Loading...
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 LA HL- ATTEST ED BY: Cff. � y PPI`81f I T' i I Acs / / a , vy CD 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. -2- 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 -3- 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. -5- (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. ft M-1 :y Approved as to form: CITY OF PUEBLO, A MUNICIPAL CORPORATION By y Y� Barbara Vidmar President of the City Council Z l City Attorne Attest: Title: AL(TTUUS Environmental, LLC By / 1 ,/ Name: �C . S" IEA-,47 Title: ?P—itye - 7t�yGis 7