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HomeMy WebLinkAbout10606RESOLUTION NO. 10606 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND RED OAK CONSULTING, A DIVISION OF MALCOLM PIRNIE, INC., A NEW YORK CORPORATION, TO PROVIDE UTILITY RATE CONSULTING SERVICES FOR THE PUEBLO WASTEWATER DEPARTMENT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, Statements of Qualifications for Utility Rate Consulting services were requested and received; and WHEREAS, a committee was formed to evaluate these qualifications; and WEREAS, the committee selected Red Oak Consulting, a division of Malcolm Pirnie, Inc., as the most qualified to serve the Pueblo Wastewater Department; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Contract, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and Red Oak Consulting, a division of Malcolm Pirnie, Inc., a New York corporation, to provide utility rate consulting services for the Pueblo Wastewater Department is hereby approved, subject to the conditions as set forth in said contract. SECTION 2. Work performed under this contract may include, but is not limited to, the following items: 1. Review sanitary sewer rates and fees 2. Develop recommendations and schedules for revising wastewater rates and fees to assure the ability of such rates and fees to support the cost of wastewater service 3. Develop and maintain a model to assist the City in forecasting rate and fee changes 4. Assist the City in securing financing for wastewater projects SECTION 3. The President of the City Council 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 4. Funds for work performed under this contract shall be from the Sewer User Fund. PRES1 9 F CITY frP s INTRODUCED December 27, 2005 BY Michael Occhiato Councilperson DATE: DECEMBER 27, 2005 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND RED OAK CONSULTING, A DIVISION OF MALCOLM PIRNIE, INC., A NEW YORK CORPORATION, TO PROVIDE UTILITY RATE CONSULTING SERVICES FOR THE PUEBLO WASTEWATER DEPARTMENT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME. ISSUE Should the City Council award a contract to provide professional utility rate consulting services for the Pueblo Wastewater Department to Red Oak Consulting, a division of Malcolm Pirnie, Inc.? RECOMMENDATION Approve this Resolution BACKGROUND As an enterprise of the City of Pueblo, the Wastewater Department operates the 18 year old James R. Dilorio Water Reclamation Facility and the associated sanitary sewer collection system. Operating and maintaining the infrastructure of these facilities entails increasing costs and, as an enterprise, the Wastewater Department is obligated to collect sufficient funds through its rates and fees to pay for its operations. Section 16 -7- 9 of the Pueblo Municipal Code requires biennial review of sanitary sewer rates and fees. The attached contract establishes a long -term agreement between the City and Red Oak Consulting, a division of Malcolm Pirnie, Inc., to provide professional utility rate consulting services to fulfill these obligations. Qualification statements were received from two firms. Red Oak Consulting, a division of Malcolm Pirnie, Inc., was judged to be the firm best qualified to provide the required services. FINANCIAL IMPACT Funds for this project are available from the Sewer User Fund CONTRACT THIS CONTRACT entered into as of Decembe 2005 between the City of Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Red Oak Consulting, a division of Malcolm Pimie, Inc., 3300 South Parker Road, Suite 305, Aurora, CO 80114 (the "Consultant "), WITNESSETH: Recitals A. The City owns and operates the wastewater utility enterprise, including the James R. DiIorio Water Reclamation Facility ( "WRF ") and the sanitary sewer collection system connected thereto. The City solicited competitive proposals for review of existing utility rates and fees, and recommendations for such appropriate modifications to those rates and fees as may be required to sustain the operation of the WRF and the sanitary sewer collection system adequately in the long term ( "Request For Proposals "). B. Consultant submitted in response to the Request For Proposals its statement of qualification and experience for utility rate consulting and planning services ('Response "). C. City has evaluated all Responses submitted and has determined to select Consultant to provide utility rate consulting and finance consulting services the wastewater utility. NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City and Consultant agree as follows: Engagement (a) City engages Consultant and Consultant accepts such engagement to perform the services set forth in this Contract and in the attached Standard Form of Agreement For Professional consulting Services ( "Standard Form of Agreement ") with respect to the following anticipated tasks or projects (the "Projects "). (1) Complete a biennial review of the cost of service for the Wastewater Department (2) Complete a biennial review of the Wastewater Department's Capital Improvement Program (CIP) (3) Provide a biennial analysis of the adequacy of the rates and fees charged for sanitary sewer service in regard to the ability of such rates and fees to support the cost of service and the CIP (4) Develop recommendations and schedules for revising wastewater rates and fees as needed (5) Support the City in securing financing to fund CIP projects (6) Develop and maintain a model to assist the City in forecasting rate and fee changes (7) Provide consulting services as required related to the economics of operating and maintaining the sanitary sewer system. —1— (b) City may in its sole discretion undertake any of the anticipated Projects enumerated above, or other projects that the City deems necessary. Upon written direction from City, the Consultant shall complete and deliver to City the Standard Form of Agreement for any of the Projects as specified by City. (c) Consultant shall prepare and submit with the Standard Form of Agreement for each specified Project, Appendix A - Scope of Services, Appendix B - Fee Schedule, and Appendix C - Identification of Personnel, Subcontractors and Task Responsibility. (d) Within a reasonable time after receipt of the Standard Form of Agreement and Appendixes, City will review same, perform appropriate cost and fee comparisons and analysis, and advise Consultant if the Standard Form of Agreement and Appendixes are acceptable to City, or which modifications or changes City requests with respect thereto. (e) After mutual approval of the terms and provisions of the Standard Form of Agreement and Appendixes, City will submit same to City Council of City for approval. 2. Term. This Contract is for a term of six (6) years commencing January 1, 2006 and ending December 31, 2011. The term of this Contract may be extended for an additional period of four (4) years upon mutual agreement of City and Consultant. This Contract may be terminated by either party at any time, without cause or liability, upon ninety (90) days prior written notice given to the other party specifying the date of termination, provided, however, that the termination of this Contract shall not terminate or be deemed to terminate any then existing Standard Form of Agreement executed by and between the parties with respect to any specified Project. 3. General Covenants Consultant covenants that it is: (a) competent and qualified to perform and will perform the services and work contemplated by this Contract and the Standard Form of Agreement in a professional manner to the satisfaction of City. (b) familiar with the regulations and requirements of the Federal Clean Water Act ( "CWA ") and the Colorado Water Pollution Control Act ( "CWPCA ") with respect to the services and work contemplated by this Contract and Standard Form of Agreement and will perform such services and work in compliance therewith. 4. Records and Database Consultant shall maintain a cost accounting system acceptable to City. The City, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Consultant which are directly pertinent or relate to this Contract or any Standard Form of Agreement for a specified Project, for the purpose of making audit, examination, inspection, excerpts, and transcriptions. The Consultant shall maintain such records for three years after City makes final payments to Consultant and all pending matters are closed. Consultant shall prepare and maintain an electronic database (compatible with AutoCAD) that accurately represents all existing and future civil infrastructure for all Projects completed under this Contract and any Standard Form of Agreement for a specified Project. 5. Specific Covenants Consultant covenants that, during the performance of this Contract and any Standard Form of Agreement for a specified Project, Consultant will: -2- (a) comply with all federal statutes and regulations relating to nondiscrimination in federally assisted programs including without limitation Title VI of the Civil Rights Act of 1964 (P.L. 88 -352, Department of Transportation Regulation 49 CFR Part 21, and Executive Order 11246 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in the Department of Labor regulations 41 CFR Part 60. (b) comply with the State of Colorado's Requirements for State Revolving Fund Loan Projects. (c) comply with all other applicable federal, state and local laws and regulations. 6. Rights to Inventions All rights to inventions and materials generated under this Contract or any Standard Form of Agreement for a specified Project shall be the property of the City. Consultant shall retain sole ownership of pre- existing proprietary property including but not limited to computer programs, software and models. Insurance and Indemnity (a) Consultant agrees that it has procured and will maintain during the term of this Agreement, such insurance as will protect it and City from claims under workers' compensation acts, claims for damages because of bodily injury including personal 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). as follows: (b) The minimum insurance coverage which Consultant shall obtain and keep in force is (1) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (2) Comprehensive Commercial and Automobile Liability Insurance with limits not less than One Million and No /100 Dollars ($1,000,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, One Million and No /100 Dollars ($1,000,000.00) per occurrence for property damage, and One Million Five Hundred Thousand and No /100 Dollars ($1,500,000.00) for excess umbrella liability. (3) Professional Liability Insurance in amounts not less than One Million and No /100 Dollars ($1,000,000.00) covering services and work performed by Consultant for City under this Contract and Standard Form of Agreement for a specified Project. (c) Consultant shall furnish to City a certificate or certificates of insurance showing compliance with this section 7. The certificates shall provide that the insurance shall not be changed or cancelled until after ten (10) days written notice has been given to City. Consultant shall immediately notify City of any substantial change in, or cancellation, or non - renewal of any such insurance. -3- (d) Consultant agrees to hold harmless, defend and indemnify City from and against any liability to third parties, arising out of negligent acts, errors or omissions of Consultant, its employees, subcontractors and consultants. 8. Certifications Consultant certifies that: (a) Neither Consultant nor any of its principals are presently, or at the time of execution of any Standard Form of Agreement for a specified Project will be, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract or in any such subsequent Standard Form of Agreement for a specified Project by any Federal department or agency. Consultant will include this clause in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. (b) Consultant is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representatives and that it will comply with the Department of Transportation trade restriction regulations 49 CFR Part 30. Consultant will include this clause and other clauses required by said trade restriction regulations in all lower tier transactions, solicitations, proposals, contracts and subcontracts. 9. Notices Any notice required or permitted by this Contract shall be in writing and may be served personally or mailed by first -class mail, postage prepaid, addressed to the party at its address shown on the first page hereof, and if to the City, a copy of thereof shall be given to Gene Michael, Wastewater Director, 211 East "D" Street, Pueblo, Colorado, 8 100 1. Either party may change addresses upon written notice given to the other party specifying the changed address. 10. Financial Obligations of City All financial obligations of the City under this Contract in any subsequent fiscal year of City are subject to and contingent upon funds being specifically budgeted and appropriated for such purposes. 11. Miscellaneous (a) This Contract shall be governed and interpreted in accordance with the laws of the State of Colorado. (b) In the event of any litigation arising out of this Contract, the court shall award to the prevailing party its costs and reasonable attorney fees. Venue for any such litigation shall be Pueblo County, Colorado. (c) This Contract contains the entire agreement between the City and Consultant and incorporates all prior written and oral understandings and agreements between the parties. (d) This Contract may only be modified or amended by written instrument signed by both City and Consultant. (e) This Contract shall be binding upon and inure to the benefit of City and Consultant and their respective successors and assigns, provided, however, Consultant shall not assign this Contract or any interest herein without the prior written consent of City. Executed the day and year first above written. Attest: City ClAk Approved as to form: Attest Name: >+ C 2 1 JT ' A/v G Title: Can,fu 140 Pf RED OAK CONSUILTTIING,, B Name: R)CHPkO 0. 6 k /*4 Title: V I C6 VI R.ES));9 —5— CITY OF PUEBLO, 230 S. Mechanic Naomi C. Hedden =- Pueblo, CO 81003 Director of Purchasing ", 719 - 553 -2350 nchedden @pueblo.us u 719-553-2351 FAX CITY OF PUEBLO PURCHASING DEPARTMENT October 17, 2011 Mr. John Gallagher Associate Vice President ARCADIS U.S., Inc. 100 Fillmore Street, Suite 200 Denver, Colorado 80206 RE: WASTEWATER RATE CONSULTANT OF RECORD AGREEMENT EXTENSION Dear Mr. Gallagher: The City of Pueblo ( "City ") wishes to exercise the extension option contained in Paragraph 2 of the Contract between the City and Red Oak Consulting, a division of Malcolm Pirnie, Inc. dated December 27, 2005 for professional utility rate consultation services (the "Contract ") for a period of four years. The extension would carry the term of the agreement through 2015. If ARCADIS U.S., Inc, as successor to Malcolm Pirnie, Inc., agrees to this extension, please acknowledge same by signing below and returning the signed copy to me. Thank you. Si. erely, aomi C. Hedden ' rchasing Agent ARCADIS U.S., Inc., as successor to Malcolm Pirnie, Inc., hereby agrees to extend the Contract with the City of Pueblo through the year 2015. 41.1_ 10 ZS' 1 ' John Gallaghj ate Associate Vice President ARCADIS U.S., Inc.