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HomeMy WebLinkAbout6300RESOLUTION NO. 6300 A RESOLUTION APPROVING AN AGREEMENT WITH CH2M HILL FOR THE PREPARATION OF A SUPPLE- MENTAL REPORT TO THE PUEBLO AIRPORT IN- DUSTRIAL PARK WASTEWATER TREATMENT PLANT PRELIMINARY ENGINEERING STUDY DATED MARCH, 1988 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. An Agreement between the City of Pueblo and CH2M Hill, a copy of which is on file in the office of the City Clerk and incorporated herein by reference, whereby CH2M Hill shall provide and perform professional engineering services in the preparation of a Supplemental Report to the Pueblo Airport Industrial Park Wastewater Treatment Plant Preliminary Engineering Study, dated March, 1988, having been approved as to form by the City Attorney, is hereby approved. SFrTTnN 9 Compensation for these services shall not exceed $7,736.00, unless a properly executed change order is approved by the City Manager. SECTION 3. 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. 4Zr7rrrnn1 n Funds for said Agreement shall be paid from Account Numbers 034- 1987 -100- 000 - 040 -8705 and 034- 1987 -100- 000 - 040 -8719. INTRODUCED November 28 ,1988 By DR. GILBERT GARBIS Councilman APPROVED: President of the Council ATTEST: City C erk - 2 - CkWHILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2M HILL OFFICE ADDRESS P.O. Box 2 2508, Denver, Colorado 80222 PROJECTNAME Airport Industrial Park Wastewater Management ystem Study PROJECT NUMBER CLIENT City. of P11eh1a ADDRESS 211 S "T)" StrP PUeb1 n C'ol orarin 81003 Attention: Mr. Tom Cvar, Director of Public Works CLIENT requests and authorizes CH2M HILL to perform the following services: SCOPE: — Saa Nttdrhment A COMPENSATION by the CLIENT to CH2M HILL to be on the basis of Salary costs times a multiplier of 1.88 plus direct expenses plus a fixed fee of $724.00. The total cost shall not exceed $7,736.00 without written agreement. When compensation is on a cost - reimbursable basis, a service charge of 10 percentwill be added to Direct Expenses. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to ENGINEER's compensation when invoicing CLIENT. OTHER TERMS Services covered by this Agreement will be performed in accordance with the PROVISIONS stated on the back of this form and any attachments or schedules. This Agreement supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. Approved for CLIENT By Title rn ft Ile- Date — I � b 3.1 g T Accepted for CH2M HILL Central INC By Title /'F �°",r•,r r.�,ia�+ZF Date ��' wi' Form 124 Rev. 5188 PROVISIONS 1. Authorization to Proceed Execution of this Agreement by the CLIENT will be authori- zation for CH2M HILL to proceed with the work, unless other- wise provided for in this Agreement. 2. Salary Costs CH2M HILL's Salary Costs, when the basis of compensa- tion, are the amount of wages or salaries paid CH2M HILL employees for work directly performed on CLIENT's Project plus a percentage applied to all such wages or salaries to cover all payroll - related taxes, payments, premiums, and benefits. 3. Per Diem Rates CH2M HILL's Per Diem Rates, when the basis of compen- sal ion, are those hourly or Gaily rates charged for work per - fcrmed on CLIENT's Project by CH2M HILL employees of the ncicated classifications. These rates are subject to annual calendar year adjustments; include all allowances for salary , overheads and fee; but do not include allowances for Direct Expenses. 4. Direct Expenses CH2M HILL's Direct Expenses, when part of the basis of compensation, are those costs incurred on or directly for the CLIENT's Project, including, but not limited to, necessary trans- portation costs, including current rates for CH2M HILL vehicles; meals ana lodging; laboratory tests and analyses; computer services; word processing services; telephone, printing, binding and reproduction charges; all costs associated with outside consultants, subconsultants, and other outside services and facilities; and other similar costs. Reimbursement for Direct Exoenses will be on the basis of actual charges when fur- nished by commercial sources and on the basis of current rates when furnished by CH2M HILL. 5. Cost Opinions Any cost opinions or Project economic evaluations pro- vided by CH2M HILL will be on a basis of experience and judgment, but, since it has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 6. Standard of Care The standard of care applicable to CH2M HILL's services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services. CH2M HILL will reperform any services not meeting this standard without additional compensation. 7. Termination This Agreement may be terminated for convenience on 30 days' written notice, or for cause, if either party fails sub- stantially 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, CH2M HILL will be paid for all authorized work performed up to the termination date plus germination expenses, such as, but not limited to, reassign- ment of personnel, subcontract termination costs, and related closeout costs. If no notice of termination is given, relation- ships and obligations created by this Agreement, except Arti- cles 9 through 14, will be terminated upon completion of all applicable requirements of this Agreement. 8. Payment to CH2M HILL Monthly invoices will be issued by CH2M HILL for all work performed under this Agreement. Invoices are due and pay- able on receipt. Interest at the rate of 1'/z% per month, or that permitted by law if lesser, will be charged on all past -due amounts starting 30 days after date of invoice. Payments will first be credited to interest and then to principal. 9. Limitation of Liability To the maximum extent permitted by law, CH2M HILL's liability for CLIENT's damages will not exceed the compensa- tion received by CH2M HILL under this Agreement. 10. Severability and Survival If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Limitations of liability and indemnities shall survive termination of this Agreement for any cause. 11. Asbestos or Hazardous Substances To the maximum extent permitted by law, the CLIENT will indemnify and defend CH2M HILL and its officers, employees, subconsultants, and agents from all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or consequential damages and attorney's fees in excess of the Limitation of Liability in Article 9 arising out of or relating to the presence, discharge, release, or escape of hazardous sub- stances, contaminants, or asbestos on or from the Project. 12. Loan Monitoring Services When CH2M HILL is providing Project review and /or con- struction monitoring services to lenders, the CLIENT (Lender) will, to the maximum extent permitted by law, indemnify and defend CH2M HILL and its officers, employees, subconsultants, and agents, from all third party claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or con- sequential damages and attorneys fees arising out of or relat- ing to CH2M HILL's involvement or presence on or near the Project. CH2M HILL is not responsible for the duties and responsibil- ities that belong to the borrower(s), developer(s), construction contractor(s), designer(s), testing laboratories, full -time inspector(s), or other parties associated with the Project not in the employ of or a subcontractor to CH2M HILL. 13. Interpretation The limitations of liability and indemnities will apply whether CH2M HILL's liability arises under breach of contract or warranty; tort, including negligence (but not sole negli- gence); strict liability, statutory liability; or any other causes of action; and shall apply to CH2M HILL's officers, employees, and subcontractors. The law of the state, or province, of Colorado shall govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. 14. No Third Party Beneficiaries This Agreement gives no rights or benefits to anyone other than the CLIENT and CH2M HILL and has no third party beneficiaries: CH2M HILL services are defined solely by this Agreement, and not by any other contract or agreement that may be associated with the Project. Attachment A SCOPE OF SERVICES FOR AIRPORT INDUSTRIAL PARK WASTEWATER MANAGEMENT SYSTEM STUDY Provide a supplement to the Pueblo Airport Industrial Park Wastewater Treatment Plant Pre- liminary Engineering Study dated-March 1988. This supplement shall be in a format which allows easy incorporation of new information into the existing study for the purpose of supporting a Site Application for the selected facilities. Provide additional analysis on the following items: 1. Analyze the cost effectiveness of continuing to operate the existing AIP wastewater treatment plant (WWTP) to treat low strength wastes generated in the east side of the AIP, and providing a pump station and pipeline system on the west side of the AIP to pump high wastes from new discharges back to the main WWTP. Consider the following items in evaluating this alternative: o Capital costs o Impacts of proposed biomonitoring discharge requirements on a continued dis- charge at the AIP WWTP o Other factors considered in the original study, as appropriate 2. Analyze the cost effectiveness of providing multiple (two to four) lower head pump stations along the force main route in lieu of the single high -head pump station addressed in the original report. Evaluate this alternative in a manner consistent with the original report evaluation. Prepare a draft report for review by CLIENT'S staff. Meet with CLIENT to discuss review comments and determine appropriate responses. Prepare final draft report and present find- ings to City Council. Prepare final report based on review and approval from City Council. Flow and loading criteria to use in these supplemental analyses shall be provided by the CLIENT. 1 ' rv ' '^ V'= DEN /500S /050