HomeMy WebLinkAbout13108RESOLUTION NO. 13108
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
MATRIX DESIGN GROUP, INC. FOR DEVELOPMENT REVIEW
SERVICES FOR THE PUEBLO SPRINGS RANCH
ANNEXATION – PROJECT NO. 14-068, IN THE AMOUNT OF
$94,480, AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
WHEREAS, proposals were received for Development Review Services for the Pueblo
Springs Ranch Annexation – Project No. 14-068 and have been examined; and
WHEREAS, the proposal from Matrix Design Group, Inc. of Denver, Colorado, was
determined by the selection committee to be acceptable for the Project; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Matrix Design Group, Inc. is hereby accepted and approved as the consultants to
provide the services described in Development Review Services for the Pueblo Springs Ranch
Annexation – Project No. 14-068.
SECTION 2.
An Agreement dated November 24, 2014, a copy of which is attached hereto and made
a part hereof, 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, Inc. is hereby approved.
SECTION 3.
Funds in the amount of $94,480 for this Project will be provided from special escrow
fund project account CI0811 established by Resolution No. 11259.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Resolution to effectuate the policies and procedures described
herein.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: November 24, 2014
BY: Eva Montoya
City Clerk’s Office Item # M-7
REGULAR MEETING AGENDA ITEM
COUNCIL MEETING DATE: NOVEMBER 24, 2014
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Department of Planning & Community Development
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY
SUBJECT:
OF PUEBLO, A MUNICIPAL CORPORATION, AND MATRIX DESIGN
GROUP, INC FOR DEVELOPMENT REVIEW SERVICES FOR THE
PUEBLO SPRINGS RANCH ANNEXATION – PROJECT NO. 14-068, IN
THE AMOUNT OF $94,480, AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
SUMMARY:
City Staff requested statements of qualifications from professional urban planning and real estate
development consultants to assist the City staff in its critical review of the anticipated applications
for the annexation and zoning of the area commonly referred to as the Pueblo Springs Ranch
property. A selection committee evaluated three proposals submitted by consulting companies
that specialize in urban planning and real estate development. Matrix Design Group, Inc. was
selected as the most qualified group to assist the City.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The consultant team will assist City staff with the review of significant issues related to the
critical review of the 24,000-acre annexation and zoning request for the area commonly referred
to as the Pueblo Springs Ranch (PSR). Professional services are needed to supplement City
staff’s review of the development proposal’s social, physical, fiscal, and environmental impacts
to the community including impacts to municipally provided services and infrastructure.
FINANCIAL IMPLICATIONS:
The funds in an amount up to $94,480 will be paid from the special escrow fund established by
Resolution No. 11259 in Project Account CI0811. The funds in this project account are the
remaining escrow funds for planning review from the annexation that was previously submitted
to the City of Pueblo in 2008. The property owners have authorized the City of Pueblo to utilize
the remaining funds for review of the anticipated annexation and zoning applications.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
As part of the consultant’s work program a stakeholder process will be developed and reviewed
with City Council in regard to the overall development plan and impacts associated with the
annexation and zoning applications.
ALTERNATIVES:
If City Council does not approve the Resolution, the staff from the Planning, Public Works,
Waste Water, Parks and Recreation, Finance, Transportation, Police, and Fire Departments will
provide the review, analysis, and recommendations to City Council for the potential annexation
of the 18,000 – 24,000 acre area. This would require a significant adjustment in the priorities of
normal work assignments for each of these departments in order to meet the timeframe for the
review and analysis of a proposed annexation of this size and complexity.
RECOMMENDATION:
The selection committee recommends the selection of Matrix Design Group, Inc. as the project
consultant and the approval of the consultant services agreement.
Attachments: Agreement
(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.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first
above written.
CITY O ' - :•—!- : MUNI .' • CO• 'ORATION MATRIX DE'. N GROUP, .
_WBy; /1'►�/i I 1
• President o the City Council Donald Brandes,Jr., ASLA
Attest: Title: Vice Pic sident
City Cl
[ SEAL]'
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
kboreth
Director of Finance
APPROVED AS TO FORM:
City Attorney
Page 7 of 8
EXHIBIT A
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 capacit 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 Name
Address 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 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 ity of Pueblo may result in your being
denied the privilege of doing businessh with the City of Pueblo.
Signed % 1 "Jo ,201r . �1, � /,
By: (, '
a
Name: Donal,z.H. Brandes,Jr.
Title: Vice P'•sident
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.
Page 8 of 8
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 24 day of November, 2014, by and between Pueblo, a
Municipal Corporation ("Client") and Matrix Design Group. Inc, (hereinafter referred to as "Consultant") for
Consultant to render professional Development Review services for Client with respect to the Pueblo Springs Ranch
Annexation 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 Development Review 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 Qualifications or RFQ, all of the requirements of that
Request for Qualifications or RFQ 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) Consultant acknowledges that time is of the essence with respect to the completion of its services
under this Agreement. Consultant shall work with the Client in determining schedules for each major work item.
Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall
adhere to the schedules and perform its work in a timely manner so as not to delay Client's timetable for achievement of
the 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,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
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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.
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 sum of U.S. $94,480.00 Initial Funds"),computed as set forth in Schedule 2.
(b) It is understood that the Initial Funds will not cover all of the costs associated with the pre-annexation
and annexation tasks as outlined in Schedule I - Scope of Services. Additional funds will need to be secured from the
owners of the property that is the subject of his Project ("Project Owner") to complete any necessary remaining
services that were not completed with the Initial Funds. A mutually agreeable supplemental scope of work will be
established for the expenditure of any additional funds ("Additional Funds"). The Client will not have any further
obligation to Consultant for the completion of the mutually agreed upon supplemental tasks beyond those funded by the
Initial Funds until or unless the Client in fact receives"Additional Funds"from the Project Owner.
(c) 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.
(d) 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.
(e) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(f) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(g) 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 which is the combined amounts of the Initial Funds and the
Additional Funds.
Page 2 of 8
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.
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$100,000,
(iv) Comprehensive Automobile Liability Insurance effective during the period of the Agreement,
and for such additional time as work on the Project is being performed,written with limits of liability for injury
to one person in any single occurrence of not less than $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 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 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
Page 4 of 8
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. REQUIRED FEDERAL PROVISIONS. [Not Applicable]
(a) Consultant understands that Client may be funding the Project in whole or part with funds provided
,. Consultant agrees it is subject to and
shall comply with all applicable provisions of said , the Act under which the contract award has
been made, and applicable regulations shall comply with all applicable Federal, State, and local laws applicable to its
activities.
(b) Contractor 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, at any time during normal business
hours and as often as Client, 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: Mr. Steven
Meier, Director of Planning and Community Development, City of Pueblo, Department of Planning and Community
Development,211 East D Street, Pueblo,CO, 81003 or to Consultant at Attention: Mr. Donald H. Brandes,Jr.,ASLA,
Vice President, Matrix Design Group, Inc., 1601 Blake Street,Suite 200, Denver,CO,80202. 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
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) 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 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.
(f) Equal Employment Opportunity. 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,
Page 5 of 8
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`h
Congress, as amended and expanded in Public Law 156, 108`h 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.
(II) 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.
(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)(IlI)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. 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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first
above written.
CITY 0 imme' - - :.-!- : MUNI r • CO"ORATION MATRIX DE' N GROUP,I P' .
B J �
President o the City Council Donald t.Brandes,Jr.,ASLA
Attest: Title: Vice P,t-sident
City Cl
[ SEAL] -
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
kboath
Director of Finance
APPROVED AS TO FORM:
City Attorney
Page 7 of 8
EXHIBIT A
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 capacit 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 (h), please provide the name, address and social security number of each
such PERA Retiree.
Name Name
Address 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 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 ity of Pueblo may result in your being
denied the privilege of doing business with the City of Pueblo.
.,
Signed / piii i t ,2014 . By: ,`�1 .1 '� e�,,• .
Name: Donal.'H. Brandes,Jr.
Title: Vice P •sident
For purposes of responding to question (b) above, an "affiliated party" includes (I) 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.
Page 8 of 8
SCHEDULE 1
Scope of Services
Based on the meeting between City of Pueblo, Department of Planning and Community Development
and Matrix Design Group, Inc.on November 10,2014,and considering the Scope of Services for the
2008 Pueblo Springs Ranch Annexation,we have prepared the following outline Scope of Services for
initial services within the current,escrowed budget amount. It is anticipated that initial services will
focus on essential, Pre-Annexation issues such as Project Review Process,Schedule/Duration,and Fees,
in order to properly frame the annexation for the City Council and Applicant.
It is understood that current City staffing levels do not provide the capacity to analyze and review a
proposed annexation of this size and complexity. Therefore a blended team approach will be utilized
with the consultant providing a coordinated scope of work, in collaboration with City staff to accomplish
the essential project deliverables.
It is anticipated that the Fees currently budgeted will not be sufficient to complete the entire
Scope of Work. Those currently budgeted fees are believed to be sufficient to complete the Pre-
Annexation work tasks and a portion of the Annexation work tasks. Additional funds will need to be
secured from the Project Owner to complete any necessary remaining services that were not completed
with the Initial Funds.
The Client will not have any further obligation to Consultant for the completion of the remaining
tasks beyond those funded by the Initial Funds until or unless the City in fact receives"Additional Funds"
from the Project Owner.
The following Scope is purposely process-oriented in its format to respond to the wide range of
potential regulatory and development issues that are anticipated considering the scale and magnitude
of the proposed Pueblo Springs Ranch Annexation.
Generally,our work will proceed following the steps outlined below:
Pre-Annexation
1. Establish City staff and consultant team organization, roles and responsibilities;
2. Identify preliminary review process;
3. Identify preliminary Annexation schedule;
4. Estimate anticipated Annexation fees;and
5. Initial meeting with City Council.
Annexation
1. Initial review of proposed development products prepared by the Applicant;
2. Identify critical underpinnings and assumptions of proposed development planning(e.g.there
will be a water tank,sewage treatment plant,or expressway);
3. Identify critical policy issues;
4. Identify over-arching annexation policies;
5. Confirm over-arching annexation policies;
6. Identify additional planning material or technical studies to evaluate proposed development by
the applicant,addressing such issues as:
A. Plan Overview
• Purpose and Scope of the Plan
• Planning process
B. The Site and its Context
• Site Location
• Physical and Natural Site Attributes
• Historical Context
• Jurisdictions
• Ownership and Easements
• Summary of Development Issues
C. Land Use
• Overview
• Proposed Land Use
• Proposed Zoning
• Land Use Goals, Objectives and Policies
D. Circulation
• Circulation Context
• Pueblo Springs Ranch Circulation Plan Concept
• Circulation Goals,Objectives and Policies
E. Utility Infrastructure
• Domestic Water
• Sanitary Sewer
• Storm Drainage
• Water Quality
• Natural gas and Electric Power Utilities
• Telecommunication
• Joint Trench Utilities
• Solid Waste
• Utilities Goals Objectives and Policies
F. Community Facilities
• Police Fire and Public Safety
• Schools
• Parks, Recreation and Open Space
• Civic Uses(Village Meeting Halls, Libraries, Performing and Visual Arts,etc.)
• Community Facilities Goals,Objectives and Policies
G. Community Design
• Community Physical and Social Connections to the City
• Community design Concept and Character
• Community Design Framework Plan
• Community Design Goals,Objectives and Policies
H. Fiscal Impact Analysis
• Economic Development Strategy
• Affordable Housing
• Public Infrastructure Financing
• Fiscal impact Analysis
• Economics and Financing Goals,Objectives and Policies
I. Implementation
• Management and Administration
• Regulatory amendments
• Phasing of New Development
• Implementation Goals,Objectives and Policies
7. Conduct technical review of studies and other technical submittals prepared and submitted by
the Applicant;
8. Prepare Review comments and recommended revisions;
9. Conduct a second technical review of additional or revised studies/technical submittals;
10. Prepare a summary report documenting the technical review findings;
11. Prepare recommendations based on technical review and fiscal analysis of the proposed
annexation for provision in the annexation agreement between the City and Applicant.
SCHEDULE 2
Professional Fee and Hourly Rates
Professional Fee
Professional Services shall be invoiced on an hourly, Time and Material basis, with a top-set, not to
exceed budget of$94,480.00. Upon approaching 80% of that budget figure, the Client Representative
shall be notified in writing by the Consultant, to report on work remaining to completion and
recommendations to complete work within budget, or Additional Services and Fees for consideration.
It is understood that the Initial Funds will not cover all of the costs associated with the pre-annexation
and annexation tasks as outlined in Schedule 1 - Scope of Services. Additional funds will need to be
secured from the Project owner to complete any necessary remaining services that were not
completed with the Initial Funds. The Client will not have any further obligation to Consultant for the
completion of the remaining tasks beyond those funded by the Initial Funds until or unless the City in fact
receives "Additional Funds"from the Project Owner.
Hourly rates for Professional Services are provided below.
Reimbursable Expenses
Reimbursable direct expenses will be invoiced separate and in addition to the Professional Fee, at the
rates prescribed of the following page, plus 10%. Expenses not listed will be charged at Cost plus 10%.
Matrix
DESIGN GROUP
STANDARD HOURLY RATES
2014
Classification Hourly Rate
Principal $230.00
Vice President $190.00
Senior Associate $150.00
Associate $130.00
Sr.Consultant $125.00
Consultant III $110.00
Consultant II $100.00
Consultant I $90.00
Professional III $95.00
Professional II $85.00
Professional I $75.00
Staff V $95.00
Staff IV $79.00
Staff III $70.00
Staff II $60.00
Staff I $45.00
1-Person Survey Crew $100.00
2-Person Survey Crew $140.00
3-Person Survey Crew $190.00
Page 1 of 3
SCHEDULE 2 (continued)
Professional Fee and Hourly Rates
TASK PERSONNEL HOURLY RATE ESTIMATED HOURS FEE RANGE
Consultant Team Management Don Brandes $190.00 200-300 $38,000-57,000
Real Estate Development Advisor Tom Morton $125.00 100-150 $12,500-18,750
Planning&Urban Design Review Mark Nemger $150.00 80-120 $12,000-18,000
Land Development Engineering Review Patrick Chelin $190.00 60-140 $11,400-26,600
Project Management Ken Conyers $190.00 40-80 $7,600-15,200
Landscape Guidelines/Policies Review Bob Eck $150.00 80-120 $12,000-18,000
Fiscal Impact&Market Review Todd LaRue $380.00 120-200 $45,600-76,000
Legal Agreements Review Tom Ragonetti $525.00 24-40 $12,600-21,000
Land Use Regulations Review Brian Connolly $225.00 40-60 $9,000-13,500
Traffic Study Review Todd Frisbie $140.00 60-120 58,400-16,800
Transportation Planning Review Elliott Sulsky $195.00 30-40 55,850-7,800
BMP&Stormwater Review Andrew Earles $195.00 24-32 $4,680-6,240
Hydrology Review Noah Greenberg $130.00 40-60 $5,200-7,800
Environmental&Water Quality Jonathan Jones $195.00 20-40 53,900-7,800
Total Fee Range $188,730-310,490
Page 2 of 3
SCHEDULE 2 (continued)
Reimbursable Expense Rates
ITEM •,•DESCRIPTION• p SUGGESTED PRICE . PER.UNIT
Copies Letter 8 14"x 11" $0.15 ea
Copies Legal 8 V x 14" $0.20 ea
Copies Ledger 11"x 17" $0.25 ea
Copies Color—Letter 8%"x 11" $1.20 ea
Copies Color—Legal 8 1A"x 14" $1.60 ea
Copies Color—Tabloid 11"x17" $2.20 ea
Fax per sheet $1.20 ea
Foam Core Square Foot $1.75 SF
Plotter—Bond(B&W) Square Foot $0.65 SF
Plotter—Bond(Color) Square Foot $2.25 SF
Plotter—Vellum(B& W) Square Foot $1.00 SF
Plotter—Vellum (Color) Square Foot $3.25 SF
Plotter—Mylar(B &W) Square Foot $1.20 SF
Plotter—Mylar(Color) Square Foot $4.30 SF
Xerox Copies 24"x 36" $4.30 ea
Xerox Copies 30"x 42" $6.50 ea
Xerox Copies 36"x 48" $8.50 ea
CD $1.25 ea
Website Set-up and Creation $1500 ea
Website Maintenance $300 month
Mileage will be charged at the Federal government allowable rate.
An additional 10%administrative charge shall be added to all expenses listed above.
Expenses incurred for items not included above shall be charged at cost plus 10%.
Page 3 of 3