HomeMy WebLinkAbout10117RESOLUTION NO. 10117
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND
ARCADIS G &M INC., IN THE AMOUNT OF $4,500.00 FOR PROFESSIONAL SERVICES
ASSOCIATED WITH UPDATING THE RISK MANAGEMENT PLAN FOR THE JAMES R.
DIIORIO RECLAMATION FACILITY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
An agreement dated May 11, 2004, 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 Arcadis G &M, Inc., is hereby approved.
SECTION 2_
Funds for said professional services shall be paid from Account No. 525 - 4105 - 432- 30 -05.
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 10, 2004
Background Paper for Proposed
RESOLUTION
A )Qt - - Rio /i7
AGENDA ITEM # 1
DATE: MAY 10, 2004
DEPARTMENT: WASTEWATER
Gene Michael, Director
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND ARCADIS G &M INC., IN THE AMOUNT OF $4,500.00 FOR
PROFESSIONAL SERVICES ASSOCIATED WITH UPDATING THE RISK
MANAGEMENT PLAN FOR THE JAMES R. DIIORIO RECLAMATION FACILITY
ISSUE
Should the City of Pueblo enter into an agreement with Arcadis G &M, Inc. for
professional services associated with updating the Risk Management Plan for the
James R. Dilorio Water Reclamation Facility?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The James R. Dilorio Water Reclamation Facility treats wastewater generated
within the City of Pueblo and discharges finished water to the Arkansas River.
The effluent is disinfected to kill potentially harmful microorganisms using
gaseous chlorine, and residual chlorine must be removed prior to discharging the
effluent to the river to prevent toxicity to aquatic life. As a result of these
processes the Water Reclamation Facility stores bulk quantities of chlorine and
sulfur dioxide in gaseous form. Federal regulations require facilities with bulk
quantities of potentially hazardous chemicals to prepare Risk Management Plans
that analyze the potential hazards associated with accidental chemical releases,
and to update those plans periodically to reflect changes in conditions. The next
update of the Risk Management Plan for the James R. Dilorio Water
Reclamation Facility is due in June 2004.
Arcadis G &M, Inc. prepared the existing Risk Management Plan for the City of
Pueblo in 1999. Arcadis G &M, Inc. has extensive expertise in the federal risk
management planning process and, because they have maintained the files for
Pueblo's Risk Management Plan, they are able to perform the update rapidly and
efficiently.
FINANCIAL IMPACT
Funds for this agreement were appropriated in the 2004 Wastewater Department
budget and are available in Account No. 525 - 4105 - 432- 30 -05. The fees will be
paid from the Sewer User Fund.
AGREEMENT
FOR PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered this 11' day of May, 2004, by and between the City of
Pueblo, a Municipal Corporation ( "Client ") and ARCADIS G&M, Inc. ( "Engineer ") for Engineer to render professional
engineering and related consulting services for Client with respect to review and revision of the Risk Management Plan
for the James R. DiIorio Water Reclamation Facility, as required by federal regulation, 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) Engineer shall satisfactorily perform the professional engineering and consulting services for the
Project described in more detail in Schedule 1 attached hereto. Such services may include all usual and customary civil,
sanitary, mechanical and electrical engineering services including any required cost estimating and economic analysis
services incident to its work on the Project.
(b) To the extent Engineer performs any of the Project work through subcontractors, Engineer 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 Engineer.
SECTION 2. ENGINEER'S RESPONSIBILITIES
(a) Engineer shall be responsible for the professional quality, technical accuracy and timely completion of
Engineer's work, including that performed by Engineer's consultants and subcontractors, and including drawings, reports
and other services, irrespective of Client's approval of or acquiescence in same.
(b) Engineer shall be responsible, in accordance with applicable law, to Client for all loss or damage to
Client caused by Engineer's negligent act or omission; except that Engineer hereby irrevocably waives and excuses Client
and Client's attorneys from compliance with any requirement 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) Engineer shall be completely responsible for the safety of Engineer's employees in the execution of
work under this Agreement and shall provide all necessary safety and protective equipment for said employees.
(d) Engineer acknowledges that completion of the comprehensive rate study reports as described in the
Basic Services, shall be accomplished by June 16, 2004.
(e) Before undertaking any work or incurring any expense which Engineer considers beyond or in addition
to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Engineer shall
advise Client in writing that (i) Engineer considers the work beyond the scope of this Agreement, (ii) the reasons that
Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of
such work. Engineer 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 Engineer shall be compensated for its direct costs and professional time at the rates set
forth in Schedule of Hourly Rates attached hereto.
SECTION 3. FEES FOR SERVICES; PAYMENT
(a) Client will pay to Engineer as full compensation for all services required to be performed by Engineer
under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum
sum of U.S. $4.500.00 . computed in accordance with the Schedule of Hourly Rates attached hereto.
(b) Engineer 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 of Hourly Rates attached hereto, and shall contain appropriate
documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Engineer
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 of Hourly Rates.
(d) No compensation shall be paid to Engineer for services required and expenditures incurred in
correcting Engineer'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) of this Agreement.
(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, Engineer acknowledges that funds only in the amount of initial appropriation are
available and it shall confirm availability of fiords before proceeding with work exceeding initial and subsequent annual
appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES
(a) Client agrees to advise Engineer regarding Client's Project requirements and to provide all relevant
information, data and previous reports accessible to Client, which Engineer may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Engineer 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. Unless otherwise designated after the date of this Agreement, Clients Project
Representative shall be Gene Michael, Wastewater Director, 211 East "D" Street, Pueblo, Colorado. 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 $5,000 or 10% of the maximum contract price, whichever is greater.
(c) Client shall examine all documents presented by Engineer, and render decisions pertaining thereto
within a reasonable time. The Client's approval of any drawings, specifications, estimates, reports, documents or other
materials or product furnished hereunder shall not in any way relieve Engineer 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 Engineer 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 Engineer's performance hereunder, at any time
upon written notice, either for cause or for convenience. Upon such termination, Engineer and its subcontractors shall
cease all work and stop incurring expenses, and shall promptly delivery to Client all data, drawings, specifications,
reports, plans, calculations, summaries and all other information, documents and materials as Engineer 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 not the fault of Engineer, Engineer shall be
paid at the rates specified in the Schedule of Hourly Rates for all services rendered and reasonable costs incurred to date
of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could
not be avoided or were incurred in mitigating loss or expenses to Engineer or Client. In no event shall payment to
Engineer upon termination exceed the maximum compensation provided for complete performance in Section 3(a).
(c) In the event termination of this Agreement or Engineer's services is for breach of this Agreement by
Engineer, or for other fault of Engineer 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 C1ienVs Project Representative, then in any of such events, Engineer's entire right to
compensation shall be limited to the lesser of (a) the reasonable value to Client of completed work or (b) payment at the
rates specified in the Schedule of Hourly Rates for services satisfactorily performed and reimbursable expenses
reasonably incurred, prior to date of termination.
(d) Engineer'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, estimates, reports and all other documents prepared or
provided by Engineer 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 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 Engineer 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 any applicable state or federal regulations.
SECTION 8. INSURANCE AND INDEMNITY
(a) Engineer 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 Engineer 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) Comprehensive General and Automobile Liability Insurance with limits not less than Six
-3-
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) Engineer agrees to hold harmless, defend and indemnify Client from and against any liability to third
parties, arising out of negligent acts or omissions of Engineer, its employees, subcontractors and consultants.
SECTION 9. SUBCONTRACTS
(a) Client acknowledges that Engineer is the prime contractor and the only party with whom Client has a
contractual relationship under this Agreement. To the extent Engineer performs any Project activities through
subconsultants or subcontractors, Engineer 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) Engineer shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Engineer.
(c) Engineer 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 Engineer assigns principal responsibility for
services performed under this Agreement. Consequently, Engineer shall identify in writing to Client the individual(s)
assigned to each task prior to proceeding with the given task, and client shall advise Engineer of any reasonable objection
thereto within 10 days of receipt of such identification. Engineer shall not change consultants or key personnel except
after giving notice of a proposed change to Client and receiving Client's consent thereto. Engineer 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 Engineer 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 the Client, Attention:
Gene Michael, 211 East "D" Street, Pueblo, Colorado, or to Engineer at
630 Plaza Drive, Suite 200, Highlands Ranch, Colorado, 80129 . 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.
CE
(b) Entire Agreement This instrument contains the entire agreement between Engineer and Client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of
either Client or Engineer 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 Engineer 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 of Engineer 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
Engineer nor its consultants shall discriminate against any employee or applicant for employment because of race, color,
religion, sex, national origin, disability or age. Engineer shall endeavor to insure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or
age.
(g) Severabilitv If any provision of this Agreement 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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
CITY OF PUEBLO, A MUNICIP ORPORATION
ATTEST:
,-„��L�(.cu� By
City Cy President o e City Council - Randy Thurston
V . . D
Fall
SCHEDULE I
Scope of Work for Arcadis G &M, Inc.
Updating the Risk Management Plan for the James R. DiIorio Water Reclamation Facility
IN
04/28/2004 WED 13:21 FAX Z002/003
ARCADIS
Infrastructure, buildings, environment, communications
ARCADIS GaM, Int,
630 Plaza Drive
Suke 200
Highlands Ranch
Mr. Gene Michael
Colorado 90129
City of Pueblo, Wastewater Director
Tel 720 344 33oo
211 E. D Street
Fax 720 344 3535
Pueblo, CO 81003
vvww.arcadls- us.com
Subject:
Environmental
Proposal to Update and Revise the Existing Risk Management Plan
Dear Mr. Michael:
ARCADIS is pleased to provide you with this letter proposal to update and revise the
o4a:
19 April 2004
existing City of Pueblo, CO, Risk Management Plan (RMP) in accordance with your
telephone request for a proposal. The proposed scope of services for this project will
include the following:
Contam
Bruce A. Bush
• Confirm and update registration information as needed,
Phone;
• Revalidate the Process Hazard Analysis,
720.344.3761
• Update the Worst Case and Alternate Case Release Scenarios dispersion
atmaysis to reflect changes in the past five years, if needed,
Erman:
• Update the Worst Case and Alternate Cases Release Scenarios consequence
bbush ®an„adis- us.com
analysis to reflect the most recent census data,
• Update your five -year accident history, if needed,
• Update prevention program procedure and program review and revision data,
as needed,
• Update the PM for submission using RMPSubmit to reflect changes in the
RMP,
• Perform an RMP audit to verify program status, and,
• Provide training in the RMP rule, off -site consequence analysis, process
hazard analysis, and auditing.
The project will be completed as a lump sum project for $4,500. ARCADIS will
provide the City of Pueblo with a Purchase Order for Professional Services for
signature if you intend to authorize this work.
ARCADIS is prepared to commence work on this project within two weeks of
receiving authorization to proceed. All work will be completed in a timely manner to
ensure compliance with applicable regulatory requirements and the needs of the City
of Pueblo.
i^
Part or a bigger picture
04/28/2004 WED 15:22 FAX Q 009 /009
ARCADIS City of Pueblo RMP
April 19, 2004
ARCADIS appreciates the opportunity to serve the City of Pueblo on this project.
Please do not hesitate to call Bruce Bush at 720 - 344 -3761 if you have any questions
or concerns regarding this proposal.
Sincerely,
ARCADIS G&M, Inc.
e�� /,..,
Alan Hurley
Area Manager
copies:
Bnroe Bush
�— Chron File
Iles proposal and its contents shall not be duplicated used or distbsed --in whok grin part for any pu /pose
other than to mluate the proposal, This proposal is not Intended to be 009 or form the teems Ofa contract
The scope and price of this proposal M be mversadad by the contract. If this proposal is accepted anda contract
& avwrobd to ARCADIS as a re UIt o1—Of in connection with -6e submkWon of I is proposal, ARCAUS andlor
the then shall have the right to make appropriate reOws of Its terms In dudng scope and price for purposes
of the contrail further, dient shall have the right to duplicate, use or disclose the data conmkled in this proposal
only to the artent provided !n the resulting contract.
GmPrejecfru@WowWrPPm"d%wuebb WIN RMP Propmal 04199Gdw