HomeMy WebLinkAbout10178ORDINANCE NO. 10178
AN ORDINANCE APPROVING AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES IN THE AMOUNT
OF $65,031 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND BROWN AND CALDWELL, INC., FOR
CONSULTING ENGINEERING SERVICES WITH RESPECT TO
THE SUSTAINABILITY STUDY 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 identifying the
best sustainable technologies to use throughout the Wastewater Department; 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:
Phase 100 - Project Management and Administration
Phase 200 – Technology Screening Evaluation
Phase 300 – Technical Memorandum
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.
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 May 9, 2022 .
Final adoption of Ordinance by City Council on May 23, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on May 26, 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
Deputy City Clerk
City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 9, 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 $65,031 BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND BROWN
AND CALDWELL, INC., FOR CONSULTING ENGINEERING SERVICES
WITH RESPECT TO THE SUSTAINABILITY STUDY FOR THE
WASTEWATER DEPARTMENT 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 identifying sustainable
energy sources, techniques to use or sell the biogas the Water Reclamation Facility
produces.
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
types of sustainable energy producing technologies and their associated costs for
implementation. This study will allow the Wastewater Department to determine what
sustainable technologies are feasible and cost effective to implement at the Water
Reclamation facility or in the collection system. The Wastewater Department would like
to do this study to determine if money may be saved and carbon emissions may be
reduced.
FINANCIAL IMPLICATIONS:
The cost of the agreement with Brown and Caldwell to provide design services for the
evaluation will not exceed $65,031. Funds are available from the Professional Services
Budget.
BOARD/COMMISSION RECOMMENDATION:
Not applicable
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
The no-action alternative would be the status quo, which may cost the rate payer more
money in the future with rising energy costs.
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 _______day of May, 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 Sustainability Study,
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.
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 perform the following unless otherwise indicated in the attached
Scope of Service (Appendix A):
(a) Consult with Owner to determine his requirements for the Project and review available data.
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(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 electronic copies of the Report to 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 shallperform the following unless otherwise indicated
in the attached Scope of Service (Appendix A):
(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.
(f) Engineer shall furnish electronic 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.
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(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.
2.4Construction 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 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,
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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.
(f) 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, 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.
(l) 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.
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(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 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.
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(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 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".
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.
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(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.
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 $65,031.00 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
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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.
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
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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 $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, City of Pueblo
Department of Wastewater, Attention: Andra Ahrens, Director, 1300 S. Queens Avenue, Pueblo, Colorado, 81001, or
to the Engineer, Brown and Caldwell, Inc., at the address listed above. 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.
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7.6 Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by
written Amendment signed byan 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.
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 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 () pages.
Appendix B - "Fee Schedule" consisting of 2 (two) pages.
Including Schedule of Personnel and Duties
SECTION 10. ACCESSIBILITY.
The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and 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
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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-
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 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
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.
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(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 submit the
questionnaire to Owner.
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
By By
, Mary Kay Provaznik, Denver Local Leader
Attest
City Clerk
\[ S E A L \]
BALANCE OF APPROPRIATION EXISTS FOR THIS
CONTRACT AND FUNDS ARE AVAILABLE.
ROVED AS TO FORM
City Attorney
Attachments: Appendix A – Scope of Services
Appendix B – Fee Schedule
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APPENDIX A
Brown and Caldwell Proposal
for:
Sustainability Study
Prepared for
City of Pueblo
December 10, 2021
- 1 -
Sustainability Study Scope of Work.docx
Appendix A Detailed Scope of Services
Project Overview
Brown and Caldwell (BC) will provide assistance to the City of Pueblo (COP), James R. DiIorio Water
Reclamation Facility by performing a high-level feasibility study to identify potential cost-effective ways to
improve energy efficiency through operations and/or utilization of alternative technologies. This effort is
being categorized as a Sustainability Study.
Any changes to the contract must be authorized by the COP Wastewater Director and negotiated with the
BC Project Manager.
Services will include:
Review of provided operational and energy use data
Identification of opportunities for energy efficiency
Cursory review of alternative technologies (as defined further below under Phase 200) for
evaluation of feasibility and cost effectiveness;Cost effectiveness will be a high-level evaluation
of capital and operational costs
Provide recommended short-list of potentially viable capital projects that would require a more
detailed evaluation prior to a final decision on implementation of the technology and preliminary
design
This Scope of Services includes the following phases:
Phase 100 Project Management and Administration
Phase 200 Technology Screening Evaluation
Phase 300 Technical Memorandum
One attachment is also included with this Scope of Services:
Attachment 1 Project Schedule
COP WW Responsibility
Pueblo WW will provide BC all available and relevant information to aid in the Sustainability Study. This
includes, but is not limited to:
Operational data: BC will request operational data specific to the plant (i.e., digester gas
production data, digester gas chemical composition, etc.)
Power consumption data: BC will request power consumption data specific to the plant
BC
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.
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Sustainability Study Scope of Work.docx
Phase 100 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 the COP 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 the COP 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 the COP.
Deliverables:
Monthly invoices and progress reports
Comment logs containing substantive QC comments and approved resolutions will be kept and
may be made available to COP upon request
00 Technology Evaluation
Objectives
As part of this project, BC will perform a cursory evaluation of the following technologies for feasibility
and sustainability opportunities:
Cogeneration
Hydropower turbines
Solar power
Gas upgrading for pipeline injection or fleet vehicle use
Fleet conversion
Heat pumps
Biological treatment
Side-stream treatment
Wind
Energy efficiency study
Food-to-waste co-digestion
Grant opportunities
Acid plus
District heating
To support the feasibility study and achieve a recommended short-listed set of alternatives for a
more detailed evaluation, cost impacts (capital and operational) will be reviewed. This evaluation
does not produce a full cost analysis to determine an estimated net present value or other detailed
financial analyses comparing revenue to capital costs, operation and maintenance (O&M), and
repair and replacement (R&R) costs. While not included in this scope, if adequate opportunity for
cost savings and energy sustainability is identified through this evaluation, a future business case
3
Appendix A Detailed Scope of Services
evaluation with a full O&M cost analyses on a few recommended alternatives may be beneficial to
Pueblo for CIP and financial planning purposes.
Task 201: Cogeneration
A biogas utilization option such as combined heat and power (CHP), also commonly referred to as
cogeneration, is a candidate technology for Pueblo where biogas can be cleaned up and combusted in
internal combustion engines connected to an electrical generator to produce electricity for the plantor
for sale back to the electric utility. The exhaust and jacket water systems are also plumbed to cool the
engines which produces hot water that can be used to heat process fluids (i.e., digester contents) or
buildings. This evaluation will include review of existing data and potential costs.
Assumptions
Technology is limited to lean-burn and turbocharged internal combustion engines
Biogas will require gas conditioning to remove contaminants (e.g., H2S, siloxanes, etc.) before
use in the engine
This evaluation is to determine the suitability of available cogeneration systems and the
associated gas conditioning systems, and a cursory look at capital costs of such systems
Task 202: Hydropower turbines
At the point of discharge into the Arkansas River, there is the potential to utilize hydropower turbines to
generate power for the facility.
generate power at several locations within the plant and in the effluent channel. Twelve million gallons of
water flows through the plant daily that can be used to operate the turbines. BC will evaluate the
feasibility of hydropower turbines by calculating the approximate amount of power that may be
generated and comparing that to the potential approximate costs of the system.
Assumptions
This task is to review the technical viability of hydroturbines at the facility and, if technically
viable, a cursory look at the estimated capital costs
COP will provide water flow rates and elevations at the various sites that hydropower may be
installed at the facility
Task 203: Solar
COP evaluated additional solar in 2017, but it was determined that 10 acres solar would be needed to
produce enough power to make battery storage cost effective. The cost of battery storage has come
down, but additional land may still be needed. Smaller solar fields could be added to offset more of the
daily energy cost, but peak demand charges would not be reduced. Battery storage is necessary to offset
peak demand to provide the most benefit. BC will evaluate how much solar would be required to make
battery storage cost effective and describe the additional land requirements to make such a project
possible.
Assumptions:
COP will provide 2 years of monthly electric bills.
Task 204: Gas upgrading (RNG and CNG)
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Sustainability Study Scope of Work.docx
Appendix A Detailed Scope of Services
Beneficial reuse of digester gas could potentially allow the COP to redirect the biogas from being
combusted in a boiler or waste gas burner to instead create a usable revenue generating product gas. A
variety of technologies convert biogas to a renewable natural gas (RNG) product for injection into a
natural gas pipeline or for use as compressed biomethane (CNG) in a vehicle fleet. Contaminants of
concern in biogas that need to be removed in order to meet RNG and CNG standards are HS, moisture,
2
siloxanes, and carbon dioxide (CO). Revenues include selling renewable identication numbers (RINs)
2
and the sale of RNG or CNG. This analysis will review the suitability and viability of the available
technologies and potential revenue stream generation, but will not serve as a full business case
evaluation.
Assumptions:
This evaluation is to determine the viability and potential suitability of available gas upgrading
technologies for COP and a cursory look at capital costs of such a system.
Task 205: Fleet conversion
The biogas (methane) produced in the digesters can also be collected and processed to remove the
hydrogen sulfide, carbon dioxide, moisture, carbon dioxide, and other trace contaminants (i.e.,siloxanes)
to provide a gaseous fuel (biomethane or CNG) to power vehicles. Considerations to be evaluated for this
alternative is fleet vehicle opportunities (i.e., garbage trucks, busses, etc.) and their proximity to the
treatment plant site. This will be a high-level review of existing fleet, potential for fleet conversion to CNG,
and feasibility of potential biogas upgrades required.
Assumptions
COP can provide information about the existing fleet (number and type of vehicles and
approximate storage locations within Pueblo)
Only bus fleets or sanitation fleets will be considered
This evaluation is to determine the viability and potential suitability of upgrading the existing
fleet of vehicles to operate on CNG, and a cursory look at capital costs of such upgrades
Task 206: Heat pumps
The wastewater in the collection system or even in the plant effluent maintains relatively constant
temperatures, varying only a few degrees from summer to winter. This low-level energy is ideal for heat
recovery that can harness this thermal source for heating and cooling. The recovered heat from the
effluent could be used for process heating and building heating similar to how heat produced by a CHP
system is used for those same purposes..
This evaluation will include reviewing information on existing heating system temperature and heat
demands, establish if heat pumps are feasible (e.g., if they can meet required temperature and
capacity), and development of a high-level cost approximation.
Assumptions
Client has hot water system operating data and/or design data, and information on boilers
(age, size, condition) and will provide to BC
Assume direct effluent cooling, hybrid heat pump / boiler design
Capital cost estimate will be major equipment cost with 4.0 multiplier
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Sustainability Study Scope of Work.docx
Appendix A Detailed Scope of Services
Task 207: Biological treatment
Biological wastewater treatment is energy-
energy footprint. During previous projects, BC has helped the COP lower the energy requirements for
biological treatment using advanced aeration control strategies, resulting in significant energy savings
(approximately $150,000 per year). For this task, BC will review the current operation of the aeration
system and controls and look for further optimization opportunities. For this, the existing BioWin model
developed and calibrated by BC under previous projects will be employed. First, the model results will be
compared with current plant operation and performance to establish a baseline for energy footprint and
performance. Then, the BioWin model will be used to evaluate possible optimization opportunities to
Assumptions:
COP to provide detailed operational data from the treatment plant for the past two years
BC will analyze existing plant operation data and identify opportunities for optimization
BC will use the existing biological process model to pre-screen optimization alternatives
Task 208: Side-stream treatment
Sidestream treatment of anaerobically digested dewatering centrate has proven to be a cost-effective
and energy-efficient solution for wastewater treatment plants. The removal of nitrogen in sidestream
using deammonification, where anammox bacteria is used to remove nitrogen without oxygen and
carbon, is a highly sustainable practice now employed by many utilities worldwide. At COP, the
sidestream treatment could provide overall nitrogen load reduction to the biological treatment, a
reduction in ammonia spikes associated with centrifuge operation, and an overall reduction in aeration
demands for biological treatment. Furthermore, sidestream treatment opens the possibility to
co-digestion opportunities at the plant without negatively impacting the final effluent quality from the
treatment plant. The BioWin process model developed under previous tasks will be used to analyze the
viability of sidestream treatment from a process and economic standpoint. In addition, the process
model will be used to develop sidestream process design criteria that specific sidestream technology
providers will utilize. Submittals, including cost proposals from technology providers, will be reviewed,
and a detailed comparison will be carried out.
Assumptions:
COP to provide existing sidestream quality data for the past two years. If data is not available, BC
will assume the results predicted by the BioWin model for the pre-screening phase
BC will analyze existing data around centrate
BC will use the existing biological process modeling results and proposals from a selected
number of vendors to pre-screen sidestream alternatives
Task 209: Wind
BC will evaluate publicly available data to determine whether wind energy generation is a viable
technology for COP to pursue.
Assumptions
Data will be publicly available and representative of conditions at COPs facility
- 6 -
Sustainability Study Scope of Work.docx
Appendix A Detailed Scope of Services
Task 210: Energy efficiency
BC will review conditions of energy efficiency to determine whether COP should pursue it as an
opportunity to increase efficiencies at the facility.
Assumptions:
BC will evaluate publicly available data/guidelines on what is covered for review in an energy
efficiency study
BC may contact Black Hills Energy to determine applicability of the facility, should budget allow
Task 211: Food-to-waste co-digestion
Food waste is the second largest category of municipal solid waste (MSW) sent to landfills in the United
States, accounting for approximately 18% of the waste stream. Food waste is highly biodegradable and
has a much higher volatile solids destruction rate (86-90%) than biosolids. Anaerobic digestion of food
waste has many benefits for COP, including an increase in methane generation which can be used as an
energy source. Wastewater treatment facilities can expect to see cost savings from incorporating food
waste into anaerobic digesters due to production of on-site power and tipping fee for accepting the food
waste. For this study, BC will evaluate the impact of co-digestion on the plant energy footprint and
effluent quality using a desktop mass balance analysis coupled with steady-state BioWin model
experience with other municipalities. Energy mass balances (e.g., Sankey diagrams) will be generated to
understand the impact of food waste digestion on the energy footprint and sustainability for COP.
Assumptions:
A market for foot waste diversion to the JR Dilorio WRF is available within the City of Pueblo
and surrounding communities
Food waste characteristics based on available information and literature unless the
information is readily available and to be provided to BC
Additional food waste quantities to be added until the capacity of the existing anaerobic
digestion system is met
Task 212: Grant opportunities
BC will research if grant opportunities exist for the evaluated technologies. This is important because a
grant funding option could be the different between making a technology feasible for COP or not. BC
recommends that a further evaluation of grant opportunities is conducted during the next phase of
evaluation, after the short-list is developed and focused research is more easily achieved.
Assumptions
BC will not be compiling any of the application details for the grant opportunities
BC will not be applying for any of the grants listed as maybe being an option for funding
(either entirely or partially) any technology
Task 213: Acid Plus
Acid P
Massachusetts Amherst and City College of New York. The process should allow struvite harvesting
upstream of methane-phase digesters (thereby reducing maintenance). It can also divert considerable
H2S in the acid-phase biogas to waste (so that it does not need to be removed from methane-phase
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Sustainability Study Scope of Work.docx
Appendix A Detailed Scope of Services
biogas, making biogas treatment easier). Finally, existing digestion capacity may be increased by
integrated use of recuperative thickening; potentially providing capacity for co-digestion.
Assumptions
Acid Plus will be as-laboratory-scale proof of such. COP is
discouraged from proceeding until such at time that COP has comfort with the suitability of its
implementation at the plant
Task 214: District heating
The quantity of recoverable heat in may exceed the amount of heat required by the
WRF. If a partnership could be established with a large nearby heat consumer (e.g. a hospital or
university) to provide hot water for heating, a large heat pump system (described in Task 207) could be
implemented to provide heat for the WRF as well as additional consumers. The additional consumers
would pay a negotiated fee for the heat provided by the WRF.
For this task, BC will contact up to three potential nearby partners to collect information on their heat
system. This task will identify any technically feasible partners based on compatibility with their existing
system and proximity to the WRF.
Assumptions
Only a cursory investigation will be conducted for providing District Heating to the CSU-Pueblo
campus
Task 215: QC/Technical reviews
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.
00 Technical memorandum
Task 301: Draft
BC will summarize findings in a draft technical memorandum (TM) submitted to COP. After receiving
comments from COP, BC will develop a final TM for submittal.
Task 302: Final
The final TM will be developed from one round of COP comments. The final TM will summarize the results
of the aforementioned evaluations, and provide a list of potential cost-effective ways to improve energy
efficiency through operations and/or utilization of alternative technologies. This list will inform the next
scope of work to evaluate these potential technologies further.
QA/QC
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
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Sustainability Study Scope of Work.docx
Appendix A Detailed Scope of Services
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 technologies to pursue
After incorporating one round of client comments, BC will submit a final TM
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Sustainability Study Scope of Work.docx
Appendix B: Fee Schedule
Pueblo, City Dept of Wastewtr (CO) -- Pueblo-Sustainability Study
Total Total
Labor Labor
HoursEffortTotal Effort
PhasePhase DescriptionPMPA
$143$101$214$240$196$184$240$214$163$122$184
100Project Management & Administration 2081600000000 44$7,092$7,092
200Technology Evaluation 120446217329781640 274$50,444$50,444
201Cogeneration0000160011500 32$5,795$5,795
202Hydropower turbines00007004700 18$3,369$3,369
203Solar000000000160 16$1,952$1,952
204Gas upgrading (RNG and CNG)0000330032800 64$11,674$11,674
205Fleet conversion00005061600 18$3,612$3,612
206Heat pumps0000117002200 40$6,910$6,910
207Biological treatment000200000016 18$3,424$3,424
208Side-stream treatment00010000008 9$1,712$1,712
209Wind00000040000 4$960$960
210Energy efficiency60000000000 6$858$858
211Food-to-waste co-digestion000100800016 25$5,104$5,104
212Grant opportunities60000020000 8$1,338$1,338
213Acid Plus00000080000 8$1,920$1,920
214District heating00000040000 4$960$960
215QC/Technical reviews00400000000 4$856$856
300Technical Memorandum 0080110041700 40$7,495$7,495
301Draft004070021100 24$4,449$4,449
302Final00404002600 16$3,046$3,046
GRAND TOTAL 32828473173213951640358$65,031$65,031
APPENDIX B
Brown and Caldwell Fee Schedule
Hourly
LevelEngineering Technical/Scientific Administrative Rate
A $67
Office/Support Services I
Word Processor I
B $74
Drafter TraineeField Service Technician I Office/Support Services II
Word Processor II
C $81
Assistant Drafter Field Service Technician IIOffice/Support Services III
Drafter Accountant I
D $92
Engineering Aide Word Processor III
Inspection AideField Service Technician III Office/Support Services IV
Engineer I
Senior Drafter Geologist/Hydrogeologist I
E $101
Senior Illustrator Scientist I Accountant II
Inspector I Senior Field Service Technician Word Processor IV
Engineer II Accountant III
Inspector II Area Business Operations Mgr
F $122
Lead Drafter Geologist/Hydrogeologist II Technical Writer
Lead Illustrator Scientist II Word Processing Supervisor
Engineer III
Inspector III
G $143
Senior Designer
Geologist/Hydrogeologist III Accountant IV
Supervising Drafter
Supervising Illustrator Scientist III Administrative Manager
Senior Engineer
H $163
Principal Designer
Senior Construction Engineer Senior Geologist/Hydrogeologist
Senior Engineer Senior Scientist Senior Technical Writer
Principal Engineer
I$184
Principal Construction Engineer Principal Geologist/Hydrogeologist
Supervising Designer Principal Scientist Corp.Contract Administrator
Supervising Engineer Supervising Scientist
J $196
Supervising Constr. Engineer Supervising Geologist/
Supervising Engineer Hydrogeologist Assistant Controller
K $214
Managing Geologist/Hydrogeologist
Managing Engineer Managing Scientist Area Bus Ops Mgr IV
L Chief Engineer Chief Scientist $240
Executive Engineer Chief Geologist/Hydrogeologist Corp Marketing Comm. Mgr.
M $240
Vice President
Senior Vice President
N - P $242
President/Executive Vice
President
Chief Executive Officer
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