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HomeMy WebLinkAbout14572RESOLUTION NO. 14572 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND PARTNERS ENVIRONMENTAL CONSULTING, INC, RELATING TO THE PUEBLO BROWNFIELDS PROJECT PL2006 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME WHEREAS, the Pueblo Brownfields Assessment Project, PL2006 has been established; and, WHEREAS, Partners Environmental Consulting, Inc. has been selected to provide professional services for said Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Services dated March 8, 2021, between the City of Pueblo, a Colorado Municipal Corporation, and Partners Environmental Consulting, Inc. of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Purchasing Agent is hereby authorized to execute and deliver said Agreement on behalf of the City of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Funds in the amount of $296,890 for said professional services shall be paid from Pueblo Brownfields Assessment Project, PL2006. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED March 8, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-5 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: March 8, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND PARTNERS ENVIRONMENTAL CONSULTING, INC, RELATING TO THE PUEBLO BROWNFIELDS PROJECT PL2006 AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME SUMMARY: This Resolution approves an Agreement for professional services relating to the Pueblo Brownfields Assessment Project. PREVIOUS COUNCIL ACTION: City Council accepted a grant-funded cooperative agreement BF95809310-0 from the Environmental Protection Agency Region 8 (EPA) in the amount of $300,000 established the Project and budgeted and appropriated said funds for said Project on October 26, 2020 by Ordinance No. 9796. BACKGROUND: The City solicited proposals (Bid No. 21-004) for consultants to provide for phase I and phase II environmental site assessments to determine if specific properties contained hazardous substances (such as asbestos) and/or petroleum (such as former gas stations). Doing so will qualify the City of Pueblo for successive grant programs advantageous for redevelopment, including property owner exemptions from liability, targeted clean-up, and revolving loan funding. The Project includes the establishment of a Brownfields Advisory Committee. Twelve consulting firms submitted proposals, the top three were interviewed, and Partners Environmental Consulting, Inc. was selected as the most qualified to complete the Project. The Project work plan budgeted $3,110 for program management direct costs for staff to attend a Brownfields conference, with $296,890 remaining for a contract amount for professional services. FINANCIAL IMPLICATIONS: The total project budget, PL2006 will be funded through the following sources: Environmental Protection Agency (award date October 2020) $ 300,000.00 $ 300,000.00 BOARD/COMMISSION RECOMMENDATION: The Pueblo Historic Preservation Commission in November 2019 had recommended the Project. STAKEHOLDER PROCESS: The Brownfields Advisory Committee will be active in an advisory role to the City. ALTERNATIVES: Denial of this Resolution will result in the delay of the Project. RECOMMENDATIONS: Approve the Resolution. Attachments: Proposed Resolution Agreement AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 9th day of March 2021, by and between Pueblo,a Municipal Corporation(hereinafter referred to as"Client")and Partners Environmental Consulting,Inc.(hereinafter referred to as "Consultant") for Consultant to render professional environmental assessment and reporting services for Client with respect to Bid 21-004 RFP—Pueblo Brownfields Assessment Project(PL2006)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 environmental assessment and reporting 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 environmental assessment and reporting services including any required drafting or design services incident to its work on the Project.In the event this Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals or RFP, all of the requirements of that Request for Proposal or RFP are incorporated herein by reference, unless any requirement is expressly excluded in Schedule 1. (b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument,Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES. (a) Consultant shall be responsible for the professional quality,technical accuracy and timely completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including drawings,reports and other services,irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible,in accordance with applicable law,to Client for all loss or damage to Client caused by Consultant's negligent act or omission;except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13-20-602,C.R.S. or similar statute,whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its work,with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant,Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays,including those inherent in the availability of tools,supplies,labor and utilities required for the work,the availability of information which must be obtained from any third parties,and all conditions to access to public and private facilities. Agreement for Bid 21-004 Page 1 of 12 (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.$296,890.00,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). (1) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES. (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information,surveys,data and previous reports accessible to Client which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not,however,have authority to bind Client as to matters of governmental policy or fiscal policy,nor to contract for additions or obligations exceeding a value which is the lesser of$5000 or 5%of the maximum contract price. (c) Client shall examine all documents presented by Consultant,and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings,specifications,reports,documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements,a period of 14 days shall be presumed 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 Agreement for Bid 21-004 Page 2 of 12 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 September 30,2023, 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,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. (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 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). (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. (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created,whether by common law,statute or Agreement for Bid 21-004 Page 3 of 12 equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except(i)with advance written consent of Client,which consent may be granted or withheld in Client's sole and absolute discretion and (ii)in full compliance with the requirements of this Agreement and applicable federal regulations. 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. 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. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible of not more than$25,000.00. (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. (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. Agreement for Bid 21-004 Page 4 of 12 (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. (a) Consultant understands that Client may be funding the Project in whole or part with funds provided from the Application for Federal Assistance, United States Environmental Protection Agency (U.S. EPA) Strategic Plan,'per the CERCLA2 Section 104(k)Assessment Cooperative Agreement,and CFDA3:66.818 Assessment,Cleanup, and Revolving Loan Fund Grants.Consultant agrees it is subject to and shall comply with all applicable provisions of said requirements as stated in Appendix F of the RFP. (b) Consultant shall comply with all applicable Federal,State,and local laws applicable to its activities. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client,the U.S.EPA,State of Colorado,or any related Federal or State agencies involved with the project at any time during normal business hours and as often as Client, he U.S. EPA, State of Colorado,or any related Federal or State agencies involved with the project deems necessary, to audit, examine and make excerpts or transcripts of relevant information,and otherwise to perform its official functions or duties. 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,City of Pueblo Department of Planning, Attn: Department Director, 211 E. "D" Street, Pueblo, Colorado, 81003, or to Consultant at Partners Environmental Consulting, Inc.,0056 Edwards Village Blvd., Suite 124, PMB3000-242,Edwards,Colorado,81632. 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. 1 U.S.EPA.(2019.)FY 2018-2022 Strategic Plan. Retrieved June,2020: https://www.epa.gov/sites/production/files/2019-09/documents/fy-2018-2022-epa-strategic-plan.pdf 2 CERCLA:Comprehensive Environmental Response,Compensation,and Liability Act,known also as Superfund. 3 CDFA: Catalog of Federal Domestic Assistance Agreement for Bid 21-004 Page 5 of 12 (e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo,Colorado. (f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color,religion,sex,national origin,disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color,religion, sex, national origin, disability or age. (g) Severability. If any provision of this Agreement,except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source,then such provision shall be deemed void and the remainder of the Agreement enforced. However,it is the intent of the parties that Section 2 of this Agreement not be severable,and that if any provision of said section be determined to be contrary to law or the terms of any federal grant,then this entire Agreement shall be void. SECTION 12. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement(which may be referred to in this section as this"Contract"),Consultant(which may be referred to in this section as"Contractor")shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the"E-Verify Program"created in Public Law 208, 104`h Congress,as amended and expanded in Public Law 156, 108`h 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: (1) 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 Agreement for Bid 21-004 Page 6 of 12 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. PERA LIABILITY Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association("PERA")for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Consultant shall fill out the questionnaire attached as Exhibit A and submit the completed form to Client as part of the signed Agreement. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION PARTNERS ENVIRONMENTAL CONSULTING,INC. 12&Pk( Nai C. Hedden, Director of Purchasing Dan B. Brown, President fl 'T0517 ri `I, SE. E B ' ti ' ' TION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. Director of mance I APPROVED AS TO FORM: 'r' 4 4431 ity Attorney Agreement for Bid 21-004 Page 7 of 12 SCHEDULE I SCOPE OF SERVICE (Excerpt from Bid 21-004, Section 2.2 and Appendix F) The scope of services is detailed in the U.S. EPA and City of Pueblo Brownfields Assessment Program Work Plan (attached as Appendix F).The approved work plan lists tasks, including outputs and outcomes,to be performed by the City of Pueblo and the Qualified Environmental Professional (Consultant). The successful consultant is expected to perform certain tasks, including but not limited to the following: • Community Engagement o Identify key stakeholder groups and leaders o Establish and convene a motivated Brownfields Advisory Committee(BAC) o Develop and deploy a communications plan • Brownfields Inventory o Build a Brownfields inventory using the Kansas State University Brownfields Inventory Tool (BiT) o Prioritize fifteen (15)or more Brownfields sites o Re-evaluate priority list • Environmental Site Assessments(ESA) o Phase I ESAs planning meetings with fifteen(15)or more Phase 1 reports,using the ACRES database o One(1)generic Quality Assurance Project Plan(QAPP)reviewed and approved by U.S. EPA Region VIII o Phase II ESAs planning meetings with BAC with three(3)or more sites approved for Phase II investigation • Remedial Planning(Commitments) o Strategize with stakeholders to complete remediation and reuse plans and cost estimates o Draft a cleanup alternatives plan and draft a remedial action plan for three(3)or more properties and updating ACRES o One public meeting on project results Program Management and Reporting will be conducted by the City of Pueblo's project manager,with assistance from the Consultant. Agreement for Bid 21-004 Page 8 of 12 PUEBLO BROWNFIELDS ASSESSMENT WORK PLAN City of Pueblo,Colorado EPA Grant Period October 1,2020—September 30,2023 The Pueblo Brownfields Assessment Work Plan supports the United States Environmental Protection Agency (U.S. EPA) Strategic Plan,4 per the CERCLA5 Section 104(k) Assessment Cooperative Agreement, and CFDA6: 66.818 Assessment,Cleanup,and Revolving Loan Fund Grants. While sites may be considered anywhere within Pueblo County,determination of priority sites will gravitate to the target area.Pueblo's downtown and riverfront—the oldest area of the city—is the target area for this project.This target area has a long and diverse industrial past including power plants, rail industry, coal yards, filling stations, printing companies,and more.These historic uses indicate potential environmental contamination. Within downtown Pueblo lie three sub-areas of focus,as follows. The heart of downtown,rich with historic assets and prime opportunities for historic adaptive redevelopment and reuse. Home to beautiful historic buildings,recreational assets like the Riverwalk,a walkable retail and entertainment district, and a convention center.These features make redevelopment of properties in the target area—once environmental issues are addressed—both attractive and feasible. The western section of downtown, which has historically been home to industrial and rail sites and holds promise for mixed-use infill development,including much-needed new housing. The 400 blocks of West 2nd and 3rd Streets are situated along former rail lines. The 1905 Sanborn maps show uses including the Pueblo Lumber& Coal Yard,the Double Dick Mine Coal Yard,a filling station,and a motor freight station.Environmental concerns include the potential for both petroleum and hazardous substances contamination The decommissioned Pueblo Power Plant and surrounding sites, which are of interest to create an industrial heritage destination including a rail-themed hotel,expansion of Pueblo's Historic Arkansas Riverwalk,restaurants,shops,offices, and housing.The Pueblo Power Plant is situated on West D Street northwest of South Victoria Avenue.The 1883 and 1886 Sanborn Fire Maps show uses as Continental Oil&Transport and Sheldon Lumber Yard.The 1905 Sanborn Map shows Southern Colorado Power company on the property. Environmental concerns include the potential for both petroleum and hazardous substances contamination. 1. GOAL:A CLEANER,HEALTHIER ENVIRONMENT 2. OBJECTIVE: REVITALIZE LAND AND PREVENT CONTAMINATION The City of Pueblo will launch a comprehensive Brownfields program,evenly focused on hazardous substances and petroleum sites, for assessment within key areas of downtown. The areas have potential value to the economic development of the city.Western downtown,with its former industrial and rail sites,would be ideal for mixed-use redevelopment.The adjacent central business core,with its historic buildings,would be attractive and feasible for renovation and occupancy.Tasks will include community engagement,inventory,environmental site assessment, remedial planning,and program management. 3. FUNDING: Total funding of the program is $300,000. That includes $150,000 for Hazardous Substances and $150,000 for Petroleum. 4 U.S. EPA.(2019.)FY 2018-2022 Strategic Plan. Retrieved June,2020: https://www.epa.gov/sites/production/files/2019-09/documents/fy-2018-2022-epa-strategic-plan.pdf 5 CERCLA:Comprehensive Environmental Response,Compensation,and Liability Act,known also as Superfund. 6 CDFA: Catalog of Federal Domestic Assistance Agreement for Bid 21-004 Page 9 of 12 4. BUDGET: The total costs estimated for the project must agree with the amounts contained in the Application for Federal Assistance Budget Page(Form 424a). Table. Budget Hazardous Substances and Petroleum Project Tasks Budget Categories Community Brownfields Environmental Remedial Program Total Engagement Inventory Assessments Planning Mgmt/Reporting Budget Categories Project Tasks Task 1 Task 2 Task 3 Task 4 Task 5 Total Personnel Fringe Benefits Travel' $3,110 $3,110 o Equipment8 . Supplies Contractual $7,200 $9,600 $248,090 $32,000 $296,890 Other Total Direct Costs9 $7,200 $9,600 $248,090 $32,000 $3,110 $300,000 Indirect Costs Total Budget $7,200 $9,600 $248,090 $32,000 $3,110 $300,000 7 Travel to Brownfields-related training conferences is an acceptable use of these grant funds. 8 EPA defines equipment as items that cost$5,000 or more with a useful life of more than one year.Items costing less than$5,000 are considered supplies.Generally,equipment is not required for Brownfield Grants. 9 Administrative costs(direct and/or indirect)for the Assessment Grant applicant itself cannot exceed 5%of the total EPA- requested funds. Agreement for Bid 21-004 Page 10 of 12 SCHEDULE 2 FEE SCHEDULE (Excerpt from Partner's Proposal in Response to City of Pueblo's Request for Proposal, Pages 24, Section 1.8 and Page 29, Appendix B) In accordance with Section 2.2—Scope of Service of the City's RFP and with the understanding that the total funding of the program is$296,890 for Contractual Services,Partners is providing these Example Budgets. Each task will be determined with the City,but based on the presumptions provided in the City's Work Plan regarding how many of projects for each task are expected,Partners has estimated the following budgets for each task: 1)Community Engagement: $7,200 2)Brownfield Inventory:one(1)inventory at$9,600 3)Phase I ESAs: approximately 15 at$3,500/each 4)QAPP: Partners will not charge for preparation of the QAPP. 5)Phase II ESAs: approximately three(3)at$65,000/each 6)Remedial Planning:approximately three(3)at$10,650/each Costs associated with implementation of the program will be determined on a task-by-task basis and presented for the City's review and approval.All costs will be based upon the Fee Schedule provided below: Partners/RETTEW Rate Schedule City of Pueblo's Request for Proposal Bid:21.004 RFP-Pueblo Brownfields Assessment Project(PL2006) Title Hourly Rate Personnel Director I.11,III,IV $160-$250 Dan Brown,John Garvey Associate Director I,II,III,IV $140-$205 Senior Project Manager I,II,Ill.,IV $115-$185 Chris Butcher Project Manager I,II,111,IV $95-$160 Val Weir Senior Project Engineer I,II,Ill,IV $140-$195 Dustin Krajewski Project Engineer I,II,ill,IV 5105-$155 Senior Project Surveyor I,II,III,IV $140-$195 Project Surveyor I,II,Ill,IV 5105-$155 Senior Environmental Professional 1,11,III,IV $110-$165 Tom Weir,Devin Black Environmental Professional I,II,III.IV $70-$125 Brandon Cochran,Kiana Eldredge Environmental Technician I,II,I11,IV $60-$115 Survey Crew Chief I,II,III,IV $80-$125 Survey Crew Member I,II,III,IV $60-$95 Administrative Assistant 1,11,111,1V $60-$95 Litigation Support/Expert Testimony TBD' TBD-to be determined on a case-by-case basis. Subcontractor fees and materials beyond the proposed scope of work invoiced at cost plus 15%. Agreement for Bid 21-004 Page 11 of 12 Schedule 3 Work Schedule (Part 1: Excerpt from Bid 21-004, Section 2.3 and Part 2: Excerpt from Partner's Proposal in Response to City of Pueblo's Request for Proposal, Page 25, Section 1.9.2) Part 1: Project Timeline: • Quarterly convening of the Brownfields Advisory Committee,March 2021 -March 2023. • Develop and deploy communications plan,March 2021 -June 2023. • Build Brownfields inventory,March 2021 -June 2021. • Prioritize sites,June 2021. • Re-evaluate priority sites, January 2022 and October 2022. • Phase I ESAs,April 2021 -June 2023. • Phase II ESAs,September 2021 -June 2023. • Remedial planning and cost estimates,February 2022-June 2023. • ACRES entries,March 2021 -August 2023. • Quarterly reports,April 2021 -July 2023. • Financial reports,September 2021,September 2022,September 2023 • Final report,September 2023. Part 2: Schedule for Completion of Project Because the start and/or number of exact requests cannot be determined at this time, Partners is providing the following typical schedules for each task anticipated under the project. • Community Engagement:This task will be ongoing during the entire project. • Brownfields Inventory: This task will take about 45-60 days. • Environmental Site Assessments(ESAs):Typical Phase I ESAs will require 15-20 days to complete. • QAPP: The QAPP will require about 45-60 days to complete. • Phase II ESA:Typical Phase lls will require 45-60 days to complete. • Remedial Planning: A typical Remedial Planning process will take 60-90 days to complete. Agreement for Bid 21-004 Page 12 of 12