HomeMy WebLinkAbout10608RESOLUTION NO. 10608
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE BLACK & VEATCH CORPORATION, A DELAWARE
CORPORATION, TO PROVIDE ENGINEERING SERVICES FOR THE PUEBLO WASTEWATER
DEPARTMENT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
WHEREAS, Statements of Qualifications for Engineering services were requested and
received; and
WHEREAS, a committee was formed to evaluate these qualifications; and
WHEREAS, the committee selected the Black & Veatch Corporation 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 the Black & Veatch Corporation, a Delaware Corporation, to provide
engineering services for improvements to 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 and update the Master Plan for the James R. Dilorio Water Reclamation Facility
2. Develop a Capital Improvement Plan to maintain and expand the Water Reclamation
Facility
3. Support the Wastewater Department in securing financing for construction
4. Assist City staff with project bidding, site application, and construction management
5. Assist City staff with wastewater collection system 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.
APP
' 9F CITY - CPYWIL
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INTRODUCED December 27, 2005
BY Michael Occhiato
Councilperson
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Background Paper for Proposed
RESOLUTION
60 , :#- / Owg
AGENDA ITEM # IJ
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 THE BLACK & VEATCH
CORPORATION, A DELAWARE CORPORATION, TO PROVIDE
ENGINEERING 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 engineering services
for the Pueblo Wastewater Department to the Black & Veatch Corporation?
RECOMMENDATION
Approve this Resolution.
BACKGROUND
The Wastewater Department operates the 18 year old James R. Dilorio Water
Reclamation Facility and the associated sanitary sewer collection system. Infrastructure
deterioration and changing environmental laws require periodic revision to the Master
Plan, periodic design and construction of new treatment processes, and periodic process
engineering services. This contract establishes a long -term agreement between the City
and the Black & Veatch Corporation to provide professional engineering services in
these areas.
Qualification statements were received from five engineering firms. The Black & Veatch
Corporation 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 December 27, 2005 between the City of Pueblo, a
municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City") and the Black &
Veatch Corporation, a Delaware corporation, 6300 South Syracuse Way, Centennial, Colorado
80111 (the "Engineer "), WITNESSETH:
Recitals
A. The City owns the James R. DiIorio Water Reclamation Facility ( "WRF ") and
solicited competitive proposals to provide planning, engineering design, construction management,
process engineering services, and related incidental planning and special services for future
engineering projects at the WRF ('Request For Proposals ").
B. Engineer submitted in response to the Request For Proposals its statement of
qualification and experience for architectural, engineering and planning services ('Response ").
C. City has evaluated all Responses submitted and has determined to select Engineer to
perform architectural, engineering, and planning services for projects at the WRF.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City
and Engineer agree as follows:
1. Engagement
(a) City engages Engineer and Engineer accepts such engagement to perform the
services set forth in this Contract and in the attached Standard Form of Agreement For Professional
Engineering Services ( "Standard Form of Agreement ") with respect to the following anticipated
projects (the "Projects ").
(1) Complete a Master Plan update for the WRF
(2) CDPS permit renewal
(3) Design a long -term compliance strategy, including treatment process
selection
(4) Develop a Capital Improvement Program (CIP) and schedule for the
WRF
(5) Support the City in securing financing to carry out the CIP for the
WRF
(6) Assist the City with project bidding, site application, and construction
management as required
(7) Provide engineering services as required for any projects that may
arise during the contract period at the WRF or in the sanitary sewer
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collection system period.
1.. (b) City may in its sole discretion undertake any of the Projects. Upon written
direction from City, the Engineer shall complete and deliver to City the Standard Form of Agreement
for any of the Projects as specified by City.
(c) Engineer 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 ofAgreement and
Appendixes, City will review same, perform appropriate cost and fee comparisons and analysis, and
advise Engineer 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 five (5) years commencing January 1, 2006 and
ending December 31, 2010. The term of this Contract maybe extended for an additional period of
three (3) years upon mutual agreement of City and Engineer. 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 Engineer 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 Engineer shall maintain a cost accounting system acceptable
to City. The City shall have access to any books, documents, papers and records of the Engineer that
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
Engineer shall maintain such records for three years after City makes final payments to Engineer and
all pending matters are closed. Engineer shall prepare and maintain an electronic database
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(compatible with Auto CAD) 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 Engineer covenants that, during the performance of this Contract
and any Standard Form of Agreement for a specified Project, Engineer will:
(a) comply with all federal statutes and regulations relating to nondiscrimination
in federally assisted programs including without limitation the CWA and the CWPCA.
(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 property of the City.
Engineer shall retain sole ownership of pre- existing proprietary property including but not limited to
computer programs, software and models.
Insurance and Indemnitv
(a) Engineer 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).
(b) The minimum insurance coverage which Engineer shall obtain and keep in
force is as follows:
(1) Worker's 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.
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(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 Engineer for City under this Contract and Standard
Form of Agreement for a specified Project.
(c) Engineer 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. Engineer shall
immediately notify City of any substantial change in, or cancellation, or non - renewal of any such
insurance.
(d) Engineer 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 Engineer, its
employees, subcontractors and consultants.
8. Certifications Engineer certifies that
(a) Neither Engineer 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. Engineer will include this clause in all lower tier transactions,
solicitations, proposals, contracts, and subcontracts.
(b) Engineer 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. Engineer 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, 81003. 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.
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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 Engineer
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 Engineer.
(e) This Contract shall be binding upon and inure to the benefit of City and
Engineer and their respective successors and assigns, provided, however, engineer shall not assign
this Contract or any interest herein without the prior written consent of City.
Executed the day and year first above written.
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
Attest: By i
City erk President of the I Council
Approved as to form:
City Attorney
THE BLACK & VEATH CORPORATION
Attest:
Name:
Title: /4V zeW 4'Y
By
Name:
Title: G z A -J
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