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HomeMy WebLinkAbout12828RESOLUTION NO. 12828 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN AND CALDWELL, INC., 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 Brown and Caldwell, Inc. as the most qualified to serve the Pueblo Wastewater Department; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement, 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 Brown and Caldwell, Inc. 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. DiIorio 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 6. Assist City staff with regulatory and legislative efforts SECTION 3. The President of the City Council is hereby authorized to execute said Agreement 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 agreement shall be from the Sewer User Fund. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached agreement to effectuate the transactions described therein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: November 25, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: NOVEMBER 25, 2013 AGENDA ITEM # M-4 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN AND CALDWELL, INC., 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 approve an agreement to provide professional engineering services for the Pueblo Wastewater Department to Brown and Caldwell, Inc.? RECOMMENDATION Approve this Resolution. BACKGROUND The Wastewater Department operates the 26 year old James R. DiIorio 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 agreement establishes a long-term agreement between Brown and Caldwell, Inc. to provide professional engineering services in these areas. Qualification statements were received from four engineering firms. Brown and Caldwell, Inc. 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 FOR ENGINEERING SERVICES THIS CONTRACT entered into as of November 25, 2013 between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Brown and Caldwell, Incorporated, a California corporation, 1697 Cole Boulevard, Golden, Colorado 80401 (the "Engineer"), WITNESSETH: Recitals A. The City owns the James R. Dilorio Water Reclamation Facility and associated sanitary sewer collection systems ( "WRF ") and solicited competitive proposals for Project Number 13 -061, "Wastewater Department Engineer of Record ", to provide planning, regulatory analysis and interpretation, data analysis and interpretation, engineering design, process consulting, preparation of bid documents, contractor evaluation and prequalification, construction management and inspection, modeling, expert testimony, and related services for future projects at the WRF ( "Request For Proposals "). B. In response to the Request For Proposals, Engineer submitted its statement of qualification and experience ( "Response "). C. City has evaluated all Responses submitted and selected Engineer to perform engineering services for various anticipated 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 the Standard Form of Agreement for Professional Engineering Services or Sample Agreement for Professional Services ( "Standard Form of Agreements "), execution of which will be required for each project as may be directed by the City. Copies of the Standard Form of Agreements are attached hereto. Anticipated projects (the "Projects ") include. i. Reviewing and updating the WRF Master Plan ii. Developing a Capital Improvement Plan iii. Identifying, evaluating, and selecting treatment technologies to achieve long -term goals iv. Designing treatment process modifications needed to implement selected treatment technologies v. Providing construction management and inspection services (b) City may, or may not, in its sole discretion undertake any of the Projects. Upon written direction from City, the Engineer shall complete and deliver to City one of the Standard Form of Agreements for each of the Projects as directed by City, and in substantially the same form attached hereto. i. If City directs use of the Standard Form of Agreement for Professional Engineering Services, Engineer shall prepare and submit with the Standard Form of -1- Agreement for Professional Engineering Services, Appendix A - Scope of Services, Appendix B - Fee Schedule, and Appendix C - Identification of Personnel, Subcontractors and Task Responsibility. ii. If City directs use of the Sample Agreement for Professional Services, Engineer shall prepare and submit with the Sample Agreement for Professional Services, Schedule 1 - Basic Services, Schedule 2 - Fee Schedule, Schedule 3 - Schedule of Work, and Schedule 4 - Identification of Personnel, Subcontractors and Task Responsibility. (c) Within a reasonable time after receipt of the Standard Form of Agreement, City will review same, perform appropriate cost and fee comparisons and analysis, and advise Engineer if the Standard Form of Agreement is acceptable to City, or which modifications or changes City requests with respect thereto. (d) After mutual approval of the terms and provisions of the Standard Form of Agreement, City will submit same to City Council of City for approval. 2. Term. This Contract is for a term of three (3) years commencing November 25, 2013 and ending November 25, 2016. 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 the Federal Clean Water Act ( "CWA ") and 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 fmal 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 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: -2- (a) comply with all federal statutes and regulations relating to nondiscrimination in federally assisted programs including without limitation the CWA and 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. Plans, drawings, designs, specifications, inventions, reports and all other documents and materials generated under this Contract or any Standard Form of Agreement for a specified Project shall become the sole property of City, subject to applicable federal grant requirements, and City shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Engineer shall retain sole ownership of pre- existing proprietary property including but not limited to computer programs, software and models. 7. Insurance and Indemnity. (a) Engineer agrees that it has procured and will maintain during the term of this Contract, 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 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 City. (2) Commercial General Liability Insurance (Policy Form CG 00 01) with coverage limits of no less than $1,000,000 per occurrence and in the aggregate, for bodily injury and property damage, including premises /operations and completed operations /products liability. The Commercial General Liability Insurance policy shall also provide coverage for contractual liability and contain an endorsement waiving subrogation against the City. (3) Automobile Liability Insurance coverage with limits no less than $1,000,000 per accident and contain coverage for both hired and -3- non -owned vehicles and equipment. (4) Umbrella/Excess Liability insurance in an amount not less than $1,500,000 per occurrence and in the aggregate in excess of the primary limits. . (5) Professional Liability Insurance in amounts not less than One Million and No /100 Dollars ($1,000,000.00 each claim/aggregate) covering claims arising from the negligent acts, errors or omissions in the services and work performed by Engineer for City under this Contract and Standard Form of Agreement for a specified Project. (6) The Commercial General Liability Insurance, Automobile Liability Insurance and Umbrella/Excess Liability Insurance policies shall be endorsed naming City, its officers, agents and employees as additional insureds. (c) Engineer shall furnish to City a certificate or certificates of insurance showing compliance with this section 7. Engineer shall obtain an endorsement from its insurance carrier that provides that the insurance shall not be non - renewed or cancelled until thirty (30) days after written notice has been given to City, and provide a copy of such endorsement 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, to the extent caused by the 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 entity 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 -4- 9 , 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. This Contract is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute; nor deemed to constitute, the creation of a debt or multi -year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X,' §,-'20. Colorado.', Constitution or any other constitutional, statutory or charter debt limitation. Netwithsiandng_any other provision of this Contract, with respect to any financial obligation of the_City whi hmay arise under this Contract in any fiscal year after 2013, in the event the budget : or, other means of appropriations for any such year fails to provide funds in sufficient amounts "to-disehar.ge such , obligation, such failure shall not constitute a default or breach of this Contract bythe.. City and ". the City may terminate this Agreement without liability. 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 MUNI ' • ' " ON 4111P Attest: • .,_ : • •�� _ City rk ' e City Council -5- Approved as to form: AA A , Man bd City Attorney BROWN AND CALDWELL, INC. Attest:, c—C By: :— Nanie s . Buetz, Nalrie:111 ar fireirmsor Title: A.51 Secretary Title: 411 A -A •