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