HomeMy WebLinkAbout15900RESOLUTION NO. 15900
A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND BROWN AND CALDWELL, INC., IN THE
AMOUNT OF $1,181,366 FOR 18-087, WASTEWATER
DEPARTMENT ENGINEER OF RECORD SECONDARY
CLARIFIER IMPROVEMENTS AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, Project No. 18-087 Wastewater Department Engineer of Record Secondary
Clarifier Improvements was awarded to Brown and Caldwell, Inc., on June 29, 2023; and,
WHEREAS, additional design and engineering work contemplated by Amendment No. 2
is needed; and,
WHEREAS, it is in the best interest of the City to proceed with and complete such design
in the manner herein provided; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Amendment No. 2, by and between the City of Pueblo, a Colorado Municipal
Corporation, and Brown and Caldwell, Inc., a California Corporation, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved, and City
Council authorizes the additional work contemplated by Amendment No. 2 to be performed in the
amount of $1,181,366.
SECTION 2.
Funds in the amount of $1,181,366 will be paid from WW 2304.
SECTION 3.
The Purchasing Agent is hereby authorized to execute Amendment No. 2 on behalf of the
City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City
thereto and attest same.
SECTION 4.
The officers of the City are authorized to perform any and all acts consistent with this
Resolution to implement the policies and procedures described herein.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: February 10, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # Q2
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 10, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andra Ahrens, Director Wastewater
SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND BROWN AND CALDWELL, INC., IN THE
AMOUNT OF $1,181,366 FOR 18-087, WASTEWATER DEPARTMENT
ENGINEER OF RECORD SECONDARY CLARIFIER IMPROVEMENTS
AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution approves Amendment No. 2 to the Professional Consulting Services
Agreement awarded to Brown and Caldwell, Inc. in the amount of $1,181,366 for Project
No. 18-087, Wastewater Department Engineer of Record Secondary Clarifier
Improvements
PREVIOUS COUNCIL ACTION:
On February 12, 2024, the City Council Approved Resolution No. 15497, selecting Brown
and Caldwell, Inc. as the Engineer of Record for the Wastewater Department.
On June 26, 2023, the City Council approved Ordinance No. 10485 to have Brown and
Caldwell design three secondary clarifiers.
BACKGROUND:
The Wastewater Department is requesting design services with respect to constructing
three new clarifiers to comply with the conditions in the dewatering permit for the James
D. DiIorio Water Reclamation Facility wells. The groundwater that is discharged from
the wells has high concentrations of selenium and manganese. The new clarifiers will
be built above the ground water level, so when maintenance is done on the clarifiers the
groundwater does not have to be pumped down by the wells. The design will be used
to apply for funding for this project both through the state revolving fund program and the
federal WIFIA (Water Infrastructure Finance and Innovation Act) program.
Amendment 2 is divided into 2 parts. Part 1 of the amendment to the contract will provide
funds for additional work for the project to complete 75% design, and Part 2 will provide
funds to complete 100% design.
FINANCIAL IMPLICATIONS:
The cost of the agreement with Brown and Caldwell to provide design services for the
project will not exceed $1,181,366. Funds are available in Project No. WW2304
(Secondary Clarifier Replacement Project) from the Sewer Use Fund.
BOARD/COMMISSION RECOMMENDATION:
Not applicable
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
The no-action alternative would cause the James R. DiIorio Water Reclamation Facility
to be out of compliance with the dewatering permit and the State of Colorado to enforce
the facility with fines and other penalties.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. 02-10-25 Secondary Clarifier 18-087 Brown and Caldwell - Amend 2 Secondary
Clarifier
Amendment for #18-087 Amendment 2 Secondary Clarifier
Title: Wastewater Department Engineer of Record - Secondary Clarifier Improvements
AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES
AGREEMENT BY AND BETWEEN CITY OF PUEBLO
AND BROWN AND CALDWELL, INC.
1.INTRODUCTION
This Amendment No. 2 to the Professional Engineering Services Agreement ("Amendment") is executed
to be effective as of the _____ day of ______________, 20____, by and between the City of Pueblo, a
Colorado Municipal Corporation (“Owner”) and Brown and Caldwell, Inc., a California corporation
authorized to do business in Colorado (“Engineer”). Owner and Engineer are sometimes referred to
herein as a “Party” and collectively, as the “Parties.”
2.PROJECT STATEMENT
WITNESSETH THAT:
WHEREAS, Owner and Engineer entered into that certain Professional Engineering Services Agreement
dated June 29, 2023 for Bid 18-087 Wastewater Department Engineer of Record - Secondary
Clarifier Improvements and Amendment No. 1 dated January 3, 2025 (collectively the “Agreement”;
WHEREAS, City and Consultant desire to amend the Agreement pursuant to the provisions set forth
herein ;
NOW, THEREFORE, in consideration of the foregoing premises, the mutual promises set forth herein and
other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City
and Consultant hereby agree to the following conditions.
3.AGREEMENT
A.The Agreement is amended to increase the amount necessary for Phase B, Parts 1 and 2 of the
Secondary Clarifier Design. The additional amount shall support activities required to secure the
City’s funding required for the Project from the Colorado Department of Public Health and
Environment (CDPHE) State Revolving Fund (SRF) and Environmental Protection Agency (EPA)
Water Infrastructure Finance and Innovation Act (WIFIA) programs.
B.Phase B of the Scope of Service shall be divided into 2 parts:
1.Part 1 will be utilized to complete the Secondary Clarifier to 75% Design with additional
funds in the amount of $745,070.00 as shown in Attachment A (Fee Schedule).
2.Part 2 will be utilized to complete the Secondary Clarifier to 100% Design with additional
funds in the amount of $436,296.00 as shown in Attachment A (Fee Schedule).
3.The Time and Materials rates for any additional work shall be increased to the rates as
shown in Attachment A (Fee Schedule, page 2 Hourly Rates).
Page 1 of 10
Amendment for #18-087 Amendment 2 Secondary Clarifier
Title: Wastewater Department Engineer of Record - Secondary Clarifier Improvements
4.With respect to services provided under Amendment No. 2, the Fee Schedule attached as
Attachment A to this Amendment No. 2 shall apply to compensation payable to
Engineer. The aggregate compensation payable to the Engineer for performance of the
additional services for the CDPHE SRF and EPA WIFIA authorized by this Amendment No. 2
shall not exceed the maximum amount of $1,181,366.00 as set forth in the Attachment A
and notwithstanding whether the service is billed as Time and Material.
a.The compensation payable to the Engineer by this Amendment No. 2 shall be billed at
the amounts set forth in the Attachment A.
b.Owner must respond in writing with written approval prior to Engineer beginning work
for each Part.
C.It is expressly acknowledged that the Scope of Services included in Amendment No. 1 is not
revised. Engineer shall complete the work items as generally described in Amendment No. 1 in
accordance with the terms of the Agreement.
D.Engineer shall commence and complete each major work item as directed by the Director of
Wastewater and agreed upon by Engineer; provided, however, Engineer will not be responsible
for delays beyond Engineer’s control.
E.This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns.
F.Except as expressly modified by this Amendment No. 2, the Agreement shall remain in full force
and effect. Except as modified by this Amendment No. 2, any obligations to be performed
under the Agreement by either party are not waived nor excused in any manner but shall be
performed in accordance with the terms and conditions of the Agreement as it existed prior to
this Amendment No. 2.
G.This Amendment may be executed in one or more counterparts, each of which shall be deemed
an original and all of which shall constitute one and the same document with the same effect as
if all Parties had signed the same original. The Parties further agree that transmission of this
Amendment by any electronic format, telecopy or via email in a PDF format, shall be deemed
transmission of the original Amendment for all purposes. Electronic signatures shall be deemed
valid and binding to the same extent as the original
(Continue to next page for signature section.)
Page 2 of 10
Amendment for #18-087 Amendment 2 Secondary Clarifier
Title: Wastewater Department Engineer of Record - Secondary Clarifier Improvements
4.SIGNATURE SECTION
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
CITY OF PUEBLO, A MUNICIPAL CORPORATION BROWN AND CALDWELL, INC.
By________________________________________ By______________________________________
Naomi Hedden, Director of Purchasing Michael J. Thorstenson, Vice President
Attest_____________________________________
Marisa Stoller, City Clerk \[SEAL\]
BALANCE OF APPROPRIATION EXISTS FOR THIS
AGREEMENT AND FUNDS ARE AVAILABLE.
Danny Nunn, Finance Director
APPROVED AS TO FORM
DEPARTMENT OF LAW
___________________________________________
Robert Jagger, Deputy City Attorney
Attachments: Attachment A
Page 3 of 10
Amendment for #18-087 Amendment 2 Secondary Clarifier
Title: Wastewater Department Engineer of Record - Secondary Clarifier Improvements
Attachment A
Fee Schedule
Excerpt from Consultant Proposal dated January 2025, Pages 2 and 36
The purpose of Amendment No. 2, Part 1, to the Secondary Clarifier Improvements Project (Project) is to
request additional funds to complete the Secondary Clarifier 75% Design and support activities required
to secure the funding required for the Project from the Colorado Department of Public Health and
Environment (CDPHE) State Revolving Fund (SRF) and Environmental Protection Agency Water
Infrastructure Finance and Innovation Act (WIFIA) programs.
The purpose of Amendment No. 2, Part 2, is to request funds to complete the Secondary Clarifier 100%
Design.
No additional modifications to the scope have been made in Amendment No. 2.
Amendment No. 2 includes a request for $1,181,366.00 in additional funds and extends the Project
schedule until May 30, 2025.
Description Details Amount
AmendmentNo. 2, Part 1 75% Design, Phase B $745,070.00
AmendmentNo. 2, Part 2 100% Design, Phase B $436,296.00
GRAND TOTAL AMENDMENT NO. 2$1,181,366.00
Engineer requests that the billing rates be adjusted to the current Engineer of Record MSA billing rates
as shown on Rates, Hours, Changes to Project Total Amount.
(Continue to following page for Rates, Hours, and Project Total Amount Revisions.)
Page 4 of 10
Amendment for #18-087 Amendment 2 Secondary Clarifier
Title: Wastewater Department Engineer of Record - Secondary Clarifier Improvements
Additional Information for Agreement
Certificate of Good Standing
PERA Questionnaire
Insurance Certificate(s)
Page 6 of 10
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OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, as the Secretary of State of the Stateof Colorado, hereby certify that,
according to the records of this office,
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is an entity formed or registered under the law of , has complied with all
applicable requirements of this office, and is in good standing with this office. This entity has
2:982178613
been assigned entity identification number .
This certificate reflects facts established or disclosed by documents delivered to this office on
2302203135
paper through that have been posted, and by documents delivered to this office
21;68;67
2302403135
electronically through @.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
230240313521;68;67
official certificate at Denver, Colorado on @ in accordance with applicable law.
27915588
This certificate is assigned ConfirmationNumber .
*********************************************End of Certificate********************************************
fully and immediately valid and effective.
However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a
Certificate page of http://www./biz/CertificateSearchCriteria.do
displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is
merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our ebsite,
http://www.click
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2), C.R.S., salary or other compensation from the employment, engagement,
retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees
Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or
an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant,
independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of
Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be
completed, signed and returned to the City of Pueblo:
(a)Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA
y
Retiree who will perform any services for the City of Pueblo? Yes___, No___. (If you answered “no” please
proceed to signature section at bottom of this page.)
(b)If you answered “yes” to (a) above, please answer the following question: Are you an individual, sole
proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party?
For purposes of responding to this question, an “affiliated party” includes (1) any person who is the named
beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the
PERA Retiree by blood or adoption to and including parents, siblings, half-siblings, children, and grandchildren; (3)
any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse’s parents,
stepparents, stepchildren, stepsiblings, and spouse’s siblings; and (4) any person or entity with whom the PERA
Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by
the PERA Retiree other than the PERA Retiree’s regular salary or compensation. Yes ____, No____.
If you answered “yes” please state which of the above entities best describes your business:
__________________________________________________________________________________________.
(c)If you answered “yes” to both (a) and (b), you agree to reimburse the City of Pueblo for any employer
contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a
PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing
services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions
from any moneys due or payable to you by the City of Pueblo under any current or future contract or other
arrangement for services between you and the City of Pueblo.
Please provide the name, address, date of birth, and social security number of each such PERA Retiree. If more
than two, please attach a supplemental list.
Name Address DOB Social Security Number
Name Address DOB Social Security Number
Failure to accurately complete, sign and return this document to the City of Pueblo may result in you being
denied the privilege of doing business with the City of Pueblo.
Company Name: ___________________________________________________________________________
Authorized Signature: _________________________________ Title: __________________________________
Printed Name: _______________________________________ Date: _________________________________
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