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HomeMy WebLinkAbout10195RESOLUTION NO. 10195 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $24,475.00 AND SETTING FORTH $3,670.00 IN CONTINGENCIES TO ROTHBERG, TAMBURINI AND WINSOR, INC., TO PERFORM A GEOHYDROLOGY STUDY AND DESIGN A DEWATERING SYSTEM FOR THE JAMES R. DIIORIO WATER RECLAMATION FACILITY WHEREAS, The City of Pueblo owns, operates and maintains a water reclamation facility subject to the requirements of the federal Clean Water Act and the Colorado Water Quality Control Act, and WHEREAS, Maintaining proper operation of the facility requires periodic maintenance to structures that requires emptying those structures of process water, and WHEREAS, Some structures are subject to damage from groundwater pressure when dewatered; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: .qFr.T101\1 1 A contract in the amount of $24,475.00 and setting forth $3,670.00 in contingencies is hereby awarded to Rothberg, Tamburini and Winsor, Inc., to perform a geohydrology study and design a dewatering system for the James R. Dilorio Water Reclamation Facility. SECTION 2. The Purchasing Agent is hereby authorized to execute said contract on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds for said project have been appropriated and shall be expended from the Sanitary Sewer User Fund, Project No. WW0307. INTRODUCED Auqust 9, 2004 7P;U Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: AUGUST 9, 2004 DEPARTMENT: WASTEWATER Gene Michael, Director TITLE A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $24,475.00 AND SETTING FORTH $3,670.00 IN CONTNGENCIES TO ROTHBERG, TAMUBURINI AND WINSOR, INC., TO PERFORM A GEOHYDROLOGY STUDY AND DESIGN A DEWATERING SYSTEM FOR THE JAMES R. DIIORIO WATER RECLAMATION FACILITY. ISSUE Should the City Council approve a resolution awarding a contract in the amount of $24,475.00 and setting forth $3,670.00 in contingencies to Rothberg, Tamuburini and Winsor, Inc., to perform a geohydrology study and design a dewatering system for the James R. Dilorio Water Reclamation Facility? RECOMMENDATION Approval of Resolution BACKGROUND The James R. Dilorio Water Reclamation Facility treats wastewater collected from the City of Pueblo. The Water Reclamation Facility is located near the Arkansas River at the east end of Stockyard Road. Part of the treatment process is carried out in partially buried concrete tanks. The buried tanks are subject to pressure from groundwater in the surrounding soil. The tanks are normally filled with water, and the pressure of water contained in the tanks normally opposes the pressure exerted by groundwater, so that internal and external pressures on the tank walls are balanced. However, when the tanks must be emptied for maintenance, the pressure exerted by groundwater is capable of damaging the concrete walls of the tank. This �"' occurred in 2000, when the floor of a tank was broken by groundwater pressure. In order to allow for periodic maintenance work to be performed without damaging the structures, it is necessary to lower the groundwater level. ,.-. Dewatering will only be performed when a tank needs to be emptied. To satisfy Colorado water rights, groundwater will be discharged to the Arkansas River to which it is tributary. The first phase of the proposed project includes a study of geohydrology to determine the elevation of the water table, fluctuations in water table elevation, sources of groundwater, and the influence of factors like sedimentation in the Arkansas River on water table elevation. The first phase of the project also includes design of a network of dewatering wells that can be used to lower the water table near a structure that requires maintenance so that the structure can be drained without damage. The second phase of the project, spread over several years, will involve permitting and constructing a series of dewatering wells. Three proposals were received from consulting engineering firms for this project. A summary sheet is attached. The proposals were evaluated on the basis of the experience of each firm, the expertise of the staff and subcontractors participating in the project, the consultant's understanding of the project and approach to the project, and the cost of the project. Based on this evaluation, Rothberg, Tamuburini and Winsor, Inc. was selected as the lowest and best respondent. � FINANCIAL IMPACT Funding for this project will come from the Sewer User Fund. Adequate funds are available and funding for the project was appropriated in the 2004 budget. i— STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 11 day of August , 2004 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Rothberg, Tamburini and Winsor, a professional engineering firm (hereinafter 'Engineer ") for Engineer to render certain professional engineering and related services for Owner in connection with ground water dewatering system for the Jim R. DiIorio Water Reclamation Facility, Project 04 -066, hereinafter referred to as the "Project." hi consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL 1.1 Engineer shall satisfactorily perform professional engineering services for all phases of Project indicated below by mark placed in the appropriate box or boxes: x❑ - Study and Report Phase, Preliminary Evaluation ❑X - Preliminary Design Phase, Dewatering Plan ❑ - Final Design Phase including preparation of Bid Documents ❑ - Construction Phase Upon completion of any phase, Engineer shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional engineering consultation and advice and the furnishing (directly or through its professional consultants) of customary and usual civil, structural, mechanical and electrical engineering services. Engineer shall also provide any architectural, landscape architectural and surveying services incident to its work on the Project. 1.2 In performing the professional services, Engineer shall complete the work items described generally in Appendix A - Scope of Services and the items identified in Section 2 of this Agreement which are applicable to each phase for which Engineer is to render professional services. 1.3 Professional engineering services shall be performed under the direction and supervision of a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado. All reproductions of drawings produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of such registered Professional Engineer. 1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed under the Direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear the seal of said Professional Land Surveyor. SECTION 2. ENGINEER SERVICES 2.1 Study and Report Phase If Engineer is to provide professional services with respect to the Project during the Study and Report Phase, Engineer shall: (a) Consult with Owner to determine his requirements for the Project and review available data. (b) Advise Owner as to the necessity of his providing or obtaining from others data or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services. (c) Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (d) Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. (e) Provide general economic analysis of Owner's requirements applicable to various alternatives. (f) Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the alternative solutions available to Owner, and setting forth Engineer's findings and recommendations with opinions of probable costs. (g) Furnish 5 copies of the Report and present and review it in person with 1607M- 2.2 Preliminary Design Phase If Engineer is to provide professional services with respect to the Project during the Preliminary Design Phase, Engineer shall: (a) Consult with Owner and determine the general design concept and Project requirements based upon information furnished by Owner as well as any study Report on the Project. (b) Prepare and submit to Owner preliminary design documents consisting of final design criteria, preliminary drawings, an outline of specifications, and written descriptions of all significant features of Project. (c) Prepare and submit to Owner a requirements checklist of any subsurface investigation, additional data, permits, or other information and requirements which is anticipated -2- will be necessary for the design or construction of Project. (d) Provide written disclosure to Owner of significant design assumptions and design risks inherent in or presented by design alternatives, and make recommendations to Owner based thereon. (e) Prepare and submit to Owner a preliminary cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, costs of land and rights of way, compensation for damages and finance costs, if any. (f) Engineer shall furnish 5 copies of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.3 Final Design and Bidding Phase If Engineer is to provide professional services with respect to the Project during the Final Design Phase, Engineer shall: (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirement therefor. Such plans and Specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant design risks inherent in or presented by design choices. (d) Based upon Engineer's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and right ofway costs, damages and finance costs, if any. (e) Prepare and submit to Owner draft forms of contract agreement, general and special conditions, bid forms invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, engineer shall consider and incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specifications. (f) After review and comment by Owner, prepare and submit final forms of IN contract agreement, general and special conditions, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. 5 copies ofthese final bid documents shall be furnished to Owner. (g) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (h) Attend a pre -bid conference with bidders to discuss Project requirements and receive requests for clarification, if any, to be answered by Engineer in writing to all plan holders. (i) Consult with and make recommendations to Owner concerning: acceptability of bidders, subcontractors, suppliers, materials, equipment, suitability of proposed "or equals ", amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Engineer's advice. 2.4 Construction Phase If Engineer is to provide professional services with respect to the Project during the Construction Phase, after award by the Owner of a general contract or contracts for construction of the Project, Engineer shall: (a) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the Project, except that any specific provisions set forth in Appendix A - Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level of observation. (c) Make determinations as to whether the work is proceeding in accordance and compliance with the construction contract documents. (d) Promptly advise the Owner in writing of any omissions, substitutions, defects or deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project. (e) Reject any work on the Project that does not conform to the contract documents. (f) On request of the Owner, the construction contractor or any subcontractor on the Project, issue written interpretations as to the Drawings and Specifications and requirements of the construction work. -4- (g) Review shop drawings, samples, product data and other submittals of the contractor for conformance with the design concept of Project and compliance with the Drawings, Specifications and all other contract documents, and indicate to Contractor and Owner with respect thereto, any exceptions noted, or modification or resubmittals required. (h) Review all applications of Contractor for payment and in connection with same, issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Engineer's representation to Owner that he has inspected the Project and that to the best of his knowledge, the work for which payment has been sought has been completed by Contractor in accordance with the Drawings, Specifications and other contract documents. (i) Subject to written concurrence by Owner, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. 0) Draft, for Owner's consideration, and offer recommendations upon, all proposed change orders and contract modifications. (k) On application for final payment by the Contractor, make a final inspection of the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, as- built drawings, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (1) The Engineer shall if so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or Contractor, the Engineer shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretations and decisions of the Engineer shall be final and binding on the Contractor and Owner, unless the Director of Public Works of the Owner shall, within seven calendar days after receipt of the Engineer's interpretation or decision, file his written objections thereto with the Engineer and Contractor. 2.5 Additional Responsibilities This paragraph applies to all phases of Engineer's work. (a) Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Engineer's work, including that performed by Engineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work. (b) Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Engineer's negligent act or omission; except that Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any -5- 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. (c) Engineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project. (d) Engineer shall be completely responsible for the safety of Engineer's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Engineer's employees. (e) Engineer acknowledges that, due to the nature of engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Engineer represents that Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Engineer shall not assignor reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Engineer shall designate in writing a Project representative who shall have complete authority to bind Engineer, and to whom Owner should address communications. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order in which Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Engineer will not be responsible for delays beyond his control. (g) Before undertaking any work which Engineer considers beyond or in addition to the scope of work and services which Engineer has contractually agreed to perform under the terms of this Agreement, Engineer shall advise Owner in writing (i) that Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the 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 such out of scope or additional work until authorized in writing by M Owner. 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 his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ". SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer, obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving -7- policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. SECTION 4. TIME FOR PERFORMANCE Engineer's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this Agreement. SECTION 5. PAYMENT 5.1 Owner 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, those maximum amounts set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. 5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount, for actual professional services rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Engineer for the amount of the application within 40 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that Owner will not be required to pay more than 90% of the maximum amount unless the Engineer's services on the Project phases for which this Agreement is applicable have been completed to Owner's satisfaction and all required Engineer submittals have been provided. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule." 5.4 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 Appendix B - "Fee Schedule." 5.5 No compensation shall be paid to Engineer for services required and expenditures incurred in correcting Engineer's mistakes or negligence. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph 2.5(g). SECTION 6. TERMINATION 6.1 The Owner 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 EM termination, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other information, and materials as Engineer may have accumulated in performing this Agreement, together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer, Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" 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 Owner or Engineer. In no event shall payment to Engineer upon termination exceed the maximum compensation provided for complete performance in paragraph 5.1 and Appendix B. 6.3 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 services with that level of care and skill ordinarily exercised by professional Engineers specializing in the design of ground water dewatering systems, or to perform work in a manner deemed unsatisfactory by Owner's Director of Public Works, then in that event, Engineer's entire right to compensation shall be limited to the reasonable value of completed work to the Owner as determined by Owner's Director of Public Works for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.4 Engineer's professional responsibility for his completed work and services shall survive any termination. SECTION 7. GENERAL PROVISIONS 7.1 Ownership of Documents All designs, Drawings, Specifications, technical data, and other documents or instruments procured or produced by the Engineer in the performance of this Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Engineer agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project, without adaptation by Engineer, Owner shall hold harmless and indemnify Engineer from all loss, claims, injury and judgments arising from the use of such designs, Drawings or Specifications for such other project. 7.2 Insurance and Indemnity (a) Engineer agrees that he has procured and will maintain during the term of this Agreement, such insurance as will protect him from claims under workers' compensation acts, claims In for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his 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 Four Hundred Thousand and No /100 Dollars ($400,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, Four Hundred Thousand and No /100 Dollars ($400,000.00) per occurrence for property damage, and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form, and with a deductible, acceptable to Owner. (c) Engineer agrees to hold harmless, defend and indemnify Owner from and against any liability to third parties, arising out of negligent acts, errors or omissions of Engineer, his employees, subcontractors and consultants. 7.3 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 the Owner or the Engineer 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 Owner, Attention: Dan Centa, Department of Public Works or to the Wastewater Engineer at the City of Pueblo, 211 E. "D" Street, Pueblo, Colorado. 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. 7.4 Entire Agreement This instrument contains the entire agreement between the Owner and the Engineer respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either the Owner or the Engineer in relation thereto not expressly set forth in this instrument is null and void. 7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Engineer may be assigned by him without the written consent of the Owner. 7.6 Amendments No amendment to this Agreement shall be made nor be enforceable -10- unless made by written Amendment signed by an authorized representative of Engineer and by Owner's Director of Public Works. 7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. 7.8 Equal Employment Opportunity In connection with the performance of this Agreement, Engineer shall not 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. 7.9 Severability If any provision ofthis Agreement, except for Section 2.5, 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 2.5 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. 7.10 Appropriations Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated for this Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Engineer shall confine availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 8. DISPUTES 8.1 Any dispute or disagreement between Engineer and Owner arising from or relating to this Agreement or Engineer's services or right to payment hereunder shall be determined and decided by the Owner's Director of Public Works whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P. 8.2 Pending resolution of any dispute or disagreement, or judicial review, Engineer shall proceed diligently with performance of his work under this Agreement. SECTION 9. APPENDICES 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services" consisting of 2 pages. Appendix B - "Fee Schedule" consisting of 1 page. -11- Appendix B - "Fee Schedule" consisting of _.L page Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility." 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 �. By President o ity Council Attest: City C k [SEAL] Gt/� 'uc , - ,,1 4 �xE3 c�; r✓'c !i� Cc- �t�S V tjv�- i rsw I rc BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. r f Director of Finance APPROVED AS TO FORM: City Attomey F.'rrr UBI.IC- NIFORMSIFROFSVMWPD - APPENDIX A TO CONTRACT BETWEEN CITY OF PUEBLO, COLORADO AND ROTHBERG, TAMBURINI & WINSOR, INC. GROUNDWATER SYSTEM for the JRD WATER RECLAMATION FACILITY 1, UMU 6 7� This Appendix is attached to and made a part of the Agreement dated August 12, 2004, between the CITY OF PUEBLO ( "City "), and Rothberg, Tamburini & Winsor, Inc. ( "Engineer "). PROJECT SUMMARY This Appendix to the Agreement covers specific engineering services for the Groundwater System for the JRD Water Reclamation Facility Project (hereinafter and in this scope of work referred to as "The Project "). Engineer shall perform the services defined below which are divided into the following four (4) phases for the study planning, preliminary design, final design, and construction of the project to meet the City's budgeting process and to optimize construction: Phase 1 — Study and Report Phase Phase 2 — Preliminary Design Phase 3 — Final Design/Bidding Phase 4 — Construction The first phase of work shall be accomplished with a preferred groundwater system alternative selected by early November 2004 so that the City may refine the design and construction cost budget and be ready to proceed with preliminary and final design and the remainder of the work early in 2005. The RTW team has planned the work this way so that a minimal amount of study funds shall be expended in 2004 and the remainder of the work shall be done under future budgets. The construction activities have been scheduled so that the influence of rising water in Arkansas River has the lowest impact possible on the installation of whatever groundwater control system is selected. The project schedule assumes that construction shall be performed when Arkansas River is at its lowest level. THE INITIAL SCOPE OF WORK IN THE LETTER AGREEMENT SHALL INCLUDE ONLY THE PHASE 1 — STUDY AND REPORT PHASE FOR AN ENGINEERING FEE OF $24,475. THE SCOPE OF WORK PROPOSED FOR PHASES 2, 3, 4 AND 5 SHALL BE NEGOTIATED AND INCLUDED IN AN AMENDMENT TO THIS CONTRACT 1L + /IIYO�YaxiJl111i� PHASE 1 — STUDY AND REPORT PHASE The RTW team shall prepare a groundwater study and report for the recommended groundwater dewatering facilities for the Pueblo JRD Water Reclamation Facility (WRF). The purpose of the study is to identify the potential for groundwater to damage structures and a means for avoiding such damage. The focus of the plant - wide dewatering system is to lower groundwater levels temporarily to protect the secondary clarifiers and other concrete structures susceptible to structural damage by groundwater when they are emptied, such as during time periods when routine maintenance is required. Recommendations shall be made that include modifications to existing structures to make them less susceptible to groundwater damage. The RTW team shall also identify permits required for the dewatering system, including recordkeeping and recording requirements. The RTW team shall evaluate the one (1) existing, permitted well and the four (4) construction dewatering wells and make recommendations concerning their future use or removal. The one existing permitted well has a stainless steel casing located in the middle of the three secondary clarifiers and is approximately 25 to 30 feet deep. The four (4) other existing dewatering wells with PVC casing are approximately 20 to 25 feet in depth and are located west and north of the existing secondary clarifiers. Since the four (4) dewatering wells are not functioning, are not permitted, and have not been used recently, the State of Colorado wants them capped, sealed and decommissioned. However, the City would prefer keeping them in service, if they can be used in an overall groundwater control system. PROJECT MANAGEMENT The following project management and coordination activities shall be provided. Assign and supervise project staff Monitor the project schedule. Plan and monitor project work task budgets. Perform Engineer's project accounting and bookkeeping. Prepare and submit Engineer's monthly invoices to the City. Engineer shall provide monthly progress reports with a summary with each billing that describes the project progress to date, present financial status, and identify potential problem areas and solutions. Maintain project files and documentation at the office of the Engineer 7. Execute and coordinate subcontracts with subconsultants. A kick -off workshop shall be held in late - August 2004 for project planning. Workshop objectives include reviewing project scope and schedule, delineating responsibilities and lines of communication, collecting and reviewing existing data, identifying additional data requirements, and discussing the concerns and expectations of the City personnel for the first phase of the project. After the workshop, the RTW team shall perform a site tour with the City staff to review the headworks, primary clarifiers, aeration basins, secondary clarifiers, anaerobic digester building, solids processing building, chlorine contact basin and any other structures to review evidence of groundwater damage and potential for damage from groundwater based on a review of the plant and headworks building construction documents. The RTW team shall prepare meeting minutes and findings for distribution to the City staff within seven (7) days of the workshop. DATA COLLECTION AND FIELD ANALYSIS Based on information obtained from the City of Pueblo, and our experience with similar projects, the RTW team shall characterize the hydraulic conductivity of the subgrade materials through the performance of draw down testing using the existing temporary construction dewatering wells at the site. Testing shall be performed using a variable speed pump with a maximum pump rate on the order of 300 gallons per minute. To accurately record the change in water levels in adjacent wells, Terracon shall install vented vibrating wire piezometers in selected wells that shall be connected to electronic data loggers. The vibrating wire piezometers transmit minute changes in water pressure and temperature at preprogramed intervals ranging from about 2 seconds to as long as 5 hours. The changes in water pressure shall be converted to changes in water levels and compared with the pump discharge rates to characterize the hydraulic conductivity for use in reviewing dewatering options. Subsequent to selection of the chosen groundwater dewatering alternative, the RTW team shall review the data collected and prepare, if necessary, a supplemental work plan that may involve additional field - testing or exploration. The field investigation and data collection effort shall be accomplished to determine the following: 1) if the existing dewatering wells are adequate for use as the dewatering system, 2) if improvements to these wells are needed, and 3) what pumping capabilities must be provided. Once the characteristics of the alluvium are established, the need for additional wells shall be assessed. The RTW team shall also determine the value of converting the existing permitted dewatering well permanently to a piezometer or using the existing permitted dewatering well or the four (4) other existing dewatering wells as part of the comprehensive groundwater system. 10CiN!_chJ/ WA 611!1►[siBlV10 The following data and information shall be reviewed and summarized: 1. History of sediment deposition in and flow records of the Arkansas River relative to groundwater elevations based on United States Geological Survey (USGS) studies and other information to determine whether sediment deposition is a likely cause of significant rise in water table elevation, 2. Information from available geotechnical reports, logs, groundwater monitoring well logs from plant and headworks building construction and other projects, 3. Plant construction and headworks building construction documents to identify structures and equipment at risk of damage by groundwater, 4. Other easily accessible groundwater information. This data shall be reviewed for historical trends in groundwater level changes at the site and geotechnical conditions that may impact potential dewatering options. REVIEW REGULATIONS AND IDENTIFY PERMITS The RTW team shall review the existing groundwater dewatering regulations and Division 2 permit requirements issued by the Colorado Division of Water Resources - State Engineer's Office, the Colorado Department of Health and Environment (CDPHE), City and County of Pueblo, and local authorities having jurisdiction over groundwater within the project area. DEVELOP CONCEPTUAL DEWATERING ALTERNATIVES Upon completion of the data collection, a maximum of three (3) dewatering system alternatives shall be considered that are compliant with applicable State regulations: 1. Groundwater level controls through pumping the existing groundwater wells and install larger pumps. Groundwater level controls using the existing wells and supplement them by drilling 5 to 6 additional wells for a total of 10 to 12 wells. 3. Groundwater level controls using a physical groundwater control barrier, such as a slurry walls, sheet pile walls or cut -off trenches in conjunction with dewatering wells. These alternatives represent the range of technical solutions from the simplest to the most complex. They also represent the range of systems that may have higher chances for success. EVALUATE ALTERNATIVES Capital, operational, and total life cycle costs shall be developed for each alternative during the feasibility study. The RTW Team shall compare the following to make a preliminary alternative recommendation: 1. Overall system costs, 2. The complexity of the alternative systems, and 3. The level of protection afforded by the various dewatering systems. The preliminary analysis shall take into account the system costs. The recommendation shall be developed with an eye toward providing an effective dewatering system that does not require an exceptional operational commitment or capital investment. While costs are important, the protection being acquired by making the expenditure must also be adequate. COMPARE COSTS OF ALTERNATIVES An opinion of probable construction costs, including equipment, construction and operating costs shall be prepared. f�: 717:\ :7��:7�1�11 \:a• /:7�I1 �]�II The results of the analysis shall be presented in technical report that represents a design completion level of approximately 30 %. The technical report shall include the following: 1. Groundwater elevations that pose a risk for primary and secondary clarifiers when clarifiers are dewatered for maintenance 2. Recommended modifications to existing clarifiers to reduce the damage from groundwater, including pressure relief valves or other alternatives 3. Recommended clarifier protection and groundwater system improvements, 4. Where and how the recommended facilities shall be located on the WRF site, and I 5. What other supporting infrastructure (piping, power supplies, controls, access etc.) are needed 6. Recommendations for system operation, and 7. Outline specifications to be prepared during the preliminary design phase. Fifteen (15) copies of the preliminary report shall be prepared. Fifteen (15) copies of a preliminary executive summary shall be prepared. WORKSHOP NO. 2 — REVIEW PRELIMINARY REPORT Workshop No. 2 shall be held approximately 2 weeks after the preliminary report has been submitted for City staff review. The City staff comments on the preliminary report shall be reviewed. PREPARE FINAL REPORT The City comments on the preliminary report shall be incorporated. Fifteen (15) copies and one (1) reproducible copy of the preliminary report shall be prepared. An executive summary of the final report shall be prepared. Fifteen (15) copies of the executive summary shall be prepared. THE FOLLOWING SCOPE OF WORK PROPOSED FOR PHASES 2, 3, 4 AND 5 SHALL BE NEGOTIATED AND INCLUDED IN AN AMENDMENT TO THIS CONTRACT WITH THE CITY. PHASE 2 - PRELIMINARY DESIGN After the first phase is complete, the RTW team anticipates a 6 to 8 week period before Phase 2 begins. During this time, the City may wish to review the preliminary design memo in greater detail and ask questions of the design team. Once the second phase begins in early 2005, the RTW team shall update the design memo and refine the recommended layout. This update shall be used as the basis for the "high - production" efforts of the detailed design phase. Detailed design shall encompass plans and specifications for the recommended improvements. The design documents shall include the following: 1. Design assumptions, 2. Dewatering well number and locations, 3. Well diameters and depths, 4. Pump specifications, 5. Well head protection including concrete pad, grouting, and provision of water table elevation measurement, 6. Discharge piping, 6 7. Electric service including local panel- mounted starter /disconnect, 8. Flow metering, 9. Groundwater treatment systems, 10. Structural improvements, if any, 11. Extensions of existing support utilities, and 12. A groundwater level monitoring system. An update of the opinion of probable construction costs, including equipment, construction and operating costs shall be made at the completion of this effort. The RTW team shall also evaluate the need to rehabilitate the existing permitted and other wells to ensure that the well casing, electric service, flow meter, wellhead protection, and permit meets current requirements. The RTW team shall also evaluate the usability of other City existing equipment, such as submersible and vertical turbine pumps, in a groundwater management system. The RTW team shall prepare bid documents for use in soliciting competitive bids from qualified contractors. The RTW team shall also discuss the various procurement options with the City. RTW has had good success recently using a prequalification process for developing a list of qualified contractors. This results in competitive bids with less risk of receiving low bids from under- or unqualified contractors. The RTW team suggests the City consider this option in selecting a construction contractor. Any changes in the design shall be presented in an amendment to the design memorandum. This shall be used to support permit applications for dewatering well construction and discharge of the water back into the environment. Permit applications shall be made so that when the project design is completed, the work shall be ready to proceed immediately. PHASE 3 - FINAL DESIGN /BIDDING Final design represents the effort to move from an 80% level of completion to a set of bidding documents. Final details shall be added, particularly in the area of electrical and instrumentation. Bid documents shall be completed based on the City's procurement requirements and supporting technical specifications. A final estimate of probable construction cost shall be prepared. The RTW Team shall meet to review the completed package with the City and to firmly establish the bidding schedule. The RTW team have developed this work plan under the assumption the City shall be primarily responsible for the bidding efforts (document distribution, coordination with bidders, scheduling, issuing addenda, etc.). The RTW Team shall be available to respond to technical questions and to prepare responses to these questions that can be incorporated into an addendum. Upon receipt of bids, the RTW team shall review the bids and prepare a memorandum, recommending award. If prequalification is used, this is typically a short, relatively expedient process. 19: E Vy x R K NO) . &I r : i e i. e r c • � .19 : r: T� The work schedule has been developed to allow construction in spring of 2005. The RTW team anticipates a construction period of 8 to 10 weeks. Our level of effort includes review of shop drawings for a dewatering system consisting of new pumps in the existing wells and piping to manage the water discharge. The RTW team also has planned for mechanical and electrical submittals for the new pumping equipment. For the purposes of budgeting and estimating a level of effort, the RTW team have assumed the city shall perform day -to -day inspections and that staff from the Terracon Pueblo and RTW Denver offices shall be on -site periodically to observe construction. The RTW team shall review pay applications and requests for change orders and make recommendations to the City. During construction, the RTW team shall update the City's operations and maintenance manual to incorporate new standard operating procedures for the dewatering system. When construction has reached substantial completion and the dewatering system is ready to undergo testing, the RTW team shall visit the site and observe initial operations. Once the system operation has been demonstrated, the RTW team shall finalize the standard operating procedures. The RTW team shall prepare an Operation and Maintenance Manual that shall include the following standard operating procedures and information: 1. Dewatering procedures, 2. Equipment maintenance, 3. Operating and Maintenance instructions for the system and the flow meters, 4. Develop procedures for taking piezometer readings prior to dewatering tanks, 5. Prepare operating safety procedures to avoid groundwater damage to structures 6. Prepare written operating instructions for implementing selected procedures Based on the actual construction conditions, as- constructed drawings including existing wells, if used, and all new wells and equipment shall be developed. When construction is complete, including site restoration and clean up, a final inspection shall be made and a certificate of final completion issued. Permits from the Division 2 Water Engineer for well operation, and from the Colorado Department of Public Health and the Environment (CDPHE) for groundwater discharge, applied for in Phase 2 of the project, shall be acquired. E h1Mn12191a)RIerei am) ! For the tasks described in this scope of work that are to be performed by the RTW team, the CITY agrees to pay compensation in accordance with the methods and schedule set forth in Appendix B (Rate Sheet) and D (Summary Table of Budget Breakdown). The engineering fee for the planned tasks in scope of work for Phase I is $24,475. The scope of work proposed for phases 2, 3, 4 and 5 shall be negotiated and included in an amendment to this contract with the City. The Hourly rate schedule for RTW members of the team is shown in Appendix C. The rates for the specific individuals assigned to this project are presented below. Project Personnel Hourly Rate ($/hour) Dave Oerke, RTW $145.00 Elizabeth Harrison, RTW $120.00 David Harwood, Terracon $130.00 Jody Pieper, Terracon $100.00 Jose Velazquez, RTW $145.00 Larry Keefe, Terracon $150.00 Joe Tamburini, RTW $150.00 The structural engineering consultant hourly fees range from $120 for senior structural engineers to $80 for design personnel. NorthStar Surveying charges $95/hour for involvement by principals of the firm, such as Mr. Stravia, and $110/hour for a 2- person survey crew, such as that needed for collecting field data from the site. ADDITIONAL SERVICES The following services are not included in the tasks of the scope of work or fees noted. The RTW Team shall perform additional services if directed by the CITY as an additional service at the rates shown on the attached Rate Sheet (Appendix B) plus direct reimbursable expenses plus 10% handling fee. 1. Services resulting from significant changes in the extent of the Project, including but not limited to, changes in size, complexity, CITY's schedule, or methods of financing; when revisions due to causes beyond Engineer's Control. 2. Additional services including the evaluation of three (3) groundwater system alternatives described in the Scope of Work requested by CITY. 3. Preparation for and attendance at workshops /meetings at the request of the CITY in addition to those included in the scope of work. 4. Meetings with local, state or federal agencies to discuss the project in addition to those included in the scope of work M Supplemental engineering work required to meet the requirements of regulatory or funding agencies that become effective subsequent to the date of the Agreement. 6. Additional services requested by the CITY for extension of time for construction administration and resident engineering arising from failure of the construction contractor to carry out the construction contract or to complete the construction work within the scheduled time of 10 weeks from the date of the notice to proceed. Services for archaeological consultations regarding artifacts that may be uncovered during construction. 10