HomeMy WebLinkAbout6089RESOLUTION NO. 6089
A RESOLUTION AUTHORIZING THE EXECUTION OF A
C014TRACT WITH CH2M -HILL, FOR CONSULTING
ENGINEERING SERVICES RELATED TO THE AIRPORT
INDUSTRIAL PARK'S WASTEWATER TREATMEiJ PLANT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
An Agreement between the City of Pueblo and CH2M -Hill, whereby CH2M -Hill
shall provide and perform professional engineering services associated with
the Airport Industrial Park's Wastewater Treatment Plant for compensation not
to exceed $20,000.00, with such terms as the City Manager may require and upon
approval as to form by the City Attorney, be and hereby is authorized and
approved.
SECTION 2.
The City Manager is hereby authorized to execute said agreement on behalf
of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the seal of the City thereto and attest the same.
INTRODUCED September 14 , 1987
B PA JONE
Councilman
APPROVED:
President o the Coun 1
ATTEST:
Citf Clerk
CW HI LL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between CH2M HILL Central INC., (the "ENGINEER "), and
City of Pueblo , ( the "OWNER ") ,
for a PROJECT generally described as:
A wastewater management system for the Pueblo Airport Industrial Parr.
ARTICLE 1. SCOPE OF SERVICES
The Scope of Services is set forth in Attachment A
ARTICLES 2 & 3. COMPENSATION & TERMS OF PAYMENT
ENGINEER's compensation and terms of payment are set forth in
Attachment B.
ARTICLE 4. OBLIGATIONS OF THE ENGINEER
Amendments to ARTICLE 4, if any, are included in Attach ment C.
A. STANDARD OF CARE
The standard of care applicable to ENGINEER's services
will be the degree of skill and diligence normally employed
by professional engineers or consultants performing the
same or similar services. The ENGINEER will reperform any
services not meeting this standard without additional
compensation.
B. SUBSURFACE INVESTIGATIONS
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary signifi-
cantly between successive test points and sample inter-
vals and at locations other than where observations,
explorations, and investigations have been made. Be-
cause of the inherent uncertainties in subsurface evalua-
tions, changed or unanticipated underground conditions
may occur that could affect total PROJECT cost and /or
execution. These conditions and cost /execution effects
are not the responsibility of the ENGINEER.
C. ENGINEER'S PERSONNEL AT CONSTRUCTION SITE
The presence or duties of the ENGINEER's personnel at a
construction site, whether as onsite representatives or
otherwise, do not make the ENGINEER or its personnel in
any way responsible for those duties that belong to the
OWNER and /or the construction contractors or other enti-
ties, and do not relieve the construction contractors or any
other entity of their obligations, duties and responsibilities,
including, but not limited to, all construction methods,
means, techniques, sequences and procedures neces-
sary for coordinating and completing all portions of the
Page 1 of 5
construction work in accordance with the Contract Doc-
uments and any health or safety precautions required by
such construction work. The ENGINEER and its personnel
have no authority to exercise any control over any con-
struction contractor or other entity or their employees in
connection with their work or any health or safety precau-
tions and have no duty for inspecting, noting, observing,
correcting or reporting on health or safety deficiencies of
the construction contractor or other entity or any other
persons at the site except ENGINEER's own personnel.
D. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND
SCHEDULES
In providing opinions of cost, financial analyses, economic
feasibility projections, and schedules for the PROJECT, the
ENGINEER has no control over cost or price of labor and
materials; unknown or latent conditions of existing equip-
ment or structures that may affect operation or mainte-
nance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties;
quality, type, management, or direction of operating per-
sonnel; and other economic and operational factors that
may materially affect the ultimate PROJECT cost or sche-
dule, Therefore, the ENGINEER makes no warranty that the
OWNER's actual PROJECT costs, financial aspects, eco-
nomic feasibility or schedules will not vary from the ENGI-
NEER'S opinions, analyses, projections, or estimates. When
the OWNER requires the ENGINEER to prepare quantity
and material take -offs and /or opinions of cost from plans
and specifications that are less than 100 percent com-
plete, the OWNER will hold the ENGINEER harmless from
any and all loss, liability, or claims resulting from the
incompleteness.
E. CONSTRUCTION PROGRESS PAYMENTS
Recommendations by the ENGINEER to the OWNER for
periodic construction progress payments to the construc-
tion contractor will be based on the ENGINEER's know-
ledge, information, and belief from selective sampling
that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or
detailed examinations have been made by the ENGINEER
to ascertain that the construction contractor has com-
pleted the work in exact accordance with the contract
documents; that the final work will be acceptable in all
respects; that the ENGINEER has made an examination to
ascertain how or for what purpose the construction con-
tractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to OWNER free
and clear of liens, claims, security interests, or encum-
brances; or that there are not other matters at issue
between OWNER and the construction contractor that
affect the amount that should be paid.
FORM 398
RECORD DRAWINGS
Record drawings, if required, will be prepared, in part, on
the basis of information compiled and furnished by others,
and may not always represent the exact location, type of
various components, orexact manner in which the PROJECT
was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is
incorporated into the record drawings.
G
MINORITY -AND WOMEN -OWNED BUSINESSES; OWNER SPEC-
IFIED SUBCONTRACTORS
ENGINEER will comply with OWNER's directives in utilizing
the services of OWNER - specified subcontractors and /or
minority- and women -owned businesses on the PROJECT.
Firms selected by the ENGINEER to meet said directives will
be subject to approval of the OWNER.
ENGINEER's liability arising from the work of said subcon-
tractors or businesses is limited to proceeds available from
their insurances,
H. ACCESS TO ENGINEER'S ACCOUNTING RECORDS
The ENGINEER will maintain accounting records, in accord-
ance with generally accepted accounting principles and
practices, to substantitate all invoiced amounts. Said
records will be available to OWNER during ENGINEER's
normal business hours for a period of 1 year after ENGI-
NEER'S final invoice for examination to the extent required
to verify the direct costs (excluding established or stand-
ard allowances and rates) incurred hereunder. The OWNER
may only audit accounting records applicable to a cost -
reimbursable type compensation.
ENGINEER'S INSURANCE
The ENGINEER will maintain throughout this AGREEMENT
the following insurance:
(a) Workers compensation and employers liability insur-
ance as required by the state or province where the
work is performed.
(b) Comprehensive automobile and vehicle liability
insurance covering claims for injuries to members of
the public and /or damages to property of others
arising from use of motor vehicles, including onsite
and offsite operations, and owned, nonowned, or
hired vehicles, with $1,000,000 combined single
limits.
(c) Commercial general liability insurance covering
claims for injuries to members of the public or dam-
age to property of others arising out of any covered
negligent act or omission of the ENGINEER or of any
of its employees, agents, or subcontractors, with
$1,000,000 combined single limits.
(d) Professional liability insurance of $1,000,000.
(e) OWNER will be named as an additional insured with
respect to ENGINEER's liabilities hereunder in insur-
ance coverages identified in items "b" and "c ", and
ENGINEER waives subrogation against OWNER as to
said policies.
ARTICLE 5. OBLIGATIONS OF THE OWNER Page 2 of 5
Amendments to Article 5, if any, are included in Attachment C.
A. OWNER - FURNISHED DATA
The OWNER will provide to the ENGINEER all technical
data in the OWNER's possession, including, but not limited
to, previous reports, maps, surveys, borings, and all other
information relating to the ENGINEER's services on the
PROJECT. ENGINEER will reasonably rely upon the accu-
racy, timeliness, and completeness of the information pro-
vided by the OWNER.
B. ACCESS TO FACILITIES AND PROPERTY
The OWNER will make its facilities accessible to ENGINEER
as required for ENGINEER's performance of its services and
will provide labor and safety equipment as required by
ENGINEER for such access. OWNER will perform at no cost
to ENGINEER such tests of equipment, machinery, pipe-
lines, and other components of the OWNER's facilities as
may be required in connection with ENGINEER's services,
unless otherwise agreed to. OWNER will be responsible for
all acts of OWNER's personnel.
C. ADVERTISEMENTS, PERMITS, AND ACCESS
Unless otherwise agreed to in the Scope of Services, the
OWNER will obtain, arrange, and pay for all advertise-
ments for bids; permits and licenses required by local,
state, province, or federal authorities; and land, ease-
ments, rights -of -way, and access necessary for the ENGI-
NEER's services or PROJECT construction.
D. TIMELY REVIEW
The OWNER will examine the ENGINEER's studies, reports,
sketches, drawings, specifications, proposals, and other
documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, and other consultants as
OWNER deems appropriate; and render in writing deci-
sions required of OWNER in a timely manner.
E. PROMPT NOTICE
The OWNER will give prompt written notice to ENGINEER
whenever OWNER observes or becomes aware of any
development that affects the scope or timing of ENGI-
NEER's services, or any defect in the work of the ENGINEER
or construction contractors.
ASBESTOS OR HAZARDOUS SUBSTANCES AND INDEMNIFICA-
TION
If asbestos or hazardous substances in any form are
encountered or suspected, the ENGINEER will stop its own
work in the affected portions of the PROJECT to permit
testing and evaluation of the problem. If asbestos is sus-
pected, the ENGINEER will, if requested, assist the OWNER
in contacting regulatory agencies and in identifying
asbestos testing laboratories and demolition /removal
contractors or consultants. If asbestos is confirmed, the
OWNER will engage a specialty consultant or contractor
to study the affected portions of the work and perform all
remedial measures.
If hazardous substances other than asbestos are sus-
pected, the ENGINEER will conduct tests to determine the
extent of the problem and will perform the necessary stu-
dies and recommend the necessary remedial measures
at an additional fee to be negotiated.
FORM 398
To the maximum extent permitted by law, the OWNER will
indemnify and defend ENGINEER and its officers, employ-
ees, agents, and subcontractors, from all claims, dam-
ages, losses and expenses, including, but not limited to,
direct, indirect or consequential damages and attorneys
fees, in excess of the Limitation of Liability in ARTICLE 6D,
arising out of or relating to the presence of asbestos or the
presence, discharge, release, orescape of hazardous sub-
stances or contaminants on or from the PROJECT, The
indemnity in this paragraph will be construed and enforc-
ed according to the law of Colorado.
CONTRACTOR INDEMNIFICATION
OWNER agrees to include the provisions of ARTICLE 4C,
ENGINEER'S PERSONNEL AT CONSTRUCTION SITE and the
following paragraph in all construction contracts asso-
ciated with this PROJECT:
To the maximum extent permitted by law, the con-
struction contractor will indemnify and defend
OWNER and ENGINEER and theirofficers, employees,
agents, and subcontractors, from all claims and
losses, including attorneys fees and litigation costs,
arising out of property losses or health, safety, per-
sonal injury, or death claims by construction con-
tractors, their subcontractors of any tier, and their
employees, agents, or invitees regardless of the fault,
breach of contract, or negligence of OWNER or
ENGINEER, excepting only such claims or losses that
have been adjudicated to have been caused solely
by the negligence of OWNER or ENGINEER and
regardless of whether or not the construction con-
tractor is or can be named a party in a litigation. The
construction contractor will carry comprehensive
general liability insurance naming OWNER and
ENGINEER as additional insureds and including a
contractual liability clause or endorsement cover-
ing the construction contractor's indemnity of
OWNER and ENGINEER, and will provide OWNER and
ENGINEER with a certificate of insurance showing
compliance with the requirements of this para-
graph prior to commencement of work.
H. EXCLUSION OF CONTRACTOR CLAIMS
OWNER agrees to include in all contracts with construc-
tion contractors and equipment or material suppliers an
exclusion of those parties right to make direct claims
against the ENGINEER in the following form:
In performing its obligations for the OWNER, the
ENGINEER and its consultants may cause expense
for the contractor or its subcontractors and equip-
ment or material suppliers. However, those parties
and their sureties shall maintain no direct action
against the ENGINEER, its officers, employees, agents,
and subcontractors, for any claim arising out of, in
connection with, or resulting from the engineering
services performed or required to be performed.
Only the OWNER will be the beneficiary of any
undertaking bythe ENGINEER, itsofficers, employees,
agents, and subcontractors.
OWNER'S INSURANCE
(a) OWNER will provide for a waiver of subrogation as to
all OWNER - carried insurance, during construction
and thereafter, in favor of ENGINEER, its officers,
employees, agents, and subcontractors, and will
require similar waivers from OWNER's other contrac-
tors and their lower tier subcontractors. OWNER will
provide ENGINEER copies of such waivers.
Page 3 of 5
(b) OWNER will provide (or have the construction con-
tractor provide) a Builders Risk All Risk insurance pol-
icy for the full replacement value of all physical
facilities associated with the ENGINEER's services.
Such policy will include coverage for defects in
materials and workmanship and errors in design,
and will provide a waiver of subrogation as to the
ENGINEER and the construction contractors (or OWNER ),
and their respective officers, employees, agents,
and subcontractors. OWNER will provide ENGINEER a
copy of such policy.
LITIGATION ASSISTANCE
The Scope of Services does not include costs of the ENGI-
NEER for required or requested assistance to support, pre-
pare, document, bring, defend, orassist in litigation under-
taken or defended by the OWNER. All such services
required or requested of the ENGINEER, except for suits or
claims between the parries to this AGREEMENT, will be
reimbursed as mutually agreed, and payment for such
services shall be in accordance with ARTICLE 3, unless and
until there is a finding by a court or arbitrator that ENGI-
NEER'S sole negligence caused OWNER's damage.
K. CHANGES
The OWNER may make or approve changes within the
general scope of services in this AGREEMENT. If such
changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will
be made through an amendment to this AGREEMENT,
SERVICES OF ENGINEER
Unless this AGREEMENT is modified or terminated, the
OWNER will have all services specified in this AGREEMENT
performed bythe ENGINEER, employing ENGINEER's stand-
ard form and content of drawings, specifications and con-
tract documents.
ARTICLE 6. GENERAL LEGAL PROVISIONS
Amendments to Article 6, if any, are included in Attachment C.
A. AUTHORIZATION TO PROCEED
Execution of this AGREEMENT by the CLIENTwill be authori-
zation for CH2M HILL to proceed with the work, unless
otherwise provided for in this AGREEMENT.
REUSE OF PROJECT DOCUMENTS
All designs, drawings, specifications, documents, and
other work products of the ENGINEER are instruments of
service for this PROJECT, whether the PROJECT is com-
pleted or not. Reuse by the OWNER or by others acting
through or on behalf of the OWNER of any such instru-
ments of service without the written permission of the
ENGINEER will be at the OWNER's sole risk. The OWNER
agrees to indemnify and defend the ENGINEER from all
claims, damages, losses, and expenses, including, but not
limited to, direct, indirect, or consequential damages and
attorneys fees, arising out of or related to such unautho-
rized reuse.
FORM 398
Page 4 of 5
C. FORCE MAJEURE
The ENGINEER is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts,
accidents, or other events beyond the control of the
ENGINEER.
D. LIMITATION OF LIABILITY
To the maximum extent permitted by law, ENGINEER's
liability for OWNER's damages will not exceed the com-
pensation received by ENGINEER under this AGREEMENT.
E. TERMINATION
This AGREEMENT may be terminated for convenience on
30 days' written notice, or for cause if either party fails
substantially to perform through no fault of the other and
does not commence correction of such nonperformance
within 5 days of written notice and diligently complete the
correction thereafter.
On termination, the ENGINEER will be paid for all autho- K.
rized work performed up to the termination date plus
termination expenses, such as, but not limited to, reassign-
ment of personnel, subcontract termination costs, and
related closeout costs.
or injury, the loss, cost, or expense shall be shared
between ENGINEER and OWNER in proportion to
their relative degrees of negligence or willful mis-
conduct and the right of indemnity shall apply for
such proportion.
ASSIGNMENT
Neither party will assign all or any part of this AGREEMENT
without the prior written consent of the other party.
LEGAL ACTION
All legal actions by either party against the other arising
from this AGREEMENT, or for the failure to perform in accord-
ance with the applicable standard of care, or any other
cause of action, will be barred 2 years from the date the
claimant knew or should have known of its claim, but in
any event no later than 4 years from the date of substan-
tial completion of ENGINEER's services.
CONSEQUENTIAL DAMAGES
In no event shall ENGINEER, its officers, employees, agents
or subcontractors be liable for special, indirect, or conse-
quential damages, and in order to protect ENGINEER
against indirect liability or third party proceedings, OWNER
will indemnify the ENGINEER for any such loss or damage.
SUSPENSION, DELAY, OR INTERRUPTION OF WORK
The OWNER may suspend, delay, or interrupt the services
of the ENGINEER forthe convenience of the OWNER. In the
event of force majeure or such suspension, delay, or inter-
ruption, an equitable adjustment in the PROJECT's sche-
dule, commitment and cost of ENGINEER's personnel and
subcontractors, and ENGINEER's compensation will be
made.
G. NO THIRD PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other
than the OWNER and ENGINEER and has no third -party
beneficiaries.
INDEMNIFICATION
(a) ENGINEER agrees to indemnify and defend OWNER
from any loss, cost, or expense claimed by third par -
tiesfor property damage and bodily injury, including
death, caused solely by the negligence or willful
misconduct of ENGINEER, its employees, oragents in
connection with the PROJECT.
L. INTERPRETATION
Releases from, indemnities against, limitations on, and
assumptions of I iability and limitations on remedies express-
ed in this AGREEMENT shall apply even in the event of
breach of contractor warranty, fault, tort including negli-
gence, strict liability, statutory, or any other cause of
action (except for willful or reckless disregard of obliga-
tions) of the party released or indemnified, or whose liabil-
ity is limited or assumed, or against whom remedies are
limited. Party, as used herein, includes the named parties,
their officers, employees, agents, subcontractors, and
affiliates.
M. JURISDICTION
The law of the state, or province, of Colorado
shall govern the validity of this AGREEMENT, its interpreta-
tion and performance, and any other claims related to it,
except as to ARTICLE 5F, ASBESTOS OR HAZARDOUS SUB-
STANCES AND INDEMNIFICATION.
N. SEVERABILITY AND SURVIVAL
(b) OWNER agrees to indemnify and defend ENGINEER
from any loss, cost, or expense claimed by third par-
ties for property damage and bodily injury, including
death, caused solely by the negligence or willful
misconduct of OWNER, its employees, or agents in
connnection with the PROJECT.
(c) If the negligence or willful misconduct of both the
ENGINEER and OWNER (or a person identified above
for whom each is liable) is a cause of such damage
If any of the provisions contained in this AGREEMENT are
held for any reason to be invalid, illegal, or unenforceable
in any respect, such invalidity, illegality or unenforceability
will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal or unenforcea-
ble provision had never been contained herein.
Articles 4, 5, and 6 shall survive termination of this AGREE-
MENT for any cause.
FORM 398
ARTICLE 7. ATTACHMENTS, SCHEDULES, AND SIGNATURES Page 5 of 5
ThisAGREEMENT, including its Attachments and Schedules, constitutes the entire AGREEMENT, supersedes all priorwritten ororal
understandings, and may only be changed by a written amendment executed by both parties. The following Attachments and
Schedules are hereby made a part of this AGREEMENT:
Attachment A — Scope of Services.
Attachment B — Compensation & Terms of Payment.
Attachment C - Modifications
IN WITNESS WHEREOF, the parties execute below:
For the OWNER, City of Pueblo
dated this 2nd day of October _ 87
By: —dy &IC2 L-'-�C' - ta- - 744
Name 7 Title
By:
Name
Title
By:
Name
Title
For the ENGINEER, CH21M HILL Central
, dated this c day Of S 6:n� `0 6-k-
INC.,
—,19�,
Title
ATTACHMENT A
Attachment A to the the AGREEMENT between CH2M HILL
City of Pueblo
CENTRAL
Page 1 of 5
INC., (the "ENGINEER "), and
for a PROJECT generally described as:
(the "OWNER ") ,
A wastewater management system for the Pueblo Airport Industrial Park.
ARTICLE 1. SCOPE OF SERVICES
ENGINEER agrees to furnish OWNER the following specific services:
CH2M HILL will furnish the City of Pueblo 5 copies of a Preliminary
Engineering Study and 15 copies of the Executive Summary from
that Study. The Study will be specifically prepared to address
wastewater management needs for the Airport Industrial Park Waste-
water Treatment Plant (WWTP). The Study will be prepared to address
the following items:
1. The Study shall conform to the requirements of the Colorado
Department of Health, Water Quality Control Division, for
engineering reports required as attachments to Site
Applications. -
2. The Study shall contain a description of the alternative
analysis used in the selection of the wastewater management
option. This shall include descriptions of up to 4 alter-
natives analyzed and the criteria used in the selection.
3. The Study shall address the following subjects; need for the
project, background information on the existing WWTP, a
description of the planning area, projected growth in the
planning area, an analysis of wastewater management alternatives,
a description of the selected alternative, and an implementation
plan (including preliminary cost of service calculations).
The Study contents shall conform to the outline given in
Exhibit A.
The specific tasks that are required to conduct a study meeting
the above requirements are outlined below. The budgeted labor
effort for each task is also included.
A. DATA GATHERING
Task 1 . Review information received from the City on the WWTP's
existing service area, including boundary description and current
land use plan.
Project Manager 1 hr
Project Engineer 4 hr
FORM 398AO
Page 2 of 5
Task 2 . Review information received from the City on growth and
development projection, including proposed land use plans, and
boundary of projected service area.
Project Manager 1 hr
Project Engineer 4 hr
Task 3 . Visit the WWTP and through discussions with plant personnel
and field observations, gather information on the existing wastewater
treatment plant, including size of facilities, wastewater character-
istics, physical condition of facilities, and operation procedures.
Project Manager 8 hr
Project Engineer 8 hr
B. FLOW AND LOADING PROJECTIONS
Task 4 . Calculate projected flows for the WWTP based on information
obtained in Tasks 2 and 3.
Project Manager 1 hr
Project Engineer 8 hr
Task 5 . Calculate projected loadings for the WWTP based on infor-
mation obtained in Tasks 1, 2, 3, and 4.
Project Manager 1 hr
Project Engineer 4 hr
Task 6 . Write Technical Memorandum No. 1 summarizing Tasks 4 and
5.
Project Manager 1 hr
Project Engineer 8 hr
Graphics 8 hr
Word Processing 4 hr
C. EVALUATE EXISTING P7WTP
Task 7 . Calculate hydraulic capacity of the WWTP.
Project Manager 2 hr
Project Engineer 8 hr
Task S . Calculate the treatment capacity of the WWTP.
Project Manager 2 hr
Project Engineer 10 hr
Task 9 . Write Technical Memorandum No. 2 summarizing Tasks 7 and
8, and addressing the physical condition of existing facilities
as determined in Task 3.
Project Manager 2 hr
Project Engineer 16 hr
Page 3 of 5
Graphics 8 hr
Word Processing 4 hr
D. ALTERNATIVE ANALYSIS
Task 10 . Prepare for workshop by assembling information, and
developing workshop agenda.
Project Manager 4 hr
Project Engineer 16 hr
Word Processing 2 hr
Task 11 . Conduct a 2 day wastewater management selection workshop.
Workshop participants will include the CH2M HILL project team and
appropriate members of the City of Pueblo staff. Tasks to be
completed during the workshop include identifying selection criteria,
identifying and developing wastewater management alternatives,
preparing preliminary cost estimates, evaluating alternatives,
and selecting an alternative.
Project Manager 16 hr
Project Engineer 48 hr
Task 12 . Based on Task 11, refine the selected alternative and
develop an implementation plan.
Project Manager 2 hr
Project Engineer 16 hr
Task 13 . Write Technical Memorandum No. 3 summarizing Tasks 11
and 12.
Project Manager 4 hr
Project Engineer 20 hr
Graphics 16 hr
Word Processing 8 hr
E. FINAL STUDY
Task 14. Write the final study in accordance with the outline in
Exhibit A.
Project Manager 4 hr
Project Engineer 12 hr
Graphics 8 hr
Word Processing 8 hr
F. MEET WITH CITY COUNCIL
Task 15 . Attend one City Council Meeting to present the
findings of the study.
Project Manager 8 hr
Page 4 of 5
Exhibit A to Attachment A
STUDY OUTLINE
EXECUTIVE SUMMARY
1. Service Area
a. Boundaries
b. Population
C. Flow and Loadings
d. Features
2. Effluent Limitations*
3. Existing Facilities
a. Hydraulic Capacity
b. Treatment Capacity
C. Physical Condition
4. Treatment Alternative Development
a. General
b. Alternative A
C. Alternative B
d. Alternative C
e. Alternative D (Optional)
5. Flood Plain Relationship*
6. Treatment Alternative Selection
a. Selected Alternative
b. Staffing Requirements*
C. Legal Description*
7. Legal Arrangements*
8. Institutional Arrangements*
9. Management Capabilities*
10. Financial System*
11. Implementation Plan
*Indicates items that will be based on information provided
to CH2M HILL by the City of Pueblo.
DE /500G/121
5 5
Page of
This Attachment A supercedes all prior written or oral understandings of the Scope of Services, and may only be changed by a
written amendment executed by both parties.
IN WITNESS WHEREOF, the parties execute below.
For the OWNER, Ci of Pueblo
dated this 2nd day of October
By: 1 ',=�
Name
By:
Name
By:
Name
For the ENGINEER, CH2M HILL i INC.,
dated this �� day of < �0 , "� e z 19 E ,,
By;
Title
Title
Title
,19 g
Title
FORM 398,0 (last page)
ATTACHMENT B
Page 1 of 2
Cost Plus Fixed Fee
Attachment B to the AGREEMENT between CH2M HILL r (-ntrai INC., (the "ENGINEER "), and
r; t r F (the "OWNER ") ,
for a PROJECT generally described as:
A wastewater management system for the Pueblo Airport Industrial Park.
ARTICLE 2. COMPENSATION
Compensation by the OWNER to the ENGINEER will be as follows:
A. COST REIMBURSABLE -COST PLUS FIXED FEE
For services enumerated in ARTICLE 1, the ENGINEER's
Direct Salaries expended for the service, plus a percent-
age of Direct Salaries for Salary Overheads, plus a percent-
age of Direct Salaries for General Overhead, plus Direct
Expenses, plus a Fixed Dollar Profit (Fee), plus applicable
sales, use, value added, business transfer, gross receipts, or
other similar taxes.
The Cost Budget represented by Direct Salaries, plus Salary
and General Overheads and Direct Expense charges shall
notexceed Seventeen thousand fi httnare
Dollars ($ 1 :�, ,00 20 ), excluding taxes,
without a formal amendment to this AGREEMENT. A
change of work scope is not prerequisite for said amend-
ment.
The Fixed Dollar Profit of `T'wo housanC Five
Hundred
Dollars (S 2, 90n - on ) may not increased,
except in the case of an amendment to this AGREEMENT
which recognizes an increase in the scope of work.
C. DIRECT SALARIES
Direct Salaries are the amount of wages or salaries paid
ENGINEER's employees for work directly performed on the
PROJECT, exclusive of all payroll - related taxes, payments,
premiums, and benefits.
D. SALARY OVERHEAD
Salary Overhead is a percentage of all firmwide Direct
Salaries paid ENGINEER's employees on all clients projects
necessary to cover all taxes and other costs measured by,
or applicable at the time of performance to, all wages or
salaries of the ENGINEER, such as, but not limited to,
Worker's Compensation Insurance, Social Security, State
(Province) and Federal unemployment insurance, medical -
hospital insurance, salary continuation insurance, pen-
sion plan costs, and allowance for vacation, sick leave,
and holiday pay. Salary overhead is subject to periodic
adjustment to reflect anticipated changing costs.
E. GENERAL OVERHEAD
For purposes of monthly payments, the ENGINEER's Provi- F
sional Overhead rates shall be used. The Fixed Dollar Profit
shall be prorated, based on the percentage of Direct'
Salaries expended, plus Provisional Salary and General
Overheads, plus Direct Expense charges, all compared to
the Cost Budget.
B. BUDGET
The ENGINEER will make reasonable efforts to complete
the work within the Cost Budget and will keep OWNER
informed of progress toward that end so that the Cost
Budget or work effort can be adjusted if found necessary.
The ENGINEER is not obligated to incur costs beyond the
indicated Cost Budget, as may be adjusted, nor is the
OWNER obligated to pay the ENGINEER beyond these
limits.
When any Cost Budget has been increased, the ENGI-
NEER's excess costs expended prior to such increase will be
allowable to the same extent as if such costs had been
incurred after the approved increase.
General Overhead is a percentage of all firmwide Direct
Salaries paid ENGINEER's employees on all clients projects
necessary to cover those indirect general and administra-
tive costs, exclusive of Salary Overhead defined above,
allowable under the cost principles of 48 CFR 31.2 that are
actually incurred by the ENGINEER during the period of
performance of services. General overhead is subject to
periodic adjustment to reflect anticipated changing
costs.
PROVISIONAL OVERHEAD
Provisional Overhead is defined as the most recently
established Salary and General Overhead rates of the
ENGINEER, as allowable under the cost principles of 48 CFR
31.2. When audits of recently estimated and established
overhead rates by EPA or another federal agency have
been made and agreed upon, such audited rates will be
the Provisional rates.
The Provisional Overhead rate will be reviewed and /or
changed at least annually to conform to the definition of
"most recently established overhead rate" given herein -
above, and to reflect the ENGINEER's estimate of actual
Salary and General Overhead costs.
The actual Salary and General Overhead costs for each
year will be determined by an audit by ENGINEER's cog-
nizant federal agency and agreed upon by the ENGI-
NEER. The invoicing for a particular year will be subse-
quently adjusted upward or downward to cause the
provisional coststo equal the actual as determined by the
audit. OWNER will receive any credits and will pay any
balances due that arise as a result of this adjustment.
Page 2 of 2
Cost Plus Fixed Fee
- G. DIRECT EXPENSES
Direct Expenses are those costs incurred on or directly for
the PROJECT, other than the Direct Salaries and the Salary
and General Overhead costs. Direct Expenses will be on
the basis of actual charges when furnished by commer-
cial sources and the basis of current rates when furnished
by ENGINEER. Direct Expenses will include, but not be
limited to, necessary transportation costs, including
mileage at ENGINEER's current rate when its automobiles
are used; meals and lodging; laboratory tests and ana-
lyses; computer services; word processing services; tele-
phone, printing, binding, and reproduction charges; all
costs associated with outside consultants, subconsultants,
and other outside services and facilities; and other similar
costs.
ARTICLE 3. TERMS OF PAYMENT
Payment to the ENGINEER will be made as follows:
A. INVOICES AND TIME OF PAYMENT
Monthly invoices will be issued by ENGINEER for all work
performed under this Agreement. Invoices are due and
payable on receipt.
Upon completion of services enumerated in ARTICLE 1, the
final amount will be due upon receipt of the final invoice,
including all Fixed Dollar Profit not previously paid.
B. INTEREST
Interest at the rate of 1 per month will be charged on cil
past -due amounts starting 15 days after date of invoice,
unless not permitted by law, in which case interest will be
charged at the highest amount permitted by law. Pay -
mentswill first be credited to interest and then to principal.
This Attachment B supersedes all priorwritten or oral understandings of the Compensation and Terms of Payment, and may only
be changed by a written amendment executed by both parties.
IN WITNESS WHEREOF, the parties execute below:
For the OWNER,
dated this 2nd day of
By:
Name
By:
October ,19 87 ,
Title
Name
By:
Name
For the ENGINEER, CH2M HILL Central INC.,
dated this l0 day of , 19 � 77 ,
By:
City of Pueblo
me
Title
Title
i�7 Z 74 te E /P /,1 .
Title
FORM 39813.3
Page 1 of 2
ATTACHMENT C
Attachment C to the AGREEMENT between CH2M HILL CENTRAL,
INC., (the "ENGINEER "), and City of Pueblo, (the "OWNER "),
for a PROJECT generally described as:
A wastewater management system for the Pueblo Airport Indus-
trial Park.
The OWNER and ENGINEER agree that the following provisions,
changes, and modifications are hereby made a part of this
AGREEMENT.
1. ARTICLE 4, Paragraph I(e), delete the phrase "and ENGI-
NEER waives subrogation against OWNER as to said pol-
icies."
2. ARTICLE 5, Paragraph E, change the first sentence to
read:
"Although OWNER has no obligation to observe the work,
the OWNER will give prompt written notice to ENGINEER
whenever..."
3. ARTICLE 5, Paragraph F, delete the last sentence of the
first paragraph beginning "If asbestos is confirmed..."
4. ARTICLE 5, Paragraph F, delete the second paragraph,
beginning: "If hazardous substances...," in its
entirety.
5. ARTICLE 5, Paragraph F, change the third paragraph to
read:
"The OWNER will indemnify and defend ENGINEER and its
officers, employees, agents, and subcontractors, from
all claims, damages, losses and expenses, including,
but not limited to, direct, indirect or consequential
damages and attorney's fees, arising out of or relating
to the presence of asbestos or the presence, discharge,
release, or escape of hazardous substances or contami-
nants on or from the PROJECT; provided, however, that
any discharge, release, or escape of hazardous sub-
stances, or contaminants is not a result, in whole or
part, of ENGINEER's negligence. The indemnity in this
paragraph will be construed and enforced according to
the law of Colorado.
6. ARTICLE 5, delete Paragraph I(a).
7. ARTICLE 5, Paragraph J, change the last sentence to
read:
DE /500G/122
Page 2 of 2
"...there is a finding by a court that ENGINEER's neg-
ligence, in whole or part, caused OWNER's damage."
8. ARTICLE 6, Paragraph D, change to read:
"...damages will not exceed one hundred thousand dol-
lars ($100,000.00) ."
9. ARTICLE 6, Paragraph E, change the first paragraph to
read:
"...nonperformance within 10 days of written notice and
diligently complete the correction thereafter."
10. ARTICLE 6, Paragraph E, change the second paragraph to
read:
"On termination, the ENGINEER will be paid for all
authorized work actually performed up to the..."
11. ARTICLE 6, delete Paragraph J.
12. ARTICLE 6, Paragraph M, change to read:
"The law of the State of Colorado shall govern the
validity..."
13. ATTACHMENT B, Paragraph B, delete the second paragraph,
beginning "The ENGINEER Is not obligated...," in its
entirety.
This Attachment C supercedes all prior written or oral
understandings and may only be changed by a written amend-
ment executed by both parties.
IN WITNESS WHEREOF, the parties execute below:
For the OWNER, City of Pueblo
dated this 2nd day of October , 19 ,
By:
ame
Title
By:
Name Title
By:
Name Title
For the ENGINEER, CH2M HILL CENTRAL, INC.,
dated this day of �.�2aE , 19 J� ,
By:
Naffi Title
DE /500G/122 C c, '