HomeMy WebLinkAbout11244RESOLUTION NO. 11244
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND ALTUS ENVIRONMENTAL, LLC TO PROVIDE ENVIRONMENTAL
REMEDIATION SERVICES AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, a Request for Qualifications to provide services related to an environmental
remediation project were requested and received; and
WHEREAS, a committee was formed to evaluate the responses to the Request for
Qualifications; and
WHEREAS, the committee selected ALTUS Environmental, LLC as the most qualified
company to serve the Pueblo Memorial Airport; now, therefore,
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 ALTUS Environmental, LLC, to provide environmental remediation
services at Pueblo Memorial Airport is hereby approved, subject to the conditions as set forth in
said contract.
SECTION 2.
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.
INTRODUCED March 24, 2008
BY Vera Ortegon
Councilperson
APPROVE
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ATTEST ED BY: Cff. � y
PPI`81f I T' i I
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM 4
DATE: March 24, 2008
DEPARTMENT: AVIATION — JERRY BRIENZA, DIRECTOR OF AVIATION
TITLE
• RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO,
• MUNICIPAL CORPORATION, AND ALTUS ENVIRONMENTAL, LLC TO
PROVIDE ENVIRONMENTAL REMEDIATION SERVICES AT PUEBLO
MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve a contract with ALTUS Environmental, LLC to provide
environmental remediation services at Pueblo Memorial Airport.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
In 1989, petroleum hydrocarbon - contamination was found in groundwater at the Pueblo
Airport Maintenance Facility. An environmental company was hired to remediate the
site and has been working on this project since that time. This company has been
unsuccessful in closing the project site and it was determined to be in the best interest of
the City to request proposals from other environmental companies who have effectively
worked with and closed similar project sites. ALTUS Environmental, LLC was the
company selected by a committee as being the best qualified for this project.
FINANCIAL IMPACT
ALTUS will enter into an Agreement for Professional Services as soon as they determine
the scope of the project.
CONTRACT
THIS CONTRACT entered into as of March 24 2008 between the City of Pueblo, a
Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and ALTUS
Environmental, LLC (the 'Engineer "), 4150 Darley Ave., Suite 2, Boulder, CO 80305,
WITNESSETH:
Recitals
A. The City owns the Pueblo Memorial Airport ( "Airport") and solicited competitive
proposals to provide engineering services and related incidental and special services for an
environmental remediation project at the Airport.
B. Engineer submitted in response to the Request For Qualifications its statement of
qualification and experience for engineering services ( "Response ").
C. City has evaluated all Responses submitted and has determined to select Engineer to
perform engineering services for the project at the Airport.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual coven l ants, City
and Engineer agree as follows:
I
1. Engagement
(a) City engages Engineer and Engineer accepts such engagement to perform the
services set forth in this Contract and ultimately in the attached Agreement For Professional Services
( "Standard Form of Agreement "), included as Exhibit 2, with respect to the following anticipated
project (the "Project ").
• Environmental remediation at a petroleum impacted site on the Airport.
(b) Upon written direction from City, the Engineer shall complete and deliver to
City the Standard Form of Agreement for the Project as specified by City.
(c) Engineer shall prepare and submit with the Standard Form of Agreement for
the Project, Schedule 1 - Scope of Services, Schedule 2 - Fee Schedule, Schedule 3 — Project
Schedule and Schedule 4 - 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 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 (3) years commencing March 24 2008 and
ending March 24 2011. The term of this Contract may be extended for an additional period of two
(2) years by way of two (2) one (1) year options, 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 environmental regulatory
agencies 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 and any environmental regulatory agency overseeing this
project. The City or any of their duly authorized representatives, shall have
access to any books, documents, papers and records of the Engineer 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 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 (compatible with Auto CAD) that accurately
represents all existing and future civil infrastructure improvements for this
Project 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 and state statutes and regulations relating to
nondiscrimination including without limitation the 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 any state or federal provisions to ensure that disadvantaged
business enterprises have the maximum opportunity to complete for and perform contracts financed
in whole or in part with state or federal funds.
(c) comply with all other applicable federal, state and local laws and regulations.
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6. Rights to Inventions All rights to inventions and materials generated under this
Contract or any Standard Form of Agreement for this Project are subject to regulation issued by the
federal government and State of Colorado and Engineer shall comply with those regulations.
Insurance
(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) Workers' Compensation Insurance complying with statutory require-
ments 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 Engineer for City under this Contract and Standard
Form of Agreement for a specified Project.
(c) Engineer shall famish 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.
8. Indemnity
(a) The Engineer and its sureties shall, to the fullest extent permitted by law,
indemnify, defend and save harmless the City of Pueblo and all of its officers, agents and employees
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from and against all claims, damages, losses and expenses, including but not limited to attorney's
fees, arising out of or resulting from bodily injury, sickness, disease or death, or injury or damage to
property, sustained by any person or property, on account and to the full extent of the negligence or
fault of the Engineer and Engineer's agents, employees, representatives, subcontractors, materialmen
and suppliers in performance of the contract. The indemnity obligations of Engineer hereunder, and
limitations thereon, shall not be construed to negate, abridge, or reduce other obligations of the
Engineer to provide indemnity which would otherwise exist under law or other terms of this
Contract.
(b) Engineer shall be presumed to be one hundred percent responsible and
negligent for any damage to property or injury to persons, including death, which arises from the
failure of Engineer to provide necessary barricades, warning lights or signs in its performance of the
work. In the event this paragraph (b) should be determined to be contrary to any provision of law,
including but not limited to § 13 -21- 111.5(6), C.R.S., the parties agree that this paragraph (b) shall be
deemed severable from the remainder of this Section, which shall otherwise be enforced.
(c) In claims against any person or entity indemnified under paragraph (a) of this
Section by an employee of the Engineer, any subcontractor of Engineer, or anyone directly or
indirectly employed by them or anyone for whose acts they be liable, the indemnification obligation
under paragraph (a) shall not be limited by any limitation on amount or type of damages,
compensation or benefits payable by or for the Engineer or Engineer's subcontractor under workers'
compensation acts, disability benefit acts or other employee benefit acts.
9. 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 this Project by any Federal or
State 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.
10. 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 parry at its
address shown on the first page hereof, and if to the City, a copy of thereof shall be given to Jerry
M1
Brienza, Director of Aviation, 31201 Bryan Circle, Pueblo, Colorado, 81001. Either party may
change addresses upon written notice given to the other party specifying the changed address.
11. 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.
12. 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.
(f) The Engineer shall reimburse the City for the full amount of any employer
contribution required to be paid by the City of Pueblo to the Public Employees' Retirement
Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing
contracted services for the City under this Agreement. The Engineer shall fill out the
questionnaire attached hereto as Exhibit 1 and submit the completed form to City as part of the
signed Agreement.
13. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM
PERFORMING WORK
(a) Prior to or within ten (10) days of execution of this Agreement, Engineer shall submit
to the Purchasing Agent of the Owner its certification that it does not knowingly employ or contract
with an illegal alien and that the Engineer has participated or attempted to participate in the "Basic
Pilot Program" created in Public Law 208, 104` Congress, as amended and expanded in Public law
156,108 Congress, as amended, that is administered by the United States Department of Homeland
Security in order to confirm the employment eligibility of all employees who are newly hired for
employment in the United States.
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(b) Engineer shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this
contract;
(II) Enter into a contract with a subconsultant that fails to certify to Engineer that
the subconsultant shall not knowingly employ or contract with an illegal alien to perform
work under this contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Engineer shall have confirmed or attempted to confirm the employment
eligibility of all of its employees who are newly hired for employment in the United States
through participation in the Basic Pilot Program and, if the Engineer is not accepted into the
Basic Pilot Program prior to entering into this contract, that the Engineer shall apply to
participate in the Basic Pilot Program every three months until the Engineer is accepted or
this Contract has been fully completed, whichever occurs earlier. This provision shall not be
required or effective if the Basic Pilot Program is discontinued.
(II) The Engineer is prohibited from using the Basic Pilot Program procedures to
undertake preemployment screening of job applicants while this Contract is being performed.
(III) If the Engineer obtains actual knowledge that a subconsultant performing
work under this contract knowingly employs or contracts with an illegal alien, the Engineer
shall be required to:
A. Notify the subconsultant and the Owner's Purchasing Agent within
three (3) days that the Engineer has actual knowledge that the subconsultant is
employing or contracting with an illegal alien; and
B. Terminate the subcontract with the subconsultant if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A. above the
subconsultant does not stop employing or contracting with the illegal alien; except
that the Engineer shall not terminate the contract with the subconsultant if, during
such three (3) days, the subconsultant provides information to establish that the
subconsultant has not knowingly employed or contracted with an illegal alien.
(IV) The Engineer is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in
the course of an investigation that CDLE is undertaking pursuant to its authority under §8-
17.5- 102(5), C.R.S.
(d) Violation of this Section 13 by the Engineer shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Engineer shall be liable for Owner's
actual and consequential damages.
(e) As used in this Section 13, the term "subconsultant" shall mean any subconsultant or
subcontractor of Engineer rendering services within the scope of this Agreement.
Executed the day and year first above written.
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Approved as to form:
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By y Y�
Barbara Vidmar
President of the City Council
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City Attorne
Attest:
Title:
AL(TTUUS Environmental, LLC
By / 1 ,/
Name: �C . S" IEA-,47
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