HomeMy WebLinkAbout12949RESOLUTION NO. 12949
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND BROWN AND CALDWELL, INC., TO
EVALUATE REFURBISHMENT OR REPLACEMENT OF A
DIGESTER COVER AND TO EVALUATE FEATURES TO
PREVENT FOAM RELEASE AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, the Pueblo Wastewater Department operates a Water Reclamation
Facility providing municipal wastewater treatment; and
WHEREAS, there is evidence of deterioration to the cover of anaerobic digester
#2; and
WHEREAS, the City is obligated to comply with the effluent limits contained in its
discharge permit; and
WHEREAS, Brown and Caldwell, Inc. is the Consultant Engineer of Record and
is 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 carry out
structural inspection of the digester cover and evaluate options for refurbishment or
replacement, and to evaluate options to prevent discharge of foam from the digester, 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 existing record drawings of plant facilities and information and
drawings for new and planned facilities;
2. Structural inspection of the cover and support members;
3. Anchor bolt testing of 40 anchor bolts;
4. Ultrasonic thickness testing at a total of 12 locations;
5. Preparation of a final inspection report addressing the following items:
a. Results of stirrup anchor pullout testing;
b. Recommendations for the repair or replacement of the stirrup anchor
bolts;
c. Compilation and discussion of the results of the concrete crack mapping
effort;
d. Recommendations for sealing of the cracks;
6. Detailed evaluations of alternatives for controlling foam; and
7. Preparation of a technical memorandum summarizing recommendations for
foam control.
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 Project No. WW1403.
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: May 12, 2014
BY: Chris Kaufman
COUNCIL PERSON
City Clerk’s Office Item M-4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 12, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
From: Gene Michael, Wastewater Director
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
SUBJECT:
OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN AND
CALDWELL, INC., TO EVALUATE REFURBISHMENT OR
REPLACEMENT OF A DIGESTER COVER AND TO EVALUATE
FEATURES TO PREVENT FOAM RELEASE AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is a resolution accepting an agreement between the City and Brown and
Caldwell, Inc. for consulting engineering services relating to inspection and
refurbishment or replacement of a cover on a 27-year-old anaerobic digester at the
Water Reclamation Facility, and for installation of features to prevent release of foam
from the digester.
PREVIOUS COUNCIL ACTION
:
On November 25, 2013, the City Council approved Resolution No. 12828, selecting
Brown and Caldwell, Inc. as the Engineer of Record for the Wastewater Department.
BACKGROUND
:
The Wastewater Department operates the James R. DiIorio Water Reclamation Facility
which treats municipal wastewater for the City. The solids treatment process operates
four anaerobic digesters that provide final treatment of solid residuals from the
treatment process. The anaerobic digesters were placed in service in 1987. The
digester covers are made of steel. Anaerobic digestion is a corrosive process involving
the production of organic acids. After 27 years of operation there is evidence that
portions of the steel cover and its supporting structural members have suffered
significant degradation. Under this agreement the digester will be emptied and cleaned,
scaffolding will be erected, and Brown and Caldwell will provide a structural engineer to
provide a detailed examination and report on the condition of the digester cover and its
supports. Following that inspection, Brown and Caldwell will evaluate whether the
existing cover can be refurbished or whether it must be replaced.
Under many conditions, anaerobic digesters can produce variable amounts of gas and
foam. Gas pressure variation can force foam out of the digester through vent pipes,
and such events are deemed reportable spills under current State rules. The report will
also provide recommendations for appurtenances or operation techniques aimed at
eliminating foam releases from the anaerobic digesters.
Refurbishment or replacement of the digester cover, and purchase and installation of
foam control devices, will occur in separate projects.
FINANCIAL IMPLICATIONS
:
The cost of the digester cover evaluation and foam control evaluation will not exceed
$83,064. Funds are available from the Sewer User Fund and have been appropriated
to Project WW1403.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
Not applicable
ALTERNATIVES
:
The no-action alternative would simply allow the anaerobic digester to remain in service
until the cover fails. Failure of the cover would take the anaerobic digester out of
service instantly and unexpectedly, probably resulting in a severe upset of the treatment
process and possibly resulting in violation of effluent limits for an extended period of
time. Collapse of the cover could result in structural damage to the digester, possibly
making complete replacement necessary. Collapse of the cover could result in severe
injury or death to Water Reclamation Facility staff if any are in the digester complex at
the time of failure. Collapse of the cover and damage to the digester could result in the
discharge of up to 470,000 gallons of digester liquid to the Arkansas River.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
: Professional Services Agreement between the City of Pueblo and
Brown and Caldwell, Inc.
ATTACHMENT A
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 1 day of M � , 20 I `/ by and between the
City of Pueblo, a Municipal Corporation ( "Client ") and Brown and Caldwell, Incorporated, a California corporation,
1697 Cole Boulevard, Golden, Colorado 80401 (hereinafter referred to as "Consultant ") for Consultant to render
professional consulting engineering services for Client with respect to Digester Cover Replacement Project 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 as set forth 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.
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.
Consultant shall perform its services in accordance with generally- accepted standards and practices customarily
utilized by competent engineering firms in effect at the time Consultant's services are rendered.
(b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage
to Client to the extent 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's obligation to render services shall continue for such period of time as may reasonably
be required for completion of the work contemplated in Schedule 1 as set forth in Schedule 3 of 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.
0 Time is of the Essence. [Check this box as applicable to Consultant's services, if applicable, the following is
incorporated.)
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 for
Force Majeure events, or any reasonable period of time extended under Section 4(d) below, 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 and the availability of information which must be obtained from any third parties, and all
CA apprvd form 3 /12/10 1
conditions to access to public and private facilities.
(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. $83,064 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, 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 negligent errors or omissions.
(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. Consultant shall rely on information provided without verification unless otherwise agreed in Schedule 1.
(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 reasonable for any decision not involving policy decision or significant financial impact, when all
information reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46
CA apprvd form 3/12/10 2
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 with that level of care and skill ordinarily exercised by
Consultants performing similar services at the time such services are performed, 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. RESERVED.
SECTION 7. USE OF DOCUMENTS.
(a) Plans, drawings, designs, specifications, reports and all other documents and instruments ( "Work
Product ") 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. In the event Client uses Work Product provided
hereunder for another project independent from Project, without adaptation by Consultant, Client shall hold
harmless and indemnify Consultant from all loss, claims, injury and judgments arising from the use of such Work
Product for such other project. Consultant shall retain all rights to its pre - existing proprietary information and
intellectual property. 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 (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
Liabiity Insurance policy shall also provide coverage for contractual liability and contain an endorsement
waiving subrogation against the Client.
(iii) Automobile Liability Insurance with coverage limits no less than $1,000,000per accident
and contain coverage for both hired and non -owned vehicles and equipment.
(iv) 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.
(v) Professional Liability Insurance with coverage of not less than One Million and No /100
Dollars ($1,000,000.00 each claim /aggregate) covering claims arising from the negligent acrs, errors or
omissions in the services performed by Consultant for Client under this Agreement.
(vi) The Commercial General Liability Insurance, Automobile Liability Insurance and
Umbrella/Excess Liability Insurance policies shall be endorsed naming Client, its officers, agents and
employees as additional insureds.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to
third parties, to the extent caused by the negligent acts, errors 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.
SECTION 10. REQUIRED FEDERAL PROVISIONS. [Delete if inapplicable.]
CA apprvd form 3/ 12/ 10 4
NOTE - THIS SECTION DELETED
SECTION 11. 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:
Mr. Gene Michael, City of Pueblo Wastewater Director, 1300 South Queens Avenue, Pueblo, Colorado, 81001 or to
Consultant at
Mary J. Gearhart, PE, CIO Brown and Caldwell, 1697 Cole Boulevard, Suite 200, Golden, CO 80401. 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 matter relating to this Agreement,
unless otherwise provided for by 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 as of the time of any such determination this entire
Agreement shall be void and terminated pursuant to the provisions of Section 5, without waiving any claims or
defenses.
(h) Force Majeure. Neither party shall be responsible for delays caused by circumstances beyond its
reasonable control including but not limited to governmental action, statute, ordinance, rule or regulation, strike or
other labor troubles, fires, acts of God, or other incidents outside of either party's control that makes performance or
acceptance impossible or impractical.
SECTION 12. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING
WORK
CA apprvd form 3/12/10 5
(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.
(b) Contractor 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 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 12, the terms "subcontractor" and "subconsultant" shall mean any
subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement.
SECTION 13. Reserved.
SECTION 14. PERA LIABILITY
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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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first
above written.
CLIENT: CITY OF PUEBLO, A MUNICIPAL
CORPORATION
By / A,AlhA
Press • - t of the City Council
ATTEST:? s APPROVED AS TO FORM:
City Attorney
City C rk
CONSULTANT: BROWN AND CALDWELL, INC.
By:
Name: Mary J. Gearhart, PE
Title: Senior Vice President
CA apprvd form 3/12/10 7
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 capacity, including an independent contractor, a PERA Retiree who
will perform any services for the City of Pueblo? Yes, No_x_ (Must sign helow whether you answer "yes" 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 the privilege of doing business with the City of Pueblo.
Signed , 20
By: J s!!reak
Name: Mary J. . arhart
Title: Senior Vice President
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
Schedule 1
9
APPENDIX A
Dilorio Water Reclamation Facility
Digester Cover Replacement
Project
Scope of Services
Prepared for
City of Pueblo Wastewater Department
April 29, 2014
Brown AND Caldwell
SCHEDULE 1
Dilorio Water Reclamation Facility
Digester Cover Replacement
Project
Scope of Services
Prepared for
City of Pueblo Wastewater Department
April 29, 2014
1 Brown Auo CatdweU
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Project
Introduction
The City of Pueblo, Department of Wastewater (Pueblo WW) operates an anaerobic digestion process for
the treatment of primary and secondary (waste activated sludge or WAS) solids generated at the Dilorio
Water Reclamation Facility (WRF). Pueblo WW is considering replacement of the cover to Digester 2 to
address recognized problems. Additionally, Pueblo WW is interested in a close investigation of the cover
for Digester 2 and limited study to review the digester tanks and covers.
Background
The anaerobic digester complex has four digesters that were constructed as part of the Wastewater
Treatment Plant expansion, designed by Sellards and Grigg, Inc. (1984; brought on -line in 1989).
Digester 3 has a floating cover and is currently operated as a Secondary Digester, taking flow from
Digesters 1 and 2. Digester 4 is an unmixed holding tank, with a floating gas - holder cover. All four of
the current digester covers are steel fabrications installed during the 1989 expansion.
Pueblo WW annually drains and inspects one digester for obvious issues they are able to address before
returning the digester to service. Digester 4 has been completely cleaned and drained and an extensive
review of the cover was conducted. Digester 2 has not been similarly inspected due to the access
difficulties created by an approximately 35 ft. height in the center and a sloped floor as well as the cost
and time needed to erect the scaffolding necessary for a comprehensive interior inspection.
The cover of Digester 2 was previously over - pressurized and dislodged from the top of the digester wall.
While there has not been an interior inspection of the cover for Digester 2, it is recognized to have
significant problems. Pueblo WW conducted a video inspection with a camera on a stick. Although, the
camera recording malfunctioned, Pueblo WW personnel observed a broken radial beam in the cover and
problems with the way it was sitting on the digester wall. There is deteriorating concrete on the tank
wall, where it leaks, and concern about the anchor bolt integrity.
Other reported challenges with the digesters include:
• Leaking/failing lower seals on the external draft tube mixers (lately, performance has improved)
• Digester 4 -Cover in good shape, generally, but the cover lists some and there is evidence of
corrosion damage on 304 stainless steel grease line to rollers.
• Digester 3 - Sidewall damage
• Foam management is a concern. Pueblo WW is seeking a way to direct flow to drain, avoiding a
(reportable) discharge to ground. Currently, staff has lowered operating levels to provide tank
headspace to accommodate foam.
Currently there is about 30 days HDT in primary and secondary digesters, with three digesters in service.
Digester gas pressure has a 13.5" WC setpoint, typically operating about 13" WC. The design gas
pressure is 18 "WC.
As the Engineer of Record, Brown and Caldwell (BC, Consultant) will provide engineering for the project.
Brown AND Caldwell
Pueblo_ Digester _Cover_SOS_O4- 29- 9.4FHNAL.docx
Project Overview
Project elements include:
• Investigation phase to evaluate structural deficiencies of the covers for Digester 2 and related issues
with the digesters walls
• Study phase to evaluate replacement cover options and foam management improvements
• A streamlined alternatives analysis, leading to the design of a new cover installation in 2014.
Project elements beyond the current scope of services include:
• Refurbishment design for Digester 2, if indicated.
• Design and construction of a new digester cover and related improvements
This Scope of Services includes the following phases:
Phase 010 - Project Management and Administration
Phase 100 - Digester Cover Condition Assessment and Report
Phase 200 - Cover Options and Related Improvements
While the ultimate intent of the work of this Scope of Services is for refurbishment or replacement of at
least one digester cover, the wide disparity in the potential solutions suggests that the scoping of the
balance of work would be better understood and described following completion of the Preliminary
Design Report. The balance of phases would be described at that time.
Schedule
The proposed scope of work will be completed within 60 days of authorization. The suggested schedule
is attached. One critical path item is the time required to drain, clean and building scaffolds, if needed.
The sixty days is from the time we can have access to the digester.
Project Objectives
The following specific project objectives apply to the overall project:
• To provide for a refurbished or replacement digester cover yielding a minimum of 20 years of service
with only regular maintenance.
• To complete design of the cover improvements in 2014.
• To install features to prevent uncontrolled foam releases from the digesters.
Project Assumptions and Limitations
The following assumptions were made in the development of this Scope of Services:
• Pueblo WW will provide BC all available and relevant information to aid in the study and design
processes. This includes, but is not limited to:
— Operational data
— Access to the plant site and facility in order to validate and verify as- constructed conditions
— Knowledgeable staff who can discuss operational and maintenance issues
— Timely review and comments within agreed upon schedules
• Pueblo WW will, or contract with others to, clean, drain, provide safe access and assist with safety
monitoring during interior digester inspection work.
• The proposed work will be considered a maintenance replacement and Site Application Amendment
or similar permitting requirements do not apply.
I Brown AND Caldwell v
2
Pueblo_D igesle r_Cover_SOS_04 -29 -14 FI NAL.docx
Project Overview
• The technical memoranda and other deliverables will be revised once each, pursuant to Pueblo's
comments and suggestions.
• All technical memoranda and submittal packages will be reviewed within a goal of 10 days of
submittal.
• For each deliverable, all comments from Pueblo WW will be combined into a single review package
before being returned to BC.
• Electronic deliverable formats will be limited to PDF, AutoCAD, MS Word and MS Excel. BC will not
provide other electronic formats or any other proprietary or licensed software for use by Pueblo WW.
Consultant's Opinion of Probable Costs (Cost Estimate)
Pueblo acknowledges that construction cost estimates, financial analyses and feasibility projections are
subject to many influences including, but not limited to, price of labor and materials, unknown or latent
conditions of existing equipment or structures, and time or quality of performance by third parties.
Pueblo acknowledges that such influences may not be precisely forecasted and are beyond the control
of Consultant and that actual costs incurred may vary substantially from the estimates prepared by
Consultant. Consultant does not warrant or guarantee the accuracy of construction or development cost
estimates.
Brown N D Caldwell
3
Pueblo _Digester_Cover_SOS_04- 29 -1.4 FI NALdocx
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Detailed Scope of Services
Phase 010 - Project Management and Administration
Project Management activities will be conducted in conjunction with the overall general services project
under phase number 144963.001 and the technical scope will be conducted under project number
144963.500.
Activities
Project Management and Administration includes the following activities:
• Project Meetings (except as described in other phases)
• Project Control and Reporting
• Project Closeout
Project Management Planning
The Project Management Plan will document the key project information required by all project team
members to assist them in executing the project to meet the required objectives: on time, on budget,
high quality, and meeting Pueblo WW's critical success factors. The key elements of the project plan are
described below:
• Project Charter, which will establish the project goals, objectives, and critical success factors.
• Project team members, their roles, and responsibilities, including a staffing plan (management,
engineering, QA /QC, etc.)
• Scope of Services with work breakdown structure
• Project schedule updates will be provided in monthly progress reports if changes have been made
and agreed upon by Pueblo WW
• Project budgets
• Communications Plan
• Risk Management Plan
• QA /QC Plan
• Project documentation plan and file structure
• Change management process
• Health and Safety Plan for field work
Project Control and Reporting
Monthly invoices will be prepared and submitted to Pueblo WW in an approved format. Invoices shall
include:
• Total contract amount
• Total charges to date
• Previous billings
• Outstanding balance
• Current amount remaining
I Brown AND Caldwell
4
Pueblo_D igester_Cover_SOS_04- 29 -1.4 FINAL docx
Phase 010 - Project Management and Administration
• Total amount due
This task also a includes generating a narrative description of work performed during invoice period and
periodic project review by BC management to assure that the project is meeting Pueblo WW's critical
success factors, is on schedule, and within budget.
Project Meetings and Workshops •
BC will meet with Pueblo WW every other month or at important milestones to review project status,
coordinate project activities, obtain direction, and answer specific questions relating to the project. Two
members of the consultant team will participate. The budget includes travel to one bi- monthly meeting
over the course of the project. Conference call updates will be held, as needed, between monthly
progress meetings.
Quality Control and Deliverable Production
This activity includes internal quality control review for all technical memoranda, calculations and
process models.
Project Close - out
During project close -out, BC will resolve all final invoices to Pueblo WW, consolidate and archive all
project files, and meet with Pueblo WW to review the project performance and achievement of project
objectives.
Deliverables
• Monthly invoices
• Monthly progress report, in conjunction with, or closely timed with the invoices,
• Meeting agendas, presentation materials, and meeting notes
I Brown no Caldwell
5
Pueblo_Digester_Cove r_SOS_04- 29 -1.4 FI NAL.docx
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Phase 100 - Digester Cover Condition Assessment and
Report
Objective
BC will undertake the Digester 2 cover and wall mounting locations condition assessment and site
investigations needed to support study activities.
Subcontracting
BC will subcontract with a materials testing firm to conduct anchor bolt testing and ultra -sonic thickness
testing of the digester covers.
Activities
Kick -off Meeting and Site Review
BC will conduct a kick -off meeting with Pueblo WW staff and BC team members to establish project
expectations, discuss issues and concerns, and develop a foundation for collaborative teamwork. In
order to clearly discuss piloting objectives and responsibilities of Pueblo WW staff and BC team
members.
Additionally, BC will review the site in conjunction with Pueblo WW staff to confirm our understanding of
the current conditions and collect additional available information on the existing facilities. Desired
information will include:
• Existing record drawings for plant facilities
• Information and drawings for new or planned construction, if any.
Digester Cover Condition Assessment
Coordination
BC will coordinate with Pueblo WW on the digester timing and cleaning and safe entry provisions. BC will
also coordinate with Pueblo for the temporary construction of a means of getting an observer within a
few feet of the underside of the fixed cover. Preferred options are either scaffolding or filling the digester
with clean water (see assumptions and limitations) and using a rubber boat for the observer.
BC will coordinate with a subcontracted materials testing firm to provide pullout testing of the support
stirrup anchor bolts and non - destructive ultrasonic testing of the digester cover coincident with the
interior inspection of the digester.
• Anchor bolts will be tested to the force required to prevent uplift of the cover ignoring the effects of
friction and adhesion at the skirt plate seal. All 40 bolts will be tested.
• A total of 12 locations of the digester cover will be subjected to ultrasonic thickness testing.
Inspection
A subcontracted materials testing firm will provide pullout testing of the support stirrup anchor bolts and
non - destructive ultrasonic testing of the digester cover coincident with the interior inspection of the
digester. Work will be coordinated with digester interior inspection.
For interior inspection BC will:
Brown AND Caldwell
6
Pueblo _Digester_Cover_SOS_C4- 29 --14 FI NAL.docx
Phase 100 - Digester Cover Condition Assessment and Report
• Observe, photograph and map all cracks along the perimeter of the concrete wall upper surface
through which gas, foam or liquid could leak.
• Observe the underside of the fixed cover to the extent possible. To the extent possible, clean any
remaining the scale from the underside of the cover and take photographs of the entire surface of the
cover.
Condition Assessment Report and Workshop
BC will prepare a draft condition assessment report and provide for Pueblo WW staff review and
comment. This short report will include the following information and topics:
• A compilation and discussion of the results of the stirrup anchor pullout testing.
• Recommendations for the repair or replacement of the stirrup anchor bolts.
• Compilation and discussion of the results of the concrete crack mapping effort.
• Provide recommendations for sealing of the cracks.
• Compilation and discussion of the results of the visual observation of the underside of the digester
cover.
Following transmittal of the draft report, BC will conduct a workshop discussing the assessment findings
and recommended actions. At this meeting, BC will seek to confirm whether the repair and replacement
options are to be subjected to further analysis. Once there is consensus, meeting notes will be prepared
and a final report will be developed and transmitted for Pueblo WW use.
Deliverables
The deliverables for this phase of the project will consist of the following:
• Draft and Final Inspection Report
• Meeting minutes
Assumptions and Limitations
The fee estimate has been developed based on the following assumptions and limitations. If Pueblo WW
desires BC to be responsible for any or all of the services listed as Pueblo WW responsibility, the fee
estimate will be revised to reflect those changes.
• Pueblo WW will conduct, or contract for, interior digester cleaning services. In addition to the
conventional cleaning, debris removal and draining the cleaning contractor would be required to high
pressure wash (not less than 5000 psig) the interior cover surface to remove accumulated debris and
scaling.
• Pueblo WW will provide necessary open hatches, ventilation, lighting and monitoring for safe access
to the digester interior.
• Pueblo WW will provide inspection access using one of the two methods:
— Scaffolding for cleaning and inspection access to the entire interior digester cover, or
— Refilling a cleaned digester with clean water (not less than disinfected secondary effluent,
with a minimum chlorine residual to control biological growth), to provide seated access to the
digester cover interior at the tank perimeter.
Brown ANC Caldwell
7
Pueblo _Digester_Cover_SOS_04 -29 -1A FINAL.docx
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Phase 200 -Cover Options and Related Improvements
Objective
The objective for this phase is to evaluate cover refurbishment or replacement alternatives and
recommend a cover system and related elements including and foam control.
Activities
The following activities will be conducted during this phase of the project.
Alternatives Development and Screening
Covers. BC will explore digester cover repair as a base case, if deemed practical after the assessment
phase, and two potential replacement cover systems (steel and concrete submerged fixed type) and
identify advantages and disadvantages of each.
Foam Control. Foam control measures to be considered are: trough (gutter) around digester perimeter,
additional headspace above liquid surface, and foam sprayers.
Workshops
BC will facilitate working sessions with Pueblo WW staff. Workshops will begin with a review of the
action item log and decisions from the last meeting. There will be one workshop after the alternatives
screening and one following preparation of the life cycle costs analyses and draft technical
memorandum development.
At total of two workshops are planned with duration of 2 hours each.
Detailed Evaluations
BC will prepare more detailed evaluations for the short listed (up to 3) cover alternatives. These
evaluations will include figures depicting the improvements required, description of equipment,
structural improvements, electrical and instrumentation improvements, maintenance requirements,
summary-level operating costs for relative comparison, performance history, and capital cost. Foam
control measures will also be included.
A lifecycle cost comparison of each alternative will be prepared, including Class 5 (conceptual; -50 to +
100 %) opinions of probable construction cost. Working in collaboration with Pueblo WW, BC will develop
qualitative criteria for comparison of alternatives. Both the qualitative and quantitative (i.e. lifecycle
cost) criteria will be compared to the existing systems.
Technical Memoranda
BC will prepare a draft and final technical memorandum for the work of this phase. The technical
memoranda will give a background of the topic, a summary of the existing condition, short description of
all alternatives for improvement, preliminary screening of alternatives, description of the detailed
evaluations for each shortlisted alternative, and a summary of the evaluation results. Technical
memoranda will be submitted individually in electronic format for review and comment. Comments and
resolution to the comments will be recorded.
1 Brown ANo Catdwett
s
Pueblo_ Digester _Cover_SOS_04 -29 -14 F NAL.docx
Phase 200 - Cover Options and Related Improvements
Deliverables
The deliverables produced during this phase of the project include:
• Workshop meeting notes
• Technical memoranda (PDF electronic file format)
Assumptions and Limitations
The fee estimate will be developed based on the following assumptions and limitations.
• Systems that are common to all alternatives (e.g. pressure and vacuum relief valves and overflow
protection systems will not be included in the evaluations)
• Digester capacity changes, if any, due to a particular cover system will be identified, but the process
implications will not be quantified under this scope. We propose to defer this until more complete
process modeling is conducted and as part of a future scope of services.
I Brown ANo Caldwell
9
Pueblo_ Digester _Cover_SOS_O4 -29 -14 Fl NAL.docx
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