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HomeMy WebLinkAbout7097RESOLUTION NO. 7097 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND TOM PITTS & ASSOCIATES FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE DEVELOPMENT OF TECHNICALLY BASED LOCAL LIMITS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 An Agreement, a copy of which is on file at the office of the City Clerk and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation and Tom Pitts & Associates, is hereby approved. SECTION 2 Funds for said professional services shall be paid from the Wastewater - Professional Services Account, Number 014 - 0400 -43 "7- 000 - 030 -0020. SECTION 3 The President of the City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. o ATTEST: AAI City Clerk INTRODUCED March 22 JOYCE LAWRENCE , 1993 Councilperson APPROVED: Pr sident ot the Council CONTRACT FOR PROFESSIONAL SERVICES This Contract is between the City of Pueblo ( "Client ") and Tom Pitts & Associates, Consulting Engineers ( "Contractor "). 1. Scope of Services. The Contractor will provide professional engineering consulting services which will be undertaken in accordance with the program criteria and requirements therefore promulgated by U.S. Environmental Protection Agency and Colorado Department of Health. These services are described in Attachment 1, Scope of Services, for the project entitled "Develop Local Limits for the City of Pueblo Pretreatment Program." 2. Fee. The fee to be paid by Client to Contractor for completing the Scope of Services is $8,650.00, as described in Attachment 2, and in accordance with the Schedule of Fees (Attachment 3). 3. Schedule. The projected schedule for completion of the scope of services is provided in Attachment 4. Both parties recognize that variations in schedule may occur due to delays in availability of information, reviews by Client, and for reviews of materials by State of Colorado and U.S. Environmental Protection Agency personnel. Contractor will inform Client of any schedule variations that change the overall completion date by more than 30 days from the date shown on Attachment 4. 4. Payment. Contractor will submit invoices to Client promptly at the end of each month this contract is in effect, based on partial or full completion of the Scope of Services (Attachment 1) and in accordance with the Schedule of Fees (Attachment 3). Payment is due in 30 days. 5. Modification of Contract. This contract can be modified only in writing and by consent of both Client and Contractor. Any change in fee caused by an agreed upon change in Scope of Services will be based on the Schedule of Fees (Attachment 3). 6. Termination. This Contract may be terminated by either party upon 15 days written notice to the other party. 7. Relationship of Parties. Contractor is an independent contractor. 8. Insurance. Contractor will provide all insurance coverage for the benefit of the Contractor (and the Contractor's employees). 9. Indemnification. The Contractor agrees to indemnify and hold the Client harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Client that result from the acts or omissions of the Contractor, and Contractor's employees or agents. 10. Records. Client agrees to provide all data and records needed to complete the Scope of Services in a timely manner. Upon termination of this Contract, the Contractor shall return to the Client all data and records provided by the Client. 11. Notices. All notices required or permitted under this Contract shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: Client: Mr. Jim Di Iorio Director of Utilities City of Pueblo 211 East D Street Pueblo, CO 81003 Contractor: Tom Pitts & Associates 535 North Garfield Avenue Loveland, CO 80537 -5548 Such addresses may be changed from time to time by either party by providing written notice in the manner set forth above. 12. Entire Contract. This Contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties. 13. Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14. Waiver of Contractual Right. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. 15. Applicable Law. This Contract shall be governed by the laws of the State of Colorado. For the City of Pueblo By: <-:�� 21 &6z� City uncil President By: City Clerk By: ` Director of Finance Date_ 9� Date 2 L I / 3 Date W 7- 2 For Tom Pitts & Associates i By: Date Owner 3 SCOPE OF SERVICES for "Develop Local Limits for the City of Pueblo Pretreatment Program" 1. Review of Local Li mits Development Plan The City's Local Limits Development Plan will be reviewed and written comments will be provided regarding its consistency with EPA's " Technically Based Local Limits Development Strategy " This task will include specific suggestions regarding changes that should be made to the plan to enable development of local limits that will be acceptable to all parties. 2. Data review and statistical analysis Data provided by the City will be reviewed for adequacy. If inadequacies are found, suggestions for necessary data collection will be made to the City. A statistical analysis of WWTP influent data and industrial effluent data will be prepared to determine if there is a correlation between pollutant outflow and inflow. If the statistical analysis indicates that undiscovered sources of pollutants are present, it will be reported to the City for reconciliation. If the statistical analysis demonstrates confidence that all significant sources of pollutants have been found, the consultant will so report to the City, and proceed. 3. Site Visits During the course of the contract, site visits will likely be needed to meet with City personnel, review records, visit the wastewater treatment plant, etc. (Two full day (10 hours each) site visits are included in this task.) 4. Calculation of Local Limits Development of local limits will be accomplished using a currently available spreadsheet computer program. This program has been reviewed by Mr. Curt McCormick, EPA and accepted as an appropriate tool for the development of the local limits. After the local limits are calculated, they will be reviewed for acceptability with the City and EPA. If there are limits which appear to be unacceptable, the consultant will work with the City and EPA to find acceptable alternatives. 5. Report Preparation The consultant will prepare a report on local limits and provide eight (8) copies to the City. It is our understanding that EPA is interested in brief, accurate reports providing only the information requested in EPA's " Technically Based Local Limits Development Strategy" without the addition of extraneous information. This task is predicated on that approach. ATTACHMENT 1 COST ESTIMATE Project Engineer Clerical 120 hours @ $65 /hr 16 hours @ $25 /hr Expenses (mileage, phone, copies, etc.) Total $7800.00 400.00 450.00 $8650.00 ATTACHMENT 2 SCHEDULE OF FEES The basis of the cost estimates is as follows: Staff Engineer: $26 /hour x 2.5 (overhead + 10% profit) _ $ 65.00 /hour Clerical: $10 /hour x 2.5 (overhead + 10% profit) _ $ 25.00 /hour Expenses: Mileage @ $.32 /mile Copies @ $.15 /copy Phone and other charges billed at cost. If additional effort is needed beyond the scope of the contract, the rates cited above will be maintained for that work. ATTACHMENT 3 SCHEDULE The proposed schedule should be adequate if needed information is readily available from the City and if additional time is not needed to negotiate the local limits with the Colorado Department of Health and EPA. ATTACHMENT 4 START FINISH 1. Review Local Limits Development Plan 4/1/93 4/15/93 2. Data Review & Statistical Analysis 4/15/93 5/1/93 3. Site Visits When needed 4. Calculation of Local Limits 5/15/93 6/1/93 5. Report Preparation 6/1/93 6/15/93 The proposed schedule should be adequate if needed information is readily available from the City and if additional time is not needed to negotiate the local limits with the Colorado Department of Health and EPA. ATTACHMENT 4