HomeMy WebLinkAbout11728RESOLUTION NO. 11728
A RESOLUTION APPROVING AN AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF PUEBLO,
A MUNICIPAL CORPORATION, AND ALL -PHASE
ENVIRONMENTAL CONSULTANTS, INC., AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Agreement between All -Phase Environmental Consultants, Inc., A Colorado
Corporation and the City of Pueblo, dated October 26, 2009 for professional asbestos, mold, and
methamphetamine inspection and abatement management services, (" Agreement'), a copy of
which is attached hereto, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute and deliver the Agreement
in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk
shall affix the seal of the City thereto and attest the same.
SECTION 3.
Funds for said professional services in the amount of $25,000, shall be paid from the
Neighborhood Stabilization Program grant in Fund 241.
INTRODUCED: October 26. 2009
A77TSTDD SY:
CITY CLERK
BY: Judy Weaver
COUNCILPERSON
APPR D' 40, �.
PRESIDENTof City Council
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # N -9
DATE: October 26, 2009
DEPARTMENT: HOUSING AND CITIZEN SERVICES/ ADA RIVERA CLARK
TITLE
A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND ALL -PHASE
ENVIRONMENTAL CONSULTANTS, INC., AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council award a professional services contract to All -Phase Environmental
Consultants, Inc., for the performance of asbestos, mold, and methamphetamine inspections and
abatement management services as may be required by the City?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The Department of Housing and Citizen Services requires environmental services to be
completed for some of its federally funded projects and is required to follow the federal
procurement requirements. A request for proposals was issued in June 2009 for said services.
There were seven respondents to the request. All -Phase was the winning respondent.
FINANCIAL IMPACT
It is estimated that services totaling $25,000 will be procured under this agreement. The amount
is based on an estimate of the number of properties to be purchased. Funding for the services
will be a reimbursable expense from the City's allocation of the Neighborhood Stabilization
Program grant funds to be made available in the 241 Fund.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 26th day of October, 2009, by and between Pueblo, a Municipal
Corporation ( "Client ") and All -Phase Environmental Consultants, Inc. (hereinafter referred to as "Consultant ") for
Consultant to render professional asbestos, mold, and methamphetamine inspection and abatement management services
for Client with respect to the City's acquisition, rehabilitation, and sale of properties in connection with the City's
program or programs (referred to as the "NSP Program ") under the Housing and Economic Recovery Act of 2008, as
amended by the American Recovery and Reinvestment Act of 2009 (together, the "Act "), and implementing federal
regulations ( "NSP Regulations ") and related ancillary services, hereinafter referred to as the "Project." In consideration
of the mutual covenants hereinafter set forth, the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES
(a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project
described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such
services shall include all usual and customary services required of licensed asbestos professionals and certified industrial
hygienists including any required drafting or design services incident to its work on the Project. In the event this
Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals or RFP, all of the
requirements of that Request for Proposal or 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 frilly responsible for the full performance and quality of services performed by such
subcontractors or subconsultants as it is for sere ices performed directly by Consultant or Consultant's employees.
(c) To the extent Consultant requires access to private property to perform its services hereunder,
Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already
secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent
or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A
copy of any such instrument will be provided to Consultant upon request.
SEC TION 2. CONSULTANT'S 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, and including
drawings, reports and other services, irrespective of Client's approval of or acquiescence in same.
(b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to
Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses
Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition
precedent to commencement of an acticn, including any such requirements set forth in Section 13 -20 -602, C.R.S. or
similar statute, whether now existing or hereafter enacted.
(c) 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.
(d) Consultant acknowledges that time is of the essence with respect to the completion of its services under
this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to
accomplish its work, with time periods for which it will commence and complete each major work item. Except to the
extent the parties agree to time extensions for delays heyond the control of Consultant, Consultant shall adhere to this
schedule and perform its work in a timely manner so as not to delay Client'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,
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the availability of information which must be obtained from any third parties, and all conditions to access to public and
private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule I or otherwise contemplated by the terms of this Agreement,
Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii)
the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) 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 Client. 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.
SECTION 3. FEES FOR SERVICES; PAYMENT
(a) Client will pay to Consultant as frill 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,
the amount, computed as set forth in Schedule 2.
(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 for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense
reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such
services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the
application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided
and listed in Schedule 2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(0 In the event services under this Agreement are phased and to be performed in more than one fiscal year
or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are
available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual
appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information, surveys, data and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall be
directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and
make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client 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 contract price.
(c) Client shall exan ine all documents presented by Consultant, and render decisions pertaining thereto
within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or
product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its
work.
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( d) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client 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 Client to responsibly render a decision has been furnished. A period of 46 days shall be presumed
reasonable for Client 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 Client but must be procured from others.
SECTION 5. TERMINATION
(a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any
time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors
shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications,
reports, plans, calculations, summaries and all other information, documents, work product and materials as Consultant
may have accumulated in performing this Agreement, together with all finished work and work in progress.
(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 reasonable costs incurred to 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 Client. In no event shall payment to Consultant upon
termination exceed the maximum compensation provided for complete performance in Section 3(a).
(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 work, or to pay
its employees and consultants, or to perform work according to the highest professional standards, or to perform work in
a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to
compensation shall be limited to the lesser of (a) the reasonable value of completed work to Client or (b) 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 professional responsibility for its completed work and services shall survive any
termination.
SECTION 6. SITE ACCESS
In the event the Project will require access to property not under the control of Client, Consultant and
Consultant =s employees and consultants shall obtain all additional necessary approval and clearances required for access
to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no
warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant
understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the
terms and conditions of an access agreement in accordance with section 1(c) of this Agreement.
SECTION 7. USE OF DOCUMENTS
(a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and
Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or
equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings,
specifications, and all other technical data or other documents pertaining to the work to be performed under this
Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with
advance written consent of Client, which consent may be granted or withheld in Client's sole and absolute discretion and
(ii) in full compliance with the requirements of this Agreement and applicable federal regulations.
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SECTION 8. INSURANCE AND INDEMNITY
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it 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) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows:
(i) 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 Client.
(ii) Commercial General Liability Insurance issued to and covering the liability of Consultant
with respect to all work performed by Consultant and its subcontractors and subconsultants under this
Agreement, to be written on a Commercial General Liability policy form CG 00 01, with coverage limits of not
less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal
injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars
($600,000.00) per occurrence for property damage. This CGL policy shall be endorsed naming the Client, its
officers, agents and employees as additional insureds. This CGL policy shall also provide coverage for
contractual liability assumed by Consultant under the provisions of this Agreement.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible of not more than $ 5,000.00.
(iv) Comprehensive Automobile Liability Insurance effective during the period of the Agreement,
and for such additional time as work on the Proj ect is being performed, written with limits of liability for injury to
one person in any single occurrence of not less that $150,000 and for any injury to two or more persons in any
single occurrence of not less than $600,000. 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 Project
site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether
owned, leased, hired or used by Consultant.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third
parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants.
SECTION 9. SUBCONTRACTS
(a) Client acknowledges that Consultant is the prime contractor and the onlyparty with whom Client 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 Client, and Client shall be a third
party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Consultant.
(c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement,
the Client 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 it has selected and intends to
employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this
Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel
except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not
assign or reassign Project work to any person to whom Client has reasonable objection.
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SECTION 10. REQUIRED FEDERAL PROVISION
(a) Consultant understands that Client may be funding the Project in whole or part with funds provided
under authority of the Act. Consultant agrees it is subject to and shall comply with all applicable provisions of the Act
under which the contract award has been made, and applicable regulations.
(b) Consultant shall comply with all applicable Federal, State, and local laws applicable to its activities.
(c) All records with respect to any matters covered by this Agreement shall be available for inspection by
Client, the U.S. Department of Housing and Urban Development ( "HUD "), and the Colorado Division of Housing
( "State ") at any time during normal business hours and as often as Client, HUD, or State deems necessary, to audit,
examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or
duties.
SECTION 11. MISCELLANEOUS
(a) 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 Consultant or Client 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 Client, Attention:
Mrs. Ada Clark, Director,
City of Pueblo
Department of Housing and Citizen Services
2631 E. 4 Street, Pueblo, CO. 81001,
or to Consultant,
Mrs. Brandice Eslinger
All -Phase Environmental Consultants, Inc.
721 West 9`" Street
Pueblo, Colorado 81003
Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other
party in the mamler provided in this paragraph.
(b) Entire Agreement This instrument contains the entire agreement between Consultant and Client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of
either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and
void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of Schedule 1
or any other attachment hereto, the terms of this Agreement shall govern.
(c) Successors and Assigns. This Agreement shall be binding on the parties hereto and on their successors
and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due
hereunder to Consultant may be assigned by it without the written consent of Client, which consent may be withheld in
Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be
void.
(d) Amendmen No amendment to this Agreement shall be made nor be enforceable unless made by
written amendment signed by an authorized representative of Consultant and by Client in accordance with the
requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the
State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a
state court of competent jurisdiction located in Pueblo, Colorado.
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(f) Equal Employment Opportun In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed,
and that employees are treated during employment without regard to their race, color, religion, sex, national origin,
disability or age.
(g) Severability If any provision of this Agreement, except for Section 2, 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. However, it is the intent of the parties that
Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law
or the terms of any federal grant, then this entire Agreement shall be void.
SECTION 12. STATE- IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK
(a) At or prior to the time for execution of this Agreement (which may be referred to in this section as this
"Contract "), Consultant (which may be referred to in this section as "Contractor ") shall submit to the Purchasing Agent of
City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this
Contract and that the Contractor will participate in either the "E- Verify Program" created in Public Law 208, 104`
Congress, as amended and expanded in Public Law 156, 108 °i Congress, as amended, that is administered by the United
States Department of Homeland Security or the "Department Program" established pursuant to §8- 17.5- 102(5)(c) C.R.S.
that is administered by the Colorado Department of Labor and Employment in order to confirm the employment
eligibility of all employees who are newly hired for employment to perform work under this Contract.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this contract;
(II) Enter into a contract with a subconsultant that fails to certify to Contractor that the
subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract.
(c) The following state - imposed requirements apply to this contract:
(I) The Contractor shall have confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in either the E -Verify
Program or Department Program.
(I1) The Contractor is prohibited from using either the E- Verify Program or Department Program
procedures to undertake pre - employment screening of job applicants while this Contract is being performed.
(111) If the Contractor obtains actual knowledge that a subcontractor or subconsultant performing
work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required
to:
A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days that
the Contractor has actual knowledge that the subcontractor /subconsultant is employing or contracting
with an illegal alien; and
B. Ternunate the subcontract with the subcontractor /subconsultant if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A. above the
subcontractor /subconsultant does not stop employing or contracting with the illegal alien; except that
the Contractor shall not terminate the contract with the subcontractor /subconsultant if, during such
three (3) days, the subcontractor /subconsultant provides information to establish that the
subcontractor /subconsultant has not knowingly employed or contracted with an illegal alien.
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(IV) The Contractor is required to comply with any reasonable request by the Colorado
Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an
investigation that CDLE is undertaking pursuant to its authority under §8- 17.5- 102(5), C.R.S.
(d) Violation of this Section 12 by the Contractor shall constitute a breach of contract and grounds for
termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential
damages.
(e) As used in this Section 12, the terms "subcontractor" and "subconsultant" shall mean any subconsultant
or subcontractor of Consultant rendering services within the scope of this Agreement.
SECTION 13 SOLE SOURCE GOVERNMENT CONTRACTS; LIMITATIONS UPON CAMPAIGN
CONTRIBUTIONS
(a) Section 15 of Article XXVIII of the Colorado Constitution is hereby incorporated into this agreement
by reference. Sections 15 and 17 of Article XXVIII of the Colorado Constitution provide as follows:
Section 15: Because of a presumption of impropriety between contributions to any campaign and sole
source government contracts, contract holders shall contractually agree, for the duration of the contract and for
two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or
indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the
benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its
political subdivisions.
Section 17:
(1) Every sole source government contract by the state or any of its political subdivisions shall
incorporate article XXVIII, section 15, into the contract. Any person who intentionally accepts contributions on
behalf of a candidate committee, political committee, small donor committee, political party, or other entity, in
violation of section 15 has engaged in corrupt misconduct and shall pay restitution to the general treasury of the
contracting governmental entity to compensate the governmental entity for all costs and expenses associated
with the breach, including costs and losses involved in securing a new contract if that becomes necessary. If a
person responsible for the bookkeeping of any entity that has a sole source contract with a governmental entity,
or if a person acting on behalf of the govenwental entity, obtains knowledge of a contribution made or accepted
in violation of section 15, and that person intentionally fails to notify the secretary of state or appropriate
government officer about the violation in writing within ten business days of learning of such contribution, then
that person may be contractually liable in an amount up to the above restitution.
(2) Any person who makes or causes to be made any contribution intended to promote or
influence the result of an election on a ballot issue shall not be qualified to enter into a sole source government
contract relating to that particular ballot issue.
(3) The parties shall agree that if a contract holder intentionally violates section 15 of section
17(2), as contractual damages that contract holder shall be ineligible to hold any sole source government
contract, or public employment with the state or any of its political subdivisions, for three years. The governor
may temporarily suspend any remedy under this section during a declared state of emergency.
(4) Knowing violation of section 15 or section 17(2) by an elected or appointed official is
grounds for removal from office and disqualification to hold any office of honor, trust or profit in the state, and
shall constitute misconduct or malfeasance.
(5) A registered voter of the state may enforce section 15 or section 17(2) by filing a complaint
for injunctive or declaratory relief or for civil damages and remedies, if appropriate, in the district court.
(b) This section applies only to sole source government contracts and does not apply to any contract,
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which used a public and competitive bidding process in which the City solicited at least three bids prior to awarding the
contract.
(c) Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado
Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations:
(1) If during the term of the contract, Contractor holds sole source government contracts with the
State of Colorado and any of its political subdivisions cumulatively totaling more than $100,000 in a
calendar year, then for the duration of this contract and for two years after, Contractor will not make,
cause to be made, or induce by any means a contribution, directly or indirectly, on behalf of contractor or
contractor's immediate family member(s) for the benefit of any political party or for the benefit of any
candidate any elected office of the State or any of its political subdivisions; and
(2) Contractor represents that Contractor has not previously made or caused to be made, and will
not in the future make or cause to be made, any contribution intended to promote or influence the result of a
ballot issue election related to the subject matter of this contract; and
(3) Contractor will satisfy contractor's obligations to promptly report to the Colorado Department
of Personnel & Administration ( "CDPA ") information included in the CDPA's "Sole Source Government
Contract Summary" and "Contract Holder Infort forms regarding this contract and any other sole source
government contracts to which contractor is a party, and shall contemporaneously provide a copy of such
report(s) to City's Purchasing Agent; and
(4) Contractor understands that any breach of this section or of Contractor's responsibilities under
Colorado Constitution Article XXVIII may result in either contractual or constitutionally mandated penalties
and remedies; and
(5) A Contractor that intentionally violates Colorado Constitution Article XXVIII, Section 15 or
17(2), shall be ineligible to hold any sole source government contract, or public employment with the state or
any of its political subdivisions for three years; and
(6) By execution of this contract, Contractor hereby confirms it is qualified and eligible under
such provisions to enter into this contract.
(d) For purposes of this section, the term "Contractor" shall mean "Consultant" as defined in this
Agreement, and shall include persons that control ten percent or more shares or interest in Contractor, as well as
Contractor's officers, directors, and trustees. The term "immediate family member" shall include a spouse, child,
spouse's child, son -in -law, daughter -in -law, parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent,
parent -in -law, brother -in -law, sister -in -law, aunt, niece, nephew, guardian, or domestic partner. All other terms and
phrases used in this section shall have the meanings defined in Article XXVIII of the Colorado Constitution.
(e) In the event any provision of Article XXVIII of the Colorado Constitution is held to be unconstitutional
or otherwise invalid by a court of competent jurisdiction in a non - appealable action, has been repealed retroactively or
otherwise found to not apply to this contract or agreement, then the corresponding requirement or requirements of this
section shall have no further force and effect, and shall not constitute a requirement of this contract, as of the date of such
holding, declaration, repeal or determination.
SECTION 14. PERA LIABILITY
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
questionnaire attached as Exhibit A and submit the completed form to Client as part of the signed Agreement.
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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
ATTEST_:
City Cler
By
President of the City Council
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
All -Phase Environmental Consultants, Inc
By:
-
,
Name: Brandice Eslinger
Title: President
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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 Retiree who will
perform any services for the City of Pueblo? Yes_, No (Must sign below whether you answer `yes" or "no ".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor
or partnership, or 3) a business or company owned or operated by a PERA Retiree or an affiliated party? Yes No
If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your business:
(c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such
PERA Retiree.
Name
Address
Name
Address
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to
be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or
independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City
of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any
current or fixture contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied
the privilege of doing business with the City of Pueblo.
Signed 11 , 2009 .
Name: (Ct Y�c�t Ce_ C. 5 t rt.q ef
Title: 4 Sl A.q,&
For purposes of responding to question (b) above, 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 PERA Retiree by blood or
adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA
Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4)
any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for
the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation.
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SCHEDULE]
Scope of Services
ASBESTOS, METHAMPHETAMINE, AND MOLD INSPECTION SERVICES
At the direction of the Department, targets for inspections may include, but are not limited to asbestos containing building
materials, methamphetamine, and /or mold. The purpose of these building inspections will be to identify all requested targets
within the area of interest. Details regarding building inspections and analysis services are located in the RFP 09 -060 and are
summarized below:
Limited Scope Building Inspections — Perform limited scope building inspections and sampling of suspect target materials on
a specific portion of a building and /or a specific building material in support of City repairs, remodeling, and/or construction
activities.
Comprehensive Building Inspections — Perform comprehensive building inspections on a specific building and sampling of
suspect target materials in its entirety. It is anticipated that the City will use comprehensive building inspections in support of
major renovation activities, abatement project design, and cost estimating.
Building Demolition Inspections — Perform building demolition inspections on a specific building in its entirety or a specific
portion of a building in support of City demolition activities. The purpose of this type of inspection is for the City's demolition
contractor to obtain a demolition permit. The Consultant may, at the direction of the City be required to assist in the
preparation and completion of demolition permits. It is anticipated that the requested building inspection may employ
destructive methods in order to obtain access to suspected targets in accessible and normally inaccessible areas of the building.
Additional required building inspection procedures, laboratory analysis, and report formats are detailed below:
Inspection Requirements
State of Colorado certified building inspector (BI) shall conduct all building inspections performed by the Consultant for the
purpose of identifying asbestos containing materials.
An air quality professional familiar with mold inspection and sampling techniques shall conduct all building inspections and
sampling. Consultant's firni shall employ a hygienist certified by the American Board of Industrial Hygiene, herein after
referred to as a CIH, to review mold - sampling procedures prior to project sampling and shall deliver a report on the sampling
results.
An environmental professional familiar with building inspection and methamphetamine sampling techniques shall conduct a
preliminary building assessment, and if necessary, adopt the proper sampling protocols to determine the presence of, or the non-
presence of, methamphetamine contamination. Consultant's firm shall employ a CIH to review methamphetamine - sampling
procedures prior to project sampling and shall deliver a report on the sampling results.
Bulk sampling of suspected asbestos containing materials (ACM) shall be preformed in strict accordance with Asbestos Hazard
Emergency Response Act (AHERA) sampling procedures detailed in 40 Code of Federal Regulations (CFR) 763.86.
Bulk/surface mold samples shall be taken as recommended by the Colorado Department of Public Health and Environment
(CDPHE) Air Pollution Division by an environmental professional under the supervision of a CIH if required.
Bulk/surface methamphetamine samples shall be taken by an environmental professional under the supervision of a CIH, if
required, using sampling techniques as recommended by the Colorado Department of Public Health and Environment
(CDPHE), State Board of Health regulation 6 CCR 1014 -3. A laboratory listed in Appendix `B' of 6 CCR 1014 -3 shall be used
to complete the laboratory analysis of the samples.
Sample location field data shall include at a minimum if applicable; sample number; material description; sample location;
material condition; and in the case of suspect asbestos, friability.
All bulk sample locatirnis are to be noted on floor plans provided by the Department if available. If floor plans are not
available, the Consultant, with input and direction from the Department will be required to develop sample location drawings or
maps.
Depending on building usage and circumstances, building inspection activities may be required to be performed after hours
(e.g. after 5:00 pm and before 7:00 am) on weekends, or holidays.
Prior to conducting a building inspection of any scope, the Consultant shall review existing building records maintained by the
City.
Laboratory Analysis
Suspect ACM samples shall be analyzed by Polarized Light Microscopy (PLM) by a National Voluntary Laboratory
Accreditation Program (NVL,AP) accredited laboratory. Some bulk samples may require PLM /point count analyses in order to
achieve a higher analytical sensitivity.
All samples submitted for mold analysis shall be analyzed for presence of mold spores. Mold laboratories shall have the
capability to culture live mold. The analytical laboratory shall currently be certified with the American Industrial Hygienists
Association (AIHA) in the Environmental Microbiology Proficiency Analytical Testing Program (EMPAT).
All samples submitted for methamphetamine analysis shall be analyzed for presence of methamphetamine, iodine, lead, and
mercury vapor. The analytical laboratory shall currently be certified with the American Industrial Hygienists Association
(AIHA) and analysis of wipe samples and micro - vacuum samples for methamphetamine shall be conducted by a laboratory that
uses Forensic applications employing an Isotopic Dilution approach with the d -5, d -8, or d -14 deuterated methamphetamine as
an internal standard, and external calibration with authentic methamphetamine.
It shall be the sole responsibility of the Consultant to ensure that any laboratory conducting analysis on a City project is current
with its accreditation.
Report Preparation & Submittal — All building inspection reports shall at a minimum include the following:
Building name, address, and area(s) of the building inspected.
Certified BI's name, certification number, and certification expiration date.
A brief description of the building construction and mechanical systems
Date of inspection and date of report issuance
Bulk sample data shall be presented in a tabular form and contain the following information, at a minimum: sample number;
material description; sample location; material condition and friability. Bulk sample data sheets, chain of custody forms, and
analytical data shall be presented as attachments of appendices.
All sample locations are to be noted on drawings prepared by the Consultant and the drawings shall be included as attachment
or appendices.
ASBESTOS, METHAMPHETAN INE, AND MOLT) ABATEMENT DESIGN /OVERSIGHT, AND ASBESTOS
MANAGEMENT PLANNING SERVICES
Provide abatement design, oversight, asbestos release response services, asbestos management planning services, and asbestos
training services. Details regarding each of the services are located in the RFP 09 -060 and are summarized below:
Abatement Project Design — Provide abatement pro design services relative to target materials previously identified
inspection and testing. The services range from conceptual design for budget and planning purposes to comprehensive
abatement design in owner occupied buildings. Abatement project design services that meet the requirements include, but are
not limited to:
Conceptual Abatement Design — The purpose of conceptual design services will be to evaluate the technical feasibility of
available abatement technologies for specific application to the desired task.
-1?-
Budget Estimate Design — Based on conceptual design, development of budgetary cost estimates may be required for planning
purposes. These analyses shall consider work force availability, prevailing wage, seasonal considerations, site - specific
considerations, and in the case of asbestos abatement design projects, reinstallation of non -ACM insulation and/or fireproofing.
Abatement Design — These services shall include preparation of designs, plans, drawings, and specifications and shall be
provided by individuals certified in the state of Colorado with experience appropriate for the contracted task to include
architects, engineers and project designers.
Abatement Project Management and Oversight — Provide abatement project management and oversight services relative to
any of the previously identified target materials. Components of these services may include, but are not limited to:
Review all Contractor submittals as required by the abatement project design. These submittals may include per - construction
submittals, on -going project submittals, and project closeout submittals. Deficiencies are to be addressed to the Contractor for
correction.
Supervision/ inspection of City abatement contractors and work areas; day -to -day liaison; air sampling; and detailed
documentation of abatement project activities. The Consultant shall be required to perform the following types of inspections
in support of City asbestos abatement projects: pre- existing damage inspections (pre and post), at a minimum, daily work area
inspections, daily waste handling inspections, final visual inspections of work areas, and project close -out inspections.
Air Sampling — All Phase Contrast Microscopy (PCM) air sampling is to be performed by National Institute of Occupational
Safety and Health (NIOSH) 7400 method. Air sampling during abatement projects that the Consultant may be required to
perform includes; background, periodic, outside work area, inside work area, personal, and clearance. Results of all PCM air
sample analysis from asbestos abatement projects must be available to the Department with in 24 hours of sample collection
unless otherwise specified.
Mold Air Sample Analyses — All air sampling shall be conducted using an appropriate number of concurrent samples from both
inside and outside, utilizing an Air -o -Cell cassette with a minimum air flow as deemed appropriate by the Consultant. Sampling
shall also be performed as outlined in the American Conference of Governmental Industrial Hygienists (ACGIH) document
entitled Bioaerosols: Assessment and Control.
Abatement Oversight Report Preparation and Submittal — In addition to the requirements presented all abatement oversight
reports shall at a minimum, include the following information:
Building name, address, and detailed description of the abatement project.
The project manager name and certifications as applicable and appropriate.
A brief description of the building construction and mechanical systems
Date(s) of the abatement project
Air sample data, which shall be presented in tabular form and contain the following information, at a minimum: sample number;
sample date; sample description (exp. background, personal area, clearance); sample location; and results. Air sample data
sheets, chain of custody forms and analytical data shall be presented as appendices.
Bulk sample data shall be presented in tabular form and contain the following information, at a minimum: sample number;
material description; sample location; material condition; and friability. Bulk sample data sheets, chain of custody forms and
analytical data shall be presented as appendices.
All air and bulk sample locations are to noted on drawings prepared by the Consultant that shall be based on building floor
plans provided by the City. The Consultant prepared drawings shall be included as attachments or appendices.
Contractor submittals, such as worker certifications, asbestos abatement permit, regulatory inspection notifications, and waste
disposal manifests shall be presented as appendices.
For asbestos abatement project management and oversight reports, the Consultant shall also include the name of the PMS along
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with applicable certification number(s), and certificate expiration dates.
Asbestos Spill emergency Response Support — At the direction of the Department, the Consultant may be requested to
provide asbestos spill emergency response support services. Components of these services may include, but are not limited to:
Asbestos Spill Emergency Response and Management Oversight — The purpose of these services are to evaluate potential
asbestos spills, advise the Department of effective spill responses, document all release actions, and ensure compliance with all
applicable local, state and federal regulations.
Asbestos Spill Response Report Preparation & Submittal — All reports shall detail the spill incident and emergency response
efforts.
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SCHEDULE 2
Travel Charge per day (for CIH and AMS only)
char
$ 100
Per Diem per day (for CIH and AMS only)
$ 125
Asbestos Inspection Report Preparation per site
$ 100
Limited Asbestos Inspection per sample
$ 40
Comprehensive Asbestos Inspection per SQFT
.200
Demolition Asbestos Inspection per SQFT
.25 ¢
PM hourly rate
$ 75
BI hourly rate
$ 45
AMS hourly rate
$ 65
Asbestos Sampling with PLM Laboratory Analysis per sample
$ 15
Asbestos Sampling with Point Count Laboratory Analysis per sample
$ 35
PCM Air sampling per sample
$ 15
TEM Air sampling per sample
$ 42
Clearance sampling per sample
$ 42
24 hour expedited service charge per sample
$ 5
Clearance Report per dwelling
$ 150
Mold Inspection Report Preparation per site
$ 100
Mold Inspection per SQFT
.300
CIH hourly rate
$ 160
Air sampling per cassette (Mold)
$ 50
Methamphetamine Preliminary Building Assessment Report Preparation per site
$ 100
Methamphetamine Building Assessment per SQFT
.300
Methamphetamine Wipe Sample Analysis per sample
$ 110
Micro - Vacuum Sampling per sample
$ 120
Clearance single wipe sampling per sample
$ 110
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