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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 • A, t INTRODUCED December 27, 2005 BY Michael Occhiato Councilperson t 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 —1— 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 —2— (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. sm (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. me 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 —5—