HomeMy WebLinkAbout14033
RESOLUTION NO. 14033
A RESOLUTION APPROVING AN AGREEMENT IN AN
AMOUNT NOT TO EXCEED $70,000 BETWEEN THE CITY OF
PUEBLO AND OTTERTAIL ENVIRONMENTAL, INC., FOR
PROFESSIONAL SERVICES ASSOCIATED WITH
ENVIRONMENTAL MONITORING
WHEREAS, the City of Pueblo owns, operates and maintains a wastewater system
subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality
Control Act; and
WHEREAS, the Colorado Department of Public Health and Environment has adopted
changes to the regulations governing the methods used to determine attainment of aquatic life
uses for surface waters; and
WHEREAS, the Colorado Department of Public Health and Environment is proposing to
base assessment of compliance with narrative standards for nutrients on the aquatic life
attainment methodology; and
WHEREAS, the changes may affect the compliance status of Pueblo’s Water
Reclamation Facility; and
WHEREAS, the City has selected OtterTail Environmental, Inc. to provide professional
services for evaluating attainment of aquatic life uses; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Professional Services by and between Pueblo, a Municipal
Corporation, and OtterTail Environmental, Inc., a true copy of which is attached hereto and
incorporated herein by reference (the “Agreement”) having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2.
Funds for payment for professional services under said Agreement in an amount not to
exceed $70,000 shall be paid from appropriated funds budgeted in the City’s 2018 Budget from
the Sewer User Fund.
SECTION 3.
The City Council President is hereby authorized to execute said contract on behalf of
Pueblo, A Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and
attest the same.
SECTION 4.
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 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: August 27, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 27, 2018
TO:
President Christopher A. Nicoll and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Brenda Armijo, Acting City Clerk
FROM:
Nancy Keller, Wastewater Director
SUBJECT:
A RESOLUTION APPROVING AN AGREEMENT IN AN AMOUNT NOT TO
EXCEED $70,000 BETWEEN THE CITY OF PUEBLO AND OTTERTAIL
ENVIRONMENTAL, INC., FOR PROFESSIONAL SERVICES ASSOCIATED
WITH ENVIRONMENTAL MONITORING
SUMMARY:
This Resolution accepts an agreement between the City and OtterTail Environmental, Inc. for
professional services associated with environmental monitoring. The monitoring performed will
include a Multi-Metric Index Study in selected portions of the Arkansas River watershed, and
related observations of the habitat and sediment.
PREVIOUS COUNCIL ACTION
:
On August 28, 2017 the City Council approved Resolution No.13755, authorizing OtterTail
Environmental to perform the 2017 Multi-Metric Index Study, and recalculation of 2012-2017
macroinvertebrate data.
BACKGROUND
:
The Colorado Department of Public Health and Environment (CDPHE) changed the regulations
that establish aquatic life classifications for water bodies and implemented guidance for
methods to assess use attainment for aquatic life uses. The assessment methodology is called
a Multi-Metric Assessment. CDPHE is currently proposing to use this method in determining
compliance with the narrative standard for nutrients. It may affect standards for selenium as
well. A finding of non-attainment will result in the stream segment being added to the list of
impaired waters, which in turn will affect the effluent limits applied to Pueblo’s Water
Reclamation Facility. The next evaluation will be performed in 2019. It is in the interest of the
City of Pueblo to perform assessments to determine the compliance status of Segment 1a of the
Lower Arkansas River, and to ensure that the assessment will not be based on the result of a
single sampling effort.
FINANCIAL IMPLICATIONS
:
Funds for the 2018 Multi-Metric Assessment study are available from the Sewer User Fund and
were appropriated in the 2018 budget.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
The alternative is to wait for CDPHE to determine if the stream is meeting the narrative nutrient
standard based on one sample collected by the CDPHE staff. Impairment listing will be based
on that single sample rather than yearly samples that show a more complete perspective of the
river water quality. The potential of listing the stream as impaired is significantly increased
when good baseline data is not available.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
:
Agreement for Professional Services between the City of Pueblo and OtterTail
Engineering, Inc.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this_13th_day of_August_,2018_, by and between the City of Pueblo,
a Colorado Municipal Corporation(hereinafter referred to as "Client")and_OtterTail Environmental, Inc.
_(hereinafter referred to as"Consultant") for Consultant to render professional services for Client with respect to
Project# 229 Project Name:_a Multi-Metric Index Study 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 consulting services for the Project described in
more detail in Schedule I attached hereto and incorporated herein by reference(the "Basic Services"). Such services
shall include all usual and customary professional consulting services in connection with its work on the Project.In the
event this Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals (RFP) or a
Request For Qualifications (RFQ) all of the requirements of that RFP or RFQ are incorporated herein by reference,
unless any requirement is expressly excluded in Schedule I.
(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 reports
and other services,notwithstanding Client's initial acceptance of 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;and 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 labor and equipment 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.
Consultant—General—CA 04-18 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. $_70,000_,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,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$5,000.00 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 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
Consultant—General-CA 04-18 2
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 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.TERM AND TERMINATION
(a) Term. The term of this Agreement begins on the Effective Date and ends on_December 31_,
2019 ,unless sooner terminated in accordance with this Agreement. City reserves the right to extend the term of
this Agreement in one-year increments by written acceptance of both parties.
(b) Fund Appropriation. This agreement is expressly made subject to the limitations of the Colorado
Constitution. Nothing herein shall constitute,nor be 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 of the
Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other
provision of this agreement,with respect to any financial obligation of City which may arise under this agreement in
any fiscal year after the current year, in the event the budget or other means of appropriations for any such year fails
to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default by or
breach of this agreement. The termination of this Agreement due to lack of funding shall be without penalty to the
City.
(c) 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,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.
(d) 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 ail 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).
(e) 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.
(f) 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.
Consultant—General—CA 04-18 3
(a) Data, plans, 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 or nature 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, plans, reports and all other 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.
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. The Consultant shall secure and maintain during the
period of this agreement/contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the contractor with respect to all
work performed by him and all his subcontractors under the agreement/ contract, to be written on a
comprehensive policy form. This insurance shall be written in amounts not less than $1,000,000 for each
occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each
occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its
agents, officers and employees as additional insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards,underground property damage hazard,
blanket contractual coverage,as well as Owner's and Contractor's Protective Liability(OCP)coverage. The
policy shall also provide coverage for contractual liability assumed by Contractor under the provisions of the
Agreement/Contract,and"Completed Operations and Projects Liability"coverage.Said Commercial General
Liability Insurance policy shall contain an endorsement waiving subrogation against the Client.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible of not more than$_250.00 per claim
(iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain
during the period of the agreement/contract and for such additional time as work on the project is being
performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of
liability for and injury to one person in any single occurrence of not less than$350,000 and for any injury to two
or more persons in any single occurrence of not less than $1,000,000. 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 site of the project of 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.
Consultant—General—CA 04-18 4
(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 written consent thereto. Consultant shall
not assign or reassign Project work to any person to whom Client has reasonable objection.
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:
City of Pueblo Water Reclamation Facility 1300 South Queens ,Pueblo,Colorado,or to Consultant at Attn:
Ed Fleming,OtterTail Environmental,Inc.,10200 West 44'Ave,Ste 210,Wheat Ridge,CO 80403 . 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, gender orientation or age. Consultant shall endeavor to insure that its
employees are treated during employment without regard to their race,color, religion, sex, national origin, disability,
gender orientation or age.
Consultant—General—CA 04-18 5
(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, 104th Congress,as amended and expanded in Public Law 156, 108th 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
Consultant—General—CA 04-18 6
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 14. 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 Attachment 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.
CITY OF PU :LO,A M ICIPAL CORPORATION OTTERTAIL ENVIRONMENTAL, INC.
B By: x— I_Ili. 4
'resident of the City Council
Attest: rZ � Title: President
(-4-c41(IC) City Clerk
[ SEAL]
BALANCE OF APPROPRIATION EXISTS FOR'THIS CONTRACT AND FUNDS ARE AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
• c. 1 ea11.,�
City Attorney
Consultant—General—CA 04-18 7
ATTACHMENT 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 capacity,including an independent contractor,a PERA Retiree
who will perform any services for the City of Pueblo? Yes___, No_X . (If you answered"no" please proceed to
signature section at bottom of this page.)
(b) If you answered"yes"to(a)above,please answer the following question: Are you an individual,sole
proprietor or partnership,or a business or company owned or operated by a PERA Retiree or an affiliated party?
For purposes of responding to this question,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. Yes ,No
If you answered"yes"please state which of the above entities best describes your business:
(c) 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.
Please provide the name,address and social security number of each such PERA Retiree. If more than two,please attach
a supplemental list.
Name Address Social Security Number
Name Address Social Security Number
Failure to accurately complete, sign and return this document to the City of Pueblo may result in you being
denied the privilege of doing business with the City of Pueblo.
Company Name: OtterTail Environmental, Inc.
� / y
Authorized Signature:_ /A / IL /4A _ Title: President_
Printed Name:_Ed Fleming Date: M.10',2018
8
SCHEDULE 1
Scope of Work for the
Pueblo Wastewater Department's Multi-Metric Index Study:
2018 Field Season
Submitted to:
Nancy Keller, Wastewater Director
City of Pueblo Wastewater Department
1300 South Queens Ave.
Pueblo, CO 81001
Submitted by:
DtterTail
Environmental x
10200 W. 44th Ave., Suite 210
Wheat Ridge, Colorado 80033
Phone: (303) 858-8350
Fax: (303) 858-8567
May 18, 2018
* tl 1
Environmental 4 May 2018
SCHEDULE 1
Scope of Work for the
Pueblo Wastewater Department's Multi-Metric Index Study:
2017 Field Season
This Scope of Work (Scope) describes tasks associated with the 2018 field season to be performed by
OtterTail Environmental, Inc. (OtterTail) in continuing an examination of Colorado's Multi-Metric Index
(MMI), periphyton chlorophyll a, and physical habitat on behalf of the City of Pueblo Department of
Wastewater (Wastewater). The study area is in the vicinity of wastewater discharge from the James R.
Dilorio Water Reclamation Facility (WRF) into the lower Arkansas River, Segment la. Colorado's
macroinvertebrate MMI is intended to determine if a river or stream is suitable for aquatic life use. See the
March 22, 2012 Supplemental Information Memorandum for OtterTail's analysis of the MMI for Segment
la of the lower Arkansas River.
The objective of the 2018 study is to supplement data provided to Wastewater from our 2011 through 2017
sampling, complete further analysis of macroinvertebrate diversity and community composition, and to
compare data between sample years. Additional information on specific approaches proposed for this study
has been described in greater detail in previous reports.
Task 1 Sampling Planning and Preparation
As Colorado's MMI is currently intended to serve as the primary indicator of aquatic life use attainment or
impairment of a waterbody by the Colorado Department of'Public Health and Environment(CDPHE), it
will also be used in this study as an indicator of aquatic life health. OtterTail will continue to refine the
approach for identifying stressors to macroinvertebrate community health(indicated by MMI).
Task 2 Sampling
Task 2.1 Macroinvertebrate MMI Sampling&Analysis
OtterTail will collect three replicate macroinvertebrate samples from each of the three established sampling
reaches using the CDPHE "soft-bottomed" methodology (sampling from vegetated bank margins,
submerged woody debris or snags, and aquatic macrophytes) during late-summer/fall within the proposed
revised Index Period (May 1-November 30) but as close to the previous sampling schedule target
timeframe (late September) as allowed by flow. OtterTail will sort and identify macroinvertebrates to the
level of Operational Taxonomic Unit(OTU)as defined by CDPHE Policy 10-1.
OttetTail 2
Environmental, May 2018
Task 2.2 Habitat Sampling&Data Analysis
OtterTail will complete quantitative physical habitat mapping within the three sample reaches. This effort
will include an assessment of bed and channel stability, identification of potential sedimentation and
sediment transport issues, and quantifying physical habitat according to available fish/macroinvertebrate
habitat types (e.g., riffles, runs, pools, snags/woody debris, undercut banks, and submerged vegetation).
Modified Wolman Pebble Counts will be completed within each sample reach following the prior study
specifications. Additional physical habitat and pebble count assessments will address specific needs to
identify potential macroinvertebrate stressors. Additional habitat sampling is necessary to focus on
potentially important habitat parameters, identify potential data gaps, and establish the natural range of
conditions in the Arkansas River.
Task 2.3 Periphyton Chlorophyll-a Sampling and Analysis
Collection of periphyton for calculation of chlorophyll a will be conducted concurrent with
macroinvertebrate sampling. The methodology will follow the CDPHE's procedures.
Task 3 Analysis and Reporting
OtterTail will calculate MMI scores using Colorado's revised Biotype 3 metrics for all macroinvertebrates
samples collected and for available macroinvertebrate data that were collected prior to this study (2012-
2016). MMI scores will be compared statistically to determine potential differences between sites, river
banks, sample years (2012-2018), and MMI metric formulae revisions. OtterTail will also complete a
statistical comparison of physical habitat mapped between sample reaches, as appropriate.
OtterTail will continue to preliminarily identify potential macroinvertebrate stressors in the study area by
examining habitat, water quality, and other potentially pertinent data (as available) compared to MMI.
Potential stressors examined for the Arkansas River, Segment 1 a, will include physical habitat
measurements, water quality data(collected by Wastewater), pebble counts, urbanization, and others.
A detailed summary of the results will be provided to Wastewater in a written report. Raw data, statistical
summaries, and analyses will be provided with the report.
Cost Summary
Tasks
Task 1 Sampling Planning and Preparation $3,900
Task 2.1 Macroinvertebrate MMI Sampling& Analysis $17,960
Task 2.2 Habitat Sampling& Data Analysis $18,680
Task 2.3 Periphyton Chlorophyll a Sampling&Analysis $4,450
Task 3 Analysis and Reporting $25,010
Total $70,000
Ottei'Fall
Environmental May 2018
4Jttefthil
Environmental
SCHEDULE 2
Schedule
OtterTail proposes to conduct the sampling during the last two weeks in September, 2018 if
stream flows allow. If flows do not allow collection during this preferred time frame, OtterTail is
prepared to conduct the surveys in October as soon as accessible. A draft of the report results
will be provided no later than February, 28th, 2017. A final report will be provided no later than 2
weeks after receipt of comments.
info@ottertail.us•www.ottertail.us
I
Environmental.
SCHEDULE 3
OtterTail Environmental, Inc.
2018 Rate Sheet
Technical Titles Rate
Principal Scientist $177
Senior Scientist $139
Project Scientist $105
Staff Scientist $79
Administrative/Accounting $65
Data Entry $49
Dtteffa,11
Environmental'g
May 18, 2018
City of Pueblo
230 Mechanic Street
Pueblo, Colorado 81003
RE: E-Verify Program-Multi-Metric Index Study
To Whom It May Concern:
Please accept this letter as certification that OtterTail Environmental, Inc. (OTE) does not knowingly employ or
contract with any illegal aliens and has not or will not knowingly enter into a contract with any subcontractor
that fails to certify to us that they do not knowingly employ or contract with any illegal aliens. OTE participates
in or has applied for participation in the E-Verify Program created by Public Law 208, 104th Congress, as
administered by the United States Department of Homeland Security.
Regards,
Ed Fleming
OtterTail En nmental,Inc.
10200 W.44th Ave,Ste 210,Wheat Ridge,CO 80033 • Tel(303)858-8350 • Fax(866)935-5250
info@OtterTail.us • www.Otter"Fail.us