HomeMy WebLinkAbout12976RESOLUTION NO. 12976
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO AND DESIGN
CONCEPTS CLA, INC. FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE PUEBLO NATURAL
RESOURCES AND ENVIRONMENTAL EDUCATION
COUNCIL “PLUG IN TO NATURE” PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The 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 Design Concepts is hereby approved.
SECTION 2.
Funds for said professional services shall be paid from a grant from Project No.
PL1305.
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: June 9, 2014
BY: Ami Nawrocki
COUNCILPERSON
City Clerk’s Office Item # M-2
Background Paper for Proposed
R
ESOLUTION
COUNCIL MEETING DATE:
June 9, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT:
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND DESIGN CONCEPTS CLA, INC. FOR PROFESSIONAL
SERVICES ASSOCIATED WITH THE PUEBLO NATURAL RESOURCES AND
ENVIRONMENTAL EDUCATION COUNCIL “PLUG IN TO NATURE” PROJECT
SUMMARY:
Attached is a Resolution for City Council consideration approving a Professional
Services Agreement with Design Concepts, CLA, Inc. for the Pueblo Natural Resources
and Environmental Education Council “Plug in to Nature” Project.
PREVIOUS COUNCIL ACTION:
City Council approved an Ordinance in July, 2012, establishing the Pueblo Natural
Resources and Environmental Education Council Plug in to Nature Project. Ordinance
8615 also budgeted and appropriated funds for the Project and approved the grant
contract from the Stated Board of the Great Outdoors Colorado Trust Fund.
BACKGROUND:
The Pueblo Natural Resource Environmental Education Council “Plug in to Nature” will
complete an analysis of the 18 square mile low-moderate income census blocks within
the City of Pueblo to determine the current levels of connectedness that youth and
families have to the outdoors and nature. The goal of the Project is to reveal gaps and
barriers that may prevent such connections and identify opportunities on which to build
in order to link more people within the Project area to nature.
This study will include surveys, community meetings, and focus group interviews as part
of the study assessment and analysis. A consultant team will complete an inventory
and assess current access to outdoor programs and facilities, analyze gaps in both
access to the outdoors and outdoor programming, and formulate strategies to overcome
cultural barriers resulting in better connections between youth, families, and nature. An
advisory committee has been organized utilizing Project participants previously involved
in the Pueblo Natural Resource Environmental Education Plan that was completed in
1997. The Project partners include the Pueblo City-County Health Department, Pueblo
Zoological Society, Bessemer Neighborhood and Eastside Neighborhood Associations,
Environmental Center, City Parks and Recreation Department, Nature and Raptor
Center of Pueblo, and Colorado Parks and Wildlife. A professional facilitator will be
utilized to engage youth to find solutions to connect with the outdoors.
The result of the study will be to develop strategies based on the residents’ satisfaction,
accessibility, and suggested improvements needed to improve connections with the
outdoors and nature. The plan will establish measurement tools to evaluate the
performance of the Project implementation over time.
FINANCIAL IMPLICATIONS:
Ordinance 8615, approved July 22, 2013, budgeted and appropriated $51,000 in funds
for said Project and transferred $6,000, required as the local match, from City Council
Contingency Funds to the PNREEC Plug-in to Nature Project. The grant contract
requires $9,000 of in-kind services to be provided by the project partners to assist with
the completion of the Project. The breakdown of in-kind expenses is as follows:
EntityTask In-Kind Value
Pueblo County GIS Mapping $3,010.00
Pueblo City-County Health Department Volunteers $ 900.00
Nature & Raptor Center Volunteers $ 900.00
Pueblo Zoo Volunteers $ 900.00
Mountain Park Environmental Center Volunteers $ 900.00
City of Pueblo Printing $ 390.00
Pueblo City-County Health Dept Meeting Room $2,000.00
In-Kind Total $9,000.00
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
The project stakeholders participated in reviewing the three proposals that the City
received for the Plug in to Nature Project.
ALTERNATIVES:
Not Applicable
RECOMMENDATION:
Approve the Resolution.
Attachments:
Agreement for Professional Services
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 9th day of June , 20 14 by and between Pueblo, a
Municipal Corporation ( "Client ") and Design Concepts CLA, Inc._(hereinafter referred to as "Consultant ") for
Consultant to render professional Consulting services for Client with respect to The Pueblo Natural Resources and
Environmental Education Council "Plug in to Nature" Project 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 professional Consulting services 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 fully responsible for the full performance and quality of services performed by such
subcontractors or subconsultants as it is for services 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.
SECTION 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 action, 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) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule 1 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.
May 2014 Page 1 of 7
•
SECTION 3. FEES FOR SERVICES; PAYMENT.
(a) Client 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,
the maximum sum of U.S. $45,000, 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).
(f) 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 examine 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.
(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 or Consultant 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
May 2014 Page 2 of 7
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) Final plans, drawings, designs, specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the 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. Consultant
may only publish final approved documents 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.
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. The Consultant shall secure and maintain during the
period of this agreement /contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the contractor with respect to all
May 2014 Page 3 of 7
work performed by him and all his subcontractors under the agreement/ contract, to be written on a
comprehensive policy form. This insurance shall be written in amounts not less than $1,000,000 for each
occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each
occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its
agents, officers and employees as additional insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards, underground property damage hazard,
blanket contractual coverage, as well as Owner's and Contractor's Protective Liability (OCP) coverage. The
policy shall also provide coverage for contractual liability assumed by Contractor under the provisions of the
Agreement /Contract, and "Completed Operations and Projects Liability" coverage.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible of not more than $15,000.00.
(iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain
during the period of the agreement/contract and for such additional time as work on the project is being
performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of
liability for and injury to one person in any single occurrence of not less than $350,000 and for any injury to two
or more persons in any single occurrence of not less than $1.000,000. 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 site of the project of automobiles, trucks, tractors, backhoes and similar equipment
whether owned, leased, hired or used by Consultant.
(c) Consultant agrees to hold harmless, 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 only party 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 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.
SECTION 10. 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:
Scott Hobson, Assistant City Manager for Community Investment, 211 E. D Street, Pueblo, Colorado, 81003, or to
Consultant at 211 North Public Road, Suite 200, Lafayette, CO 80026. 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.
(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
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(III) 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. Terminate 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.
(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. Reserved.
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.
SECTION 15. MISCELLANEOUS PROVISIONS
(a) Third -Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with
or a cause of action in favor of a third party against either the Owner or the Consultant. The Consultant's services under
this Agreement are being performed solely for the Owner's benefit, and no other party or entity shall have any claim
against the Consultant because of this Agreement or the performance or nonperformance of services hereunder.
(b) Corporate Protection for Breach of Contract. It is intended by the parties to this Agreement that the
Consultant's services in connection with the Project shall not subject the Consultant's individual employees, officers or
directors to any personal legal exposure for violation of this Agreement. Therefore, and notwithstanding anything to the
contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit for
breach of this Agreement shall be directed and /or asserted only against the Consultant, a Colorado corporation, and not
against any of the Consultant's individual employees, officers or directors.
(c) Consequential Damages for Breach of Contract. Notwithstanding any other provision of this Agreement,
and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors,
partners, employees, contractors or sub - consultants shall be liable to the other or shall make any claim for any incidental,
indirect or consequential damages for breach of this Agreement. This mutual waiver of consequential damages shall
include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other
consequential damages resulting from a breach of this Agreement.
(Signature page follows)
May 2014 Page 6 of 7
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 DESIGN CO/ EPTS CL • , INC.
Ai fr. _
By a /_.t &i_—;I Y l$/ 1, y . B . //`.... — _.J
Press s ent of the City Council f ; J r,
Attest: ♦ CZ - — Title: PC)")"-C-10 a '
City k
[SEAL].
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
&bon , do/ W—
Director of Finance
APPROVED AS TO FORM:
>$1•1>%- . 17'ot/iid--e---
City Attorney
May2014 Page7of7