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HomeMy WebLinkAbout12905RESOLUTION NO. 12905 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND MATRIX DESIGN GROUP FOR PROFESSIONAL SERVICES ASSOCIATED TH WITH THE EAST 4 STREET ENHANCEMENT DESIGN AND CONSTRUCTION DOCUMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An Agreement, a copy of which is attached hereto, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and Matrix Design Group is hereby approved. SECTION 2. Funds for said professional services shall be paid from a grant from Project No. PL1303. SECTION 3. The President of the City Council is hereby authorized to execute said Agreement on behalf of the City of Pueblo and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached instruments to effectuate the transactions described therein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: _ MARCH 10, 2014________ BY: Ami Nawrocki COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: MARCH 10, 2014 AGENDA ITEM # M-1 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT STEVEN MEIER, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND MATRIX DESIGN GROUP FOR PROFESSIONAL SERVICES ASSOCIATED TH WITH THE EAST 4 STREET ENHANCEMENT DESIGN AND CONSTRUCTION DOCUMENTS PROJECT ISSUE Should City Council enter into an agreement with Matrix Design Group for the design, th engineering, and development of construction documents for the East 4 Street Design and Construction Documents Project? RECOMMENDATION Approval of this Resolution. BACKGROUND th The East 4 Street Enhancement Design and Construction Document Project is a multifaceted project that includes planning and engineering for aesthetic improvements th and increased safety measures for pedestrian and vehicular traffic along East 4 Street. th All improvements will be located within the East 4 Street (State Highway 96) right-of- way extending east from Erie Avenue to Hudson Avenue. The Project includes the th survey, design, and completion of construction documents for the declining East 4 Street commercial corridor. The City of Pueblo is currently partnering with the Colorado Department of Transportation to secure funding to implement the plan’s recommendations for safety improvements, which will include improved crosswalks and lighting. The City advertised a Request for Proposals and received responses from four firms. A selection committee evaluated the proposals and deemed Matrix Design Group as the most qualified. FINANCIAL IMPACT th The total cost of professional services is $90,015 and will be paid from the East 4 Street Enhancement Planning and Engineering Project, No. PL1303. STANDARD FORM OF AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered this 28th day of February, 2014 by and between the City of Pueblo, a Municipal Corporation (hereinafter "Owner ") and Matrix Design Group, Inc. , a professional consulting firm (hereinafter "Consultant ") for Consultant to render certain professional consulting and related services for Owner in connection with East 4`" Street Enhancement Design and Construction , hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL. 1.1 Consultant shall satisfactorily perform professional consulting services for all phases of Project indicated below by mark placed in the appropriate box or boxes: [X) - Study and Report Phase [X ] - Preliminary Design (Schematic) Phase [X ] - Final Design Phase [X ] - Construction and Bidding Documents Upon completion of any phase, Consultant shall not proceed with work on the next phase, if any, until authorized in writing by Owner to proceed therewith. Such services shall include all usual and customary professional consulting services and the furnishing (directly or through its professional consultants) of customary and usual civil, structural, mechanical, electrical consulting, environmental, and planning services. Engineer shall also provide any landscape engineering, surveying and geotechnical services incident to its work on the Project. 1.2 In performing the professional services, Consultant shall complete the work items described generally in Appendix A — Scope of Services and Appendix B- Fee Schedule and the items identified in Section 2 of this Agreement which are applicable to each phase for which Consultant is to render professional services. 1.3 Professional engineering services (whether furnished directly or through a professional consultant subcontract) shall be performed under the direction and supervision of a registered engineer in good standing and duly licensed to practice in the State of Colorado. Reproductions of final drawings for construction produced under this Agreement shall be the same as at least one record set which shall be furnished to Owner and which shall be signed by and bear the seal of such registered engineer. 1.4 Surveying work included within or reasonably contemplated by this Agreement shall be performed under the direction and supervision of a registered Professional Land Surveyor in good standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under this Agreement shall be signed by and bear the seal of said Professional Land Surveyor. 1.5 Any landscape architectural services provided under this Agreement shall be performed under the direction and supervision of a landscape architect licensed to practice architecture in the state of Colorado. 1 (f) Consultant shall furnish 6 hardcopies and 1 digital copy of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.3 Final Design Phase. Consultant is to provide professional services with respect to the Project during the Final Design Phase, Consultant shall: (a) After consultation with the Owner, receipt of Owner's selection of any design options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final Drawings showing the scope, extent and character of the work to be performed by contractors, and Specifications describing such work and the requirement therefore. Such plans and Specifications shall comply with all applicable building codes and requirements of regulatory agencies having any approval authority. Final design, including Drawings and Specifications, shall also comply with the 2010 ADA Standards for Accessible Design as published by the Department of Justice in the Federal Register on September 15, 2010. Consultant shall include an attest statement on each record drawing sheet of final plan drawings that certifies compliance with the 2010 ADA Standards. (b) Make reasonable revisions to the Drawings and Specifications requested by Owner, informing the Owner of any change in probable construction costs as a result of such revisions. (c) Provide technical criteria, written descriptions and design data for Owner's use, and disclose any significant risks and advantages /disadvantages inherent in or presented by design choices. (d) Based upon Consultant's best professional judgment, prepare and submit to Owner a current detailed cost estimate for the Project including construction cost, contingencies, professional compensation, consultant fees, land and right of way costs, damages and finance costs, if any. (e) Consultant shall furnish 6 hardcopies and 1 digital copy of each above referenced submittal document to Owner for Owner's use, and shall review same in person with Owner. 2.4 Construction and Bidding Documents. If Consultant is to provide professional services with respect to the Construction and Bidding Documents, Consultant shall: (a) Prepare and submit to Owner draft forms of contract agreement, general and special conditions, bid forms invitations to bid, information for bidders, forms of warranty and including any special requirements imposed upon such contracts by any federal or other funding source and by any regulatory agency. In preparing such draft forms, Consultant shall consider and incorporate, to the extent both advisable and feasible, owner's standard forms of agreement, warranty, payment and performance bonds, general conditions and selected specifications. (b) After review and comment by Owner, prepare and submit all deliverables identified in Appendix A to this Agreement, final forms of contract agreement, general and special conditions, drawings, specifications, bid forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of changes. Three (3) hardcopies and 1 digital copy of the final bid documents shall be furnished to Owner. The digital copy of the bid documents shall include PDF construction drawings printable in full size (24 "x36 ") at a 20 inch scale and half size (11 "x17 ") at a 40 inch scale. Unless otherwise specified in Appendix A, a copy of all contract documents and drawings shall also be submitted to Owner in Microsoft Word and AutoCADD (2013 or later version) format on electronic media. 2.5 Additional Responsibilities. This paragraph applies to all phases of Consultant's work. 3 (a) Consultant shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Consultant's work, including that performed by Consultant's sub - consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his or her work. (b) Consultant shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute. (c) Consultant's professional responsibility shall comply with the standard of care applicable to the type of consulting and architectural services provided, commensurate with the size, scope and nature of the Project. (d) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Consultant's employees. (e) Consultant acknowledges that, due to the nature of consulting and related professional services and the impact of same on the Project, the Owner 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 Consultant has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility ", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Consultant will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Consultant shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Consultant shall designate in writing a Project representative who shall have complete authority to bind Consultant, and to whom Owner should address communications. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Consultant shall submit to Owner for approval a schedule showing the order in which Consultant proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Consultant will not be responsible for delays beyond his control. (g) Before undertaking any work which Consultant considers beyond or in addition to the scope of work and services which Consultant has contractually agreed to perform under the terms of this Agreement, Consultant shall advise Owner in writing (i) that Consultant considers the work beyond the scope of this Agreement, (ii) the reasons the 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 such out of scope or additional work until authorized in writing by Owner. 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 his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ". 4 2.6 Requirements Where Federal Assistance Provided. (a) Consultant understands that Owner will be funding the Project in part or in whole by a grant or loan from the Federal Highway Administration (the "Federal Agency "). Consultant agrees it is subject to and shall comply with all applicable grant or loan conditions and the regulations of the Federal Agency which apply to the work under this Agreement, whether referenced in Appendix A or not. All applicable loan or grant conditions and regulations of the Federal Agency and regulations are incorporated into this Agreement by reference. SECTION 3. OWNER'S RESPONSIBILITIES 3.1 Owner shall: (a) Designate a representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal policy. (b) Advise Consultant of Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Consultant with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Consultant to have access to enter private and public property as required for Consultant to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Consultant, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental consulting work or materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. (f) Upon advice of the necessity to do so from Consultant, obtain required approvals and permits for the Project. The Consultant shall provide all supportive documents and exhibits necessary for obtaining said approvals and permits. (g) Notify Consultant whenever Owner becomes aware of any substantial development or occurrence which materially affects the scope or timing of Consultant's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 45 days shall be presumed reasonable for Owner to act with respect to any matter involving policy or significant financial impact. 5 • SECTION 4. TIME FOR PERFORMANCE. Consultant's obligation to render services shall continue for such period of time as may reasonably be required for completion of the work contemplated in Appendix A - Scope of Services and Section 1 of this Agreement. SECTION 5. PAYMENT. 5.1 Owner will pay to Consultant as full 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, an amount not to exceed $ 90,015 in the aggregate, and not to exceed those maximum amounts set forth in Appendix B - "Fee Schedule" and computed in accordance with this Section. In the event compensation for services is set forth in Appendix B as to each phase of work indicated in Section 1.1 of this Agreement, the maximum amount of compensation for any phase shall not exceed the amount specified in Appendix B for such phase 5.2 Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount, for actual professional services rendered and reimbursable expenses incurred. Such applications shall be submitted with appropriate documentation that such services have been performed and expenses incurred. Thereafter, Owner shall pay Consultant for the amount of the application within 40 days of the date of billing, provided that sufficient documentation has been furnished, and further provided that Owner will not be required to pay more than 90% of the maximum amount unless the Consultant's services on the Project phases for which this Agreement is applicable have been completed to Owner's reasonable satisfaction and all required Consultant submittals have been provided. 5.3 The rates of compensation for service and for reimbursable expenses to be used with periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule." 5.4 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 Appendix B - "Fee Schedule." 5.5 No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. 5.6 Compensation for authorized work beyond the scope of this Agreement shall be governed by Paragraph 2.5(g). SECTION 6. TERMINATION. 6.1 The Owner 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 shall cease all work and stop incurring expenses, and shall promptly deliver to the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other information, and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. 6.2 Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Appendix B - "Fee Schedule" for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of 6 termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Owner or Consultant. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in paragraph 5.1 and Appendix B. 6.3 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 services with that level of care and skill ordinarily exercised by professional Consultants specializing in the design of streetscapes or to perform work in a manner deemed unsatisfactory by Owner's Director of Public Works, then in that event, Consultant's entire right to compensation shall be limited to the reasonable value of completed work to the Owner as determined by Owner's Director of Public Works for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 6.4 Consultant's professional responsibility for his completed work and services shall survive any termination. SECTION 7. GENERAL PROVISIONS. 7.1 (a) Ownership of Documents. All designs, Drawings, Specifications, technical data, and other documents or instruments procured or produced by the Consultant in the performance of this Agreement shall be the sole property of the Owner and the Owner is vested with all rights therein of whatever kind and however created, whether created by common law, statutory law, or by equity. The Consultant agrees that the Owner shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or Specifications provided hereunder for another project independent from Project, without adaptation by Consultant, Owner shall hold harmless and indemnify Consultant from all loss, claims, injury and judgments arising from the use of such designs, Drawings or Specifications for such other project. (b) Advertising. Unless specifically approved in advance in writing by Owner, Consultant shall not include representations of the Project in any advertizing or promotional materials, except for accurate statements contained in resumes or curriculum vitae of Consultant's employees. If Consultant wishes to include representations in advertising or promotional materials, it shall submit a draft of same and printer's proof of the proposed advertising or promotional materials to the Owner for prior review and shall not publish or distribute same unless written approval of the materials is first obtained. 7.2 Insurance and Indemnity. (a) Consultant agrees that he has procured and will maintain during the term of this Agreement, such insurance as will protect him from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of his employees or of any person other than his 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. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than One Million and No /100 Dollars ($1,000,000.00) per person and per occurrence for personal 7 injury, including but not limited to death and bodily injury, One Million and No /100 Dollars ($1,000,000.00) per occurrence for property damage, and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability. (iii) Professional Liability Insurance in amounts and form acceptable to Owner, and with a deductible not exceeding $100,000.00. (c) Consultant agrees to hold harmless, defend and indemnify Owner from and against any liability to third parties, arising out of negligent acts, errors or omissions of Consultant, his employees, subcontractors and consultants. 7.3 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 the Owner or the Consultant 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 Owner, Attention: Earl Wilkinson, Department of Public Works, 211 E. "D" Street, Pueblo, Colorado, or to the Consultant at 503 N. Main Street, Suite 27, Pueblo, CO 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 manner provided in this paragraph. 7.4 Entire Agreement. This instrument contains the entire agreement between the Owner and the Consultant respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either the Owner or the Consultant in relation thereto not expressly set forth in this instrument is null and void. In the event of any conflict between any provision of this Agreement and a provision of any Appendix or attachment to this Agreement, the provision in this Agreement shall control and supersede the conflicting provision in the Appendix or attachment. Any inconsistent resolution provision in any attachment to this Agreement shall be void. 7.5 Successors and Assigns. This Agreement shall be binding on the parties hereto and on their partners, heirs, executors, administrators, successors, and assigns; provided, however, that neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the Consultant may be assigned by him without the written consent of the Owner. 7.6 Amendments. 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 Owner's Director of Public Works. 7.7 Choice of Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. 7.8 Equal Employment Opportunity. In connection with the performance of this Agreement, Consultant shall not 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. 7.9 Severability. If any provision of this Agreement, except for Section 2.5, 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 2.5 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. 8 • 7.10 Appropriations. Subject to execution of this Agreement by the Director of Finance certifying that a balance of appropriation exists and funds are available, the amount of money appropriated for this Agreement is equal to or in excess of the maximum compensation payable hereunder; provided, however, that if construction is phased and subject to annual appropriation, funds only in the amount of initial appropriation are available and Consultant shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. 7.11 Additional Requirements on Federally Funded Contracts. If any of the work to be performed by Consultant under this Agreement is funded in whole or in part with federal funds, then this Agreement shall be construed to include all applicable terms required by the federal assistance agreement and integrated federal regulations. By executing this Agreement, Consultant agrees to be bound by all such mandatory federal requirements, irrespective of Consultant's actual knowledge or lack of knowledge of such requirements prior to execution of this Agreement. 7.12 Access to Property Not Under Owner's Control. Consultant acknowledges that the Project may require access to property not under the control of Owner at the time of execution of this Agreement. Consultant and Consultant's employees and consultants shall, at Consultant's expense, obtain all additional necessary approvals and clearances required for access to such property. Owner shall assist Consultant in obtaining access to such property at reasonable times but make no warranty or representation whatsoever regarding access to such property. Consultant understands and agrees that entry to properties not under Owner's control may require Consultant to comply with the terms of separate access agreements to be negotiated hereafter with owners of such property. SECTION 8. DISPUTES. 8.1 Any dispute or disagreement between Consultant and Owner arising from or relating to this Agreement or Consultant's services or right to payment hereunder shall be determined and decided by the Owner's Director of Public Works whose written decision shall be final and binding unless judicial review is sought in a Colorado Court of competent jurisdiction pursuant to Rule 106, C.R.C.P. 8.2 Pending resolution of any dispute or disagreement, or judicial review, Consultant shall proceed diligently with performance of his work under this Agreement. SECTION 9. APPENDICES. 9.1 The following Appendices are attached to and made a part of this Agreement: Appendix A - "Scope of Services" consisting of _ four pages. Appendix B - "Fee Schedule" consisting of one page. Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility." SECTION 10. ACCESSIBILITY. The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Consultant therefore, will use his or her best reasonable professional efforts to implement applicable ADA requirements and other federal, state and local laws, rules codes, ordinances and regulations as they apply to the Project. 9 SECTION 11 — STATE- IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement, Consultant shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that the Consultant will participate in either the "E- Verify Program" created in Public Law 208, 104 Congress, as amended and expanded in Public Law 156, 108 Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to section 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 Agreement. (b) Consultant 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 Consultant 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 Consultant shall have confirmed or attempted to confirm the employment eligibility of all of its employees who are newly hired for employment to perform work under this Agreement through participation in either the E- Verify Program or the Department Program. (II) The Consultant is prohibited from using the E- Verify Program or Department Program procedures to undertake pre - employment screening of job applicants while this Agreement is being performed. (III) If the Consultant obtains actual knowledge that a subconsultant performing work under this Agreement knowingly employs or contracts with an illegal alien to perform work under this Agreement, the Consultant shall be required to: A. Notify the subconsultant and the Purchasing Agent of the City within three (3) days that the Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subconsultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subconsultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the subconsultant if, during such three (3) days, the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. (IV) The Consultant 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. 10 (d) Violation of this Section by the Consultant shall constitute a breach of contract and grounds for termination. In the event of such termination, the Consultant shall be liable for Owner's actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Consultant to violate any terms of participation in the E- Verify Program. (f) Violation of this Section 11 by the Consultant shall constitute a breach of contract and grounds for termination. In the event of such termination, the Consultant shall be liable for Owner's actual and consequential damages. (g) As used in this Section 11, the term "subconsultant" shall mean any subconsultant or subcontractor of Consultant rendering services with the scope of this Agreement. SECTION 12. PERA LIABILITY The Contractor 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 Contractor shall fill out the questionnaire attached as Exhibit 1 and submit the completed form to City as part of the signed Agreement. SECTION 13. Reserved (Signature page follows) 11 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 CON . 'ANT Name: _. , By th By - — .04 mss. President of the City Council a4,-- Aitfa...-- Title: ,- Attest: City CI [SEA'L.] BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE. kbatth wloi'll' � d f 2irector of Finance APPROVED AS TO FORM: '61/1/1.t.tjt4 . 1 V City Attorney 12 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 X . (Must sign below whether you answer "yes" or "no ") (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No X . If you answered "yes" please state which of the above entities 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 Social Security Number Name Address 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 future 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 or doing business w' e City of Pueblo. Signed Date: March 03 Company Name: a't Design G Signature: _ _ /� Signer's Name: Eric W. mith Signer's "Title:, Vice President 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. SCOPE OF WORK FOR CONSTRUCTION DOCUMENTS FOR 4 Street Enhancement Project The following scope of work is for the preparation of construction documents for 4 Street Avenue between Erie Avenue and Hudson Avenue. This scope of work is applicable for the street section enveloped in the 4th Street Right of Way and adjacent side streets to the alley. The scope of work is broken into Project Coordination, Preliminary Design, Final Design and Construction Documents. Study and Report Phase • Matrix will conduct project coordination meetings with City staff on a regular basis through the duration of the project. This task includes two Matrix staff members attending progress meetings with City representatives over the course of the project effort to include two meetings each for the Project Kick -Off /Initial Coordination phase, the Preliminary Design phase, the Final Design phase, and the Construction Document phase as well as a meeting to coordinate with CDOT. This will include nine (9) meetings total and assumes meetings will last two hours each. Important decisions from progress meetings will be documented and included in meeting minutes summaries prepared after each meeting. Eight (8) hours of staff time are also included to cover the preparation and distribution of meeting minutes. • Matrix will also prepare exhibits for and attend two public informational meetings. Matrix assumes that twenty eight (28) hours of exhibit preparation, meeting, and follow -up time will be needed for each open house. A total of fifty -six (56) hours is proposed for this task. • It is assumed that coordination with outside entities such as property owners and CDOT will be accommodated within the standard progress meetings. Should additional coordination meetings with external stakeholders such as Urban Renewal or CDOT be required, Matrix will provide a separate scope of work for that time and effort. Survey /Utilities Coordination • Utilities Coordination. Matrix will sub - consult with Northstar Engineering to coordinate with the following utility agencies to gather existing information and location data, mapping (if available) and adjustment expectations by the affected agency /company: A. Pueblo Wastewater E. Black Hills Energy (Electrical) Department F. XCEL Gas B. Pueblo Board of Waterworks G. City Stormwater /Wastewater C. Comcast H. City Traffic D. Qwest /Century Link • Base Mapping. Matrix will sub - consult with Edward James Surveying to prepare a design survey of 4th Street from the intersection of Erie Avenue to the intersection of Hudson Avenue. At each street intersection, the survey will extend 100' north and south from the centerline of 4th street and 20' north and south at alleys, as well as 100' west of Erie and 100' east of Hudson respectively. The survey will consist of the location of all visible features and contouring. The survey will also include building corners within that have frontage to the street Right -of -Way and elevations shots at entry doors. The survey will also locate visible utilities as marked on the ground and measure inverts of existing storm and sanitary manholes. Scope of Work — 4 Street Enhancement Project 1/29/14 Page 2 of 4 • Right of Way /Ownership Map. Matrix will sub - consult with Edward James Surveying to survey existing centerline monumentation and prepare an ownership map showing the right -of -way of 4` street from Erie Avenue to Hudson Avenue. This map will also show as- platted lots adjacent to the right -of -way with owner's names. Temporary Easements that may be needed for the project will be shown on the roadway plans. The Pueblo County Assessor's website will be used to determine ownership. The existing centerline monumentation is located in existing drive lanes under the asphalt, therefore, the budget includes a one -time traffic control set -up to detour traffic while the monuments are exposed and located. No new survey monuments or property corners will be set for this survey. Preliminary Design Phase • Geometric Layouts. Matrix will prepare a preliminary geometric layout on a roll plot that depicts the horizontal and vertical design and layout of the street for the project limits. The geometric layout will be based upon the concept design included in the RFP provided by the City. The roll plot will be prepared one time for review prior to preparing preliminary design documents and include key design elements to be included in the ultimate project design. The roll plot will also include the anticipated typical section for the project. This sub -task will include thirty -nine (39) hours of staff time. • Civil Engineering /Design. Matrix will conduct preliminary general civil engineering design to that addresses traffic, drainage, urban design and pedestrian features. This task is intended to focus on specific design issues such as profile grades at intersections, identification of drainage inlet locations (note that stormwater modeling is not included). The City staff will coordinate site and parking issues if required for the project with individual property and business owners. This task will be completed preparatory to the preparation of the preliminary design documents. Based on City comments provided during scope discussions, this task includes only modifications to /relocations of existing inlets and upsizing of existing laterals to 18" minimum diameter. Should this task require design efforts in excess of budgeted time shown in the fee summary table, Matrix will provide a separate scope of work for that time and effort. Forty -four (44) total hours of effort are expected for this task. • Preliminary Civil /Traffic Plan Preparation. Matrix will prepare preliminary street design documents to a 50% completion level for 4 Street between Erie Avenue and Hudson Avenue. The following sheets will be included in the plan set (expected number of sheets shown in parenthesis): o Title Sheet (1) o General Notes and Abbreviations (1) o Preliminary Typical Roadway Section (1) o Preliminary Removal /Demolition Plan (2) o Preliminary Roadway Plan and Profile (2) o Preliminary Roadway Details (2) o Preliminary Utility Adjustment Plan (4) • Scope of Work — 4 Street Enhancement Project 1/29/14 Page 3 of 4 o Preliminary Storm Drain Plan and Profile (4) o Preliminary Signing and Striping Plan Sheet (2) o Preliminary Traffic Signal Plan Sheets (2) o Preliminary Roadway Cross Sections (12) o Urban Design Plan documents (12) , including: • Landscape /Planting Plan • Irrigation Plan • Lighting and Site Improvement Plan The preliminary street design plans will be prepared one time and will be submitted to the City and known private franchise utilities for one (1) review and comment period. It is expected that the City will review the preliminary design documents for a period of three weeks and that a single review period will be all that is required. Forty -nine (49) total hours of effort are expected for this task. • Preliminary Cost Opinion. A preliminary design level opinion of probable project cost will be prepared. The cost opinion will include probable construction costs for the project. Appropriate cost contingencies will be applied. Five (5) total hours of effort are expected for this task. Final Design Phase o Civil Engineering /Design. Matrix will conduct final general civil engineering design to make revisions to the preliminary design to accommodate traffic signal, drainage and pedestrian features. This task is included to focus on specific design issues that will need refinement such as urban design elements, traffic signal pole locations, profile grades and identification of drainage inlet locations. As indicated in Task A.5, storm sewer system improvements for this project shall consist of modifications to /relocations of existing inlets and upsizing of existing laterals to 18" minimum diameter. If significant loss of system capacity results from proposed streetscape improvements, direction regarding flow routing alternatives will be discussed with City Stormwater Department Staff and additional services may be required. This Task does not include the design of any off -site stormwater system improvements. Based on proposed layout and sizing of storm sewer improvements in the preliminary design task, potential utility conflicts will be identified and may require "potholing" which is not presently included in the scope of work. This task will be completed prior to the preparation of the final design documents and includes one hundred thirty two (132) hours of staff time. Should this task require design efforts in excess of the proposed hours of staff time, Matrix will provide a separate scope of work for that time and effort. • Final Civil /Traffic Plan Documents. The final roadway design document task will involve the preparation of final street design documents to a 90% completion level including the following sheets (anticipated number of sheets shown in parenthesis): o Title Sheet (1) o Summary of Approximate Quantities (1) o General Notes and Abbreviations (1) o Final Typical Roadway Sections (1) Scope of Work — 4 Street Enhancement Project 1/29/14 Page 4 of 4 o Final Demolition Plan (2) o Final Roadway Plan and Profile (2) (temporary easements that may be needed for the project will be shown on the roadway plans o Final Storm Drain Plan and Profile (4) o Final Intersection Plan Sheet (3) o Preliminary Traffic Signal Plan Sheets (2) o Preliminary Roadway Cross Sections (12) o Urban Design Plan documents (12) , including: • Landscape /Planting Plan • Irrigation Plan • Lighting and Site Improvement Plan o Final Signing and Striping Plan Sheet (2) o Final Roadway Cross Sections (12) The final street design plans will be prepared one time and will be submitted to the City and known private franchise utilities for one (1) review and comment period. It is expected that the City will review the final design for a period of three weeks and that a single review meeting will be held one time. Ninety -six (96) total hours of effort are expected for this task. • Specifications. A draft final project specifications document will be prepared for the project that is representative of the work items included on the above listed plan sheets. It will address specific project specifications not already addressed with the standard City specifications or general conditions. It will also include project special provisions and project general conditions. The specifications manual will be prepared one time for review. Seven (7) total hours of effort are expected for this sub -task. • Final Cost Opinion. A final design level opinion of probable project cost will be prepared. The cost opinion will include probable construction costs for the project. Appropriate cost contingencies will be applied. Six (6) total hours of effort are expected for this task. Final Construction Documents Matrix will prepare the complete Final Construction Documents including Project Specifications. The construction documents will incorporate proposed urban and street design elements, on -site drainage system improvements and utility relocations onto project base - mapping construction documents. Information to be incorporated onto base mapping for proposed improvements will include horizontal /locational data (station /offset), vertical elevations, size, etc. The project document list will include those drawings as identified above in the Final Design Phase. Seventy -six (76) total hours of effort are expected for this task. • • s O.� 1• g m yr 4 If a ' D $ a °o „ o i fl LL u p O Y t � O i ' } . Li " N r tmn W dui 'a '^ a, u F- 6 I.A * k n i a wt 1 ' tr I a I:.4 a v { 114 dL ¢ Lt vl f w N O 7 0 0 0 0 0 0 M ni 1 a . " i. ' qtr d 1 1 : , ■NM4 1 t N ..;4 ti N tO R R 00 ry R V .- d' G m .�-1 ' e l Itl''':.'," f.-.-,, e t Fi N 4 .. m N v ` f • `%• ti 00 00 r m �`� n N ti .� as ` N � i a w c m o x { 3 r y 4 � WP .. 4, 1' ` t- ` „-,1 # b ”. * r 1 { 1 ' t''' ti^a' ` P FF } � 77 s , a a -' V^ I > f n �{ yt z > w E ' rs ;t, 1 *, Il 1 T \o. o� . a o� a aQ * e de * * e� N lk a g o 00 t N lO '_ I O O T 1O r l N T N yl a +O 1p OR _ d % % % 41 R O N �'�Z M O O Q. LO , W O N '" '"t 00 q ! ^t E. r� ,` S ■ #"' f c , ', ff J m3 a �. 5 ', M N 1/1 6 N R N {l M R V M T* N..›,17.1,0 N Y ^ o 44 J j 1 !� O Vl N , O N �, n vl V OC W �•1 pp 000010 1A LA w O 1/1 a N 1^ N pp N A M Ip m m� 1+ � 'n m p R pp N, 13:1"; m O "� ;, £' N t H' a m a tO € { R R t0 .-t O sO Z k Q Vs N R , vl Vl N i^ F' : ; a^ ~ k_ R m k^ l^ 00 ,', N N w m M v 01 O y fy # '� F c U c �•., N N h ,• >n to VY . N 4� N y � .� Vf '4'1 l N� � N IM1 '''8. K � pi + Fs ,,. ``', F yi ^ N a t$'gt t I O q w V- O A Ri 11111112 L �1 � i i131 O Z } y d 1 , , 1 - m 4 ? f m o Q 0. v .. te. P, o o. o a o . t o ,� F X I +1 L t C. O C C to z c a 5 - 2 y .. a j i ° 1 + m E 1111 a a c c n no c 1 1 1 ! 2 0p ° O c u a '� o U � u a n.�{� } r�'F U ul 1a U __ L ' ,.,,, - 1 s Y �^�+ .'3 y "d 5 i } 4" `�"Y }t 7 i ,�Z' "+� 1:, ' ° rn'f�'�vi ht � ,2 ?e 1% vxb k � ``''t `' . a 3 # 1'i a � l a"+ a) 90 ' T t W ^a, a r L�. .i L 3- C.. , . �r2#. »' Appendix C. Identification of Personnel, Subcontractors and Task Responsibility Firm Name Task Matrix Design Group Gerrit Slatter Project Management Bob Eck Landscape /Urban Design Dave Tusler Roadway Design Teresa Roberson Landscape Design Brian Bern Traffic Engineering Edward James Surveying Edward Fisher Surveying /Right of Way Northstar Engineering Mike Cuppy Stormwater /Utilities Design /Coord