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RESOLUTION NO. 14081
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND BROWN AND CALDWELL, INC., TO
PROVIDE ENGINEERING SERVICES FOR THE PUEBLO
WASTEWATER DEPARTMENT AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, Statements of Qualifications for Engineering services were
requested and received; and
WHEREAS, a committee was formed to evaluate these qualifications; and
WHEREAS, the committee selected Brown and Caldwell, Inc. as the most
qualified to serve the Pueblo Wastewater Department; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement, a copy of which is attached hereto and made a part hereof by
reference, after having been approved as to form by the City Attorney, by and between
the City of Pueblo, a Municipal Corporation, and Brown and Caldwell, Inc. to provide
engineering services for improvements to the Pueblo Wastewater Department is hereby
approved, subject to the conditions as set forth in said agreement.
SECTION 2.
Work performed under this agreement may include, but is not limited to, the
following items:
1. Review and update the Master Plan for the James R. DiIorio Water
Reclamation Facility and the Collection system
2. Develop a Capital Improvement Plan to maintain and expand the Water
Reclamation Facility
3. Support the Wastewater Department in securing financing for construction
4. Assist City staff with project bidding, site application, and construction
management
5. Assist City staff with wastewater collection system projects
6. Assist City staff with regulatory and legislative efforts
SECTION 3.
The President of the City Council is hereby authorized to execute said
Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest the same.
SECTION 4.
Funds for work performed under this agreement shall be from the Sewer User
Fund.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached agreement to
effectuate the transactions described therein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED November 12, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-7
Background Paper for Proposed
Resolution
November 12, 2018
COUNCIL MEETING DATE:
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 BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN AND
CALDWELL, INC., TO PROVIDE ENGINEERING SERVICES FOR THE
PUEBLO WASTEWATER DEPARTMENT AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
SUMMARY:
This Resolution accepts an agreement between the City and Brown and Caldwell, Inc.
to provide professional services associated with providing engineering services as the
Engineer of Record.
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
The Wastewater Department operates the 31-year-old James R. DiIorio Water
Reclamation Facility and the associated sanitary sewer collection system. Infrastructure
deterioration and changing environmental laws require periodic revision to the Master
Plan, periodic design and construction of new treatment processes, and periodic
process engineering services. This agreement establishes a long-term agreement
between Brown and Caldwell, Inc. to provide professional engineering services in these
areas.
Brown and Caldwell, Inc. was the only firm to submit a qualification statement. Brown
and Caldwell, Inc. is the current Engineer of Record and has performed competent
services.
FINANCIAL IMPLICATIONS
:
Funding for this project are available from the Sewer User Fund.
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
Alternative No. 1 – No Action
In the event of no action being taken, the Wastewater Department would need to re-
advertise for an Engineer of Record since the professional services provided are out of
the scope of the Wastewater Department’s expertise.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
:
Request for Proposal and Project Representative
Evaluation Summary
Contract for Engineering Services
CONTRACT FOR ENGINEERING
SERVICES
THIS CONTRACT entered into as of November 25, 2018 between the City of Pueblo,
a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City") and Brown
and Caldwell, Incorporated, a California corporation, 1697 Cole Boulevard, Golden, Colorado
80401 (the"Engineer"), WITNESSETH:
Recitals
A. The City owns the James R. Diiorio Water Reclamation Facility and associated
sanitary sewer collection systems ("WRF") and solicited competitive proposals for Project
Number 18-087, "Wastewater Department Engineer of Record", to provide planning,
regulatory analysis and interpretation, data analysis and interpretation, engineering design,
process consulting, preparation of bid documents, contractor evaluation and prequalification,
construction management and inspection, modeling, expert testimony, and related services for
future projects at the WRF ("Request For Proposals").
B. In response to the Request For Proposals, Engineer submitted its statement of
qualification and experience ("Response").
C. City has evaluated all Responses submitted and selected Engineer to perform
engineering services for various anticipated projects at the WRF.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants,
City and Engineer agree as follows:
1. Engagement.
(a) City engages Engineer and Engineer accepts such engagement to
perform the services set forth in this Contract and the Standard Form of Agreement for
Professional Engineering Services or Sample Agreement for Professional Services ("Standard
Form of Agreements"), execution of which will be required for each project as may be
directed by the City. Copies of the Standard Form of Agreements are attached hereto.
Anticipated projects (the "Projects") include.
i. Reviewing and updating the WRF and Collection System Master
Plans
ii. Developing a Capital Improvement Plan to maintain and expand
the Water Reclamation Facility
iii. Support the Wastewater Department in securing financing for
construction
iv. Assist City staff with project bidding, site application, and
construction management
v. Assist City staff with wastewater collection system projects
vi. Assist City staff with regulatory and legislative efforts
vii. Identifying,evaluating, and selecting treatment technologies
to achieve long-term goals
viii. Designing treatment process modifications needed to
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implement selected treatment technologies
ix. Providing construction management and inspection services
(b) City may, or may not, in its sole discretion undertake any of the Projects.
Upon written direction from City, the Engineer shall complete and deliver to City one of the
Standard Form of Agreements for each of the Projects as directed by City, and in substantially
the same form attached hereto.
i. If City directs use of the Standard Form of Agreement for
Professional Engineering Services, Engineer shall prepare andsubmit with the Standard Form
of Agreement for Professional Engineering Services,Appendix A-Scope of Services,Appendix B
-Fee Schedule, and Appendix C -Identification of Personnel, Subcontractors and Task
Responsibility.
ii. If City directs use of the Sample Agreement for Professional
Services,Engineer shall prepare and submit with the Sample Agreement for Professional Services,
Schedule 1 - Basic Services, Schedule 2 - Fee Schedule, Schedule 3 - Schedule of Work, and
Schedule 4-Identification of Personnel, Subcontractors and Task Responsibility.
(c) Within a reasonable time after receipt of the Standard Form of Agreement,
City will review same, perform appropriate cost and fee comparisons and analysis, and advise
Engineer if the Standard Form of Agreement is acceptable to City, or which modifications or
changes City requests with respect thereto.
(d) After mutual approval of the terms and provisions of the Standard Form of
Agreement,City will submit same to City Council of City for approval.
2. Term. This Contract is for a term of three (3) years commencing November 25,
2018 and ending November 25, 2021. The term of this Contract may be extended for an additional
period of two (2)years by way of two (2)one (1)year options,upon mutual agreement of City and
Engineer. This Contract may be terminated by either party at any time, without cause or liability,
upon ninety (90) days prior written notice given to the other party specifying the date of
termination, provided, however, that the termination of this Contract shall not terminate or be
deemed to terminate any then existing Standard Form of Agreement executed by and between the
parties with respect to any specified Project.
3. General Covenants. Engineer covenants that it is
(a) competent and qualified to perform and will perform the services and work
contemplated by this Contract and the Standard Form of Agreement in a professional manner in
accordance with generally acceptable standards and practices customarily utilized by competent
engineering firms in effect at the time Engineer's services are rendered.
(b) familiar with the regulations and requirements of the Federal Clean Water
Act ("CWA") and Colorado Water Pollution Control Act ("CWPCA")with respect to the services
and work contemplated by this Contract and Standard Form of Agreement and will perform such
services and work in compliance therewith.
4. Records and Database. Engineer shall maintain a cost accounting system
reasonably acceptable to City. The City shall have access to any books, documents, papers and
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records of the Engineer that are directly pertinent or relate to this Contract or any Standard
Form of Agreement for a specified Project, for the purpose of making audit, examination,
inspection, excerpts, and transcriptions. The Engineer shall maintain such records for three
years after City makes final payments to Engineer and all pending matters are closed. Engineer
shall prepare and maintain an electronic database (compatible with Auto CAD) that accurately
represents all existing and future civil infrastructure work developed by Engineer for all
Projects completed under this Contract and any Standard Form of Agreement for a specified
Project.
5. Specific Covenants. Engineer covenants that, during the performance of this
Contract and any Standard Form of Agreement for a specified Project, Engineer will:
(a) comply with all federal statutes and regulations relating to nondiscrimination
in federally assisted programs including without limitation the CWA and CWPCA.
(b) comply with the State of Colorado's requirements for State Revolving Fund
Loan Projects.
(c) comply with all other applicable federal,state and local laws and regulations.
6. Rights to Inventions. Plans, drawings, designs, specifications, inventions, reports
and all other documents and materials generated under this Contract or any Standard Form of
Agreement for a specified Project shall become the sole property of City upon Engineer's receipt of
payment therefore,subject to applicable federal grant requirements, and City shall be vested with all
rights therein of whatever kind and however created, whether by common law, statute or equity.
Engineer shall retain sole ownership of pre-existing proprietary property including but not limited
to computer programs, software and models.
7. Insurance and Indemnity.
(a) Engineer agrees that it has procured and will maintain during the term of
this Contract, such insurance as will protect it and City from claims under workers' compensation
acts, claims for damages because of bodily injury including personal injury, sickness or disease or
death of any of its employees or of any person other than its employees and from claims or damages
because of injury to or destruction of property; and such insurance will provide for coverage in such
amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Engineer shall obtain and keep in
force is as follows:
(1) Workers' Compensation Insurance complying with statutory
requirements in Colorado and in any other state or states where the
work is performed. The Workers' Compensation Insurance policy
shall contain an endorsement waiving subrogation against the City.
(2) Commercial General Liability Insurance (Policy Form CG. 00 01)
with coverage limits of no less than$1,000,000 per occurrence and in
the aggregate, for bodily injury and property damage, including.
premises/operations and completed operations/products liability. The
Commercial General Liability Insurance policy shall also provide
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coverage for contractual liability and contain an endorsement waiving
subrogation against the City.
(3) Automobile Liability Insurance coverage with limits no less than
$1,000,000 per accident and contain coverage for both hired and non-
owned vehicles and equipment.
(4) Umbrella/Excess Liability insurance in an amount not less than
$1,500,000 per occurrence and in the aggregate in excess of the
primary limits.
(5) Professional Liability Insurance in amounts not less than One Million
and No/100 Dollars ($1,000,000.00 each claim/aggregate) covering
claims arising from the negligent acts, errors or omissions in the
services and work performed by Engineer for City under this
Contract and Standard Form of Agreement for a specified Project.
(6) The Commercial General Liability Insurance, Automobile Liability
Insurance and Umbrella/Excess Liability Insurance policies shall be
endorsed naming City, its officers, agents and employees as
additional insureds.
(c) Engineer shall furnish to City a certificate or certificates of insurance
showing compliance with this section 7. Engineer shall obtain an endorsement from its insurance
carrier that provides that the insurance shall not be cancelled until thirty (30) days after written
notice has been given to City and provide a copy of such endorsement to City. Engineer shall
immediately notify City of any substantial change in, or cancellation, or non-renewal of any such
insurance.
(d) Engineer agrees to hold harmless, defend and indemnify City from and
against any liability to third parties, to the extent caused by the negligent acts, errors or
omissions ofEngineer,its employees,subcontractors and consultants.
8. Certifications. Engineer certifies that
(a) Neither Engineer nor any of its principals are presently, or at the time of
execution of any Standard Form of Agreement for a specified Project will be, debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this Contract or in any such subsequent Standard Form of Agreement for a
specified Project by any entity or agency. Engineer will include this clause in all lower tier
transactions,solicitations,proposals,contracts,and subcontracts.
(b) Engineer is not owned or controlled by one or more citizens of a foreign
country included in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representatives and that it will comply with the Department of
Transportation trade restriction regulations 49 CFR Part 30. Engineer will include this clause
and other clauses required by said trade restriction regulations in all lower tier transactions,
solicitations,proposals,contracts and subcontracts.
9. Notices. Any notice required or permitted by this Contract shall be in writing and
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may be served personally or mailed by first-class mail, postage prepaid, addressed to the party
at its address shown on the first page hereof, and if to the City, a copy of thereof shall be given
to Nancy Keller, Wastewater Director, 211 East D Street, Pueblo, Colorado 81003. Either
party may change addresses upon written notice given to the other party specifying the
changed address.
10. Financial Obligations of City. All financial obligations of the City under this
Contract in any subsequent fiscal year of City are subject to and contingent upon funds being
specifically budgeted and appropriated for such purposes. This Contract is expressly made
subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor
deemed to constitute, the creation of a debt or multi-year fiscal obligation or an obligation of
future appropriations by the City Council of Pueblo, contrary to Article X, § 20 Colorado
Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding
any other provision of this Contract, with respect to any financial obligation of the City which
may arise under this Contract in any fiscal year after 2013, in the event the budget or other
means of appropriations for any such year fails to provide funds in sufficient amounts to
discharge such obligation, such failure shall not constitute a default or breach of this Contract
by the City and the City may terminate this Agreement without liability.
11. Miscellaneous.
(a) This Contract shall be governed and interpreted in accordance with the laws
of the State of Colorado.
(b) In the event of any litigation arising out of this Contract, the court shall
award to the prevailing party its costs and reasonable attorney fees. Venue for any such litigation
shall be Pueblo County, Colorado.
(c) This Contract contains the entire agreement between the City and Engineer
and incorporates all prior written and oral understandings and agreements between the parties.
(d) This Contract may only be modified or amended by written instrument
signed by both City and Engineer.
(e) This Contract shall be binding upon and inure to the benefit of City and
Engineer and their respective successors and assigns, provided, however, Engineer shall not assign
this Contract or any interest herein without the prior written consent of City.
Executed the day and year first above written.
CITY OF PUEBLO
A MUNICIPAL CORPORATION
Attest - - By
L..}4n(7) City Clerk Presi s ent of City Council
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Approved as to form:
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City Attorney
BROWN AND CALDWELL, INC.
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Attest �,\�,� By: 114 .. .. , f
Name: CUs Name: 740 b• 6Eitkii-/Afer
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Title: 1 " f V1tli Title: ,,,,,,,L
CASEY HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201740314388
MY COMMISSION EXPIRES JULY 28,2021
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