. As mentioned in Task 4, each property throughout the city will also be checked for quality by another staff member. Also, as mentioned in Task 3, the digitizer will be using an extension that will automatically capture the parcel information and assign it to the area digitized. The most pertinent information is the Parcel Identification Number (PIN). This will allow the stormwater database to be connected to the existing database. The goal is to have all of the digitizing complete by the beginning of September. When the digitizing is complete, it will be necessary to determine which properties are eligible for a 60% on-site detention credit and add the necessary information to the database. Task 6: Assist the city in determining processes to bill post-2001 development, future development, and self sustaining properties. The City's aerial photographs were flown in 2001, therefore two years worth of development has occurred since the pictures were taken. It is necessary to determine the impervious area of the accounts completed within this time and add them to the database. The City employees will determine these measurements from the original site plans and URS employees will add the measurements to the database. Additionally, a process on how to handle future development must be established. It has been suggested that the impervious area for new development be calculated by the project owner and checked by the city staff from the building, parking lot and driveway footprints area as submitted on the building permit. Task 7a: Public Education In past utility implementations, the public has called the respective municipality with various questions and concerns. Upon implementing a utility has been found that one of the best ways to curb public questioning is to educate the public before hand. Therefore, URS will help develop educational materials for distribution prior to the first billing, which will include the new utility information as well as general stormwater quality information for compliance with the NPDES Phase II permit. The education materials will include brochures, mailers, web page information, press releases, and other public education materials. Task 7b: Assist the city in determining and implementing an appeals process. As mentioned above, in past utility implementations, the public has called the respective municipality with various questions and concerns. It is necessary for the City to develop a standard method on how to handle these concerns. Suggested methods include creating an FAQ guide and a detailed complaint response mailer including a picture of the respective property with digitized outline. URS will help the city to develop the appropriate method and create the necessary materials. Task 8: Development Impact Fee Study Complete a development impact fee researching the types, levels, and pros and cons of development fees in the United States and in Colorado. The information will be presented to the advisory committee upon which a method for implementation within Pueblo will be chosen. Task 9: Write Technical Memorandum detailing Phase II Implementation. A summary report of the process and results of the Phase II Implementation project will be written and submitted to the City of Pueblo at the completion of the project. E Appendix C July 7, 2003 Hourly Rates and Expense Reimbursement Provisions Position Principal in Charge Professional Engineer Project Engineer Project Programmer GIS/Data Base Technician Hourly Rate $150.00 $95.00 $65.00 $70.00 $70.00 Public Education Coordinmor $85.00 $65.000 $55.00 Technical Writer $50.00 Graphic Artist Administrative Assistant Expenses will be billed at 5% of labor charges and will include telephone, photocopying, computers, travel mileage and expenses, and other miscellaneous expenses. Expenses do not include sub consultants.