HomeMy WebLinkAbout7257RESOLUTION NO. 7257
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO AND REGULATORY MANAGEMENT,
INC., FOR PROFESSIONAL SERVICES ASSOCIATED
WITH THE PUEBLO WASTEWATER TREATMENT PLANT
DISCHARGE PERMIT REVIEW AND NEGOTIATION
SERVICES
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 Regulatory Management, Inc., is
hereby approved.
SECTION 2
Funds for said professional services shall be paid from the
Wastewater - Professional Services Account, Number
014- 0400 - 435 - 000 - 030 -0020.
SECTION 3
The President of the City Council is hereby authorized to
execute th� 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.
INTRODUCED November 8 , 1993
By JOHN CALIFANO
Councilperson
APPROVED:
/e
resident of the Council
ATTEST:
City Cler
PROFESSIONAL SERVICES CONTRACT
Contract No. 9312
This Agreement, executed on this JIr day of 1111 by and between the City of
Pueblo, a municipal corporation, herein referred to as " er," and Regulatory Management
Incorporated (RMI); with respect to the provision of professional consulting services:
I. DESCRIPTION OF PROJECT
The Owner and RMI agree that the Project, entitled Pueblo WWTF Discharge Permit Review
and Negotiation Services, is as described in Exhibit A. If, during the course of performing the
work, the Owner and RMI agree that it is necessary to modify the Project as described in the
exhibit, such changes will be incorporated into the Agreement by written amendment.
II. AUTHORIZATION
In signing this Agreement, the Owner grants RMI specific authorization to proceed with the
work described in Exhibit A. The work shall be completed in accordance with the schedule set
forth in Exhibit A.
For Special Services, the authorization by the Owner shall be in writing and shall include the
definition of the work to be done, the schedule for commencing and completing the work, and
the basis of compensation, as agreed upon by the Owner and RMI.
III. SCOPE OF PROFESSIONAL SERVICES
RMI agrees to perform those services which are particularly described hereafter. Unless
modified in writing by both parties, the duties of RMI shall not be construed to exceed those
services specifically set forth herein.
A. Planned Services
RMI agrees to perform those planned tasks described in Exhibit A.
IV. RESPONSIBILITY OF OWNER
The Owner agrees to provide all information, records, drawings, documents, access to facilities,
and all other assistance as required and reasonable relative to the proper and adequate conduct
of the work.
OCT 15 i9"
Dept of
City of P"*
V. RESPONSIBILITY OF RMI
RMI is retained to render a professional service only, and payments made to RMI are
compensation solely for such services rendered and recommendations made in carrying out the
work. RMI shall follow accepted scientific and engineering practices to make findings, opinions,
factual presentations, and professional advice and recommendations. It is understood that any
such findings, opinions, factual presentations, advice and recommendations are given in the
context of and conformance with applicable federal, state, and local environmental statutes,
regulations, and ordinances.
VI. OWNER'S RIGHT TO AUDIT
The owner shall have the right to audit RNH's accounts, costs, and labor charges billed to the
owner under this agreement.
VII. FORCE MAJEURE
All obligations of either party hereunder shall be suspended while, but only so long as and to
the extent that, such party is prevented from complying with such obligations in whole or in part
by acts of God or the public enemy, strikes, fire, flood, epidemics, quarantine restrictions, traffic
interruption, freight embargoes, delays in transportation and inability to obtain necessary
materials in open market, unusually severe weather, insurrection or mob violence, laws,
requirements of any state, federal, or local government body or any other matters beyond the
reasonable control of RMI, its officers and employees, and its subcontractors, whether similar to
the matters herein specifically described or otherwise. Should such matters beyond the control
of RMI, through disruption or interruption of the work described in Exhibit A, cause RMI, its
officers and employees, or its subcontractors to incur costs beyond those described in this
Agreement, RMI shall have the right to reasonable reimbursement of those costs, and both
parties hereunder agree to negotiate such reimbursement in good faith.
VIII. COMPENSATION
For the services described in Exhibit A which are to be performed by RMI, the Owner agrees to
pay compensation in accordance with the schedule set forth in Exhibit B. Compensation for
Special Services shall be as agreed upon by the Owner and RMI, as set forth in the written
authorization for such Special Services, unless otherwise accounted for in Exhibit A.
Charges for reimbursable costs determined in accordance with Exhibit B shall be billed in
summary form to the Owner on monthly billing periods, unless stated otherwise in Exhibit B.
Billing periods for services provided and for reimbursable costs shall be on a monthly basis.
Payment for such services and reimbursable costs shall be due within thirty (30) days of each
billing period invoice date. Payments received after thirty (30) days shall be subject to interest
for those days in excess of thirty (30) days at the rate of 18% per annum.
IX. SUBCONTRACTS
RMI shall be entitled, to the extent determined appropriate by RMI and approved by the
Owner, to subcontract any portion of the work to be performed as part of this Project. RMI
shall be responsible to the Owner for the actions of persons and firms performing subcontract
Exhibits A through B Page 2 of 9
work. Subcontractors and their level of effort with respect to this Agreement are as presented
in Exhibit C.
X. ASSIGNMENT
This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This
Agreement is not to be assigned by either the Owner or RMI without prior written consent of
the other.
XI. INTEGRATION
This Agreement represents the entire understanding of the Owner and RMI as to the matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to these matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by both parties.
XII. SUSPENSION OF WORK
The Owner may suspend, in writing, all or a portion of the work under this Agreement in the
event unforeseen circumstances beyond the control of the Owner make normal progress in the
performance of the work impossible. RMI may request that the work be suspended by notifying
the Owner, in writing, of circumstances which are interfering with the normal progress of the
work. The time for completion of the work shall be extended by that number of days and work
is suspended. In the event the period of suspension exceeds ninety days, the terms of this
Agreement are subject to renegotiation and both parties are granted the option to terminate
work on the suspended portion of the Project in accordance with Article XIII.
XIII. TERMINATION OF WORK
The Owner may terminate all or a portion of the work covered by this Agreement for its
convenience. Either the Owner or RMI may terminate the work in the event the other party
fails to perform in accordance with the provisions of this Agreement. Termination of this
Agreement is accomplished by fifteen days prior written notice from the party initiating the
termination to the other party, delivered by certified mail.
In the event of termination, RMI shall perform such additional work as is necessary for orderly
closing of the Project.
RMI shall be compensated for the terminated portion of the work on the basis of the work
actually performed prior to the effective date of the termination and for the work required for
the closing.
XIV. OWNER'S PROJECT OFFICER
The Owner's project officer, who shall be empowered to act for the Owner in accordance with
the provisions of this Agreement, where such acts are not contrary to law, shall be
Jim DiIorio, Director of Wastewater
XIII. EFFECTIVE DATE
This Agreement shall be effective on and from the date first written above.
Exhibits A through B Page 3 of 9
XIV. EXHIBITS
The following exhibits are made part of this agreement.
Exhibit A Scope of Services
Exhibit B Level of Effort
Exhibit C Subcontractors
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
date written above.
OWNER
IVA
By
' Pka-SIP4 OF Tate 0 0O WC14,
Title
ATTEST:
By
Title
REGULATORY MANAGEMENT INC.
�fS�GfC�
Exhibits A through B Page 4 of 9
EXHIBIT A
PUEBLO WWTF DISCHARGE PERMIT REVIEW AND NEGOTIATION SERVICES
SCOPE OF SERVICES
General
It is understood that RMI is an agent of the City of Pueblo with respect to the conduct
of this Scope of Work, and that all communication and contact with regulatory agencies shall be
through representatives of the City, or as authorized by representatives of the City.
Discharge permit CO- 0026646, issued to the City of Pueblo Wastewater Treatment
Plant, is in the process of being renewed by the Colorado Department of Health Water Quality
Control Division. This permit renewal will include significant new requirements based upon the
1987 Clean Water Act Amendments and subsequent federal and State regulations. In
particular, toxic pollutants, including heavy metals, and Whole Effluent Toxicity limits will be
included in the permit. Additional sampling, monitoring, and procedural requirements will also
be included. These permit requirements will be based upon new State water quality standards,
waste load allocation calculations on Segment 1 of the Arkansas River, low flow calculations,
and results of the Colorado Ammonia Model.
Additionally, the renewed Pueblo WWTF permit incorporates water quality and
dilution flow considerations with respect to CF &I and the WestPlains power plant. The quality
and volume of the discharges from these facilities will be used to establish low -flow values and
to calculate Waste Load Allocations (WLAs) for toxic pollutants such as heavy metals, and for
ammonia. Both CF &I and the WestPlains power plant are initiating long range planning
activities that will affect their discharges that will ultimately affect the Pueblo WWTF permit.
Pending Federal Clean Water Act reauthorization and evolving watershed
management, ecosystem restoration and protection, pollution prevention, and enforcement
programs must also be considered in managing Pueblo's permitting process.
The Department of Public Works, Utilities Department wishes to ensure that the
renewed permit requirements are correctly derived, based upon appropriate assumptions, and
are not overly stringent, requiring significant expenditures of scarce public funds with no
environmental benefit. The Department also wishes to ensure that the City of Pueblo and its
citizens are not exposed to unnecessary and inappropriate liability through inappropriate and/or
incorrect permit requirements, and that the final renewed permit accounts for long range
planning issues in the most cost- effective manner.
The Department has requested a proposal from Regulatory Management, Inc. (RMI)
to provide professional permit review and negotiating services, integrating technical and
scientific considerations, and long range plans with current and projected regulatory
requirements and options to achieve these goals.
RMI proposes to work closely with Department staff, Department Counsel (as
authorized), and the Colorado Water Quality Control Division to provide the requested services
in the most cost- effective and efficient manner.
Exhibits A through B Page 5 of 9
Given the difficulty in projecting precisely what scope of work and what level of effort
will be required at this time, RMI has prepared the following outline Scope of Services, and has
proposed a Level of Effort based on similar experience. Compensation is based upon actual
costs incurred as estimated in Exhibit B. The cost ranges presented will not be exceeded
without prior written authorization by the Owner.
The Scope of Services is broken down into individual tasks to aid the Owner's
evaluation of this proposal, and to guide both parties in administering any subsequent contracts.
The Owner may elect to authorize a separate Notice to Proceed for each task within a single
contract.
Task 1: Review of Draft Cyanide and Metals Rationale
- Project initiation meeting with Owner.
- Review existing discharge permit, receiving water quality data, flow data and plant
performance data.
- Review of draft Permit Rationale, including basis, assumptions, conformance with
regulations and standards, adequacy and accuracy of data, appropriateness of
assumptions, WA calculations.
- Teleconference with State WQCD permit writer, as necessary, for clarifications and
coordination with respect to the review of the draft rationale. (It may be advisable to
determine what assumptions the WQCD will input into the Colorado Ammonia Model
for the Pueblo WWTP)
- Potential permit activities coordination with CF &I and WestPlains Energy power
plant. The discharges from both of these facilities are factored into the Pueblo WWTP
permit, and both facilities are initiating long range planning activities that will effect
their discharges. Initial information gathering and coordination activities are
recommended as part of Task 1 to assist the Pueblo WWTF in evaluating long term
permit planning.
- Preparation of written review comments to Owner.
- Meeting with owner to discuss the permit information and planning review, to and
recommend response and permit negotiation strategy.
- Meeting with Owner and Colorado WQCD (if necessary) to provide strategic input to
permit writer prior to issuance of the draft permit. Such input shall be in writing, and
it is recommended that critical input be presented in person with the Owner. RMI will
provide the owner with a hard copy and Word Perfect diskette file of the permit
planning document.
Owner to provide copies of existing permit, plant performance data, and available
receiving water flow and quality data.
Task 2: Review and Comment on Draft Discharge Permit
Exhibits A through B Page 6 of 9
- Detailed line -by -line review of the complete draft discharge permit and rationale,
including all limitations, procedural requirements, monitoring and reporting
requirements, pretreatment program requirements, boilerplate language, and scientific
and legal basis for same. This review will consider the projected impacts of pending
water quality legislation and program development.
- Preparation of detailed written comments and alternative language /approaches,
including technical and regulatory rationale, for direct submittal to the Colorado
WQCD. RMI will provide owner with a hard copy and a Word Perfect diskette file of
these comments.
- Teleconferencing with Owner's representatives and two on -site meetings with the
Owner with respect to the preparation and finalization of these comments. Includes
communication and coordination with Owner's Counsel as authorized by Owner.
- Teleconference with Colorado WQCD permit writer during comment period.
- Meeting with Owner and permit writer to hand deliver, present, and discuss the
written permit comments in a cooperative negotiation session.
Task 3: (OPTIONAL) Preparation of Permit Clarification Letter(s)
Final permits, even after successful negotiations, contain minor errors, confusing
requirements, or monitoring and analysis requirements that require clarifications and
understandings to avoid unanticipated compliance problems and third -party liability. These
clarifications, to be effective, must be documented in the formal permit record.
RMI will review the final discharge permit for such needed corrections and
clarifications, and will prepare the required Permit Clarification Letter(s) for transmittal by the
Owner. RMI will provide a hard copy of the letter(s) and a Word Perfect diskette file for the
Owner's use.
Exhibits A through B Page 7 of 9
EXHIBIT B
PUEBLO WWTF DISCHARGE PERMIT REVIEW AND NEGOTIATION SERVICES
LEVEL OF EFFORT
General
All work shall be done by RMI's principles except for any necessary subcontractors as
authorized by the Owner.
RMI's fees are based on a flat hourly rate. This hourly rate includes all labor,
overhead, and administrative costs for RMI. Direct costs such as Fedex, document printing,
travel costs, and subcontractor fees are passed through at cost.
RMI has a tiered hourly rate structure, tailored to provide the highest level of service
to its clients, a project rate and a retainer rate. The retainer rate reflects the economies of a
long term client service- oriented relationship. RMI is pleased to offer the Pueblo Department
of Public Works its Retainer Rate.
Project Rate: $125/hour
Retainer Rate: $100/hour
Travel expenses are passed through at cost. RMI makes every effort to minimize
travel expenses. RMI charges $.25 /mile for use of principle's vehicles for business travel.
The estimated Level of Effort below is based upon experience in similar undertakings,
and best professional judgment of the services necessary to provide the Pueblo Department of
Public Works with cost- effective and efficient assistance that will produce the desired results. as
estimates, they are subject to adjustment based on the actual Scope of Services and Level of
Effort required, and as negotiated with the Owner. It is understood by both parties of this
agreement that the Scope of Services and Level of Effort may change, based upon the actual
situation and as a result of the actions of other individuals or agencies not a party to this
Agreement. Charges are assessed on a cost- reimbursement basis, not to exceed the agreed upon
estimated range without authorization from the Owner. Charges not incurred are not billed.
Task 1:
Estimated labor: 45 to 80 hours @ $100/hour = $4,500 to $8,000
Estimated travel: 400 miles @ $0.25 /mile = $100
Meals = $90
Task 2:
Estimated labor: 40 to 70 hours @ $100/hour = $4,000 to $7,000
Estimated Travel: 300 miles @ $0.25 /mile = $75
Meals = $60
Exhibits A through B Page 8 of 9
Task 3:
Estimated labor: 24 hours @ $100/hour = $2,400
Exhibits A through B Page 9 of 9