HomeMy WebLinkAbout15945RESOLUTION NO. 15945
A RESOLUTION APPROVING AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE AN AGREEMENT IN AN
AMOUNT NOT TO EXCEED $189,200 BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND
BROWN AND CALDWELL, INC., A CALIFORNIA
CORPORATION, FOR THE PURPOSE OF MEETING CURRENT
2026 DISCHARGER SPECIFIC VARIANCE MILESTONES
INCLUDING THE DEVELOPMENT OF A REPORT WITH
RESPECT TO THE FEASIBILITY OF TREATMENT OF
SELENIUM AND SULFATE
WHEREAS, the City of Pueblo a Colorado Municipal Corporation was approved a
Discharger Specific Variance in 2018 with yearly milestones; and.
WHEREAS, the City of Pueblo a Colorado Municipal Corporation is required to submit a
report on the feasibility of any pilot treatment or improvement opportunities; and
WHEREAS, Brown and Caldwell, Inc. is the Engineer of Record for the Wastewater
Department, and has proposed and been determined the most qualified to provide the
professional services; NOW, THEREFORE;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The agreement 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
work to be performed in the amount of $189,200.
SECTION 2.
Funds in the amount of $189,200 will be paid from appropriated funds budgeted in the
ssional Services.
SECTION 3.
The Purchasing Agent is hereby authorized to execute the agreement 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: April 14, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: April 14, 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 AND AUTHORIZING THE PURCHASING
AGENT TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO
EXCEED $189,200 BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND BROWN AND CALDWELL, INC., A
CALIFORNIA CORPORATION, FOR THE PURPOSE OF MEETING
CURRENT 2026 DISCHARGER SPECIFIC VARIANCE MILESTONES
INCLUDING THE DEVELOPMENT OF A REPORT WITH RESPECT TO
THE FEASIBILITY OF TREATMENT OF SELENIUM AND SULFATE
SUMMARY:
This Resolution accepts an agreement between the City of Pueblo, a Colorado Municipal
Corporation, and the Wastewater Engineer of Record, Brown and Caldwell, Inc. for
professional services associated with the Discharger Specific Variance 2026 milestone
of the development of a report on the feasibility of treatment of selenium and sulfate.
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.
BACKGROUND:
The Water Quality Control Commission approved a Discharger Specific Variance (DSV)
for selenium and sulfate in 2018 for the city. The DSV has milestones that the city must
meet to stay in compliance with DSV. The milestone for 2026 is a report on any additional
feasible treatment pilots or treatment improvement opportunities that can be identified
that will lead to further selenium and sulfate reductions.
FINANCIAL IMPLICATIONS:
The cost of the agreement with Brown and Caldwell, Inc. to provide professional services
for the project will not exceed $189,220. Funds for this project are available from the
Sewer User Fund and have been appropriated in the Sewer User Fund, Professional
Services.
BOARD/COMMISSION RECOMMENDATION:
Not applicable
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
The no-action alternative would cause the City to be out of compliance with the terms of
the DSV.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 04-14-25 DSV Milestone 2026 23-130 Brown Caldwell Agmt Reg 35
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEENCITY OF PUEBLO AND
BROWN AND CALDWELL, INC.
23-130
WASTEWATER DEPARTMENT ENGINEER OF RECORD- REG 35
DSV MILESTONE 2026
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Agreement #23-130
Title: Wastewater Department Engineer of Record - Reg 35 DSV Milestone 2026
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN CITY OF PUEBLO AND
BROWN AND CALDWELL, INC.
1. INTRODUCTION
THIS AGREEMENT (“Agreement”) made and entered this day of , 20 ,
by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as “City”) and
Brown and Caldwell, Inc., a registered California Corporation (hereinafter referred to as "Consultant"),
for Consultant to render certain professional consulting and related services for City in connection with
Bid 23-130 Wastewater Department Engineer of Record - Reg 35 DSV Milestone 2026 Project,
hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth,
the parties agree as follows:
A. Consultant shall satisfactorily perform professional project management, reporting,
development of alternatives, and feasibility analysis, project consulting, and related services for
the Project described in more detail in Schedule 1 (Phases 100 - 400) attached hereto and
incorporated herein by reference (the "Services"). Such Services shall include all usual and
customary professional services incidental to the work on the Project. In the event this
Agreement follows the selection of Consultant by City 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.
2. CONSULTANT 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. Consultant and subconsultant work and work product shall include project
management, reporting, development of alternatives, and feasibility analysis, project consulting,
and related services, irrespective of City's approval of or acquiescence in same. Consultant shall
be responsible, in accordance with applicable law, to City for all loss or damage to City to the
extent caused by Consultant's negligent act or omission. 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.
B. Consultant acknowledges that performance of each phase shall be assigned a work schedule
agreeable to City and Consultant. Except to the extent the parties agree to time extensions for
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delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform
its work in a timely manner so as not to delay City's timetable for achievement of interim tasks
and final completion of Project work. Consultant further acknowledges that its schedule has
accounted for all reasonably anticipated delays, including those inherent in the availability of
tools, supplies, labor, and utilities required for the work, the availability of information which
must be obtained from any third parties, and all conditions to access to public and private
facilities.
C. Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Services described in Schedule 1 or otherwise contemplated by the terms of this
Agreement, Consultant shall advise City in writing that (1) Consultant considers the work beyond
the scope of this Agreement, (2) the reasons that Consultant believes the out of scope or
additional work should be performed, and (3) 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 City. 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.
D. Consultant acknowledges that, due to the nature of the services for this Project, related
professional services, and the impact of same on the Project, the City 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 Consultant has
selected and intends to employ or assign the key personnel and subconsultants identified and
noted in Schedule 2 for the Project assignments and areas of responsibility stated therein.
Within 10 days of execution of this Agreement, City shall have the right to object in writing to
employment on the Project of any such key person, subconsultant, or assignment of principal
responsibility, in which case Consultant will employ alternate personnel for such function or
reassign such responsibility to another to whom City has no reasonable objection. Thereafter,
Consultant shall not assign or reassign Project work to any person to whom City has reasonable
objection.
3. CITY'S RESPONSIBILITIES
A. City agrees to advise Consultant regarding City's Project requirements and to provide all
relevant information, data and previous reports accessible to City which Consultant may
reasonably require. Consultant shall rely on information provided without verification unless
otherwise agreed in Schedule 1. City shall notify Consultant of any known or potential health or
safety hazards existing at or near the project site.
B. City shall designate a Project Representative to whom all communications from Consultant shall
be directed and who shall have limited administrative authority on behalf of City to receive and
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transmit information and make decisions with respect to the Project. Said representative shall
not, however, have authority to bind City 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 agreement price.
C. City shall examine all documents presented by Consultant and render decisions pertaining
thereto within a reasonable time. The City's approval of any data, diagrams, documents, lists,
presentations, reports, schedules, studies, summaries, tables, technical memoranda, schedules,
or work product furnished hereunder shall not in any way relieve Consultant of responsibility for
the professional adequacy of its work.
D. City shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of City 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 City to responsibly render a
decision has been furnished. A period of 46 days shall be presumed reasonable for City 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 City but must be procured from others.
4. TIME FOR PERFORMANCE
Consultant's obligation to render services shall continue for such period of time as may reasonably be
required for completion of the work contemplated in Schedule 1 – “Services” of this Agreement. The
proposed work schedule may be adjusted by mutual agreement of all parties.
5. PAYMENT
A. City 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 as shown in A1 below, an amount not to exceed $189,220.00 in the
aggregate as set forth in the grand total shown in Schedule 2 "Fee Schedule".
1. The maximum amount of each phase shall not exceed the amount specified in Schedule 2
for such phase unless agreed upon by Consultant and City with a written Change Order or
written Amendment.
2. A written Change Order may be considered for an increase amount of the applicable phase
for up to 10% of the grand total cost of the project.
3. A written Amendment approved by City Council, Consultant, and Department Director shall
be utilized for any agreed upon change to each phase exceeding 10% of the grand total.
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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 reimbursable expenses incurred.
1. Such applications shall be submitted based upon the hourly rates and expense
reimbursement provisions for each phase as set forth in Schedule 2 and shall contain
appropriate documentation that such services have been performed and expenses
incurred.
2. Such applications for payment of each phase shall not exceed 90% of said phase until final
work of the phase has been completed. The final application for payment for each phase
shall be the remaining 10% of the phase and shall be paid upon satisfactory completion of
the phase as approved by City.
3. The applications for payment shall be submitted monthly with consideration of City for
review of satisfactory completion and payment within 45 days of the date of such
application is received provided that sufficient documentation has been furnished.
4. The final application for payment for the final 10% of the final phase, shall be held by City
until all previous phases and current final phase have been completed to City's reasonable
satisfaction and all required Consultant submittals have been provided.
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 - "Fee Schedule."
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 Services beyond the scope of this Agreement shall be governed by
Section 2.
6. TERMINATION
A. City 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 subcontractors shall cease all work, stop incurring expenses, and
shall promptly deliver to City all data, diagrams, documents, lists, presentations, reports,
schedules, studies, summaries, tables, technical memoranda, schedules, or work product as
Consultant may have accumulated in performing this Agreement, together with all finished work
and work in progress. Consultant shall at all times act in good faith with respect to the orderly
transfer of work to the City or any entity designated by City.
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
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reasonable costs incurred to the 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 City. Consultant shall provide a detailed
final invoice to the City within fourteen (14) calendar days from the effective date of
termination, itemizing the work completed, costs incurred, and any outstanding payments due.
In no event shall payment to Consultant upon termination exceed the maximum compensation
provided for complete performance in Section 5, and the Consultant expressly waives any right
to claim damages, including but not limited to lost profits, anticipated revenue, or indirect or
consequential damages arising out of or relating to the termination for convenience.
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 services, or to pay its employees and Consultants, or to perform services
with that level of care and skill ordinarily exercised by consultants performing similar services at
the time services are performed in a manner deemed satisfactory by City's Project
Representative, then in that event, Consultant's entire right to compensation shall be limited
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 responsibility for its completed work and services shall survive any termination.
7. GENERAL PROVISIONS
7.1. Ownership of Documents
All designs, drawings, specifications, technical data, and all other documents or instruments procured or
produced by the Consultant in the performance of this Agreement shall be the sole property of the City
upon payment to Consultant for work performed and the City is vested with all rights therein of
whatever kind and however created, whether created by common law, statutory law, or by equity. The
Consultant agrees that the City shall have access at all reasonable times to inspect and make copies of
all notes, designs, drawings, specifications, technical data, reports, and all other documents pertaining
to the work to be performed under this Agreement. In the event City uses the information provided
hereunder for another project independent from Project, without adaptation by Consultant, City shall
hold harmless Consultant from all loss, claims, injury, and judgments arising from the use of such
information for such other project.
7.2. Advertising
Unless specifically approved in advance in writing by City, Consultant shall not include representations
of the Project in any advertising or promotional materials, except for accurate statements contained in
resumes or curriculum vitae of Consultant’s employees. Consultant may make an accurate statement
that it worked for City on the Project, but if Consultant wishes to include representations in advertising
or promotional materials, it shall submit a draft of same and printer’s proof of the proposed advertising
or promotional materials to the City for prior review and shall not publish or distribute same unless
written approval of the materials is first obtained.
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7.3. Equal Employment Opportunity
In connection with the performance of this Agreement, Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, sexual orientation, 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, sexual
orientation, national origin, disability, or age.
7.4. 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 the City or the Consultant 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 City of Pueblo, City of Pueblo, Department of Wastewater, Attn: Andra Ahrens, Director, 1300 S.
Queens Avenue, Pueblo, Colorado, 81001; or to the Consultant, Brown and Caldwell, Inc., Attn: Michael
Thorstenson, Principal-In-Charge, 1527 Cole Blvd., Suite 300, Lakewood, Colorado, 80401. Either party
may change their 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.
7.5. Entire Agreement
This instrument contains the entire agreement between the City and the Consultant respecting the
Project, and any other written or oral agreement or representation respecting the Project or the duties
of either the City or the Consultant in relation thereto not expressly set forth in this instrument are null
and void. Notwithstanding the foregoing, the terms of Bid 23-130 Wastewater Department Engineer of
Record and 23-130 Master Contract, are hereby incorporated herein, and Consultant agrees to abide by
and comply with the same. In the event of any conflict between any provision of this Agreement and a
provision of any Schedule or attachment to this Agreement, the provision in any schedule or attachment
shall control and supersede the conflicting provision in Agreement.
7.6. Subcontracts
A. City acknowledges that Consultant is the prime contractor and the only party with whom City
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 City, and City shall be a third-party beneficiary of
those subcontract provisions.
B. Consultant shall indemnify and defend City from all claims and demands for payment for
services provided by subcontractors of Consultant to the extent City has paid Consultant for
services performed by Consultant’s subconsultants and subcontractors.
C. Consultant acknowledges that, due to the nature of the services to be provided under this
Agreement, the City has a substantial interest in the personnel and consultants to whom
Consultant assigns principal responsibility for services performed under this Agreement.
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Consequently, Consultant represents that it has selected and intends to employ or assign the
key personnel and consultants identified in its proposal submitted to City prior to execution of
this Agreement to induce City to enter this Agreement. Consultant shall not change such
consultants or key personnel except after giving notice of a proposed change to City and
receiving City's consent thereto. Consultant shall not assign or reassign Project work to any
person to whom City has reasonable objection.
7.7. Successors and Assigns
This Agreement shall be binding on the parties hereto and on their partners, heirs, executors,
administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part
thereof, nor any moneys due or to become due hereunder to the Consultant may be assigned by it
without the written consent of the City. It is expressly understood and agreed that enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the parties hereto, and nothing contained in this Agreement shall give or allow any
such claim or right of action by any other or third person or entity on such Agreement. It is the express
intention of the parties hereto that any person or entity, other than the parties to this Agreement,
receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
7.8. Amendments
No amendment to this Agreement shall be made nor be enforceable unless made by written
Amendment signed by an authorized representatives of both Consultant and City.
7.9. Choice of Law, Jurisdiction, and Venue
Colorado law, the Pueblo City Charter, the Pueblo Municipal Code, and rules and regulations issued
pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference that conflicts with said laws, rules, and
regulations shall be null and void. All suits or actions related to this Agreement shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in the County of Pueblo. In the
event of litigation the court shall award the prevailing party its court costs and reasonable attorney fees.
7.10. Severability
If any provision of this Agreement, 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.
7.11. Appropriations
The City is prohibited by law from making commitments beyond the term of the current City Fiscal Year.
Payment to Consultant beyond the current City Fiscal Year is contingent on the appropriation and
continuing availability of agreement funds in any subsequent year. The City’s obligation to pay
Consultant shall be contingent upon funding continuing to be made available for payment. Payments to
be made pursuant to this Agreement shall be made only from Agreement Funds, and the City’s liability
for such payments shall be limited to the amount remaining of such Agreement Funds. If City funds are
not appropriated, or otherwise become unavailable to fund this Agreement, the City may, upon written
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notice, terminate this Agreement, in whole or in part, without incurring further liability. The City shall,
however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the
effective date of notice of termination. Consultant shall confirm availability of Agreement Funds before
proceeding and/or making obligations for work exceeding the initial and subsequent annual
appropriations.
7.12. Force Majeure
Neither party shall be responsible for delays caused by circumstances beyond its reasonable control
including but not limited to governmental action, statute, ordinance, rule or regulation, strike or other
labor troubles, fire, acts of God, or other incidents outside of either party’s control that makes
performance or acceptance impossible or impractical. The Consultant shall not be liable for any failure
of or delay in the performance of this Agreement for the period that such failure or delay is due to
causes beyond its reasonable control created from any force majeure event.
8. DISPUTES
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which the designated Agreement representatives cannot resolve shall be referred in writing
to the Mayor's Office for the City for a final determination of the issue. The Parties agree that
participation in this administrative procedure shall be a condition precedent to the initiation of litigation
or mediation, as mutually agreed, except in the case of an emergency or other conditions that entitle
either Party to seek injunctive or emergency relief from a court of competent jurisdiction, in which no
participation in the preceding alternative dispute resolution process shall be required.
9. INSURANCE
9.1. Conditions
A. Consultant agrees that it has procured and will maintain during the term of this Contract, such
insurance as will protect it and City 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. Consultant agrees to hold harmless, defend and indemnify City from and against any liability to
third parties, to the extent caused by the negligent acts, errors or omissions of Consultant, its
employees, subcontractors, and consultants.
9.2. Minimum Requirements
A. Commercial General Liability Insurance. The Consultant shall secure and maintain during the
period of this 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 it and all its subcontractors under the Contract, to be written
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on a commercial general liability policy form. This insurance shall be written in amounts not less
than a combined single limit of $1,000,000 for each occurrence and aggregate for bodily injury
including death and 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 without exclusion for explosion and collapse hazards,
underground property damage hazard, and blanket contractual coverage. The policy shall also
provide “Completed Operations and Projects Liability” coverage.
B. Commercial Automobile Liability Insurance. The Consultant shall procure and maintain during
the period of the Contract and for such additional time as work on the project is being
performed, Commercial Automobile Liability Insurance. This insurance shall be written with
limits of liability of $1,000,000 each accident for bodily injury and property damage. 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. 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 City.
D. Professional Liability Insurance with coverage of not less than $1,000,000 each claim and
aggregate in a form and with a self-insured retention acceptable to City.
E. Consultant shall furnish to City a certificate or certificates of insurance showing compliance with
this Section. Consultant shall obtain a special endorsement from its insurance carrier that
provides that the insurance shall not be changed or cancelled until ten (10) days after written
notice has been given to City and provide a copy of such endorsement to City. Consultant shall
immediately notify City of any substantial change in, or cancellation, or non-renewal of any such
insurance.
10. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the City, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et
seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b). No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
11. ACCESSIBILITY
The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and
construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility
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and usability requirements of the ADA except where an entity can demonstrate that it is structurally
impractical to meet such requirements. The Consultant therefore, will use its best reasonable
professional efforts to implement applicable ADA requirements and other federal, state, and local laws,
rules codes, ordinances and regulations as they apply to the Project. Notwithstanding, unless otherwise
specified in the Scope of Services, City shall have sole responsibility as between City and Consultant with
compliance with the ADA and related regulations.
12. 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 I-9 verifying their
identities and authorization for employment.
13. PERA LIABILITY
The 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 shall fill out the Colorado PERA Questionnaire and submit the completed form to City as
part of the signed Agreement.
14. SCHEDULES
The following Schedules are attached to and made a part of this Agreement:
Schedule 1 - "Scope of Services" consisting of 10 pages.
Schedule 2 - "Fee Schedule" consisting of 1 page.
15. SIGNATURE
A. 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: (1) an original, and all of which taken together shall constitute one and the
same agreement, (2) a valid and binding agreement and fully admissible under state and federal
law, and (3) enforceable in accordance with its terms.
B. This Agreement, together with all Project Documents incorporated by reference , constitutes
the entire Agreement between City and Consultant with respect to their subject matter, and
may not be amended a modified except by written document signed by both parties.
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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.
By________________________________________ By______________________________________
Naomi Hedden, Director of Purchasing Michael J. Thorstenson, Principal-In-Charge
Attest_____________________________________
Marisa Stoller, City Clerk \[SEAL\]
BALANCE OF APPROPRIATION EXISTS FOR THIS
AGREEMENT AND FUNDS ARE AVAILABLE.
Danny Nunn, Director of Finance
APPROVED AS TO FORM
DEPARTMENT OF LAW
___________________________________________
Robert Jagger, Deputy City Attorney
Attachments: Schedules 1 – 2 and Additional Information for Agreement
Page 12 of 37
Schedule 1
Scope of Service
Excerpt from Consultant’s Proposal dated February 2025, Pages 2 – 10
Note: Phases 500 – 700 are not included in the Scope of Service for this agreement; they have been included only for future reference.
Project Overview
As part of the Discharge Specific Variance (DSV) for James R. Dilorio Water Reclamation Facility’s (WRF)
from the Colorado Water Quality Control Division (Division) Regulations 32 which requires discharge
compliance with 14.1 µg/L and 329 mg/L for selenium (Se) and sulfate (SO), respectively, the City of
4
Pueblo (Pueblo) has requested Brown and Caldwell (BC) to prepare a scope of work (SOW) to assist with
meeting the 2026 DSV Regulation 32, Pueblo Exhibit 24 milestone described below:
1.Complete any pilot/optimization efforts identified in 2021.
2.Summarize reduction techniques and qualify results in terms of selenium and sulfate reduction.
3.Report whether any additional feasible operational, pilot, or improvement opportunities are
identified that may lead to further selenium and sulfate reduction.
4.If so, submit revised implementation schedule for additional operational, pilot, or improvement
opportunities identified.
This is one of a series of dated milestones established on May 16, 2018, related to both collection and
conveyance improvements and treatment enhancements to the WRF. These milestones related to
selenium and sulfate treatment removal are in part tied to the March 13, 2018, Alternatives Analysis
Technical Memorandum (TM), Table 10 DSV Alternatives for Selenium and Sulfate Evaluated in order of
Best to Worst Resulting Water Quality, referenced in the Pueblo Exhibit 24 Milestones.
There are three parts of this scope of work.
1.Summarizing work completed to date to both identify, evaluate and update selenium and sulfate
treatment reduction alternatives related to Table 10 Alternatives. As part of this a review and
summary of pilot/optimization efforts identified will be documented and delineated as part of
the two pilot testing alternatives described in Part 2.
2.Advance the engineering on two pilot testing alternatives identified from a BC screening exercise
and presented on May 2, 2024, that will address both selenium and sulfate in addition to
Division Regulations 31 and 85 which has the potential to require nutrient limits of less than 1
mg/L for total phosphorus (TP) and total inorganic nitrogen (TIN). This will include a schedule for
implementation and feasibility study of these in Part 3.
3.Complete an updated feasibility analysis considering technology and economic feasibility with
other impact and effects on the selenium and sulfate treatment alternatives.
Pueblo has established the following objectives for the pilot study:
Select pilot test configuration(s)
Meet the requirements of the DSV while considering future water quality standards for nutrients,
selenium, ammonia, sulfate, and temperature
Consider the feasibility of these full scale per the Policy 12-1 criteria.
Develop pilot test plan and complete by summer of 2026 contingent upon feasibility analyses in
Part 3.
Test plan should consider:
–Scale or Size
–Seasonal water quality and quantities
–Side stream versus mainstream treatment
–Synergistic treatment
–Level of effort required for operation by Pueblo
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Two tertiary treatment alternatives were selected from screening six different alternatives that could
meet the DSV nitrogen, phosphorus, selenium and sulfate water quality limitations. The six were selected
considering they were elements of the Table 10 Alternatives considered since 2018. The two-treatment
alternatives selected consisted of the following:
1.Biological reduction of selenium and nitrogen followed by iron precipitation and coprecipitation
of selenium and phosphorus, filtration of particulate selenium and phosphorus and side stream
ion exchange removal of sulfate. Figure 1 provides a flow diagram for this alternative.
Figure 1. Alternative 1- Biological Nitrogen, Selenium, and Physical Chemical Phosphorus, Selenium, and
Sulfate Treatment
2.Iron precipitation and coprecipitation of selenium and phosphorus followed by filtration of
particulate selenium and phosphorus with mainstream ion exchange for nitrogen removal and
side stream ion exchange removal of sulfate and selenium. Figure 2 provides a flow diagram for
this alternative.
Figure 2. Alternative 2-Physical Chemical Nitrogen, Phosphorus, Selenium and Sulfate Treatment
Pilot testing of both alternatives at small scale, which is less than 2 gallons per minute (gpm), or at 10 to
50 gpm were discussed, both of which would include a combination of batch and continuous testing
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components to support the mainstream continuous testing. Comparing both alternatives’ advantages
and disadvantages, it was determined that Pueblo needed more information on vendor supplied and
built for purpose pilot scale and bench scale equipment and consumables, hence Pueblo requested BC
to better define the certainty as part of the SOW.
This Scope of Services describes the professional services to be provided by BC for Pueblo’s WRF DSV
Pilot Testing. Services include the following phases:
Phase 100 - Project Management
Phase 200 – Alternatives Summary
Phase 300 – Pilot Alternatives Development
Phase 400 – Feasibility Analysis
The following scope items could be considered after completion of this SOW contingent upon feasibility
analyses.
Phase 500 – Plan
Phase 600 – Implementation
Phase 700 – Results Report
Project Objectives
The SOW will have the following objectives related to selenium and sulfate treatment reduction
technologies:
Update the status of the alternatives
Apprise the status of technology confirmation efforts
Improve the certainty of the recent pilot scale test technologies and costs
Update the feasibility of the alternatives
Scope of Services
Phase 100 – Project Management
Objective
Provide project management and coordination of work associated with this project, including schedules,
budgets, technical quality reviews, meetings, deliverables, and invoices.
Activities:This phase includes the following activities:
Communication and coordination with Pueblo as necessary.
Conduct monthly, 30-minute, conference calls to discuss task status, issues, and
upcoming work with Pueblo for the duration of this work task through completion.
Prepare monthly invoices.
Monitor task activities, schedule, and budget expenditures.
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Develop and maintain Project Management Plan, QA/QC Plan, Health and Safety
Plan, and Project Schedule.
Deliverables:
Project invoices.
Meeting agendas and meeting minutes, as needed.
Phase 200 – Alternatives Summary
Objective
The objective for this phase is to summarize work to date completed for the Table 10 Alternatives
including previous and current pilot/optimization efforts.
Task 210: Catalog/Update Key Documents
Activities:This task includes the following activities:
Historical project file review of documents associated with Reg 35 DSV
Cataloging the files for tracking and use.
Summarizing work to identify, evaluate and update selenium and sulfate treatment
reduction alternatives.
Highlighting testing, piloting and other technology confirmation work status, results
and conclusions.
Documenting the technology confirmation work in relation to Table 10 Alternatives.
Develop a preliminary analytical schedule for onsite and offsite testing for each
option.
Deliverables:
Development of a TM Summarizing the selenium and sulfate treatment alternatives
state of development and implementation.
A virtual meeting to present the cataloging and summary findings.
Meeting agenda and meeting minutes
Assumptions:
Assistance with document discovery and confirmation.
A virtual kick-off call will be held with stakeholders to discuss the execution of this
Phase.
Draft TM provided to Pueblo for review and comments.
Final TM incorporates comments.
Phase 300 – Pilot Alternatives Development
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Objective
The objective for this phase is to better define the pilot testing alternatives costs at two scales to be able
to select the approach for testing and to develop a pilot test plan (i.e., complete Phase 500), if required.
Task 310: Develop Treatment Alternatives
Activities:This task includes the following activities:
Develop process flow diagram, high level mass balance, high level layout and major
equipment list for each option and scale.
Develop a preliminary analytical schedule for onsite and offsite testing for each
option.
Develop a list of inline and laboratory instrumentation needed for each option
Develop a tie in list for each option
Deliverables:
BC will provide an information request via email to Pueblo for site specific, water
quality, and operational data for the WRF.
Preliminary package for each of the two options at both scales including:
Preliminary Process Flow Diagrams
Preliminary Mass Balances
Preliminary Layouts
Major Equipment Lists
Preliminary Tie-In Lists
Necessary Laboratory and Monitoring Equipment
A virtual meeting to present a summary of each package,
Meeting agenda and meeting minutes
Assumptions:
The layout, tie-in list, and electrical information from these packages will be used by
Pueblo to eliminate any options that are not feasible due to site constraints.
The 310 deliverables will be presented concurrently with the 320 deliverables and
presented under Task 340.
A virtual kick-off call will be held with stakeholders to establish criteria for pilot
option selection.
Task 320: Vendor Contacts
BC will contact membrane filtration and ion exchange vendors to better define vendor requirements for
both bench and pilot scale filtration and ion exchange testing.
Activities:This task includes the following activities:
Prepare an information packet for membrane and ion exchange vendors to provide
background and context necessary for the vendor to make recommendations for
options for small- and large-scale pilot testing.
Contact up to three membrane vendors to provide recommendations and costing for
each option.
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Contact up to three ion exchange vendors to provide recommendations and costing
for each option.
Deliverables:
It is assumed this work will be performed concurrently with Task 310 and the
information collected will be included in the design package presented in Task 340.
Assumptions:
Multiple vendors are contacted to increase the chances of a response rather than to
meet any requirements for bid/procurement. Biological vendors may also be
contacted, or a stick-built system may be selected.
Task 330: Schedule Development
BC will use the information gathered on each option to make a Gant-chart type schedule for the
planning/procurement/installation/performance/demolition of each option.
Activities:This task includes the following activities:
Preparation of each schedule
Deliverables:
Schedule to be included in each package.
Assumptions:
Scheduling Is needed to confirm the pilot testing can be completed in the time needed by
Pueblo to make their decisions regarding full-scale application
Task 340: Screening
To facilitate the selection of a testing option, BC will conduct a workshop review the information
developed under Phase 200 with the goal of selecting an option to proceed with pilot testing.
Activities:This task will include the following activities:
Prepare a presentation summarizing the pilot options
Mediate a discussion to select the preferred pilot option to move forward
Develop an understanding of the division of responsibilities for the
design/procurement/construction/start-up and operation of the system.
Deliverables:
MS PowerPoint file delivered prior to the scheduled presentation for Pueblo to review
in preparation for the presentation.
A two-hour workshop will be held to review the packages, and to capture Pueblo staff
feedback and preferences.
Assumptions:
Up to three BC representatives will be in Pueblo in person for the workshop.
This visit will be used to locate the pilot site.
Phase 400 – Feasibility Analysis
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Objective
The objective for this phase is to update the feasibility of Table 10 Alternatives including previous and
current pilot test/optimization efforts.
Task 410: Update Table 10 Alternatives
Activities:This task includes the following activities:
Reviewing and updating the Table 10 alternatives and rankings.
Incorporating any new or changed technology for selenium and sulfate reduction.
Including references to technology confirmation work done as part of the DSV.
Deliverables:
Development of a TM that will include the alternative updates and feasibility costs
from Task 420 below.
A virtual meeting to present the cataloging and summary findings.
Meeting agenda and meeting minutes
Assumptions:
Assistance with document discovery and confirmation.
A virtual kick-off call will be held with stakeholders to discuss the execution of this
Phase. Draft TM provided to Pueblo for review and comments.
Final TM incorporates comments.
Task 420: Feasibility Costs
Activities:This task will include the following activities:
Using the equipment list developed under task 210, BC will develop factored
parametric cost estimates for the two pilot test alternatives.
Updating feasibility costs to present date considering Engineering News and Record
(ENR), RS Means and other cost indices and escalation factors.
Update and/or complete feasibility analyses for the alternatives.
Documenting information in the TM
Deliverables:
Feasibility c osts will be included in the TM in Task 410.
Assumptions:
Cost estimates will be equivalent to an Association for the Advancement Cost
Engineers (AACE) comparative Class 5 (+100%,-50%)cost estimate.
Following the completion of Task 400, BC will revisit scope and need for Phase 500-700 to
meet the specific needs of the selected option as well as Pueblo’s requirements for the
division of responsibilities for the remainder of the scope
(design/procurement/construction/start-up and operation of the system). The included
scope for Phase 500-700 is provided for illustrative purposes only and will be revised and
resubmitted to Pueblo following discussions with Pueblo.
Phase 500 – Pilot Test Plan
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Objective
The objective of this phase is to develop a pilot plan for the selected option. This plan will include the
goals of the testing, the implementation schedule, operational schedule, and analytical schedule. The
plan will identify the team members and establish the division of responsibilities for the pilot. The plan
will also provide general operational guidelines for the equipment including a seeding and acclimation
plan for biological processes.
Activities:
Develop controls narrative/high-level PID for selected option, if needed
Prepare draft pilot plan.
Facilitate a one-hour review call to talk through the details of the draft pilot plan.
Collect the feedback from this workshop and the Pueblo staff preferences and
incorporate them into the final Pilot Plan
Deliverables:
Draft Pilot Plan in electronic format.
Final Pilot Plan
Assumptions:
Draft Review will be conducted virtually
Pueblo will provide BC one consolidated set of comments following the plan review
call.
Phase 600 – Implementation
Objective
After Procurement and Installation of the pilot system, BC will provide start-up support to initiate the test
and then will provide onsite support to help Pueblo conduct the pilot tests.
Task 610: Start-Up/Acclimation
Activities:
Review the installation and verify the unit process layout and piping connections
Participate in clean water testing to verify the system is functioning properly prior to
start-up
Oversee seeding of bioreactors and start-up of each treatment process.
Provide daily oversight of the pilot systems.
Assumptions:
Pueblo will be the owners and operators of the pilot system. BC will provide
operational guidance and assistance.
Pueblo’s preferred contractor will procure and install the pilot system based upon the
information developed in Phase 200 and 300. BC will provide process support during
construction, as needed, but will not report to site until the clean water testing is
scheduled to commence.
Clean Water Testing is assumed to be completed in 4 working days.
BC will be present for four 10-hour shifts during the Clean Water Testing.
The start-up/acclimation phase of the system is assumed to last 6 weeks.
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A minimum of 1 BC representative will be onsite for the start-up/acclimation portion
of the pilot testing.
Deliverables:
Weekly email status reports during the start-up and acclimation phase of the pilot.
Task 620: On-Site Support
The objective of this task is to support Pueblo in the implementation of the plan developed in Phase
500.BC will help Pueblo establish SOPs and performance indicators for typical operations with the pilot
operators. This will help promote consistent operation of the pilot system. During this period, BC will also
work with the pilot operators to establish data collection and reporting systems that will enable Pueblo
and BC to assess the system performance against the goals established in Phase 500.
Activities:
Implement the pilot test plan
Develop SOPs, system walk-through sheets
Develop onsite laboratory testing protocols and SOPs
Establish performance indicators.
Assumptions:
A minimum of one BC representative will be onsite for one shift per day during the
operation of the pilot system. It is assumed that weekends will be treated as half
days.
It is assumed the pilot will operate for a period of six months.
Deliverables:
Weekly Status Reports
Task 630: Off-Site Support
BC staff including Se removal subject matter experts will review data and provide support to the onsite
operational staff.
Activities:
Onsite BC staff will perform coordination calls with BC subject matter experts as
needed.
BC will coordinate weekly status calls with pilot operators to review pilot operations.
Assumptions:
It is assumed that the BC onsite staff will hold 2 calls per week with at least 2
additional BC staff. It is assumed up to three BC staff members will spend up to 2
hours each, weekly, reviewing pilot data.
Deliverables:
Weekly pilot operations review meeting notes
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Phase 700 – Pilot Report
Objective
The objective of this phase is to develop a summary report for the pilot test. This report will include the
goals of the pilot, a summary of the analytical results of the pilot, a discussion and analysis of the
results, recommendations for full-scale implementation, and lessons learned.
Activities:
Prepare Draft Pilot Report
Facilitate a one-hour review call to talk through the details of the Draft Pilot Report.
Collect the feedback from this workshop and the Pueblo staff preferences and
incorporate them into the Final Pilot Report
Deliverables:
Draft Pilot Report in electronic format.
Final Pilot Report in electronic format
Assumptions:
Draft Review will be conducted virtually
Pueblo will provide BC one consolidated set of comments following the report review
call.
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Pages
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February 2025
2
dated
Subcontractors,
Schedule
s Proposal
’
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Identification
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Excerpt
Schedule
Fee
Additional Information for Agreement
Certificate of Good Standing
PERA Questionnaire
Insurance Certificate(s)
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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,
CSPXO!BOE!DBMEXFMM-!JOD/
Dbmjgpsojb
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
1402403136
paper through that have been posted, and by documents delivered to this office
19;18;13
1402803136
electronically through @.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
140280313619;18;13
official certificate at Denver, Colorado on @ in accordance with applicable law.
28212:5:
This certificate is assigned ConfirmationNumber .
*********************************************End of Certificate********************************************
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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
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proceed to signature section at bottom of this page.)
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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
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__________________________________________________________________________________________.
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