HomeMy WebLinkAbout15098RESOLUTION NO. 15098
A RESOLUTION AWARDING A PROFESSIONAL SERVICE
CONTRACT IN THE AMOUNT OF $50,050 TO NORTHEAST
BUCKS AND COMPANY, DOING BUSINESS AS M&L
ASSOCIATES, INC., A PENNSYLVANIA CORPORATION, FOR
PROJECT NO. 22-097, TECHNICAL AND PROFESSIONAL
SERVICES FOR THE DEVELOPMENT AND SUBMITTAL OF
THE HOME-ARP ALLOCATION PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
SETTING FORTH $24,000 IN CONTINGENCIES, AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE
SAME
WHEREAS, competitive proposals for Project No. 22-097, technical and professional
services for the development and submission of the HOME-ARP Allocation Plan, have been
received and reviewed; and
WHEREAS, competitive proposals for Project No. 22-097, technical and professional
services for the development and submission of the HOME-ARP Allocation Plan, have been
received and reviewed; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
City Council authorizes Project No. 22-097, Technical and professional services for the
development and submission of the HOME-ARP plan, to be performed, and the contract for said
project is hereby awarded to Northeast Bucks and Company dba M&L Associates, Inc. in the
amount of $50,050.00.
SECTION 2.
The Purchasing Agent is hereby authorized to execute said contract on behalf of the City
of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and
attest the same.
SECTION 3.
In addition to the amount of the bid set forth, as aforementioned, an additional amount
as stipulated in this section is hereby established for contingencies and additional work.
Contingencies and Additional Work $24,000.00.
SECTION 4.
Funds for Project 22-097 (including contingencies and additional work) shall be paid
from the 255 Fund, HOARP-10, HOME-ARP City Administration account.
SECTION 5.
The officers of the City of Pueblo are authorized to perform any and all acts consistent
with this Resolution to implement the policies and procedures described herein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval
INTRODUCED: December 27, 2022
BY: Dennis Flores
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
DEPUTY CITY CLERK
City Clerk's Office Item # M4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 27, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Bryan Gallagher, Director of Housing and Citizen Services
SUBJECT: A RESOLUTION AWARDING A PROFESSIONAL SERVICE
CONTRACT IN THE AMOUNT OF $50,050 TO NORTHEAST BUCKS
AND COMPANY, DOING BUSINESS AS M&L ASSOCIATES, INC., A
PENNSYLVANIA CORPORATION, FOR PROJECT NO. 22-097,
TECHNICAL AND PROFESSIONAL SERVICES FOR THE
DEVELOPMENT AND SUBMITTAL OF THE HOME-ARP ALLOCATION
PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, SETTING FORTH $24,000 IN CONTINGENCIES, AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAME
SUMMARY:
This Resolution approves a professional service agreement with Northeast Bucks and
Company dba M&L Associates, Inc., a Pennsylvania Corporation, to plan, develop, and
submit the HOME-ARP Allocation Plan to the U.S. Department of Housing and Urban
Development. This activity is a required element of the grant and must be accepted by
HUD prior to expending grant funds.
PREVIOUS COUNCIL ACTION:
City Council approved Ordinance No. 10129, accepting the HOME-ARP Grant from the
U.S. Department of Housing and Urban Development in the amount of $3,090,925.00.
Ordinance No. 10129, established the 255 fund, budgeted, and appropriated the grant
funds into the following accounts:
Fund Use City HOME-ARP County HOME-ARP Total
Planning $ 154,546 $ -0- $ 154,546
Administration $ 268,910 $ 40,182 $ 309,092
Eligible Activities $ 2,285,739 $ 341,548 $ 2,6,27,287
Total $ 2,709,195 $ 381,730 $ 3,090,925
BACKGROUND:
The City developed its 2021 Annual Action Plan as part of its application for HOME
funding. To receive the HOME-ARP funds though, the City must engage in consultation
and public participation processes to develop a HOME-ARP allocation plan that meets
the requirements established in CPD Notice 21-10 and submit the plan to HUD as a
substantial amendment to its Fiscal Year 2021 Annual Action Plan. The HOME-ARP
allocation plan must describe how the City intends to distribute HOME-ARP funds,
including how it will use these funds to address the needs of HOME-ARP qualifying
populations. The HOME-ARP allocation plan must include:
A summary of the consultation process and results of upfront consultation;
A summary of comments received through the public participation process and a
summary of any comments or recommendations not accepted and the
reasons why;
A description of HOME-ARP qualifying populations within the jurisdiction;
An assessment of unmet needs of each qualifying population;
An assessment of gaps in housing and shelter inventory, homeless assistance
and services, and homelessness prevention service delivery system;
A summary of the planned use of HOME-ARP funds for eligible activities based
on the unmet needs of the qualifying populations;
An estimate of the number of housing units for qualifying populations the
Participating Jurisdiction will produce or preserve with its HOME-ARP
allocation; and
A description of any preferences for individuals and families in a
particular qualifying population or a segment of a qualifying population.
All the above required elements of the HOME-ARP allocation plan shall be part of the
FY 2021 annual action plan for purposes of the HOME-ARP program. To implement the
Plan, the City is required to follow its Citizen Participation Plan requirements to amend
the 2021 Annual Action Plan.
FINANCIAL IMPLICATIONS:
The HOME-ARP Grant allows up to $154,546.00 of the grant funds to be expended on
planning activities in the development of the HOME-ARP allocation plan. Funding for
delivery of the project is available in Fund 255.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
The City can choose not to enter into the agreement for professional services for the
development of the HOME-ARP Allocation Plan.
RECOMMENDATION:
Approve the Resolution.
ATTACHMENTS:
None
DocuSign Envelope ID: 15319FE9-AB6E-4CD7-8206-BF69D3F4E0F4
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AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN CITY OF PUEBLO AND
NORTHEAST & BUCKS CO. T/A
MULLIN & LONERGAN ASSOCIATES, INC.
22-RFP-097
CONSULTANT TO PROVIDE TECHNICAL PROFESSIONAL SERVICES
FOR THE DEVELOPMENT AND SUBMISSION OF THE HOME-ARP
ALLOCATION PLAN
DocuSign Envelope ID: 15319FE9-AB6E-4CD7-8206-BF69D3F4E0F4
Agreement for Professional Services#22-RFP-097
Title:Consultant to Provide Technical Professional Services for Development and Submission of the HOME-ARP Allocation Plan
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN CITY OF PUEBLO AND
NORTHEAST & BUCKS CO. T/A
MULLIN & LONERGAN ASSOCIATES, INC.
THIS AGREEMENT("Agreement") made and entered this Tuesday, December 27, 2022 by and between
the City of Pueblo,a Municipal Corporation (hereinafter referred to as"City")and Northeast& Bucks Co.
T/A Mullin & Lonergan Associates, Inc., a registered Pennsylvania Business Corporation (hereinafter
referred to as "Consultant")a professional housing consulting and grant writing firm,for Consultant to
render certain professional and related services for Owner in connection with Bid 22-RFP-097
Consultant to Provide Technical Professional Services for the Development and Submission of the
HOME-ARP Allocation Plan, hereinafter referred to as the"Project." In consideration of the mutual
covenants hereinafter set forth,the parties agree as follows:
1. GENERAL
A. Consultant shall satisfactorily perform technical professional services related to writing the
HOME-ARP Allocation Plan and associated policies and procedures to implement the HOME-ARP
Plan and the activities included within the Plan, meeting Federal requirements and deadlines,
encouraging meaningful public participation and stakeholder outreach in the plan development
process,and related consulting or grant writing services for the City to complete the project as
outlined in the Scope of Service attached as Schedule 1.Technical professional services
performed by the Consultant shall also include all related ancillary services incidental to its work
on the Project. In the event this Agreement follows the selection of Consultant by Client
pursuant to a Request for Proposals(RFP), all of the requirements of that 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.
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Title:Consultant to Provide Technical Professional Services for Development and Submission of the HOME-ARP Allocation Plan
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.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.
B. 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.
C. Consultant acknowledges that time is of the essence with respect to the completion of its
services under this Agreement. Consultant represents that Schedule 3 attached hereto is the
schedule by which Consultant proposes to accomplish its work, with time periods for which it
will commence and complete each major work item. Except to the extent the parties agree to
time extensions for delays beyond the control of Consultant, Consultant shall adhere to this
schedule and perform its work in a timely manner so as not to delay Client's timetable for
achievement of interim tasks and final completion of Project work. Consultant further
acknowledges that its schedule has accounted for all reasonably anticipated delays, including
those inherent in the availability of tools, supplies, labor and utilities required for the work,the
availability of information which must be obtained from any third parties, and all conditions to
access to public and private facilities.
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.
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3. CITY'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.
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 Schedule 1—"Scope of Services" and Section 2 of
this Agreement.The proposed work schedule attached as Schedule 3 may be adjusted by mutual written
agreement of all parties.
5. PAYMENT
A. City will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement, as set forth in Schedule 1, an amount not to exceed
$50,050.00.Costs for additional work or work beyond the scope of this Agreement shall not
exceed $24,000.00 and be calculated as set forth in Schedule 2- "Fee Schedule" and computed
in accordance with this Section.The total amount of$74,050.00 shall be the maximum
aggregate compensation. In the event compensation for services is set forth in Schedule 2 as to
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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 Schedule 2 for such phase.
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 reimbursable expenses incurred.Such applications 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 expenses incurred.Thereafter,City shall pay Consultant for the
amount of the application within 45 days of the date of such application is received, provided
that sufficient documentation has been furnished, and further provided that City 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 City's reasonable
satisfaction and all required Consultant submittals have been provided.
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 -"Fee Schedule."
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
Section 2.D.
6. TERMINATION
A. City 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, stop incurring expenses, and shall
promptly deliver to City all data, drawings, specifications, reports, plans,calculations, summaries
and all other information, documents,work product and materials as Consultant may have
accumulated in performing this Agreement,together with all finished work and work in
progress.
B. Upon termination of this Agreement for events or reasons not the fault of Consultant,
Consultant shall be paid at the rates specified in Schedule 2 for all services completely rendered
and reasonable costs incurred to the 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 City. In no event shall payment to
Consultant upon termination exceed the maximum compensation provided for complete
performance in Section 5.
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Title:Consultant to Provide Technical Professional Services for Development and Submission of the HOME-ARP Allocation Plan
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 City'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
City, 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 responsibility for its completed work and services shall survive any termination.
7. GENERAL PROVISIONS
7.1. 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 City
and the City 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 City 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 City uses the
designs, drawings or specifications provided hereunder for another project independent from Project,
without adaptation by Consultant,City shall hold harmless Consultant from all loss, claims, injury,and
judgments arising from the use of such designs, drawings or specifications for such other project.
7.2. Advertising
Unless specifically approved in advance in writing by City, Consultant shall not include representations
of the Project in any advertising 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 City for prior review and shall not publish or
distribute same unless written approval of the materials is first obtained.
7.3. 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, sexual orientation, national
origin, disability,or age. Consultant shall endeavor to ensure that applicants are employed,and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, national origin, disability, or age.
7.4. Access to Property Not Under City's Control
Consultant acknowledges that the Project may require access to property not under the control of City
at the time of execution of this Agreement. Consultant and Consultant's employees and consultants
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shall, at Consultant's expense,obtain all additional necessary approvals and clearances required for
access to such property. City 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 City's control may require
Consultant to comply with the terms of separate access agreements to be negotiated hereafter with
owners of such property.
7.5. 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 City 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 City of Pueblo, Department of Housing and Citizen Services,Attn: Bryan Gallagher, Director, 2631
E.4th Street, Pueblo,CO 81001; or to the Consultant, Northeast& Bucks Co.,T/A Mullin &Lonergan
Associates, Inc.,Attn:William P.Wasielewski,Secretary/Principal,800 Vinial Street,Suite B-414,
Pittsburgh, PA 15212. 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.
7.6. Entire Agreement
This instrument contains the entire agreement between the City and the Consultant respecting the
Project,and any other written or oral agreement or representation respecting the Project or the duties
of either the City or the Consultant in relation thereto not expressly set forth in this instrument are null
and void. Notwithstanding the foregoing,the terms of[Bid No and Name] are hereby incorporated
herein, and Consultant agrees to abide by and comply with the same. In the event of any conflict
between any provision of this Agreement and a provision of any Schedule or attachment to this
Agreement,the provision in this Agreement shall control and supersede the conflicting provision in the
Schedule or attachment.Any inconsistent resolution provision in any attachment to this Agreement
shall be void.
7.7. 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
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Title:Consultant to Provide Technical Professional Services for Development and Submission of the HOME-ARP Allocation Plan
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.
7.8. 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 it
without the written consent of the City. It is expressly understood and agreed that enforcement of the
terms and conditions of this Agreement,and all rights of action relating to such enforcement, shall be
strictly reserved to the parties hereto,and nothing contained in this Agreement shall give or allow any
such claim or right of action by any other or third person or entity on such Agreement. It is the express
intention of the parties hereto that any person or entity, other than the parties to this Agreement,
receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
7.9. Amendments
No amendment to this Agreement shall be made nor be enforceable unless made by written
Amendment signed by an authorized representatives of both Consultant and City.
7.10. Choice of Law and Venue
This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado.
Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in
a state curt with jurisdiction located in Pueblo County, Colorado.
7.11. Severability
If any provision of this Agreement, except for Section 2.6, 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 2.6 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.
7.12. 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 work
is phased and subject to annual appropriation,funds only in the amount of initial appropriation are
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available and Consultant shall confirm availability of funds before proceeding with work exceeding initial
and subsequent annual appropriations.
8. DISPUTES
A. Any dispute or disagreement between Consultant and City arising from or relating to this
Agreement or Consultant's services or right to payment hereunder shall be determined and
decided by the City'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 located in Pueblo
County,Colorado, pursuant to Rule 106, C.R.C.P.
B. Pending resolution of any dispute or disagreement,or judicial review, Consultant shall proceed
diligently with performance of its work under this Agreement.
9. REQUIRED FEDERAL, STATE, AND/OR GRANT PROVISIONS
A. Consultant understands that City may be funding the Project in whole or part with funds
provided by a grant from the U.S. Department of Housing and Urban Development, HOME-ARP
funds. Consultant agrees it is subject to and shall comply with all applicable provisions of said
Special Funding Contract Requirements as provided in the RFP for this project and for which the
contract award has been made and applicable regulations.
B. All records with respect to any matters covered by this Agreement shall be available for
inspection by City and or U.S. Department of Housing and Urban Development at any time
during normal business hours and as often as agencies deem necessary,to audit,examine and
make excerpts or transcripts of relevant information, and otherwise to perform its official
functions or duties.
C. If any of the work to be performed by Consultant under this Agreement is funded in whole or in
part with federal or state funds,then this Agreement shall be construed to include all applicable
terms required by the federal or state assistance agreement and integrated federal or state
regulations. By executing this Agreement, Consultant agrees to be bound by all such mandatory
federal or state requirements, irrespective of Consultant's actual knowledge or lack of
knowledge of such requirements prior to execution of this Agreement.
10. INSURANCE
10.1. Conditions
A. Consultant agrees that it has procured 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 bodily injury including personal injury, sickness or disease or death of any
of its employees or of any person other than its employees, and from claims or damages
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Title:Consultant to Provide Technical Professional Services for Development and Submission of the HOME-ARP Allocation Plan
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 below.
B. Consultant agrees to hold harmless, defend and indemnify City from and against any liability to
third parties, arising out of negligent acts, errors or omissions of Consultant, his employees,
subcontractors, and consultants.
10.2. Minimum Requirements
A. Commercial General Liability Insurance.The Consultant shall secure and maintain during the
period of this agreement 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 Consultant with
respect to all work performed by it and all its subcontractors under the agreement,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 Consultant
under the provisions of the agreement, and "Completed Operations and Projects Liability"
coverage.
B. Comprehensive Automobile Liability Insurance.The Consultant shall procure and maintain
during the period of the agreement 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. 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 City.
D. Professional Liability Insurance with coverage of not less than $1,000,000 in a form and with a
deductible acceptable to City.
Page 10 of 24
DocuSign Envelope ID: 15319FE9-AB6E-4CD7-8206-BF69D3F4E0F4
Agreement for Professional Services#22-RFP-097
Title:Consultant to Provide Technical Professional Services for Development and Submission of the HOME-ARP Allocation Plan
11. 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 its 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.
12. IMMIGRATION REFORM AND CONTROL ACT OF 1986
Consultant certifies that it has complied with the United States Immigration Reform and Control Act of
1986. Consultant represents and warrants that to the extent required by said Act, all persons employed
by Consultant for performance of this Agreement have completed and signed Form 1-9 verifying their
identities and authorization for employment.
13. PERA LIABILITY
The 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 Colorado PERA Questionnaire and submit the completed form to City as
part of the signed Agreement.
14. SCHEDULES
The following Schedules are attached to and made a part of this Agreement:
• Schedule 1-"Scope of Services" consisting of 10 pages.
• Schedule 2 -"Fee Schedule" consisting of 1 page.
• Schedule 3 -"Work Schedule"consisting of 1 page.
15. ELECTRONIC SIGNATURE
This Agreement and all other documents contemplated hereunder may be executed using electronic
signatures with delivery via facsimile transmission, by scanning and transmission of electronic files in
Portable Document Format(PDF)or other readily available file format, or by copy transmitted via email,
or by other electronic means and in one or more counterparts, each of which shall be: (i) an original, and
all of which taken together shall constitute one and the same agreement, (ii) a valid and binding
agreement and fully admissible under state and federal law, and (iii) enforceable in accordance with its
terms.
Page 11 of 24
DocuSign Envelope ID:15319FE9-AB6E-4CD7-8206-BF69D3F4E0F4
Agreement for Professional Services#22-RFP-097
Title:Consultant to Provide Technical Professional Services for Development and Submission of the HOME-ARP Allocation Plan
This Agreement, together with all Project Documents incorporated by reference, constitutes the entire
Agreement between City and Contractor with respect to their subject matter, and may not be amended a
modified except by written document signed by both parties.
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 NORTHEAST& BUCKS CO. T/A
MULLIN & LONERGAN ASSOCIATES, INC.
DocuSigned by: e--DocuSigned by:
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Naomi Hedden, Director of Purchasing William P. Wasielewski, Secretary/Principal
Disocu[ttsuSigurr�aned by:
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Marisa Stoller, City Clerk [SEAL]
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BALANCE OF APPROPRIATION EXISTS FOR THIS "`loo"•t,v
AGREEMENT AND FUNDS ARE AVAILABLE.
EDocuSigned by:
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Alexandria Romero, Finance Director
APPROVED AS TO FORM
,—DocuSigned by:
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Dan Kogovsek, City Attorney
Attachments: Schedule 1-Scope of Services
Schedule 2 - Fee Schedule
Schedule 3—Work Schedule
Additional Information
Page 12 of 24