Loading...
HomeMy WebLinkAbout7456RESOLUTION NO. 7456 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND GERAGHTY & MILLER, INC., FOR ENVIRONMENTAL SERVICES ASSOCIATED WITH HYDROGEOLOGY 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 Geraghty & Miller, 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 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. INTRODUCED September 12 , 1994 By JOHN CALIFANO Councilperson APPROVED: Q ��o ( P esident of the Council ATTEST: City Cler CONTRACT FOR PROFESSIONAL SERVICES This Contract is between the City of Pueblo ( "Client ") and Geraghty & Miller, Inc., Environmental Consultants ( "Contractor "). 1. Scope of Services. The Contractor will provide professional environmental services which will be undertaken in accordance with the Clients Arkansas River basin Study. These services are described in Attachment 1. 2. Fee. The fee to be paid by Client to Contractor for completing the Services is $15,039.00, plus time and materials for any work done beyond the original scope of services, as described in Attachment 1, and in accordance with the Fee Schedule for Professional Services, (Attachment 2). 3. 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 Services and in accordance with the Fee Schedule for Professional Services (Attachment 2). Payment is due in 30 days. 4. 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 Services will be based on the Fee Schedule for Professional Services (Attachment 2). 5. Termination. This contract may be terminated by either party upon 15 days written notice to the other party. 6. Relationship of Parties. Contractor is an independent contractor. 7. Insurance. Contractor will provide all insurance coverage for the benefit of the Contractor (and the Contractor's employees). 8. Indemnification and Limitation of Liability. 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 by any third party but only to the proportionate extent resulting from the negligent or willful acts or omissions of the Contractor, and Contractor's employees or agents. Neither party shall be liable to (including indemnification under or otherwise, for incidental or kind. the other, whether in Contract this paragraph 8 above), tort consequential damages of any 9. 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. 10. 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 DiIorio Director of Wastewater City of Pueblo 211 East "D" Street Pueblo, CO 81003 Contractor: Geraghty & Miller, Inc. 1099 18th Street Suite 2100 Denver, CO 80202 Such addresses may be changed from time to time by either party by providing written notice in the manner set forth above. 11. 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. -2- 12. 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 then such provision shall be deemed to be written, construed, and enforced as so limited. 13. 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. 14. Applicable Law. This Contract shall be governed by the laws of the State of Colorado. For the City of Pueblo I ncil - .- Date 2- a ` F V Date Ni ✓ 7 By. Directo of Finance Date �b` 1 For: GERAGHTY & MILLER, INC. By: ) j RJS CIO-L Date ,& 5 7 13 - 52 - -3- AWGERAGHTY A/'& NIILLER, INC. AWEnvironmental Services ATTACHMENT 1 Ground Water August 11, 1994 Mr. Jim DiIorio Director City of Pueblo Department of Wastewater 211 E. "D" Street Pueblo Colorado 81003 Dear Mr. DiIorio: Engineering Hydrocarbon Remediation aw. afffivib 04 Of Lubm UY of PIS Geraghty & Miller is pleased to submit a proposal to assist the City of Pueblo Department of Wastewater in preparation for a Public Rulemaking Hearing before the Colorado Water Quality Control Commission. The purpose of the hearing is consideration of a revision to aquatic life standards for selenium, as listed in Table III of the Basic Standards and Methodologies for Surface Water, 3.1.0 (5 CCR 1002). Two residential areas within the City of Pueblo wastewater collection system have been identified as having elevated levels of selenium. The source of the selenium in the wastewater appears to be from groundwater that is pumped from sumps in residential homes in those areas and then discharged into the sanitary sewer system. Both residential sites are in areas where the Pierre Shale outcrops. The Pierre Shale may be a source of selenium to the groundwater system. Geraghty & Miller recommends a phased approach to the source of the selenium. The initial phase is a comprehensive literature search and review. The purpose is to compile and assess existing data related to this issue that has been prepared by government agencies or research groups (for example the U.S. Geological Survey or universities). The literature search will include, but not be limited to, topics related to overall groundwater, surface water and soil quality of the area (with emphasis on selenium concentrations), selenium mobility, geology and hydrogeology of the area. The results of the literature review will be summarized in a letter report to be submitted to City of Pueblo Department of Wastewater. Education 1099 18th Street, Suite 2100 • Denver, Colorado 80202 • (303) 294 -1200 • FAX (303) 294 -1212 l GERAGHTY & MILLER, INC. August 11, 1994 Mr. DiIorio Page 2 of 3 Based on the results of the literature review, a field investigation may be proposed to collect environmental data for purposes of defining the relationship between groundwater selenium concentrations and local geology, specifically, the Pierre Shale. The field investigation will focus on the effects of the Pierre Shale on water quality in the vicinity of Fountain Creek, just north of the confluence with the Arkansas River. This area is one of the two identified by the City of Pueblo as having elevated levels of selenium. Geraghty & Miller proposes that the most effective allocation of resources is to concentrate field investigation efforts in one of the two areas. If a direct causal relationship between the Pierre Shale and elevated groundwater selenium concentrations can be established in one area, then by analogy, a similar relationship can be implied for the other area. The selection of the Fountain Creek residential area over the other site is based on the City of Pueblo's ownership of much of the property between the subdivision and Fountain Creek, and also the proximity of the site to surface water (Fountain Creek). Any intrusive activities will be conducted on City of Pueblo property which should minimize access restrictions Geoprobe technology is the method proposed for conducting the field investigation. Use of a geoprobe is a cost- effective means of rapidly collecting soil and groundwater samples. The method results in minimum disturbance to the site. Temporary drive points can be left in the ground for repeated sampling if desired, but a major benefit of this technology is that groundwater samples can be collected without the construction , maintenance and cost of a monitoring well. The field investigation, if required, would include sampling groundwater, soils /sediments and bedrock (Pierre Shale) along two transects between Fountain creek and the subdivision immediately east of Jerry Murphy Road. Approximately four geoprobe borings would be drilled along each transect. Sampling would include the collection of bedrock samples from each boring, surficial soil samples from four of the borings and groundwater samples from each boring . The soil samples will be analyzed for selenium (total recoverable). Groundwater samples will also be analyzed for selenium. Two water samples will be analyzed for a full suite of general inorganics. Results of the analyses will be presented in a report to the City of Pueblo, Department of Wastewater. The report will also include recommendations for further investigation, if necessary. GERAGHTY & MILLER, INC.. August 11, 1994 Mr. DiIorio Page 3 of 3 Cost for the literature search and review task is $3,850. The scope of the field investigation may be revised based on the results of the literature search and City of Pueblo Department of Wastewater approval. Cost for the field investigation as described, including labor, equipment rental, mobilization, laboratory analyses and an evaluation report is $11,189. These cost estimates remain valid for a period of 90 days If you have any questions concerning this proposal, please contact one of the individuals listed below at 303 - 294 -1200. Respectfully submitted, GERAG TY & MILLER, INC. Errol P. Lawrence Project Scientist j x ✓ I V IVI' l Anthony ruschel '4?di Principal Scientist and Associate Denver Office Manager EPL /ADT:epl rFr�ff� 4U-G t 7 4 ATTACHMENT 2 GERAGHTY & MILLER, INC. FEE SCHEDULE FOR PROFESSIONAL SERVICES The charges for services provided by Geraghty & Miller, Inc. consist of: (1) an hourly fee for any professional and support staff member working on a project; (2) reimbursement of expenses.; (3) reimbursement of subcontractor's and other special costs; (4) use and rental charges for equipment. Bills covering these charges and expenses will be submitted for payment on a monthly basis (except for subcontractor invoices which will be bil led as received), unless some other arrangement has been agreed upon. Hourly fees for various classifications of Geraghty 8s. Miller, Inc.. personnel are indicated below and are subject to revision. STAFF CATEGORIES HOURLY RATES PROJECT STAFF Principal: Scientist WEngineer IT $ 132 Principal: Scientist I /Engineer I 119 Senior: Scientist IVEngineer II 1 l 1 Senior: Scientist I/Engineer 1 102 Project: Scientist II/Engineer IT 96 Project: Scientist I/Engineer I 90 !- Field Operation Manager 88 Staff: Scientist IT/Engineer II 85— Staff: Scientist I/Engineer 1 80 Field Supervisor 76 Scientist III/Engineer Ill 71 Designer 67 Scientist II/Engineer 1T 63 Master Technician 62 Scientist I/Engineer I 53 Senior Technician 51 Technician 42 Assistant Technician 36 SUPPORT STAFF Technical Editor 63 Project Assistant 52 Draftsperson 47 Word Processor 43 Clerical 38 SCIENTIS'T'S ENGINEERS Geologists H drogeologtsts Hydrologists Geochemists Geophysicists Mathematicians Biologists Toxicologists Epidemiologists Pharmacologists Chemia•is Air Quality Specialists Agricultural Engineers Chemical Engineers Civil Engineers Electrical Engineers Environmental Engineers Georechnical Engineers Mechanical Engineers Soils Engineers Structural Engineers JAYS