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HomeMy WebLinkAbout12051RESOLUTION NO. 12051 A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ANDERSON CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $160,681 PLUS $39,319 IN CONTINGENCIES RELATED TO THE FOUNTAIN CREEK LEVEE CERTIFICATION PROJECT NO 10-095 (SW0903) AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Engineering Services, a copy of which is attached hereto and made part thereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, Anderson Consulting Engineers, Inc., relating to the Fountain Creek Levee Certification Project No. 10-095 (SW0903), is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Funds in the amount of $160,681 plus $39,319 in contingencies shall be expended from the Stormwater Enterprise Fund, Capital Project No. SW0903. INTRODUCED: January 10, 2011 BY: Larry Atencio Background Paper for Proposed RESOLUTION AGENDA ITEM # M-1 DATE: January 10, 2011 DEPARTMENT: STORMWATER UTILITY DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ANDERSON CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $160,681, PLUS $39,319 IN CONTINGENCIES RELATED TO THE FOUNTAIN CREEK LEVEE CERTIFICATION PROJECT NO 10-095 (SW0903) AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an agreement with Anderson Consulting Engineers Inc for professional services related to the Fountain Creek Levee Certification Project No. 10-095 (SW0903)? RECOMMENDATION Approval of this Resolution. BACKGROUND The Fountain Creek Levee System consists of 1,387 feet of reinforced concrete floodwall on the west bank of Fountain Creek and 8,340 feet of earthen and soil cement levees on the east bank of Fountain Creek. FEMA requires that all levees providing flood protection meet FEMA’s 65.10 Accreditation Criteria and be certified by registered professional engineers before flood plain mapping (DFIRM) will reflect levee systems as providing flood protection. The certification process is a complex process involving several engineering disciplines. Anderson Consulting Engineers, Inc. was chosen from a list of prequalified engineering professionals submitting proposals for the Fountain Creek Levee Certification Project. Engineering services are outlined in attached Exhibit A. Exhibit B reflects flood plain expansion if the Fountain Creek Levee System is not certified. Approximately 1,050 structures would be brought into the flood plain requiring an estimated annual flood insurance premium of ± 3.6 million dollars. Levee certification will insure the flood plain delineation will reflect levees providing protection from the 100-year flood event with the 100-year flood plain confined within the levee system. FINANCIAL IMPACT Funds in the amount of $160,681 plus $39,319 in contingencies shall be expended from the Fountain Creek Levee Certification Project No. SW0903 for a total of $200,000 from the Stormwater Enterprise Fund. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 10th day of January, 2011, by and between Pueblo, a Municipal Corporation ( "Client ") and Anderson Consulting Engineering, Inc. (hereinafter referred to as "Consultant ") for Consultant to render professional engineering services for Client with respect to Fountain Creek Levee Certification and related ancillary services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows SECTION 1. GENERAL AND SCOPE OF SERVICES. (a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall include all usual and customary professional engineering services including any required drafting or design services incident to its work on the Project. In the event this Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals or RFP, all of the requirements of that Request for Proposal or RFP are incorporated herein by reference, unless any requirement is expressly excluded in Schedule 1 (b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission, except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 20 -602, C.R.S or similar statute whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. CA apprvd form 3/12/10 1 (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto SECTION 3. FEES FOR SERVICES, PAYMENT (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U S $160,681, computed as set forth in Schedule 2 (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy nor to contract for additions or obligations exceeding a value which is the lesser of $5000 or 5% of the maximum contract price (c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented Based upon the nature of Client and its requirements, a period of 14 days shall be presumed CA apprvd form 3/12/10 2 reasonable for any decision not involving policy decision or significant fmancial impact, when all information reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents, work product and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination, together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a) (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work to Client or (b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. SITE ACCESS In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section 1(c) of this Agreement. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law statute or equity Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of Client, which consent may be granted or withheld in Client's sole and absolute discretion and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. CA apprvd form 3/12/10 3 SECTION 8. INSURANCE AND INDEMNITY (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily 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 Consultant shall obtain and keep in force is as follows. (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the Client. (ii) Commercial General Liability Insurance issued to and covering the liability of Consultant with respect to all work performed by Consultant and its subcontractors and subconsultants under this Agreement, to be written on a Commercial General Liability policy form CG 00 01, with coverage limits of not less than Six Hundred Thousand and No /100 Dollars ($600,000 00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000 00) per occurrence for property damage This CGL policy shall be endorsed naming the Client, its officers, agents and employees as additional insureds. This CGL policy shall also provide coverage for contractual liability assumed by Consultant under the provisions of this Agreement. (iii) Professional Liability Insurance with coverage of not less than $1 000 000, and with a deductible of not more than $ 25,000 (iv) Comprehensive Automobile Liability Insurance effective during the period of the Agreement, and for such additional time as work on the Project is being performed, written with limits of liability for injury to one person in any single occurrence of not less that $150,000 and for any injury to two or more persons in any single occurrence of not less than $600,000 This insurance shall include uninsured /underinsured motorist coverage and shall protect the Consultant from any and all claims arising from the use both on and off the Project site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Consultant. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. CA apprvd form 3/12/10 4 SECTION 10. MISCELLANEOUS (a) Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention. Earl Wilkinson, City of Pueblo, 211 E "D" Street, Pueblo, Colorado, or to Consultant at Anderson Consulting Engineers, Inc., 375 E. Horsetooth Rd., Bldg 5, Fort Collins, CO 80525 Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph (b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of Schedule 1 or any other attachment hereto, the terms of this Agreement shall govern. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns, provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client, which consent may be withheld in Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be void. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severability If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. SECTION 11. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement (which may be referred to in this section as this "Contract "), Consultant (which may be referred to in this section as "Contractor ") shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify 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 or the "Department Program" established pursuant to §8- 17.5- 102(5)(c) C.R.S that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. CA apprvd form 3/12/10 5 (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this contract; (I1) Enter into a contract with a subconsultant that fails to certify to Contractor 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 Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Contract is being performed. (III) If the Contractor obtains actual knowledge that a subcontractor or subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days that the Contractor has actual knowledge that the subcontractor /subconsultant is employing or contracting with an illegal alien, and B Terminate the subcontract with the subcontractor /subconsultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor /subconsultant does not stop employing or contracting with the illegal alien, except that the Contractor shall not terminate the contract with the subcontractor /subconsultant if, during such three (3) days, the subcontractor /subconsultant provides information to establish that the subcontractor /subconsultant has not knowingly employed or contracted with an illegal alien. (IV) The Contractor 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 12 by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential damages. (e) As used in this Section 11, the terms "subcontractor" and "subconsultant" shall mean any subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement. SECTION 12. RESERVED. SECTION 13. PERA LIABILITY Consultant 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 Consultant shall fill out the questionnaire attached as Exhibit A and submit the completed form to Client as part of the signed Agreement. (Signature Page Follows) CA apprvd form 3/12/10 6 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION By Ai Presiden'oft CI 'Council ATTEST APPROVED AS TO FORM w r City Attorney Cit Clerk CON 1 TA ∎•► / � Nay. me �raI4 y 4 _4ry1PiY'$$0 � Title pe / CA apprvd form 3/12/10 7 EXHIBIT A COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24- 51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo (a) Are you, or do you employ or engage in any ca acity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes, No J (Must sign below whether you answer ves or no ) (b) If you answered "yes" to (a) above, please answer the following question Are you 1) an individual, 2) sole proprietor or partnership, or 3) a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your business (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree Name Name Address Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied t • privilege of doing business with the City of Pueblo. Signe• , , 20 / By .AM� Name � ✓'4, k Avs,d arse Title al!o^4 For purposes of responding to question (b) above, an `affiliated party' includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren, (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse s parents, stepparents, stepchildren, stepsiblings, and spouse s siblings and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree s regular salary or compensation. -8- EXHIBIT A SCOPE OF SERVICES ACE SCOPE OF SERVICES - SUMMARY 4.A SCOPE OF SERVICES — BASIC WORK Assumption is that the Basic Work Scope of Services will be sufficient to complete the certification effort. Past experience has shown that completion of Tasks 1, 2, and 3 (data collection, field inspection, and surveying, and freeboard evaluation) prior to final scoping of the remaining work is beneficial for finalizing the scope and budget and avoiding change orders. 4.A.1 Data Collection and Review Total Task Cost = $12,404 • City of Pueblo records and verbal interviews; • City of Pueblo O &M records; • U.S. Army Corps of Engineers (USACE) records; • Tetra Tech field inspections and data collection for USACE, • Watershed District studies; • FEMA — Levee LOMR submittal, • Sellards and Grigg /SEH records; and • Prepare memo to summarize results and possible data deficiencies. 4.A.2 Field Inspection and Surveying Total Task Cost = $26,888 ,Full visual inspection of levee and floodwall by hydraulic, geotechnical and structural engineers; • Survey top of levee and floodwall; • Verify R.O W.s and vegetation free zones; and • Prepare memo detailing results of inspection. 4.A.3 Freeboard Evaluation Total Task Cost = $7,724 • Prepare 100 -year water surface plan and profile — determine freeboard for levee and floodwall, and • Prepare freeboard evaluation memo L_ J Note; One of the first items FEMA will review is freeboard. Will the levee meet the requirements? Pueblo Fountain Creek levee RFP.doc 4 1 ANdERSON CONsuiriNq ENONEERS, INC. > 3 feet is the minimum required freeboard; > 3.5 feet at the upstream end of the floodwall, tapering to not less than the minimum required at the downstream end of the levee; and > 4 feet of freeboard is required 100 feet upstream and downstream of any constricting structures such as bridges. Reconvene with City of Pueblo staff to outline the data available, and possibly the data still to be collected to achieve certification. 4.A.4 Closure Evaluations Total Task Cost = $5,630 • 25 opening in levee and floodwall — visually evaluated during field inspection, • Review any as -built plans for pipes; • Review any inspection records, • Review videos of pipes — required once every 5 years; • Finalize concrete barrier and sandbag closures on 4th and 8 Streets — preliminary approval by FEMA, and • Prepare closure evaluation memo. 4.A.5 Interior Drainage Evaluation Total Task Cost = $17,218 • Review City of Pueblo Master Drainage Plans to determine flows to each pipe, • Determine tailwater in Fountain Creek — 100-year landside /10 -year Fountain Creek; • Hydraulic analysis of each pipe using HY -8 or HEC -RAS, • Map flooding limits upstream of culvert; and • Provide memo containing hydraulic calculations and topography map of all ponding areas. 4.A.6 Embankment Protection Evaluation Total Task Cost = $9,566 • Evaluation of potential scour depths along the levee reach in conjunction with review of as- builts for toe of protection measures; • Incorporate field inspection observations of riprap, • Assist City in maintenance access to riprap areas at 4 Street; • Perform channel migration study to determine potential impingement points on the levee; and • Prepare memo describing findings and recommendations. 4.A.7 Embankment and Foundation Stability Evaluation Total Task Cost = $19,586 • Assess the stability of the levee embankment and it's foundation using various USACE procedures, • Analyze up to 4 levee cross sections for seepage /stability analyses to verify existing geotechnical analyses; Pueblo Fountain Creek Levee RFP.doc 4.2 ANdERSON CONSUITiNq ENCIiNEERS, INC. • Structural review of the floodwall, parapet walls, retaining walls, and headwalls and wingwalls; and • Prepare draft and final reports of all findings and recommendations. 4.A.8 Sediment Transport Risk Assessment Total Task Cost = $8,716 • Review all available sediment transport studies for Fountain Creek; • Review future sediment removal plans by the Watershed District; • Determine potential depths of sediment deposition along the levee reach, • Recommend survey monitoring locations along levee length to quantify bed deposition and /or erosion along levee reach, and • Prepare memo documenting findings and recommendations. 4.A.9 Settlement Potential Evaluation Total Task Cost = $10,418 • Perform geotechnical analysis of potential loss of freeboard due to settlement at 4 key locations along the levee; • Utilize several USACE procedures; and • Prepare a memo documenting the analyses and any recommendations. 4.A.10 Operation and Maintenance Plan Total Task Cost = $5,918 • Review the City's current Operations and Maintenance Plan for conformance with FEMA and USACE regulations; • Review flood warning procedures and actions to install flood defenses; • Recommendations for long -term maintenance records for the levee, and • Complete O &M records will be essential in re- certifvfna the levee every 10 nears — large cost savings in the future through good O &M (and record keeping) of the levee. 4.A.11 Levee Certification Submittal Preparation Total Task Cost = $33,675 Assuming that the Fountain Creek Levee System meets all FEMA's accreditation requirements, a levee certification submittal package will be compiled. If the Fountain Creek Levee System does not meet all of FEMA's requirements for accreditation then an evaluation report and compliance plan will be developed as described in Task 4 B.11. • Compile a Certification Report that includes all prepared memos from the previous 10 tasks; and • Report will allow ACE to complete FEMA's MT -2 Forms and stamp and certify that the levee meets FEMA's levee accreditation criteria Pueblo Fountain Creek levee RFP.doc 4.3 ANdERSON CONSUITINq ENgiNEERS, INC. 4.A.12 Potential Risk Notification of Properties Protected by a Levee System Total Task Cost = $2,938 • Compile list of parcels that intersect the without - levee /floodwail floodplains; o Prepare draft levee protection letter and outreach materials (brochures, booklets etc.) to mail to affected residents; and o Provide City with flood depths at visible locations throughout the City Total Task Cost = $160,681. 4.B SCOPE OF SERVICES — SUPPLEMENTAL WORK The initial scope of services assumes that all the data and materials required for certification of the Fountain Creek Levee System are available and will meet FEMA's requirements for accreditation. If data is unavailable or materials are inadequate then none, some, or all of the following supplemental services may be required. 4.B.1 Data Collection and Review Total Task Cost = $0 ACE does not anticipate any additional work effort associated with this task. 4.B.2 Field Inspection and Surveying Total Task Cost = $0 ACE does not anticipate any additional work effort associated with this task. 4.B.3 Freeboard Evaluation Total Task Cost = $5,348 If needed, to verify freeboard adequacy ACE will perform one additional update to the hydraulic analyses reflecting proposed improvements such as dredging and /or vegetation removal etc. A table of proposed 100 -year water surface elevations, available freeboard, and required freeboard will be provided in a summary memorandum 4.8.4 Closure Evaluations Total Task Cost = $0 ACE does not anticipate any additional work effort associated with this task. Pueblo Fountain Creek Levee RFP.doc 4 4 ANdERSON CONSUITINq ENCjiNEERS, INC. 4.B.5 Interior Drainage Evaluation Total Task Cost = $4,366 The outlet pipe hydraulic analyses completed in Task 4.A.5 may need to be updated to reflect changed taiiwater conditions associated with dredging and vegetation removal or other improvement alternatives that impact the hydraulic analyses for Fountain Creek. 4.B.6 Embankment Protection Evaluation Total Task Cost = $6,078 If available data does not support certification of the size, gradation, and amount of riprap placed on the levee embankment; then pebble counts will be performed to verify that the in -situ material is capable of protecting the levee from erosive forces during the 100 -year flood event. Pebble counts will be performed at no more than eight (8) locations on the levee. 4.B.7 Embankment and Foundation Stability Evaluation Total Task Cost = $50,641 If deficiencies are identified during the evaluation of available information in Task 4.A.7 then a detailed geotechnical and /or structural investigation may be required. Geotechnical Field Exploration, laboratory Testing, and Analyses • Perform 10 soil borings along the length of the levee; • Perform complete soils analysis on all soil borings; • Seepage and stability analyses for 6 additional cross sections along the levee; • Additional structural analyses of the floodwall, parapet walls, retaining walls, and wingwalls and headwalls; and • Prepare memo detailing all geotechnical and structural analyses. 4.B.8 Sediment Transport Risk Assessment Total Task Cost = $17,362 If during the course of the sediment transport evaluation in Task 4.A.8 it becomes apparent that the available sediment information is not adequate to support re- certification of the levees /floodwall than ACE will evaluate sediment deposition potential for the subject reach. ACE will perform the following; • Develop a 1- dimensional HEC -RAS mobile bed sediment transport model, • Provide estimated channel geometry changes as a result of deposition or aggradation, • Provide an estimate of the time period over which freeboard may be lost due to deposition, and • Identify localized areas where deposition may be more prevalent. 4.6.9 Settlement Potential Evaluation Total Task Cost = $2,560 Pueblo Fountain Creek Levee RFP.doc 4.5 ANdERSON CONSULTING ENGINEERS, INC. If during the course of the settlement evaluation in Task 4.B.9 it becomes apparent that the available settlement information is not adequate to support certification of the levee system than potential settlement analyses will be performed at six (6) additional locations. The settlement analyses will utilize the information collected in Task 4.A.1 and new data obtained from supplemental Task 4 B.7 The results of and documentation supporting the additional settlement analyses will be provided in a summary memorandum. 4.8.10 Operation and Maintenance Plan Total Task Cost = $8,036 If the review of the O &M plans in Section 4.A.10 indicated deficiencies in the plans; then the Certification Team will assist The City of Pueblo with developing modifications to the O &M plans which will meet the requirements of 44 CFR Section 65 10 The O &M plans must be officially adopted by the city to be accepted by FEMA for the current and future certification efforts. • Assist City staff in updating the O &M plan to meet FEMA criteria, • Address tamarisk and sediment management in the channel, and • Prepare an O &M Plan that will be acceptable to FEMA for levee certification, and • Put in place an O &M record keeping system that will greatly reduce the cost of levee re- certification in the future. 4.B.11 Levee Certification Submittal Preparation Total Task Cost = $20,137 If the Fountain Creek Levee System does not meet all of FEMA's requirements for accreditation then an evaluation report and compliance plan will be developed The Evaluation Report will include (a) a summary of the geotechnical settlement and stability investigation; (b) a summary of the structural investigation; (c) the location of interior flooding areas; (d) the existing Operations Plan, Maintenance Plan, and Flood Warning Plan and any recommendations for improvements to the plans; (e) a summary of and documentation supporting the City's ownership of the levee system, (f) a proposed accreditation schedule, and (g) the identification of any known issues that could influence the schedule and ultimate success of the accreditation process. If the field inspections and /or analyses completed during the criteria review do not fully support the Fountain Creek Levee System's accreditation, potential improvements will be identified to address the deficiencies and a Compliance Plan will be developed. The Compliance Plan will attempt to resolve the following potential issues through the formulation of alternatives acceptable the City Pueblo Fountain Creek Levee RFP.doc 4.6 ANdERSON CONSULTING ENqiNEERS, INC. • Vegetation and Rodent Control; • Right -of -Way conflict resolution, • Localized freeboard issues; • Raise earthen levee with parapet walls; • Sediment dredging to gain additional channel capacity; • Removing railroad bridge; or • De- certify select portions of the levee A report will be produced that will include recommendations to address any impediments to the certification of the levee system. 4.B.12 Potential Risk Notification of Properties Protected bya Levee System Total Task Cost = $0 ACE does not anticipate any additional work effort associated with this task. Li Pueblo Fountain Creek Levee RFP.doc 4.7 ANdERSON CONSUITINq ENgiNEERS, INC. 0 J-0 d °' o I w c a I — 1 c - Q ca Q LL to N v c u N 00 2,9- Cr) E c O � W . O I- EQ- F- > Hcn 1 o?S T / N as w J E- 0 v — . � • > al J J : .�' e9- Y ° v CO v c 1 I ," I c CC) tin m .p CO a3 N ° an a' 4 CL - ` c u N +-) oo E o E c ` 1 c , r a) N -Y c .. —° Z D uo m ° ro�o a� m row° c c . V [� f E a F -- > w-i v) t n ai g `o w . 4- '4- U O (o Z 3 ui C W U N Z z W z CU C r} C - a c > 0 : H Z i ry' z ro m a U- w ti w r- L) • W '17 Z w T QU I > v !� •-- 4J kid V) +-, Q1 v Z3 = > O Vf Q r) ai 0 ru M r t 4 C n V v O O> F v LL. 3... al/ 4 U EXHIBIT B MAP (Reflecting Flood Plain Expansion Without Levee Certification)