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.
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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
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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
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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
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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.)
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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.
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APPROVED AS TO FORM:
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Dan ogovsek,City Attorney
Attachments: Schedule 1: Scope of Services
Schedule 2: Fee Schedule
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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_
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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.
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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.
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