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HomeMy WebLinkAbout10275ORDINANCE NO. 10275 AN ORDINANCE APPROVING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $150,000 BETWEEN THE CITY OF PUEBLO AND BROWN AND CALDWELL, INC., FOR REGULATORY ASSISTANCE AND GENERAL ENGINEERING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Pueblo owns, operates and maintains a wastewater system subject to the requirements of the Federal Clean Water Act and the Colorado Water Quality Control Act; and WHEREAS, the Colorado Department of Public Health and Environment may adopt the changes in regulations that may affect the compliance status of Pueblo’s Water Reclamation Facility; and WHEREAS, the James R. DiIorio Water Reclamation Facility may require general engineering recommendations and guidance; and WHEREAS, Brown and Caldwell, Inc is the Engineer of Record for the James R. DiIorio Water Reclamation Facility, they will provide professional services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Professional Services by and between Pueblo, a Municipal Corporation, and Brown and Caldwell, Inc., a true copy of which is attached hereto and incorporated herein by reference (the “Agreement”) having been approved as to form by the City Attorney, is hereby approved. SECTION 2. Funds for payment for professional services under said Agreement in an amount not to exceed $150,000 shall be paid from appropriated funds budgeted in the City’s 2022 Budget from the Sewer User Fund, Professional Services 52541200-53001. SECTION 3. The Mayor is hereby authorized to execute said contract on behalf of Pueblo, A Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to implement the transactions described therein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 12, 2022 . Final adoption of Ordinance by City Council on September 26, 2022 . President of City Council Action by the Mayor: ☒ Approved on September 28, 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-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 12, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andra Ahrens, Wastewater Director SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $150,000 BETWEEN THE CITY OF PUEBLO AND BROWN AND CALDWELL, INC., FOR REGULATORY ASSISTANCE AND GENERAL ENGINEERING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance accepts an agreement between the City and our Engineer of Record, Brown and Caldwell, Inc for professional services associated with regulatory assistance and general engineering services. The agreement will aid with permitting or evaluation of proposed regulatory changes in hearings and workgroups, engineering support for process issues or evaluations, and support for collection system inspections and field support. PREVIOUS COUNCIL ACTION: Resolution No. 14081 awarded an agreement between the City of Pueblo and Brown and Caldwell, Inc., to provide engineering services for the Pueblo Wastewater Department, on November 12, 2018. BACKGROUND: The Wastewater Department operates the 30-year-old James R. DiIorio Water Reclamation Facility and the collection system in which 67% of the infrastructure is over 50 years old. Process issues can occur for many reasons from improperly functioning equipment to unknown sources of contaminates. Brown and Caldwell can assist with the resolution by running the Water Reclamation Facility model to determine the outcome of various scenarios that can help determine the proper action without trial and error. Large engineering firms can also request information from other engineers throughout the United States to determine what has worked in other situations. This pool of knowledge can be valuable. The impact of any regulatory changes can be more fully understood if the engineering restrictions are evaluated. Response to regulatory changes and hearing proposals often need to be submitted quickly to have them considered by the Water Quality Control Division. This agreement between the City and Brown and Caldwell, Inc. authorizes Brown and Caldwell, Inc. to provide the Wastewater Department with access to as needed assistance to make decisions on regulatory issues, resolve issues related to operation of the Water Reclamation Facility and general engineering services. FINANCIAL IMPLICATIONS: Funds for this project are available from the Sewer User Fund and have been appropriated in the Sewer User Fund, Professional Services 52541200-53001. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: None ALTERNATIVES: The alternative is to wait for specific issues to occur prior to requesting funds to address them. This would potentially allow a problem to escalate to a higher level before the issue could be resolved or not allow a response to the Water Quality Control Division due to insufficient time. RECOMMENDATION: Approval of the Ordinance. Attachments: Agreement for Professional Services between the City of Pueblo and Brown and Caldwell, Inc. Scope of Work is attached. DocuSign Envelope ID:DDC33D25-5A7E-495F-BAB7-5FD7D26C3909 AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN CITY OF PUEBLO AND BROWN AND CALDWELL,INC. THIS AGREEMENT is made and entered this 30th day of September, 2022, by and between Pueblo, a Municipal Corporation ("Client")and Brown and Caldwell, Inc., a California Corporation(hereinafter referred to as "Consultant")for Consultant to render professional consulting and engineering services for Client with respect to Bid 18-087 Wastewater Department Engineer of Record— Regulatory Assistance including General Engineering Services and related ancillary services,hereinafter referred to as the"Project." In consideration of the mutual covenants hereinafter set forth,the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES (a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project described in more detail in Schedule I attached hereto and incorporated herein by reference(the"Basic Services"). Such services shall include all usual and customary professional consulting,engineering,assessment,support,and reporting services as set forth in Schedule 1.In the event this Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals (RFP), all of the requirements of that RFP are incorporated herein by reference, unless any requirement is expressly excluded in Schedule 1. (b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees. SECTION 2. CONSULTANT'S RESPONSIBILITIES (a) Consultant shall be responsible for the professional quality,technical accuracy and timely completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. Consultant shall perform its services in accordance with generally accepted standards and practices customarily utilized by competent engineering firms in effect at the time Consultant's services are rendered. (b) Consultant shall be responsible,in accordance with applicable law,to Client for all loss or damage to Client caused by Consultant's negligent act or omission. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant shall provide all services hereunder in a timely and efficient manner. Consultant shall provide monthly reports to the Client regarding status of all tasks. (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise Client in writing that(i)Consultant considers the work beyond the scope of this Agreement,(ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated,but in the event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto. 18-087 Brown and Caldwell Regulatory Assistance Template Updated-BC Approved May 2022 Page 1 of 12 DocuSign Envelope ID:DDC33D25-5A7E-495F-BAB7-5FD7D26C3909 SECTION 3. FEES FOR SERVICES; PAYMENT (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement,except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $150,000.00,computed as set forth in Schedule 2. (b) Consultant shall submit periodic, but not more frequently than monthly,applications for payment, aggregating to not more than the maximum amount set forth above,for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter,Client shall pay Consultant for the amount of the application within 30 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging,routine photocopying,computer time,or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's negligent errors or omissions. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation,Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably require. Consultant shall rely on information provided without verification unless otherwise agreed in the specific Scope of Work. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not,however,have authority to bind Client as to matters of governmental policy or fiscal policy,nor to contract for additions or obligations exceeding a value which is the lesser of$5000 or 5%of the maximum contract price. (c) Client shall examine all documents presented by Consultant and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings,specifications,reports,documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements,a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact, when all information reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required is not within the custody or control of Client but must be procured from others. SECTION 5.TERMINATION (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder,at any time upon 10 days written notice, either for cause or for convenience. Upon such termination, Consultant and its 18-087 Brown and Caldwell Regulatory Assistance template Updated-BC Approved May 2022 Page 2 of 12 DocuSign Envelope ID:DDC33D25-5A7E-495F-BAB7-5FD7D26C3909 subcontractors shall cease all work and stop incurring expenses,and shall promptly deliver to Client all data,drawings, specifications,reports,plans,calculations,summaries and all other information,documents,work product and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant,Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant,or for other fault of Consultant including but not limited to any failure to timely proceed with work,or to pay its employees and consultants,or to perform work with that level of care and skill ordinarily exercised by consultants performing similar services at the time such services are performed,or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client upon payment to Consultant for work completed,subject to applicable federal grant requirements,and Client shall be vested with all rights therein of whatever kind and however created,whether by common law,statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes,designs,drawings,specifications,and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except(i)with advance written consent of Client,which consent may be granted or withheld in Client's sole and absolute discretion and(ii)in full compliance with the requirements of this Agreement and applicable federal regulations. SECTION 7. INSURANCE AND INDEMNITY (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees,and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph(b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows: (i) Workers'Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the Client. (ii) Commercial General Liability Insurance. The Consultant shall secure and maintain during the period of this agreement/contract and for such additional time as work on the project is being performed, Commercial General Liability Insurance issued to and covering the liability of the Consultant with respect to all work performed by him and all his subcontractors under the Agreement, to be written on a comprehensive policy form. This insurance shall be written in amounts not less than $1,000,000 for each occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo,its agents,officers and employees as additional insureds. This policy shall have all necessary endorsements to provide coverage 18-087 Brown and Caldwell Regulatory Assistance Template Updated-BC Approved May 2022 Page 3 of 12 DocuSign Envelope ID:DDC33D25-5A7E-495F-BAB7-5FD7D26C3909 without exclusion for explosion and collapse hazards,underground property damage hazard,blanket contractual coverage, as well as Owner's and Contractor's Protective Liability (OCP) coverage. The policy shall also provide coverage for contractual liability assumed by Consultant under the provisions of the Agreement/Contract,and"Completed Operations and Projects Liability"coverage. (iii) Professional Liability Insurance with coverage of not less than$1,000,000 in a form and with a deductible acceptable to Client covering claims arising from the negligent acts,errors,or omissions in the services performed by Consultant for Client under this Agreement. (iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain during the period of the agreement/contract and for such additional time as work on the project is being performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of liability for and injury to one person in any single occurrence of not less than$350,000 and for any injury to two or more persons in any single occurrence of not less than $1,000,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Consultant from any and all claims arising from the use both on and off the site of the project of automobiles,trucks,tractors,backhoes and similar equipment whether owned, leased,hired or used by Consultant. (c) Consultant agrees to hold harmless,defend and indemnify Client from and against any liability to third parties, to the extent caused by the negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 8. SUBCONTRACTS (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or subcontractors,Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client,and Client shall be a third-party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant to the extent Client has paid Consultant for services performed by Consultant's subcontractors. (c) Consultant acknowledges that,due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently,Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 9. MISCELLANEOUS (a) Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail,first-class postage prepaid,addressed to the Client,City of Pueblo,Department of Wastewater,Attn: Andra Ahrens,Director, 1300 S.Queens Avenue,Pueblo,Colorado,81001,or to Consultant,Brown and Caldwell,Inc.,Attn: Mary Kay Provaznik,Denver Local Leader, 1697 Cole Boulevard,Golden,Colorado,80401. Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement. This instrument contains the entire agreement between Consultant and Client respecting the Project,and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and 18-087 Brown and Caldwell Regulatory Assistance "Template Updated-BC Approved May 2022 Page 4 of 12 DocuSign Envelope ID:DDC33D25-5A7E-495F-BAB7-5FD7D26C3909 void.In the case of any conflict between the terms of this Agreement for Professional Services and terms of Schedule 1 or any other attachment hereto,the terms of this Agreement shall govern. (c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their successors and assigns; provided,however, neither this Agreement, nor any part thereof,nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client,which consent may be withheld in Client's sole and absolute discretion.Any assignment or attempted assignment in violation of this subsection shall be void. (d) Amendments. No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section 4(b)of this Agreement or upon authorization of Client's governing board. (e) Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo,Colorado. (f) Equal Employment Opportunity. In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color,religion,sex,national origin,disability or age. Consultant shall endeavor to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severability. If any provision of this Agreement,except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source,then such provision shall be deemed void,and the remainder of the Agreement enforced. However,it is the intent of the parties that Section 2 of this Agreement not be severable,and that if any provision of said section be determined to be contrary to law or the terms of any federal grant,then as of the time of any such determination, this entire Agreement shall be void and terminated pursuant to the provisions of Section 5 without waiving any claims or defenses. SECTION 10. COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that it has complied with the United States Immigration Reform and Control Act of 1986. Consultant represents and warrants that to the extent required by said Act, all persons employed by Consultant for performance of this Agreement have completed and signed Form 1-9 verifying their identities and authorization for employment. SECTION 11. PERA LIABILITY Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association("PERA")for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Consultant has submitted a completed Colorado PERA Questionnaire and submitted to Client as reference for this Agreement. SECTION 12. ELECTRONIC SIGNATURE This Agreement and all other documents contemplated hereunder may be executed using electronic signatures with delivery via facsimile transmission,by scanning and transmission of electronic files in Portable Document Format (PDF)or other readily available file format,or by copy transmitted via email,or by other electronic means and in one or more counterparts,each of which shall be:(i)an original,and all of which taken together shall constitute one and the same agreement,(ii)a valid and binding agreement and fully admissible under state and federal law,and(iii)enforceable in accordance with its terms. (Continue to next page for Signature Section.) 18-087 Brown and Caldwell Regulatory Assistance Template Updated-BC Approved May 2022 Page 5 of 12 DocuSign Envelope ID:DDC33D25-5A7E-495F-BAB7-5FD7D26C3909 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO,A MUNICIPAL CORPORATION BROWN AND CALDWELL, INC. e—Docusigned by: --DocuSigned by: P IUc1�.elaS a'al Asar ll�a 14 Prova.4)1uL — �°jrowtA. 044 Cathit LL B'� Cli Shtl Bye-446CF"D94C1 43B l ictohUtlasl3',radisar, Mayor Mary Kay Provaznik, Denver Local Leader DocuSigned by: Attes �Wttd Fl: 4sc; Marisa` toyer,City Clerk ,,p.e1 Y.c,, [SEAL] ...‘':,;44,, ar ,o r''''.01 Al t'''' tir—DS BALANCE OF APPROPRIATION EXISTS FOR THIS at CONTRACT AND FUNDS ARE AVAILABLE. Approved ‘ r—DocuSigned by: lAirlit sol414n.10 Laura Solano,Chief of Staff APPROVED AS TO FORM: VDocuSigned by: ane( C. -must - 24.,C OE59240409 . Dan ogovsek,City Attorney Attachments: Schedule 1: Scope of Services Schedule 2: Fee Schedule 18-087 Brown and Caldwell Regulatory Assistance "template Updated-BC Approved May 2022 Page 6 of 12 SCHEDULE 1 -SCOPE OF SERVICES Excerpt from Brown and Caldwell letter to City dated August 10,2022 Brown and Caldwell (BC) is pleased to present this proposal for continued Regulatory As- sistance, General Engineering Services and Collection System Supplemental Services to the City of Pueblo's(Pueblo's)James R. Dilorio Water Reclamation Facility(WRF). With the ever-changing regulatory landscape, wastewater treatment providers are consist- ently faced with new and evolving regulatory requirements from the Water Quality Con- trol Division (WQCD)and the Water Quality Control Commission (WQCC). This as-needed effort reflects the general type of assistance that could be needed while providing flexi- bility to respond to regulatory needs as they arise. Phase 1: Regulatory Assistance In order to maintain compliance while making sustainable choices, there are times when additional assistance may be needed to stay in front of regulatory issues. BC is providing this scope of work to provide such assistance on a time-and-materials basis. This scope of work outlines the tasks that BC could perform to assist Pueblo with permitting or other regulatory issues in the upcoming year.This may include items such as: • Development of a water quality assessment(WQA)ahead of the next permit re- newal,which may occur as early as Fall 2023_ • Assistance with any updates to the renewal permit application or preparation of water quality data for submittal. • Assistance with developing reports and information associated with the DSV for the next WQCC review/update of the DSV. • Assistance at upcoming WQCC Hearings such as Regulation 85, Regulation 32, Policy 17-1, Policy 06-1, Regulations 41 and 42, and/or Regulations 93 hear- ings. • Review and comment development for the renewal permit documents when completed by the WQCD_ • Attendance of workgroup meetings or other regulatory meetings that may impact Pueblo. • General permitting,compliance,or standards issues that may come up. Because permitting and regulatory drivers are dynamic, BC will work closely with, and take direction from, Pueblo on an on-call basis_ Phase 2: General Engineering Services BC will provide, as directed by Pueblo within the budget allowed for this task, additional Engineering support needed during the duration of this scope of work_Assistance may include items such as: • Assistance with defining scope of work for new projects_ • Preparation and attendance of special workshops with BC experts_ • Preparation of documents and information for miscellaneous evaluations, stud- ies, incidental engineering, and cost estimates. • Other assistance as determined by Pueblo_ 18-087 Brown and Caldwell Regulatory Assistance 'template Updated- BC Approved May 2022 Page 7 of 12 Phase 3: Collection System Supplemental Services BC will provide, as directed by Pueblo within the budget allowed for this task, additional Engineering support needed during the duration of this scope of work.Assistance may include items such as: • Field inspections. • Survey. • CCN for larger diameter piping. • Leakage detection. • Manhole inspection. • Preparation and attendance of special workshops with BC experts. • Other assistance as determined by Pueblo. Assumptions, Deliverables, and Schedule BC assumes that Pueblo will provide any water quality data or other information that may be needed to complete the assigned tasks. Schedules and deliverables may be re- quested at the time of assignment and documented by email. Work on specific tasks will begin upon direction and be completed on a time-and-materials basis. 18-087 Brown and Caldwell Regulatory Assistance Template Updated-BC Approved May 2022 Page 8 of 12 SCHEDULE 2- FEE SCHEDULE Excerpt from Brown and Caldwell letter to City dated August 10,2022 Compensation Phase 1: Regulatory Assistance As this SOW may cover several tasks, and may include larger DSV related items, com- pensation is estimated at $50,000 on an on-call basis. Time-related charges will be made in accordance with our contracted rate schedule, not to exceed $50,000 without approval by Pueblo. Phase 2: General Engineering Services As this SOW may cover several tasks, compensation is estimated at $50,000 on an on- call basis. Time-related charges will be made in accordance with our contracted rate schedule, not to exceed $50,000 without approval by Pueblo. Phase 3: Supplemental Collection System Services As this SOW may cover several tasks, compensation is estimated at $50,000 on an on- call basis. Time-related charges will be made in accordance with our contracted rate schedule, not to exceed $50,000 without approval by Pueblo. 18-087 Brown and Caldwell Regulatory Assistance Template Updated- BC Approved May 2022 Page 9 of 12