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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 city o? FtPUEBLO colorado 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. Page 2 of 24 DocuSign Envelope ID: 15319FE9-AB6E-4CD7-B206-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 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. Page 3 of 24 DocuSign Envelope ID: 15319FE9-AB6E-4CD7-B206-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 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 Page 4 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 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. Page 5 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 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 Page 6 of 24 DocuSign Envelope ID: 15319FE9-AB6E-4CD7-B206-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 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 Page 7 of 24 DocuSign Envelope ID: 15319FE9-AB6E-4CD7-B206-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 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 Page 8 of 24 DocuSign Envelope ID: 15319FE9-AB6E-4CD7-B206-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 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 Page 9 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 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: B By f , OJasit,�t,WStt �o8s5iaDb ..ua90... `-3it4CEs[reo1432... Naomi Hedden, Director of Purchasing William P. Wasielewski, Secretary/Principal Disocu[ttsuSigurr�aned by: 1141AA.44, aktatiV s, II Atter10 aac... Marisa Stoller, City Clerk [SEAL] • BALANCE OF APPROPRIATION EXISTS FOR THIS "`loo"•t,v AGREEMENT AND FUNDS ARE AVAILABLE. EDocuSigned by: .fuicuct84, wrwtaf, CHE47323o3H94Do... Alexandria Romero, Finance Director APPROVED AS TO FORM ,—DocuSigned by: GLIA, 616A-Stk '-245t.EnEas2484B9.. Dan Kogovsek, City Attorney Attachments: Schedule 1-Scope of Services Schedule 2 - Fee Schedule Schedule 3—Work Schedule Additional Information Page 12 of 24