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HomeMy WebLinkAbout10468RESOLUTION NO. 10468 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $20,000.00 TO WASTEWATER TECHNOLOGY GROUP, LLC. TO PROVIDE SPECIALIZED TRAINING IN WASTEWATER COLLECTION SYSTEM EQUIPMENT OPERATION AND METHODS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME WHEREAS, the City of Pueblo owns an operates a sanitary sewer collection system; and and WHEREAS, maintaining said system requires skillful operation of specialized equipment; WHEREAS, the Wastewater Collection Division has experienced significant staff turnover since 2002; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A contract for specialized training in wastewater collection equipment operation and methods be, and the same is hereby awarded to Wastewater Technology Group, LLC. in the amount of $20,000.00. 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. Mr-11 M1 Funds for said project shall be from the Sewer User Fund. INTRODUCED August 8, 2005 BY Michael Occhiato Councilperson b Background Paper for Proposed RESOLUTION AGENDA ITEM # 9 DATE: AUGUST 8, 2005 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $20,000.00 TO WASTEWATER TECHNOLOGY GROUP, LLC. TO PROVIDE SPECIALIZED TRAINING IN WASTEWATER COLLECTION SYSTEM EQUIPMENT OPERATION AND METHODS AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE SAME. ISSUE Should the City Council approve an agreement in the amount of $20,000.00 with Wastewater Technology Group, LLC. to provide specialized training in wastewater collection system equipment operation and methods? RECOMMENDATION Approve this Resolution. BACKGROUND The Collections Division of the Wastewater Department maintains 445 miles of sanitary sewer. Failure to clean and maintain sewer mains adequately can result in sewage spills to surface waters or sewage backups into homes and businesses, endangering public health and subjecting the City to significant liability from lawsuits. The Collections Division has experienced significant staff turnover since 2002 as a result of retirements and staff expansion. New entry-level employees have received on- the -job training and have passed State certification examinations. However there are few opportunities for formal "expert" training that presents detailed guidance on operating the specialized equipment used to maintain sanitary sewers. The Wastewater Technology Group, LLC. has the ability to offer such training on -site, optimizing the ability of City staff to use City -owned equipment and eliminating travel costs. This training will be provided simultaneously to the entire 18- member Collections Division staff, ensuring that all employees receive the same information. The training will result in more effective sanitary sewer cleaning and maintenance, and will be a part of the City's affirmative defense in the event of a major sanitary sewer overflow. Proposals were solicited from vendors listed with the National Association of Sanitary Sewer Collection Operators. Most vendors are located on the East Coast and no others offering this type of training submitted proposals for on -site training in Pueblo. The Wastewater Technology Group, LLC. is located in Colorado and has the ability to provide on -site training. FINANCIAL IMPACT Funds for this project are available from the Sewer User Fund. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this day of ) J t—`' 200 —!F by and between the City of Pueblo, a Municipal Corporation ( "Client ") and Wastewater Technoloev Group LLC (haainaflaarelsted to as "Consultant ") for Consultant to render professional scientific, technical, and consulting services for Client with respect to a study of selenium and fisheries in selected portions of the Arkansas River watershed, 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 AN D _ SCOPE OF SERVICES (a) Consultant shall satisfactorily perform the professional scientific, technical, and consulting services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall include all usual and customary professional scientific, techucal, and consulting services including any required drafting or design services incident to its work on the Project. (b) To the extent Consultant performs any of the Project work through subcontractors or sub - consultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors as it is for services performed directly by Consultant_ (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SEC TION 2. CONSULTANT'S RESPONSIBILITIES (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's sub - consultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section I3 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 2 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely maumer so as not to delay Client's timetable for achievement of interim tasks and final completion ofProject work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. -1- (e) Before under any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule I or otherwise contemplated by the terns of this Agreement Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate ware unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 3 attached hereto. SECTION 3. FEES FOR SE RVICES, PAYMENT (a) Client will pay to Consultant as foil compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $ 20.000.00 _ computed as set fiorth in Schedule 3. (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 3 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in axiecting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed, by the provisions of Section 2(c). (f) In the event services under this Agreement are phased and to be performed in more than arefrscai year or are subject to annual appropriation, Consultant acknowledges that finds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENTS RESPONSIBILITIES (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administr authority on behalf of Client to receive and t[a<rstmt 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 $5000 or 5% of the maximum contract price. (c) Client shall examme all documents presented byConsultant, and renderdeeisionspetainnrgtbecetowithin 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 Consultant of responsibility for the professional adequacy of its work. -2- (d) Client shall perform its obligations and render decisions within a reasonabletime under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact The above periods of presumed reasonableness shall be extended where information reasonably required by Consultant is not within the custody or control of Client but must be procured from others. SECTION 5 . TERMINATION (a) Client reserves the right to terminate this Agreement and Consultam's perfotmanec hereunder, at anytime upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 3 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 Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's attire 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 Schedule 3 for services satisfactorily performed and reimbursable expanses reasonably incurred, prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive anytemrination. SECTION 6. SITE ACCESS In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section 1(c) of this Agreement. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, 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 Consultant publish work product developed p ursuan t to this Agreement except (i) with advance written consentofCl=t and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. SECTION 8. INSURANCE AND INDEMNITY -3- (a) Consultant agrees that it shall procure and will maintain during the tens ofthis Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed- (u) Comprehensive General and Automobile Liability insurance with limits not less than Six Hundred Thousand and No1100 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 JW,000, and with adeduchble acceptable to Client. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through sub - consultants or subcontractors, Consultant shall contractually bind each of its sub - consultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant 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 ofthis Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. MISCELLANEOUS (a) Notices Any and all notices or other communications required or permitted by this Agreement or bylaw to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention: Gene Michael. Wastewater Director Pueblo, Colorado, or to Consultant at 211 East "M Street. Pueblo, CO 81003 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. me (b) Entire Amman? This instrument contains the entire agreement between Consultant and Client respecting the Project, and arty other written or oral agreement or representation respecting the Project or the duties ofeither Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void_ (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of 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 Consultant and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board (e) Choice ofl aw . This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated 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 contrary to law or the terms of any federal grant, then this entire Agreement shall be void. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year fast above written- CI OF PUEBLO, A MUNICIPAL CORPORATION By / Naoril i Hedden, Director of Purchasing By (('� J Name: Richard C. Niles Title: Consulting Services Manager -5- SCHEDULE 1 SCOPE OF WORK Wastewater Technogology Group, LLC 912 4 Street Colorado Springs, CO 80907 719- 633 -0534 Fax 719- 477 -9522 June 28, 2005 Gene Michael, Wastewater Director City of Pueblo 211 East "D" Street Pueblo, CO. 81003 Director Gene Michael: Proposal: In depth overview and on-the-job training for (18) Wastewater System Professionals within the City of Pueblo utilities department • One Day Overview: Gene Michael, Wastewater Director plus any additional staff selected by Mr. Michael to be present during first day overview. Includes: A.) Existing Training Programs B.) Training Policies and Procedures C.) Cleaning Process, (i.e.) By Area, Work Order, Pipe Size, Etc... D.) Equipment Type and Use Total Cost Including Perdiam ($1,120.00) • Eighteen Days of Field OTJ Training with (18) Professionals Includes: Hydraulic Rodding High Velocity Jet/Rodding High Velocity Jet/Rodding/Vacuuming Bucketing Systems Equipment Use plus Attachments Develop Skills and Knowledge Check Lists Total Cost Including Perdiam ($18, 000.00 • 4 Hour Review with Staff to Finalize Process for Final Report and Suggested Outcomes Total Cost Including Perdiam ($880.00) Thank you for allowing Wastewater Technogology Group, LLC to partner with the Utilities Department of the City of Pueblo and your staff, to ensure the unrestricted flow of wastewater within the Pueblo Wastewater Collections System. Respectfully Yours, Richard C. Niles Wastewater Technogology Group, LLC SCHEDULE2 WORK SCHEDULE LIA113 9 1 14YS1:13111 1M PROJECT: ON -THE -JOB TRAINING FOR WASTEWATER COLLECTION SYSTEM EMPLOYEES VENDOR: WASTEWATER TECHNOLOGY, LLC. The scope of training consists of three elements as set forth in Schedule 1: a one -day overview designed to summarize existing practices and procedures used by the Collection Division of the Pueblo Wastewater Department; 18 days field training; a 4 -hour review session; and a final written report including suggestions for ongoing training. The work schedule for these elements shall be as follows: One -day Overview: Completed by September 6, 2005 18 Days Field Training: Commence by September 12,2005 completed by October 7, 2005 Review Session: Completed by October 12, 2005 Final Report: Completed and submitted by October 28, 2005 SCHEDULE3 COMPENSATION COMPENSATION PROJECT: ON -THE -JOB TRAINING FOR WASTEWATER COLLECTION SYSTEM EMPLOYEES VENDOR: WASTEWATER TECHNOLOGY, LLC. Compensation for the complete scope of work contained in Schedule 1 shall not exceed $20,000.00. If the project is terminated prior to completion, compensation for work accomplished shall be calculated according to the following: Work Element Hourly Compensation One -Day Overview $80.00 Field OJT Training $71.43 Final Review and Report Preparation $80.00