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HomeMy WebLinkAbout10146ORDINANCE NO. 10146 AN ORDINANCE APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT OF $111,949 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN AND CALDWELL, INC., FOR CONSULTING ENGINEERING SERVICES WITH RESPECT TO THE GROUNDWATER DEWATERING WELL PERMIT COMPLIANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the Pueblo Wastewater Department operates a Water Reclamation Facility and collection system providing municipal wastewater treatment; and WHEREAS, consulting engineering services are required with respect to the relating to identify a feasible and compliant discharge that can be implemented to meet Pueblo’s schedule for clarifier maintenance, and WHEREAS, Brown and Caldwell is the consulting Engineer of Record and is the most qualified to serve the Pueblo Wastewater Department for such project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An agreement by and between the City of Pueblo, a Municipal Corporation, and Brown and Caldwell, Inc., a copy of which is attached hereto and made part hereof by reference (“Agreement”), after having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Work Performed under the Agreement may include, but not limited to, the following items: 1. Compliance Approaches 2. Water Management and Treatment Approach 3. Technical Memorandum 4. Project Management and Administration SECTION 3. The Mayor 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 Professional Services Budget SECTION 5. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the Agreement approved to implement the transactions described therein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW SECTION 6. 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 March 28, 2022 . Final adoption of Ordinance by City Council on April 11, 2022 . President of City Council Action by the Mayor: ☒ Approved on April 12, 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-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 28, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marissa Stoller, City Clerk FROM: Andra Ahrens, Interim Wastewater Director SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT OF $111,949 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN AND CALDWELL, INC., FOR CONSULTING ENGINEERING SERVICES RESPECT TO THE GROUNDWATER DEWATERING WELL PERMIT COMPLIANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance accepts an agreement between the City of Pueblo and Brown and Caldwell, Inc. for consulting engineering services relating to identify a feasible and compliant discharge that can be implemented to meet Pueblo’s schedule for clarifier maintenance. PREVIOUS COUNCIL ACTION: On November 12, 2018, the City Council Approved Resolution No. 14081, selecting Brown and Caldwell, Inc as the Engineer of Record for the Wastewater Treatment Department. BACKGROUND: The Wastewater Department is requesting Brown & Caldwell, Inc. to evaluate different methods for the Wastewater Department to comply with the compliance schedule in General Permit Certification to Discharge. This certification requires the James R DiIorio Water Reclamation Facility to submit a plan or report by June 1, 2022, that identifies treatment system upgrades or other measures to meet the final limits for manganese and selenium. FINANCIAL IMPLICATIONS: The cost of the agreement with Brown and Caldwell to provide design services for the evaluation will not exceed $111,949. Funds are available from the Professional Services Budget. BOARD/COMMISSION RECOMMENDATION: Not applicable STAKEHOLDER PROCESS: None ALTERNATIVES: The no-action alternative will cause the James R. DiIorio plant to be in non-compliance with the permit certification #CO318070. RECOMMENDATION: Approval of the Ordinance. Attachments: Professional Engineering Services Agreement between the City of Pueblo and Brown and Caldwell, Inc. STANDARD FORM OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT made and entered this 12th day of January, 2022 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner") and Brown and Caldwell, Inc., a California corporation, 1697 Cole Boulevard, Golden, Colorado 80401, a professional engineering firm (hereinafter "Engineer") for Engineer to render certain professional engineering and related services for Owner in connection with the Pueblo Dewatering Permit Compliance, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth,the parties agree as follows: SECTION 1. GENERAL. 1.1 Engineer shall satisfactorily perform professional engineering and/or construction management] services for all phases of Project indicated below by mark placed in the appropriate box or boxes: [ x ] - Study and Report Phase [ x ] -Preliminary Design(Schematic)Phase [ ] -Final Design Phase [ ] - Construction Documents& Bidding Phase [ ] - Construction Phase Upon completion of any phase, Engineer shall not proceed with work on the next phase,if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional engineering services and the furnishing (directly or through its professional consultants) of customary and usual civil, structural, mechanical, electrical engineering, environmental, architectural, construction management and planning services as generally stated herein and as more specifically set forth in Appendix A. Engineer shall also provide any landscape engineering,architectural,surveying and geotechnical services incident to its work on the Project. 1.2 In performing the professional services, Engineer shall complete the work items described in Appendix A — Scope of Services and as generally identified in Section 2 of this Agreement which are applicable to each phase for which Engineer is to render professional services. In the event of a conflict, the Scope of Services set forth in Appendix A shall prevail. 1.3 Professional engineering services (whether furnished directly or through a professional consultant subcontract) shall be performed under the direction and supervision of a registered engineer in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of such registered engineer. 1.4 Surveying work included within this Agreement shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear the seal of said Professional Land Surveyor. (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 1 - 1.5 Any architect services provided under this Agreement shall be performed under the direction and supervision of an architect licensed to practice architecture in the state of Colorado. SECTION 2. ENGINEERING SERVICES. 2.1 Study and Report Phase. If Engineer is to provide professional services with respect to the Project during the Study and Report Phase, Engineer shall: (a) Consult with Owner to determine his requirements for the Project and review available data. (b) Advise Owner as to the necessity of his providing or obtaining from others data or services of the types described in paragraph 2.2(c),and assist Owner in obtaining any such services. (c) Provide special analyses of Owner's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. (d) Identify and analyze requirements of governmental authorities and regulatory agencies involved in approval or permitting any aspect of Project. (e) Provide general economic analysis of Owner's requirements applicable to various alternatives. (f) Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the alternative solutions available to Owner, and setting forth Engineer's findings and recommendations with opinions of probable costs. (g) Furnish 3 (three) copies of the Report and present and review it in person with Owner. 2.2 Preliminary Design(Schematic)Phase. If Engineer is to provide professional services with respect to the Project during the Preliminary Design Phase, Engineer shall: (a) Consult with Owner and determine the general design concept and Project requirements based upon information furnished by Owner as well as any study Report on the Project. (b) Prepare and submit to Owner preliminary design documents consisting of final design criteria,preliminary drawings,an outline of specifications,and written descriptions of all significant features of Project. (c) Prepare and submit to Owner a requirements checklist of any subsurface investigation, additional data, permits, or other information and requirements which is anticipated will be necessary for the design or construction of Project. (d) Provide written disclosure to Owner of significant design assumptions and design risks and advantages/disadvantages inherent in or presented by design alternatives, and make recommendations to Owner based thereon. (e) Prepare and submit to Owner a preliminary cost estimate for the Project including construction cost,contingencies,professional compensation,consultant fees,costs of land and rights of way, compensation for damages and finance costs, if any. (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 2 - (f) Engineer shall furnish 3(three)copies of each above referenced submittal document to Owner for Owner's use,and shall review same in person with Owner. 2.3 Final Design Phase. If Engineer is to provide professional services with respect to the Project during the Final Design Phase, Engineer shall: (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirement therefor. Such plans and Specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. Final design, including Drawings and Specifications, shall also comply with ADA Accessibility Guidelines (ADAAG) Manual developed by the U. S. Architectural and Transportation Barriers Board (1998)or ADA Standards for Accessible Design published at 28 C.F.R. Part 36,Appendix A,whichever is applicable. Engineer shall include an attest statement on each record drawing sheet of final plan drawings that certifies compliance with either the ADAAG Manual or 28 CFR Part 36 Standards. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. (c) Provide technical criteria,written descriptions and design data for Owner's use,and disclose any significant risks and advantages/disadvantages inherent in or presented by design choices. (d) Based upon Engineer's professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and right of way costs,damages and finance costs, if any. (e) Engineer shall furnish 3(three)copies of each above referenced submittal document to Owner for Owner's use,and shall review same in person with Owner. 2.4 Construction Documents&Bidding Phase. If Engineer is to provide professional services with respect to the Project during the Construction Documents& Bidding Phase, Engineer shall: (a) Prepare and submit to Owner draft forms of contract agreement,general and special conditions,bid forms invitations to bid,information for bidders,forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms,Engineer shall consider and incorporate,to the extent both advisable and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specifications. (b) After review and comment by Owner,prepare and submit all deliverables identified in Appendix A to this Agreement, final forms of contract agreement, general and special conditions, Drawings, specifications, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. 3 (three) copies of these final bid documents shall be furnished to Owner. Unless otherwise specified in Appendix A,a copy of all contract documents and drawings shall also be submitted to Owner in Microsoft Word and AutoCAD(2013 or later version)format on electronic media. (c) Make recommendations to Owner concerning the need for prequalification of equipment, vendors or bidders, and, if requested by Owner, incorporate prequalification requirements in final bid and construction contract documents. (d) Attend a pre-bid conference with bidders to discuss Project requirements and (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 3 - receive requests for clarification, if any,to be answered by Engineer in writing to all plan holders. (e) Consult with and make recommendations to Owner concerning: acceptability of bidders,subcontractors,suppliers,materials,equipment,suitability of proposed"or equals",amount of bids and any other matter involved in consideration and review of bids and bidders upon which Owner may reasonably request Engineer's advice. (f) Prepare and periodically update a Project Schedule for Owner's review and acceptance, which shall include the schedule for the performance of the Engineer's services and a construction schedule for the components of the work, including phasing of construction, and times for commencement and completion of the several construction contracts. In the Project Schedule,the Engineer shall coordinate and integrate the Engineer's services and the Owner's responsibilities with anticipated construction schedules, highlighting critical and long lead times. (g) Provide recommendations and information to Owner regarding the allocation of responsibilities for safety programs among contractors. (h) Advise the Owner on Engineer's recommended division of the Project construction work into individual categories or work and separate contracts, and make recommendations as required so that the work of the several contractors is coordinated, all responsibilities have been assigned to the appropriate contract, the likelihood of jurisdictional disputes has been minimized and proper coordination has been provided for phased construction. 2.5 Construction Phase. If Engineer is to provide professional services with respect to the Project during the Construction Phase, after award by the Owner of a general contract or contracts for construction of the Project, Engineer shall: I. Engineering Functions. (a) Perform all duties and functions to be performed by Engineer under the terms of the construction contract. (b) Visit the Project site, perform observations as to the progress and quality of the work and advise the Owner as to same. The frequency and level of observation shall be commensurate with the nature of the work and size of the Project,except that any specific provisions set forth in Appendix A- Scope of Services concerning the level of observation shall determine Engineer's obligation concerning level of observation. (c) Make determinations as to whether the work is proceeding in general accordance and compliance with the construction contract documents. (d) Promptly advise the Owner in writing of any observed omissions, substitutions, defects or deficiencies noted in the work of any contractor,subcontractor,supplier or vendor on the Project. (e) Reject any work on the Project that does not conform to the contract documents. (0 On request of the Owner, the construction contractor or any subcontractor on the Project, issue written interpretations as to the Drawings and Specifications and requirements of the construction work. (g) Review shop drawings,samples,product data and other submittals of the contractor for general conformance with the design concept of Project and compliance with the Drawings, Specifications and all other contract documents, and indicate to Contractor and Owner with respect thereto, (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 -4 - any exceptions noted,or modification or resubmittals required. (h) Review all applications of Contractor for payment and in connection with same, issue certificates for payment to the Owner for such amounts as are properly payable under the terms of the construction contract. Each such certificate shall constitute Engineer's representation to Owner that he has made periodic observations of the Project during construction and that to the best of his knowledge,the work for which payment has been sought has been completed by Contractor in general accordance with the Drawings, Specifications and other contract documents. (i) Subject to written concurrence by Owner, promptly render a written recommendation to Owner concerning all proposed substitutions of material and equipment. (j) Draft, for Owner's consideration, and offer recommendations upon, all proposed change orders and contract modifications. (k) On application for final payment by the Contractor,make a final inspection of the Project, assembling and delivering to the Owner any written guaranties, instructions manuals, as-built drawings, diagrams and charts required by the contract documents, and issuing a certificate of final completion of the Project. (1) The Engineer shall, if so provided in the construction contract, be the interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written request of the Owner or Contractor, the Engineer shall promptly make written interpretations of the contract documents and render written decisions on all claims, disputes and other matters relating to the execution or progress of the work on the Project. The interpretations and decisions of the Engineer shall be final and binding on the Contractor and Owner, unless the Director of the Wastewater Department of the Owner shall, within seven calendar days after receipt of the Engineer's interpretation or decision, file his written objections thereto with the Engineer and Contractor. II. Construction Management Functions by Engineer. (a) Perform all duties and functions specifically identified to be performed by the Construction Manager under the terms of the construction contracts, if any. (b) Provide administrative, management and related services to coordinate scheduled activities and responsibilities of the construction contractors with each other and with the Owner and the Engineer, including monitoring agreed-upon budgets and the Project Schedule based upon the executed Contract Documents. (c) Schedule and conduct meetings to discuss such matters as procedures,progress and scheduling. Engineer shall prepare and promptly distribute minutes of the meetings to the Owner and Contractors. (d) Update the Project construction schedule incorporating the activities of the Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of shop drawings, product data and samples, and delivery of items requiring long lead time and procurement.The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. Engineer shall update the Project construction schedule as needed to show current conditions. If any update indicates that the previously approved Project construction schedule may not be met, Engineer shall recommend corrective action to Owner. (e) Consistent with the various bidding and contract documents, coordinate the sequence of construction and assignment of space in areas where contractors are or will be performing (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 5 - work. (f) Observe performance of the contractors and recommend courses of action to the Owner when requirements of any contract are not being fulfilled. (g) Monitor the approved estimate of construction cost for the Project,and show actual costs for activities in progress and estimates for uncompleted tasks by way of comparison with approved estimates.Advise the Owner of any variances between actual and estimated costs. (h) Review the safety programs developed by each of the contractors solely for purpose of coordinating the safety programs with those of the other contractors. Engineer's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the contractors, subcontractors or others not directly employed by Engineer, including any health or safety programs and precautions required by such construction work. Engineer has no duty to inspect, observe, correct or report on health or safety deficiencies of the contractors. (i) Schedule and coordinate the sequence of construction by and among the contractors in accordance with the contract documents and the latest approved Project construction schedule.Engineer's responsibility under this subsection shall not extend to direct control over or charge of the means,methods, techniques, sequences and procedures of any contractor necessary for completing all portions of the construction work in accordance with the contract documents and any compliance with applicable laws and regulations. (j) Maintain at the Project site for Owner one record copy of all contracts, plans, specifications, addenda, change orders, approved shop drawings, approved product data and approved submittals, and other documents in good order prepared in part on the basis of information compiled and furnished by others, and record drawings may not always represent the exact location, type of various components or exact manner in which Project was finally constructed, all of which shall be delivered to Owner upon completion of the Project or upon Owner's request. Engineer is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. 2.6 Additional Responsibilities. This paragraph applies to all phases of Engineer's work. (a) Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Engineer's work, including that performed by Engineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work in breach of applicable standards of care. (b) Engineer shall be responsible, in accordance with applicable law,to Owner for all loss or damage to Owner to the extent caused by Engineer's negligent act or omission. (c) Engineer's professional responsibility shall comply with the generally-accepted standard of care applicable to the type of engineering and architectural and construction management services provided in effect at the time services are rendered and commensurate with the size, scope and nature of the Project. (d) Engineer shall be completely responsible for the safety of Engineer's employees in the execution of work under this Agreement and shall provide all necessary safety equipment for said employees. Notwithstanding the foregoing, Engineer is not responsible for the health and safety duties of others, including compliance with health or safety programs and precautions. (e) Engineer acknowledges that, due to the nature of engineering and related (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 6 - professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Engineer represents that Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person,consultant or assignment of principal responsibility, in which case Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter,Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Engineer shall designate in writing a Project representative who shall have complete authority to bind Engineer, and to whom Owner should address communications. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Engineer shall submit to Owner for approval a schedule showing the order in which Engineer proposes to accomplish his work,with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work,provided however, the Engineer will not be responsible for delays beyond his control. (g) Before undertaking any work which Engineer considers beyond or in addition to the scope of work and services which Engineer has contractually agreed to perform under the terms of this Agreement, Engineer shall advise Owner in writing(i)that Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Engineer believes the out of scope or additional work should be performed,and(iii)a reasonable estimate of the cost of such work.Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. 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 Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B- "Fee Schedule". 2.7 Reserved. SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: (a) Designate a representative to whom all communications from Engineer shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Engineer of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Engineer with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. Engineer shall rely on information provided without verification unless otherwise agreed to in Appendix A. Owner shall notify of any known or potential health or safety hazards existing at or near the project site. (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 7 - (d) Arrange for Engineer to have access to enter private and public property as required for Engineer to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Engineer,and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Engineer of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Engineer,obtain required approvals and permits for the Project. The Engineer shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Engineer whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Engineer's services. (h) If Engineer's scope of work includes services during construction, Owner will approve acceptable draft language prepared by Engineer for inclusion in Owner's contract with the construction contractor which require the construction contractor to indemnify and hold harmless Engineer, its officers, employees,agents,and consultants against claims, suits,demands, liabilities, losses, damages, and costs, including reasonable attorneys' fees and all other costs of defense, arising out of the performance of the work of the contractor, breach of contract, or willful misconduct of the contractor or its subcontractors, employees, and agents. Owner will approve acceptable draft language prepared by Engineer for inclusion in Owner's contract with the construction contractor which require (a) the contractor to name Engineer, its directors, officers and employees as additional insureds on the contractor's general liability insurance and/or Owner's and Contractor's Protective policy(OCP), and any builder's risk, or other property insurance purchased by Client or the contractor to protect work in progress or any materials, supplies,or equipment purchased for installation therein;and(b)the contractor to furnish contractor's certificates of insurance evidencing that Engineer, its officers, employees, agents, and consultants are named as additional insureds on contractor's general liability and property insurance applicable to the Project. Contractor's policies shall be primary and any such insurance carried by the Engineer shall be excess and noncontributory. The certificates shall provide that Engineer be given 30 days' written notice prior to any cancellation thereof. (i) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. SECTION 4. TIME FOR PERFORMANCE. Engineer's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 8 - Agreement. SECTION 5. PAYMENT. 5.1 Owner will pay to Engineer as full compensation for all services required to be performed by Engineer under this Agreement,except for services for additional work or work beyond the scope of this Agreement, an amount not to exceed $55,212.80 in the aggregate, and not to exceed those maximum amounts set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. In the event compensation for services is set forth in Appendix B as to each phase of work indicated in Section 1.1 of this Agreement, the maximum amount of compensation for any phase shall not exceed the amount specified in Appendix B for such phase. 5.2 Engineer shall submit periodic, but not more frequently than monthly, applications for payment,aggregating to not more than the maximum amount, for actual professional services rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Engineer for the amount of the application within 30 days of the date of billing, provided that sufficient documentation has been furnished., With respect to construction phase services, Owner will not be required to pay more than 90% of the maximum amount unless the Engineer's services have been completed to Owner's reasonable satisfaction and all required Engineer submittals have been provided. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Appendix B- "Fee Schedule." 5.4 No separate or additional payment shall be made for profit, overhead, local telephone expenses,lodging,routine photocopying,computer time,or similar expenses unless otherwise provided and listed in Appendix B- "Fee Schedule." 5.5 No compensation shall be paid to Engineer for services required and expenditures incurred in correcting Engineer's negligent errors or omissions. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph 2.6(g). SECTION 6. TERMINATION. 6.1 The Owner reserves the right to terminate this Agreement and Engineer's performance hereunder, at any time upon 10 days written notice, either for cause or for convenience. Upon such termination, Engineer shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other information,and materials as Engineer may have accumulated in performing this Agreement,together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Engineer, Engineer shall be paid at the rates specified in Appendix B - "Fee Schedule" 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 Owner or Engineer. In no event shall payment to Engineer upon termination exceed the maximum compensation provided for complete performance in paragraph 5.1 and Appendix B. (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 9 - 6.3 In the event termination of this Agreement or Engineer's services is for breach of this Agreement by Engineer, or for other fault of Engineer including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform services with that level of care and skill ordinarily exercised by professional Engineers specializing in the design of Sanitary Sewer Outfalls and Sewer Crossing Design or to perform work in a manner deemed satisfactory by Owner's Director of Public Works,then in that event, Engineer's entire right to compensation shall be limited to payment at the rates specified in Appendix B for services satisfactorily performed and reimbursable expenses reasonably incurred,prior to date of termination. 6.4 Engineer's professional responsibility for his completed work and services shall survive any termination. SECTION 7. GENERAL PROVISIONS. 7.1 (a) Ownership of Documents. All designs, Drawings, Specifications, technical data, and other documents or instruments procured or produced by the Engineer in the performance of this Agreement("Work Product") shall be the sole property of the Owner upon payment to Engineer therefore and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Engineer agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project, without adaptation by Engineer, Owner shall hold harmless and indemnify Engineer from all loss, claims, injury and judgments arising from the use of such designs,Drawings or Specifications for such other project. In no event shall Engineer publish its Work Product developed pursuant to this Agreement except (i) with advance,written consent of Owner,which consent may be granted or withheld in Owner's sole and absolute discretion and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. 7.2 Insurance and Indemnity. (a) Engineer agrees that he has procured and will maintain during the term of this Agreement, such insurance as will protect him from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his 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: (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 Owner. (ii) Commercial General and Automobile Liability Insurance with limits not less than One Million and No/100 Dollars ($1,000,000.00)per occurrence for personal injury, including but not limited to death and bodily injury, and One Million Five Hundred Thousand and No/100 Dollars($1,500,000.00)for excess umbrella liability. (iii) Professional Liability Insurance with coverage of not less than (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 10- $1,000,000.00 covering claims arising from the negligent acts, errors or omissions in the services performed by Engineer for Owner under this Agreement. This policy shall provide coverage for all professionals providing services under this Agreement by or through the Engineer, including coverage for Engineer's activities performed in both its engineering and construction manager capacities. (c) Engineer agrees to hold harmless, defend and indemnify Owner from and against any liability to third parties,to the extent caused by the negligent acts, errors or omissions of Engineer, his employees, subcontractors and consultants. 7.3 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 the Owner or the Engineer 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 Owner, Attention: Nancy Keller, Wastewater Director, 1300 S. Queens Avenue, Pueblo, Colorado 81007, or to the Engineer at 1300 S. Queens Avenue, Pueblo, Colorado 81007. 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. 7.4 Entire Agreement. This instrument contains the entire agreement between the Owner and the Engineer respecting the Project,and any other written or oral agreement or representation respecting the Project or the duties of either the Owner or the Engineer in relation thereto not expressly set forth in this instrument is null and void. In the event of any conflict between any provision of this Agreement and a provision of any Appendix or attachment to this Agreement, the provision in the Appendix or attachment shall control and supersede the conflicting provision in this Agreement. 7.5 Successors and Assigns. This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Engineer may be assigned by him without the written consent of the Owner. Notwithstanding the foregoing,if the authorized scope of work includes construction activities or the oversight of construction,Engineer may,at its discretion and upon notice to Owner, assign all of its contractual rights and obligations with respect to such activities or services to Brown and Caldwell Constructors, its wholly owned affiliate. 7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written Amendment signed by an authorized representative of Engineer and by Owner's Director of Public Works. 7.7 Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any matter relating to this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. 7.8 Equal Employment Opportunity. In connection with the performance of this Agreement, Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Engineer 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. 7.9 Severability. If any provision of this Agreement, except for Section 2.6, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant,then as of the time of any (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 11 - such determination this entire Agreement shall be void and terminated pursuant to the provisions of Section 6, without waiving any claims or defenses 7.10 Appropriations. Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available,the amount of money appropriated for this Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Engineer shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. 7.11 Additional Requirements on Federally Funded Contracts. If any of the work to be performed by Engineer under this Agreement is funded in whole or in part with federal funds, then this Agreement shall be construed to include all applicable terms required by the federal assistance agreement and integrated federal regulations. By executing this Agreement, Engineer agrees to be bound by all such mandatory federal requirements. Such requirements shall be provided by Owner and incorporated into individual Agreements as applicable. 7.12 Force Majeure. Neither party shall be responsible for delays caused by circumstances beyond its reasonable control including but not limited to governmental action, statute, ordinance, rule or regulation,strike or other labor troubles,fire,acts of God,or other incidents outside of either party's control that makes performance or acceptance impossible or impractical. The Consultant shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control created from any force majeure event. SECTION 8. DISPUTES. 8.1 Any unresolved dispute or disagreement between Engineer and Owner arising from or relating to this Agreement or Engineer's services or right to payment hereunder shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. SECTION 9. APPENDICES. 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A- "Scope of Services" consisting of 8(eight)pages. Including 1 Attachments: Attachment 1 —Project Schedule Appendix B - "Fee Schedule" consisting of 1 (one)page. Including Schedule of Personnel and Duties Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility" consisting of 0 (zero)pages. Refer to Appendix B "Fee Schedule"for this information. Appendix D- "PERA Questionnaire" consisting of 2 pages. SECTION 10. ACCESSIBILITY. The Americans with Disabilities Act(ADA)provides that it is a violation of the ADA to design and (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 12 - construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Engineer therefore, will use his or her best reasonable professional efforts in accordance with applicable standards of care to implement applicable ADA requirements and other federal, state and local laws, rules codes, ordinances and regulations as they apply to the Project. Notwithstanding, unless otherwise specified in the Scope of Services, Owner shall have sole responsibility as between Client and Consultant for compliance with the Americans With Disabilities Act ("ADA") 42 U.S.C. 12101 et. Seq.and the related regulations. SECTION 11. 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- IO2(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 Agreement. (b) Engineer shall not: (i) Knowingly employ or contract with a Worker without Authorization to perform work under this Agreement; (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 Agreement. (c) The following state-imposed requirements apply to this Agreement: (i) The Engineer shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement 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 Agreement 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 Agreement,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 (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 13 - investigation that CDLE is undertaking pursuant to its authority under§8-17.5-102(5),C.R.S. (d) Violation of this Section by the Engineer shall constitute a breach of the agreement and grounds for termination. In the event of such termination,the Engineer shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Engineer to violate any terms of participation in the E-Verify Program. SECTION 12. PERA LIABILITY The Engineer shall reimburse the Owner for the full amount of any employer contribution required to be paid by the Owner to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree performing contracted services for the Owner under this Agreement. The Engineer shall fill out the questionnaire attached as Appendix D and submit the completed form to Owner as part of the signed Agreement. SECTION 13. Reserved (Signature page follows) (Agreement for Professional Engineering Services—Revised and Approved 10/22/18 - 14 - DocuSign Envelope ID:8B4E891 E-D27A-4C73-A3F6-84AC6B966CFD investigation that CDLE is undertaking pursuant to its authority under§8-17.5-102(5),C.R.S. (d) Violation of this Section by the Engineer shall constitute a breach of the agreement and grounds for termination. In the event of such termination,the Engineer shall be liable for City's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Engineer to violate any terms of participation in the E-Verify Program. SECTION 12. PERA LIABILITY The Engineer shall reimburse the Owner for the full amount of any employer contribution required to be paid by the Owner to the Public Employees' Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree performing contracted services for the Owner under this Agreement. The Engineer shall fill out the questionnaire attached as Appendix D and submit the completed form to Owner 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 BROWN AND CALDWELL, INC. CORPORATION ENGINEER --DocuSigned by: Preva pu — t v'ewtA, a.1n d, Ca1,4witt —DoauBignedby: Name: L 44ccr D04aB,.. ByefLtbLaS GVAdtSott' — Autry Ohl 0r Pie By Mary Kay Provaznik onC5e0rFuEd2a 12... cuSigned by: Attest: ,t,AM-,s.. `r �'tolta Title: Denver Local Leader 7CO2EBDFFC3D43C_. City Clerk x 4eio ,fir [ SEAL ] s r''4'De AT to BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. DocuSigned by: Lrsr - Ohlof P Lo (WofStoar pr . Director ofl'mance APPROVED AS TO FORM: t- -DocuSigned by: Vat.i11, C. e1ov.stk — City of PWLh City Offerw, \--245CFUE53Z1848g... City Attorney - 14 - APPENDIX A Brown and Caldwell Proposal for: Dewatering Permit Compliance Prepared for City of Pueblo March 4, 2022 IBrown TD Caldwell -1- Appendix A- Detailed Scope of Services Project Understanding The City of Pueblo(Pueblo) is preparing for maintenance on their clarifiers at the James R. Dilorio Water Reclamation Facility(WRF).This requires dewatering the surrounding alluvium to lower the groundwater table to prevent the structure from floating and permit work to be conducted with dry conditions in the structure.That section of the Arkansas River is known to have elevated concentrations of selenium for which Pueblo currently has a discharger specific variance(DSV)from Colorado Department of Public Health and Environment(CDPHE)for their discharge from the James R. Dilorio Water Reclamation Facility. Manganese is also elevated in the groundwater in this area. Despite the known elevated concentrations of selenium and manganese, Pueblo is now being required by CDPHE to obtain a dewatering permit to dewater the alluvium and return the water to the Arkansas River nearby.The discharge permit will contain a compliance schedule giving Pueblo time to meet the stream standards for selenium and manganese, which will require treatment. In order to comply with the compliance schedule, a submittal will need to be developed in June 2022 outlining the options available to meet the limitations. In June 2023,another submittal would be formalized detailing the process selected to comply with the limitations. Pueblo's Objectives • Identify a feasible and compliant discharge alternative that can be implemented to meet Pueblo's schedule for clarifier maintenance. • Provide documentation to meet CDPHE's schedule for permitting and discharge compliance. Pueblo Responsibility Pueblo will provide Brown and Caldwell (BC) all available and relevant information to aid in the evaluation of potential compliance options.This includes, but is not limited to: • Water quantity and quality data relevant to the dewatering, both of the groundwater and nearby surface water • Up to 2 years of the most recent WRF water quantity and quality information Information BC's Scope of Services BC will provide assistance to Pueblo,James R. Dilorio Water Reclamation Facility by performing an evaluation of options to support compliance with the dewatering permit. This Scope of Services includes the following phases: Phase 100 - Compliance Approaches Phase 200- Water Management and Treatment Approach Phase 300 - Technical Memorandum Phase 400 - Project Management and Administration One attachment is also included with this Scope of Services: Attachment 1 - Project Schedule BC's Opinion of Probable Costs (Cost Estimate) IBrown AND Caldwell -2- Appendix A- Detailed Scope of Services BC will develop Class 5 (+100%,-50%)comparitive cost estimates for treatment compliance alternatives which will follow the methodology and guiding principles developed by Association for the Advancement of Cost Estimators International (AACE). Pueblo acknowledges that construction cost estimates,financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. Pueblo acknowledges that such influences may not be precisely forecasted and are beyond the control of BC and that actual costs incurred may vary substantially from the estimates prepared by BC. BC does not warrant or guarantee the accuracy of construction or development cost estimates.Any costs provided by BC as part of this high-level feasibility study are not a result of full design or evaluation,should not be used for CIP planning purposes, but rather to help comparatively inform the short-list of potentially feasible technologies to pursue further in a future scope of work. Phase 100 - Compliance Approaches Objectives As part of this project, BC will perform an evaluation on several water rights, permitting, and treatment options to support regulatory negotiations and compliance of the dewatering permit for Pueblo with CDPHE. Task 101: Basis of Design Development Common to all the compliance approaches below is the development of the basis of design for the dewatered groundwater. BC will schedule a virtual meeting with Pueblo to confirm BC's understanding of the design conditions and define additional conditions necessary for development of the design basis. The virtual meeting will be attended by BC's project manager, biological subject matter expert, selenium/maganese treatment subject matter expert,and project engineer.Additional meetings may be scheduled as needed to support the individual approaches, but will be attended by a smaller team. Areas to clarify: a) Water quality information for the dewatered groundwater a. Average, maximum, and minimum concentrations b. Form of manganese and selenium present b) Range and duration of flows of the dewatered groundwater c) Preferred water collection and conveyance method(s) d) Location of the dewatering wells and locations where the dewatered water will be conveyed to for each approach e) Objective, preferences and decision criteria Task 102: Approach 1, Permitting and Treatment One approach to consider is the opportunity to send the pumped groundwater to the facility or stand alone system for treatment. This approach will need to consider feasibility of treatment, and any modifications to treatment(i.e., addition or alteration of chemicals). Another consideration of this approach is how modifications such as chemical addition or substitution would impact the existing permit or effluent conditions. IBrown AN Caldwell -3- Appendix A- Detailed Scope of Services BC will conduct an evaluation to determine the effects that sending the dewatering water to the WRF will have on the performance and operation of the WRF. Continued compliance with the WRF's discharge limits will be evaluated assuming the dewatered groundwater is mixed with the WRF's main flow and no modifications to treatment system are made. If it is determined that the WRF would not be capable of maintaining compliance once the groundwater is added to the WRF, treatment process alterations or additions,or stand alone treatment will be considered. BC will select up to three treatment alternatives that appear to be the most viable to perform a detailed alternatives evaluation on. The alternatives considered could be modifications to the existing primary or secondary treatment system or a new tertiary treatment process, or stand alone treatment system. Regardless of the application each of these will need to evaluate the impact on the WRF for both nutrient removal and residuals management. To conduct the preliminary screening, BC will consider the project specific constraints and a number of factors for each technology,such as:treatment effectiveness, readiness for full-scale implementation, cost to implement, and footprint requirements. We will take advantage of information BC developed for the selenium and sulfate discharge specific variance (DSV) where applicable. Tasks required for Approach 1 include: • Identify water quality gaps and sampling and analyses to fill them • Identify preferred groundwater collection and conveyance system design • Evaluate hydraulic capacity of WRF, impacts to performance and operations of current biological treatment, modifications required to WRF, estimate Se and Mn concentrations at effluent • Alternatives to be considered would be as follows: no additional, integrated primary and secondary,tertiary treatment, and stand alont treatment • Evaluate through modeling and heuristic approaches no additional, or integrated treatment (i.e., chemical addition,or substitution for improved selenium removal) would impact the performance and compliance with NPDES permit, and if additional equipment or process modifications are required • Evaluate up to three tertiary, or add on treatment of secondary effluent to include: o prescribe a system of treatment processes, o develop simplified process flow diagrams, o determine expected effluent quality, o provide preliminary sizes for major equipment, o summarize technical advantages and disadvantages, and o develop AACE Class 5 (+100%/-50%) comparative total installed, operations and maintenance(O&M), and net present value costs • Provide testing plan for technology and performance confirmation, if applicable Task 103: Approach 2, Permitting - Blending with effluent The second permitting approach to consider would be to blend the pumped groundwater with the effluent to dilute selenium and manganese concentrations before discharge. This approach would likely require conversations with the Water Quality Control Division (WQCD) of CDPHE and research into rules and regulations. Tasks required for Approach 2 include: • Identify water quality gaps and sampling and analyses to fill them • Identify preferred groundwater collection and conveyance system design • Estimate effluent concentrations for Se, Mn, other regulated parameters • Discuss with WQCD and research rules and regulations BrownµeCaldwell -4- Appendix A- Detailed Scope of Services Task 104: Approach 3, Water Rights - Offset return obligations A nearby property owner may be interested in using the pumped water to meet their return flow obligations.As BC currently understands this approach,the adjacent property owner would pay for pumping, maintenance, etc., and requests a year-round water supply. BC will need to calculate the path, quantity, and timing of groundwater return flows associated with this method for inclusion in neighbor's plan to understand if use of the pond would be satisfactory to meet obligations. This approach will require coordination and communication with the adjacent property owner to understand their needs better and what Pueblo would be able to provide. Coordination with the Division of Water Resources will be necessary via in-person meetings and a letter to the Division Engineer. The letter to the Division Engineer will explain the return flows, proposed operations, inclusion in neighbor's plan for augmentation,and the operation following completion of Pueblo's maintenance of the clarifiers.This task will include research and review of subject water rights requiring return flow obligations,and potentially impacted water rights in subject reach. Tasks reauired for Approach 3 include: • Identify water quality gaps and sampling and analyses to fill them • Identify preferred groundwater collection and conveyance system design • Calculate the path, quantity, and timing of groundwater return flows associated with this method for inclusion in neighbor's plan to understand if use of the pond would be satisfactory to meet obligations • Coordination with adjacent property owner, Division of Water Resources, research water rights details Task 105: Approach 4, Water Rights - Meeting return flow needs The Pueblo Board of Water Works(PBWW) may be able to alter their obligations and use the pumped groundwater to meet return flow obligations.This approach would require collaboration with Pueblo and the PBWW, including developing and presenting a plan to PBWW that may include the construction of a new pond and water rights accounting to show the net effect on the Arkansas River. BC will calculate groundwater return flows,evaporative depletions,and include in a plan for replacement. Following that conversation and hopeful approval from PBWW, BC would likely engage the Arkansas River Division Engineer.Assuming there would be adepletive component from the ponds that would require replacement, a Substitute Water Supply Plan (SWSP)would need to be developed that would summarize the return flows, depletions and proposed operations.The SWSP could augment depletions for up to 5 years.An augmentation plan might be necessary if depletions extend beyond five years. Coordination via in-person meetings and phone calls with PBWW and the Colorado Division of Water Resources will be required. Tasks reauired for Approach 4 include: • Identify water quality gaps and sampling and analyses to fill them • Identify preferred groundwater collection and conveyance system design • Discussions with Pueblo and the PBWW • Calculate groundwater return flows,evaporative depletions,and include in a plan for replacement • Develop Substitute Water Supply Plan (SWSP) Task 106: Approach 5, Treatment - Groundwater Direct Discharge Brown ANo Caldwell -5- Appendix A- Detailed Scope of Services This approach would treat the dewatered groundwater, separately from the WRF,to comply with the dewatering permit for direct discharge. It is BC's current understanding that the dewatered groundwater would be out of compliance with the COP's dewatering permit for selenium and manganese if discharged directly to surface water without treatment.There are a number of technologies available to treat selenium and manganese. BC will select up to four alternatives that appear to be the most viable to perform a detailed alternatives evaluation on.To conduct this preliminary screening, BC will consider the project specific constraints and a number of factors for each technology, such as:treatment effectiveness, readiness for full-scale implementation, cost to implement, and footprint requirements. Tasks reauired for Approach 5 include: • Identify water quality gaps and sampling and analyses to fill them. • Identify preferred groundwater collection and conveyance system design. • Alternatives evaluation, up to four alternatives to include: o prescribe a system of treatment processes, o develop simplified process flow diagrams, o determine expected effluent quality, o provide preliminary sizes for major equipment, o summarize technical advantages and disadvantages, and o develop AACE Class 5 (+100%/-50%) comparative total installed,operations and maintenance(O&M), and net present value costs • Provide testing plan for technology and performance confirmation for alternatives, if required Phase 200 Treatability Testing Task 201: Limited Technology Confirmation Testing Treatment performance associated with each treatment alternative can be reasonably well predicted through modeling(e.g., Biowin, OLI Stream Analyzer), heuristic approach engineering(e.g.,spreadsheet tools applying BC's experience with similar water quality), literature review and with simple small scale testing. BC will develop a testing plan for technology and performance confirmation with small scale testing(e.g.,jar testing of chemistry applied to remove selenium and manganese), if required,that will provide a scope to plan and complete tests.Any test plans provided will be included with the technical memorandum provided for the project. In the event that pilot testing at some scale is required to support the preferred treatment alternative, a separate scope of work will be developed for BC to develop a testing plan for pilot testing of the technology and performance confirmation at larger scale that will outline a scope to plan, procure and complete pilot testing for confirming the basis of design for the full scale system. Phase 300 - Technical memorandum Task 301: Draft BC will summarize findings in a draft technical memorandum (TM)submitted to Pueblo After receiving comments from Pueblo, BC will develop a final TM for submittal. Task 302: Final BrownµD Caldwell -6- Appendix A- Detailed Scope of Services The final TM will be developed from one round of Pueblo comments. The final TM will summarize the results of the aforementioned evaluations, and provide a recommendation of how to best proceed with meeting compliance of the dewatering permit. Task 303: QA/QC Implicit to each task listed above has hours allotted for quality control (QC)/technical review.This task includes hours for the client service manager(CSM)to conduct an overall QC of the work, as a whole,to ensure it meets client needs and expectations. Prior to the draft Technical Memorandum (TM), BC will conduct an internal QA/QC review of materials to be submitted. Review will include senior level discipline specific review, plus a technical readability review. Deliverables The following deliverables will be provided as part of this project • BC will provide for review a draft TM summarizing the above evaluations and a recommendation of a path forward • After incorporating one round of client comments, BC will submit a final TM Phase 400 - Project Management and Administration Project Management(PM)will consist of activities necessary to plan, oversee, direct,and manage engineering resources to complete the design,support bid-phase activities,and assist during construction. In addition, PM activities include monthly invoicing and status reporting. Invoicing will occur monthly and will be prepared and submitted to Pueblo via email in an approved format. Invoices shall include total contract amount,total charges to date, previous billings, outstanding balance, current amount remaining, and total amount due. Monthly project status reports will be prepared and submitted to Pueblo along with the monthly invoices. These reports will include summary of services completed since the previous report, current project schedule and budget status, project issues and potential changes,and project schedule updates if changes have been made and agreed upon by Pueblo. Deliverables: • Monthly invoices and progress reports • Comment logs containing substantive QC comments and approved resolutions will be kept and may be made available to Pueblo upon request ' Brown AND Caldwell -7- ATTACHMENT A ID a Task Name Start Finish y March April May 2/132/202/27 3/6 3/133/203/27 4/3 4/104/174/24 5/1 5/8 5/155/22 1 Pueblo Selenium Treatment Tue 3/1/22 Fri 5/20/22 - 1 2 3/1 3 100-Compliance Approaches Tue 3/1/22 Fri 5/20/22 P. 1 4 101-Basis of Design Development Tue 3/1/22 Fri 5/20/22 i t 5 102-Approach 1-Permitting/Treatment Back to Headworks Tue 3/1/22 Fri 5/20/22 1 1 6 103-Approach 2-Permitting-Blending with Effluent Tue 3/1/22 Fri 5/20/22 I 1 7 104-Approach 3-Water Rights-Offset Return Obligation Tue 3/1/22 Fri 5/20/22 i 1 8 105-Approach 4-Water Rights-Meeting Return Flow Needs Tue 3/1/22 Fri 5/20/22 I I 9 106-Approach 5-Treatment-Groundwater Direct Discharge Tue 3/1/22 Fri 5/20/22 i i 10 Mon 3/28/22 Mon 3/28/22 • 3/28 11 200-Treatability Testing Mon 3/28/22 Fri 4/22/22 j110‘........at 12 201-Limited Technology Confirmation Testing Mon 3/28/22 Fri 4/22/22 IMI, 13 Fri 4/15/22 Fri 4/15/22 j• 4/15 14 300-Technical Memorandum Fri 4/15/22 Fri 5/20/22 l r 1 15 301-Draft Fri 4/15/22 Fri 4/29/22 I. 16 Mon 5/2/22 Mon 5/2/22 O 5/2 17 302-Final Mon 5/2/22 Mon 5/9/22 r==r I 18 303-QA/QC Fri 4/15/22 Fri 5/20/22 I 1 19 400-Project Management&Administration Tue 3/1/22 Fri 5/20/22 H Task -. Inactive Summary External Tasks Split Manual Task I I External Milestone Milestone ♦ DurationonlyDeadline Project Projectl Date:Thu 2/24/22 Summary r I Manual Summary Rollup Progress Project Summary Manual Summary I I Manual Progress Inactive Task Start-only l_ Inactive Milestone Finishonly ] L Page 1 Appendix B: Fee Schedule IBrown ANo Caldwell Total Elton $143 $101 $214 $214 $240 $196 $240 $163 $240 $143 $184 $101 100 Compliance Approaches 3 0 26 122 58 74 36 126 10 0 20 0 475 $95,783 $95,783 101 Basis of Design Development 3 0 2 2 2 2 2 2 0 0 0 0 15 $2,963 $2,983 102 App 1-Premit/Treat-Back to HW 0 0 8 0 40 40 4 4 0 0 10 0 106 $22,604 $22,804 103 App 2-Permit-Blend w/Elftuent 0 0 16 0 4 4 0 0 0 0 0 0 24 $5,168 $5,168 104 App 3-Wtr Rights-Offset Return Ob 0 0 0 40 0 0 0 0 0 0 0 0 40 $8,560 $8,560 105 App 4-Wtr Rights-Mtg Return Flow 0 0 0 80 8 24 0 0 0 0 0 0 112 $23,744 623,744 106 App 5-Treat-GW Direct Discharge 0 0 0 0 4 4 30 120 10 0 10 0 178 $32,744 $32,744 200 Treatability Testing 4 0 4 0 12 4 4 4 4 4 0 0 40 $6,236 $8,236 201 Ltd Tech Confirmation Testing 4 0 4 0 12 4 4 4 4 4 0 0 40 $8,236 $6,236 300 Technical Memorandum 16 0 6 0 0 0 0 0 0 10 0 0 32 $5,002 $5,002 301 Draft 4 0 4 0 0 0 0 0 0 8 0 0 14 $2,288 $2,286 302 Final 4 0 0 0 0 0 0 0 0 4 0 0 8 $1,144 $1,144 303 GA/OC 8 0 2 0 0 0 0 0 0 0 0 0 10 $1,572 $1,572 400 Project Mgmt and Administration 12 6 0 0 0 0 0 0 0 0 0 6 24 $2,926 $2,928 "" Default Task 12 6 0 0 0 0 0 0 0 0 0 6 24 $2,928 $2,928 GRAND TOTAL 35 6 36 122 70 78 40 130 14 14 20 6 571 $111,949 $111,949 Appendix C: Identification of Personnel, Subcontractors and Task Responsibility Please refer to Appendix B "Fee Schedule"for this information. Brown*o Caldwell APPENDIX D COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements,is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes , No X . (Must sign below whether you answer "yes"or "no".) (b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party? Yes No If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your business: (c) If you answered "yes"to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two,please attach a supplemental list) If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Signed ,20 By: Name: Mary Kay Provaznik Title: Denver Local Leader For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings,half-siblings, children,and grandchildren; (3)any person who is a relative of the PERA Retiree by marriage to and including spouse,spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. 1