HomeMy WebLinkAbout10123
ORDINANCE NO. 10123
AN ORDINANCE AWARDING A CONTRACT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION , AND AECOM
TECHNICAL SERVICES, INC. TO PROVIDE ENGINEERING
SERVICES FOR FUTURE CITY OF PUEBLO STORMWATER
UTILITY PROJECTS
WHEREAS, Statements of Qualifications for Engineering services were requested and
received;
WHEREAS, a committee was formed to evaluate these qualifications; and
WHEREAS, the committee selected AECOM Technical Services, Inc., as the most
qualified to serve the Pueblo Stormwater Enterprise; NOW, THEREFORE,
BE IT ORDAINED 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 AECOM Technical Services, Inc., to provide
engineering services for public improvements to the Pueblo Stormwater Enterprise is
hereby approved, subject to the conditions as set forth in said agreement.
SECTION 2.
Funds for said Contract, Project No. 21-071, RFP Stormwater Department Engineer of
Record, shall be from future budgeted and appropriated project accounts as needed.
SECTION 3.
The Purchasing Agent 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 authorized to perform any and all acts consistent with
this Ordinance to implement the policies and procedures described herein.
SECTION 5.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 14, 2022 .
Final adoption of Ordinance by City Council on February 28, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on March 2, 2022 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk’s Office Item # R-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: February 14, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Jeff Hawkins, Director of Stormwater
SUBJECT: AN ORDINANCE AWARDING A CONTRACT BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND AECOM TECHNICAL SERVICES, INC. TO
PROVIDE ENGINEERING SERVICES FOR FUTURE CITY OF PUEBLO
STORMWATER UTLITY PROJECTS
SUMMARY:
This Ordinance awards a Contract for Engineering Services to AECOM Technical Services, Inc.
to provide hydrologic and hydraulic modeling analysis, long range project planning, engineering
design, construction project management assistance and related services as the Engineer of
Record for future City of Pueblo Stormwater Utility Projects.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The City of Pueblo Stormwater Utility recognizes the increasing need for innovative engineering
to help reduce flooding impacts for problematic drainage areas within the City and incorporate
sustainable water quality solutions. In October 2021, The City of Pueblo Stormwater Utility
Department solicited requests for proposals from qualified engineering firms to assist the City with
engineering services. Statement of Qualifications for engineering services were requested and
received with Bid 21-071 RFP Stormwater Department Engineer of Record. A committee was
formed to evaluate the qualifications of the engineering firms that submitted proposals. The firm
selected as the most qualified to perform the engineering services was AECOM Technical
Services, Inc.
FINANCIAL IMPLICATIONS:
This Contract describes the engineering services to be provided. As engineering services are
required, fees will be negotiated and amendments to the basic Contract will be brought forward
to City Council as part of the project costs. The cost for services will be paid from future City of
Pueblo projects that are budgeted and appropriated.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Alternatives No. 1 – No action
Under this alternative, projects could not be completed in a timely manner because the
Stormwater Utility Department is deficient of the staff required to design and manage these
projects while handling the workload of the day-to-day business operations. Flooding would
continue to happen and continue to pose possible safety hazards to the public.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
Contract for Engineering Services
DocuSign Envelope ID:C691 CC34-F8BF-4710-9127-99B7B02A8B5C
CONTRACT FOR ENGINEERING SERVICES
BY AND BETWEEN
CITY OF PUEBLO
AND
AECOM TECHNICAL SERVICES, INC.
THIS CONTRACT is made and entered this 1st day of March, 2022, by and between Pueblo, a Municipal
Corporation,PO Box 1427,Pueblo,CO 81001 (hereinafter referred to as the"City")and AECOM Technical Services,
Inc.,a registered California Corporation authorized to do business in the State of Colorado, located at 23 15 Briargate
Pkwy, Suite 150,Colorado Springs,CO 80920(hereinafter referred to as the"Engineer"), WITNESSETH:
RECITALS
A. The City solicited competitive proposals for Bid 21-071 Stormwater Department Engineer of
Record to provide engineering services to include modeling analysis,long range project planning,engineering design,
and construction project management assistance and related services for future City of Pueblo Stormwater Utility
projects(hereinafter referred to as"RFP").
B. In response to the RFP,Engineer submitted its statement of qualification and experience(hereinafter
referred to as"Response").
C. City has evaluated all Responses submitted and selected Engineer to perform engineering services
for various anticipated projects.
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 Agreement for Professional Engineering Services(hereinafter
referred to as"Agreement"),execution of which will be required for each project as may be directed by the
City. A copy of the Agreement is attached hereto. Anticipated projects (hereinafter referred to as the
"Projects") may include and the Scope of Services for each Agreement for any Project shall be consistent
with and meet following requirements:
• Perform design services for all types of stormwater infrastructure including stream
and habitat rehabilitation, open channels, storm sewers, detention basins, levees, energy
dissipation, erosion protection, existing or conflicting utility, and/or Right of Way
infrastructure modifications.
• Perform hydrologic/hydraulic modeling and master planning for stormwater
projects utilizing EPA SWMM and I D&2D modeling software such as MIKE+, FLO 2-
D,and HEC-RAS.
• Provide Civil and Structural Engineering required for the design of projects.
• Provide Environmental Engineering and Ecological Consulting as required to
complete tasks such as environmental studies, wetlands delineation, geotechnical
assessments, Threatened and Endangered species surveys, habitat and wildlife
assessments,etc.
• Provide Landscape Architecture and Urban Planning services including landscape
design, renderings,and drawings as required.
• Provide Geotechnical Engineering services required for the design process and
testing during construction projects.
AECOM Technical Services, Inc.-Contract Stormwater Engineer of Record Page 1 of 19
DocuSign Envelope ID: C691CC34-F8BF-4710-9127-99B7B02A8B5C
• Provide surveying required for the design of the projects and baseline control for
contractor use during construction. This service shall be performed by a Professional Land
Surveyor.
• Identify easements and properties required for any on/off-site construction,prepare
legal descriptions,and provide exhibits needed by City staff for acquiring easements and/or
properties.These services may include surveying by a Professional Land Surveyor.
• Prepare and integrate BMP water quality solutions (Low Impact
Development/Green Infrastructure, etc.) into stormwater design solutions and develop
guidelines for long-term maintenance of water quality facilities.
• Prepare or review floodplain permit applications (as required) including No-Rise
certifications and CLOMR/LOMR (as required) for both FEMA and City regulated
floodplains.
• Prepare permits and documentation necessary for certification of a levee with all
applicable regulatory agencies(as required).
• Prepare project reports,technical memorandums,and basis of design documents.
• Prepare construction contract documents (in conjunction with City) including
construction drawings (including Plan & Profile, Details, etc.) and Technical
Specifications for capital improvement projects.
o Drawings will be AutoCAD Civil 3D(Version 2018 or newer)generated.
o "As-Built or Record Drawings" will be provided to the City in electronic
format(PDF and AutoCAD files)on flash-drives/thumb-drives at the completion of
each project.
o Each"As-Built"drawing will be stamped original at the completion of each
project,which will become the property of the City of Pueblo.
• Prepare erosion control plans in accordance with all applicable regulatory agencies
(as required).
• Prepare Engineer's Opinion of Probable Construction Costs for project at 30-60-
90%design stages throughout project or as requested.
• Provide resident engineering, construction administration and oversight, submittal
review and field inspection services. Resident Engineering duties must be performed with
experienced and qualified personnel approved by City of Pueblo Stormwater Utility. .
• Provide detailed written monthly progress reports throughout the duration of the
design and construction of projects.
• Additional support services that may be needed:
o Provide support reviewing technical drainage reports and plans that address
storm water runoff quantity and quality including water quality structures and
floodplain issues.
o Provide trenchless design for the rehabilitation of underground utility
infrastructure.
o Coordinate, manage, and participate in Public Outreach efforts including
presentations, individual meetings,publications,graphics,etc.
o Other projects requiring support from Consultant/Engineer as need arises.
Consultant will be contacted to create/review Scope of Service prior to inclusion of
service in agreement or subsequent amendments.
AECOM Technical Services, Inc.-Contract Stormwater Engineer of Record Page 2 of 19
DocuSign Envelope ID:C691 CC34-F8BF-4710-9127-99B7B02A8B5C
(b) City may, or may not, in its sole discretion undertake any of the Projects. Upon written
direction from City,the Engineer shall execute with the City one of the Agreements for each of the Projects
as directed by City.
i. If City directs performance of Engineer for one of the Projects, , Engineer shall
prepare a specific Scope of Service, Fee Schedule, Timeline, and Identification of Personnel,
Subcontractors, and Task Responsibility to be attached to the Agreement as Schedules 1,2, 3, and
4.
(c) Within a reasonable time after receipt of the Agreement, Engineer shall review same and
advise City if the Agreement is acceptable to Engineer, or which modifications/changes Engineer requests
with respect thereto.
(d) After mutual approval of the terms and provisions of the 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 on the date shown above and
ending February 28, 2025. 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 existing Agreements 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 the services and work contemplated by this Contract
and the Agreement(s)in compliance with applicable Standards of Professional Care in a professional manner
and in accordance with the terms of this Contract.
(b) Familiar with the regulations and requirements of the Minimum Qualifications as stated in
the RFP,Section 2 with respect to the services and work contemplated by this Contract and the Agreement(s)
and will perform such services and work in compliance therewith.
4. RECORDS AND DATABASE. Engineer shall maintain a cost accounting system acceptable to
City. The City shall have access to any books, documents, papers, and records of the Engineer that are directly
pertinent or relate to this Contract or any Agreements for a specified Project, for the audit purposes, examination,
inspection,excerpts,and transcription. The Engineer shall maintain such records for three(3) years after City makes
final payments to Engineer and all pending matters are closed. Engineer shall prepare and maintain an electronic
database (compatible with AutoCAD) that accurately represents all existing and future civil infrastructure for all
Projects completed under this Contract and any Agreements for a specified Project.
5. SPECIFIC COVENANTS. Engineer covenants that, during the performance of this Contract and
any Agreement for a specified Project,Engineer will:
(a) comply with all federal statutes and regulations relating to nondiscrimination in federally
assisted programs.
(b) comply with the State of Colorado's requirements for State Revolving Fund Loan Projects.
(c) comply with all other laws, regulations, and requirements for applicable Federal, State,
local,and grant funded Projects.
6. RIGHTS TO INVENTIONS. Plans, drawings, designs, specifications, inventions, reports and all
other documents and materials generated under this Contract or any Agreement for a specified Project shall become
the sole property of City, subject to applicable federal grant requirements, and City shall be vested with all rights
AECOM Technical Services, Inc.-Contract Stormwater Engineer of Record Page 3 of 19
DocuSign Envelope ID:C691CC34-F8BF-4710-9127-99B7B02A8B5C
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,diagrams,
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 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 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. The Engineer 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
Engineer 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 Engineer under the provisions
of the Agreement/Contract,and"Completed Operations and Projects Liability"coverage.
(3) Professional Liability Insurance with coverage of not less than$1,000,000 and in
a form and with a deductible acceptable to City.
(4) Comprehensive Automobile Liability Insurance. The Engineer 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 Engineer 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 Engineer.
(c) Engineer shall furnish to City a certificate or certificates of insurance showing compliance
with this section 7. Engineer shall obtain a special endorsement from its insurance carrier that provides that
the insurance shall not be changed or cancelled until ten(10)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 liability to
third parties, to the proportionate extent caused by or arising out of negligent acts, errors or omissions of
Engineer,its employees,subcontractors,and consultants.
AECOM Technical Services, Inc.-Contract Stormwater Engineer of Record Page 4 of 19
DocuSign Envelope ID:C691 CC34-F8BF-4710-9127-99B7B02A8B5C
9. STATE-IMPOSED MANDATES PROHIBITING WORKERS WITHOUT AUTHORIZATION
FROM PERFORMING WORK
(a) At or prior to the time for execution of this Contract, Engineer shall submit to the
Purchasing Agent of the City its certification that it does not knowingly employ or contract with a"Worker
Without Authorization", as that term is defined within §8-17.5-101 (9), C.R.S. (herein "Worker Without
Authorization"), who will perform work under this Contract and that the Engineer 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 section 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) Engineer shall not:
(i) Knowingly employ or contract with a Worker without Authorization to perform
work under this Contract;
(ii) Enter into a contract with a subcontractor that fails to certify to Engineer that the
subcontractor shall not knowingly employ or contract with a Worker without Authorization to
perform work under this Contract.
(c) The following state-imposed requirements apply to this Contract:
(i) The Engineer 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 Engineer 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 Engineer obtains actual knowledge that a subcontractor performing work
under this contract knowingly employs or contracts with a Worker without Authorization to perform
work under this Contract,the Engineer shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City within
three(3)days that the Engineer has actual knowledge that the subcontractor is employing
or contracting with a Worker without Authorization; and
B. Terminate the subcontract with the subcontractor if within three(3)days
of receiving the notice required pursuant to subparagraph (c)(iii)A. above, the
subcontractor does not stop employing or contracting with the Worker without
Authorization; except that the Engineer shall not terminate the contract with the
subcontractor if, during such three (3) days, the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with a Worker
without Authorization.
(iv) The Engineer 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-l7.5-102(5),C.R.S.
(d) Violation of this Section by the Engineer shall constitute a breach of contract and grounds
for termination. In the event of such termination, the Engineer shall be liable for City's actual and
consequential damages.
AECOM Technical Services, Inc.-Contract Stormwater Engineer of Record Page 5 of 19
DocuSign Envelope ID:C691CC34-F8BF-4710-9127-99B7B02A8B5C
(e) Nothing in this Section shall be construed as requiring the Engineer to violate any terms of
participation in the E-Verify Program.
10. CERTIFICATIONS. Engineer certifies that:
(a) Neither Engineer nor any of its principals are presently,or at the time of execution of any
Agreement for a specified Project, debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this Contract or in any such subsequent Agreement for a specified
Project by any entity or agency. Engineer will include this clause in all lower tier transactions,solicitations,
proposals,contracts,subcontracts,and agreements.
(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. subcontracts,and agreements.
1 I. NOTICES. Any notice required or permitted by this Contract shall be in writing and may be served
personally or mailed by first-class mail, postage prepaid,addressed to the party at its address shown on the first page
hereof, and if to the City,a copy of thereof shall be given to City of Pueblo, Department of Stormwater Utility,Attn:
Jeff Hawkins, Director,211 E. D Street, Pueblo,CO 81003. Either party may change addresses upon written notice
given to the other party specifying the changed address.
12. FINANCIAL OBLIGATIONS OF CITY. All financial obligations of the City under this Contract
and any Agreement for a specified Project in any subsequent fiscal year of the City are subject to, and contingent
upon, funds being specifically budgeted and appropriated for such purposes (Projects). This Contract 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 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 and any Agreement for a specified Project, with
respect to any financial obligation of the City which may arise under this Contract in any fiscal year after 2021,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 or any Agreement for a
specified Project by the City, and the City may terminate this Contract or any Agreement for a specified Project
without liability.
13. 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,Agreement for
a specific Project,or any interest herein without the prior written consent of City.
AECOM Technical Services, Inc.-Contract Stormwater Engineer of Record Page 6 of 19
DocuSign Envelope ID:C691 CC34-F8BF-4710-9127-99B7B02A8B5C
14. PERA LIABILITY
The Engineer 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 Contract. The Engineer shall fill out the
Colorado PERA Questionnaire attached hereto and submit the completed form to City as part of the signed Contract.
IN WITNESS WHEREOF the parties hereto have made and executed this Contract as of the day and year
first above written.
CITY OF PUEBLO,A MUNICIPAL CORPORATION AECOM TECHNICAL SERVICES,INC.
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AECOM Technical Services, Inc. -Contract Stormwater Engineer of Record Page 7 of 19