HomeMy WebLinkAbout15788RESOLUTION NO. 15788
A RESOLUTION APPROVING MASTER CONTRACTS FOR
PROFESSIONAL CIVIL GEOTECHNICAL ENGINEERING
CONSULTING SERVICES BETWEEN PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND KUMAR & ASSOCIATES,
INC., ROCKSOL CONSULTING GROUP, INC., AND GEOCAL,
INC., FOR PROJECT NO. 24-059 GEOTECHNICAL AND
MATERIALS TESTING SERVICES AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Master Contracts for Professional Civil Geotechnical Engineering Consulting
nicipal Corporation, and Kumar &
Associates, Inc., RockSol Consulting Group, Inc., and Geocal, Inc., for Project No. 24-059
Geotechnical and Materials Testing Services, copies of which are attached hereto, having been
approved as to form by the City Attorney, are hereby approved.
SECTION 2.
The Purchasing Agent is hereby authorized to execute said contracts on behalf of the
City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the
City thereto and attest the same.
SECTION 3.
The officers and staff of the City of Pueblo are authorized to perform any and all acts
consistent with the intent of this Resolution and the contract to implement the policies and
procedures described therein. Work Orders under these agreements shall only be approved
upon written approvals of the Director of Purchasing and the Director of Finance that a balance
of appropriation exists for the Work Order and funds are available. The Director of Purchasing is
authorized to approve a Work Order which is determined to be most advantageous to the City
and in the best interest of the City based upon the submitted hourly fee rates and delivery time
for geotechnical and materials testing services of each specific project which may be assigned
under the Agreements.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: October 15, 2024
BY: Roger Gomez
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
DEPUTY CITY CLERK
City Clerk's Office Item # M13
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: October 15, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: A RESOLUTION APPROVING MASTER CONTRACTS FOR
PROFESSIONAL CIVIL GEOTECHNICAL ENGINEERING
CONSULTING SERVICES BETWEEN PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND KUMAR & ASSOCIATES, INC.,
ROCKSOL CONSULTING GROUP, INC., AND GEOCAL, INC., FOR
PROJECT NO. 24-059 GEOTECHNICAL AND MATERIALS TESTING
SERVICES AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE SAME
SUMMARY:
This Resolution approving Master Contracts for Professional Civil Geotechnical
Engineering Consulting Services between Pueblo, A Colorado Municipal Corporation,
and Kumar & Associates, Inc., RockSol Consulting Group, Inc., and Geocal, Inc., for
Project No. 24-059 Geotechnical and Materials Testing Services. This Resolution
establishes an approved list of qualified geotechnical and materials testing consultants
to perform services for three years, and during renewal of the agreement for two
successive one-year periods after the initial term.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The City has requested proposals from qualified engineering firms to assist the City
with on-call services for geotechnical and material testing services as it relates to
geotechnical engineering of foundations, retaining walls, pavement design, soil analysis
and testing, concrete and asphalt pavement testing, detailed engineering design, and
inspection. The City intends to issue contracts on an as-needed basis for maintenance
and capital improvement projects to include preliminary investigation, permitting,
design, assisting the City with bidding, construction management, inspection, and
certification. The work for each project under this Agreement will vary in scope and
complexity. Services shall include all personnel, supervision, management, labor, tools,
equipment, materials, and travel necessary to perform these services, with
reimbursable expenses to be agreed upon prior to initiation of projects.
A total of ten proposals were received, and three firms were selected based on their
initial submittals to receive future Request for Proposals to perform geotechnical and
material testing services for City projects. This Resolution authorizes contracts under
24-059 Geotechnical and Materials Testing Services and will provide both competitive
bid cost controls and rapid response capability by creating a list of qualified consultants.
No minimum amount of work is guaranteed under these agreements. For each on-call
service request, the City will develop a complete scope of work and require the
consultants to provide a not-to-exceed amount (limit) based on their hourly fee rate, and
a delivery schedule for services of each specific project assigned under this Agreement.
The most advantageous proposal to the City, and in the best interest of the City, shall
be determined based on the evaluation criteria set forth in the Request for Proposals.
Request for services shall be initiated and documented by a written work order
set forth the work to be performed, the time for completion and the compensation,
including maximum compensation, for performance of such work.
FINANCIAL IMPLICATIONS:
Funding for these Projects will come from the associated project account.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable to this Resolution.
STAKEHOLDER PROCESS:
Not Applicable to this Resolution.
ALTERNATIVES:
Denial of this Resolution will result in the City being unable to proceed with the
agreements.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 24-059 Draft Geocal Agmt Geotechnical_and_Materials_Testing
2. 24-059 Draft RockSol Agmt Geotechnical_and_Materials_Testing
3. 24-059 Draft Kumar Agmt Geotechnical_and_Materials_Testing
MASTER CONTRACT
BY AND BETWEENCITY OF PUEBLO AND
ROCKSOL CONSULTING GROUP, INC.
24-059
GEOTECHNICAL AND MATERIALS TESTING SERVICES
Page 1 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
MASTER CONTRACT BY AND BETWEEN
CITY OF PUEBLO AND ROCKSOL CONSULTING GROUP, INC.
1. INTRODUCTION
THIS CONTRACT (“Contract”) made and entered this ______ day of _______________, 20____, by and
between the City of Pueblo, a Colorado Municipal Corporation located at P.O. Box 1427, Pueblo, Colorado,
81001 (hereinafter referred to as “City”) and RockSol Consulting Group, Inc., a New Mexico Corporation
registered to do business in the State of Colorado, located at 12076 Grant Street, Thornton, CO, 80241
(hereinafter referred to as "Consultant"), WITNESSETH:
2. RECITALS
A. The City solicited competitive proposals for Bid 24-059 Geotechnical and Materials Testing Services
to provide professional civil geotechnical engineering consulting and related services for future
Public Works Public Improvement and other projects on an as needed basis (hereinafter referred to
as the "RFP").
B. In response to the RFP, Consultant submitted a proposal (hereinafter referred to as "Response").
C. City has evaluated all Responses submitted and selected Consultant to perform professional
consulting for various anticipated projects.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants, City and Consultant
agree as follows:
3. ENGAGEMENT
A. City engages Consultant and Consultant accepts such engagement to perform the services set
forth in this Contract and the standard forms of Agreement for Professional Engineering Services
(“Engineering Agreement Form”) and the standard form Agreement for Professional Services
(“Consultant Agreement Form”), collectively hereinafter referred to as “Approved Forms of
Agreement”, execution of which will be required for each Project as may be directed by the City.
A copy of the Agreements are attached hereto and labelled respectively as Exhibit A and Exhibit
B.
B. Anticipated Projects (hereinafter referred to as the "Projects") may include but are not limited
to geotechnical engineering of foundations, retaining walls, pavement design, soil analysis and
testing, concrete and asphalt pavement testing, detailed engineering design, and inspection as
may be needed on a project-by-project basis.
C. City may, or may not, in its sole and absolute discretion undertake any of the Projects. Upon
written direction from City requesting Consultant to undertake a project, the Consultant shall
prepare a specific Scope of Service, fee schedule (based upon Schedule 2 to this Contract,
Page 2 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
attached hereto and incorporated herein) (“Fee Schedule”), and work schedule (“Work
Schedule”) necessary to complete the project.
D. After mutual approval of the Scope of Service, Fee Schedule and maximum compensation, and
Work Schedule, the City will incorporate such agreed upon terms into the applicable Consultant
Agreement, which shall be executed by Consultant.
E. After execution of such agreement by Consultant, City will submit same to City Council of City
for approval and any such agreement shall be subject to and conditioned upon City Council
approval.
F. In addition to the Scope of Work set forth above and to be performed in accordance with a
Consultant Agreement, City may request services on an as needed basis. Requests for such
services shall be initiated and documented by a written work order agreement (“Work Order”)
signed by the City's Director of Public Works and approved by the City’s Director of Finance and
Director of Purchasing. A Work Order shall set forth the work to be performed, the time for
completion, and the compensation, including that the maximum compensation is not to exceed
$10,000.00 for performance of such work, and shall otherwise be in substantially the same form
as Schedule 4 attached hereto and incorporated herein. Said compensation shall be approved as
provided in Section 2G of this Contract. The work to be performed under any Work Order shall
be detailed in such order and shall be subject to all terms and conditions of this Contract and the
Consultant Agreement attached as Appendix A, as if the latter had been fully executed by the
parties for such work to be performed. The maximum sum under Section 5 of the Consultant
Agreement shall, for the purposes of the work to be performed, be the maximum compensation
set forth in the Work Order and approved pursuant to Section 2G of this Contract. All such
services shall include all usual and customary professional services necessary for such work to
be performed.
G. When requested by City, Consultant shall prepare without charge to City a bid amount for any
proposed Work Order (“Work Order Compensation”) requested under Section 2F which shall be
based upon the fee schedule set forth in Schedule 2 and shall itemize compensation amounts
and include the maximum compensation amount necessary for completion and performance of
all work set forth in the Work Order. Should City have any dispute, question, required
clarification, or other issue with respect to the Work Order Compensation, Consultant shall
meet and confer in good faith with City to resolve such issue. No Work Order shall be signed and
issued by the City's Planning Director unless and until City approves the Work Order
Compensation. No Work Order shall be approved for which the maximum compensation
exceeds $10,000.00.
H. No minimum amount of work is guaranteed under this Contract. City reserves the right to
engage and/or contract with other parties to perform services which otherwise might be
requested under this Contract.
Page 3 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
TERM
This Contract is for a term of three (3) years commencing day of ,
20 . The term of this Contract may be extended for two (2) additional one (1) year periods
upon mutual written notice/agreement of City and Consultant.
B.In the event the City exercises the provision to extend the Contract after the initial term,
adjustments in the Fee Schedule set forth in Schedule 2 shall be permitted. Such adjustment
shall be calculated based upon the most current annual percentage change in the DOL CPI-W
index for Denver-Aurora-Lakewood Colorado available during the date of adjustment; provided,
however, in no event will the adjustment be greater than three percent (3%).
C.This Contract may be terminated by the City at any time, without cause or liability, upon thirty
(30)days prior written notice given to the Consultant specifying the date of termination,
provided, however, that the termination of this Contract shall not terminate or be deemed to
terminate any existing Agreements executed by and between the parties with respect to any
specified Project.
5.GENERAL COVENANTS
Consultant covenants that it is:
A.Competent and qualified to perform; and will perform the services and work contemplated by
this Contract, the Agreement(s), and the Work Orders in a professional manner to the
satisfaction of the City.
B.Familiar with the regulations and requirements of the Minimum Qualifications as stated in the
RFP with respect to the services and work contemplated by this Contract and the Agreement(s)
and will perform such services and work in compliance therewith.
6.SPECIFIC COVENANTS
Consultant covenants that, during the performance of this Contract and any Agreements for a specified
Project, Consultant will:
A.Comply with all Federal and State statutes and regulations relating to nondiscrimination in
federally assisted programs.
B.Comply with all other laws, regulations, and requirements for applicable Federal, State, local,
and grant funded Projects.
7.RECORDS AND DATABASE
Consultant shall maintain a cost accounting system acceptable to City. The City shall have access to any
books, documents, papers, and records of the Consultant that are directly pertinent or relate to this
Contract or any Agreements for a specified Project, for the audit purposes, examination, inspection,
Page 4 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
excerpts, and transcription. The Consultant shall maintain such records for three (3) years after City
makes final payments to Consultant and all pending matters are closed. Consultant shall prepare and
maintain an electronic database (compatible with AutoCAD) that accurately represents all existing and
future civil infrastructure for all Projects completed under this Contract and any Agreements for a
specified Project.
8. RIGHTS TO INVENTIONS
Plans, drawings, designs, specifications, inventions, reports and all other documents and materials
generated under this Contract, any Agreements, and/or any Work Orders for a specified Project shall
become the sole property of City, subject to applicable federal grant requirements, and City shall be
vested with all rights therein of whatever kind and however created, whether by common law, statute,
or equity. Consultant shall retain sole ownership of pre-existing proprietary property, including but not
limited to, computer programs, software, diagrams, and models.
9. INSURANCE AND INDEMNITY
A. Consultant agrees that it has procured and will maintain during the term of this Contract, such
insurance as will protect it and City 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:
1. 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.
2. Commercial General Liability Insurance. The Consultant shall secure and maintain during the
period of this Contract and for such additional time as work on the project is being
performed, Commercial General Liability Insurance issued to and covering the liability of the
Consultant with respect to all work performed by him and all his subcontractors under the
Contract, to be written on a comprehensive policy form. This insurance shall be written in
amounts not less than $1,000,000 for each occurrence and aggregate for personal injury
including death and bodily injury and $1,000,000 for each occurrence and aggregate for
property damage. This policy of insurance shall name the City of Pueblo, its agents, officers,
and employees as additional insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards, underground
property damage hazard, blanket contractual coverage, as well as Owner’s and Contractor’s
Protective Liability (OCP) coverage. The policy shall also provide coverage for contractual
liability assumed by Consultant under the provisions of the Contract, and “Completed
Operations and Projects Liability” coverage.
Page 5 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
3. Professional Liability Insurance with coverage of not less than $1,000,000 and in a form and
with a deductible acceptable to City.
4. Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain
during the period of the Contract and for such additional time as work on the project is
being performed, Comprehensive Automobile Liability Insurance. This insurance shall be
written with limits of liability for and injury to one person in any single occurrence of not
less than $350,000 and for any injury to two or more persons in any single occurrence of not
less than $1,000,000. This insurance shall include uninsured/underinsured motorist
coverage and shall protect the Consultant from any and all claims arising from the use both
on and off the site of the project of automobiles, trucks, tractors, backhoes, and similar
equipment whether owned, leased, hired, or used by Consultant.
C. Consultant shall furnish to City a certificate or certificates of insurance showing compliance with
this Section. Consultant shall obtain a special endorsement from its insurance carrier that
provides that the insurance shall not be changed or cancelled until ten (10) days after written
notice has been given to City and provide a copy of such endorsement to City. Consultant shall
immediately notify City of any substantial change in, or cancellation, or non-renewal of any such
insurance.
D. 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, its employees,
subcontractors, and consultants.
E. Additional insurance may be required based on the funding of each Agreement or Work Order
as outlined in Sections 6.16 and 6.17 of the Request for Proposal (RFP).
10. CERTIFICATIONS
A. Neither Consultant nor any of its principals are presently, or at the time of execution of any
Agreements for a specified Project, debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this Contract or in any such subsequent
Agreements for a specified Project by any entity or agency. Consultant will include this clause in
all lower tier transactions, solicitations, proposals, contracts, subcontracts, and agreements.
B. Consultant is not owned or controlled by one or more citizens of a foreign country included in
the list of countries that discriminate against U.S. firms published by the Office of the United
States Trade Representatives and that it will comply with the Department of Transportation
trade restriction regulations 49 CFR Part 30. Consultant will include this clause and other clauses
required by said trade restriction regulations in all lower tier transactions, solicitations,
proposals, contracts. subcontracts, and agreements.
Page 6 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
11. 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 Public Works, Attn: Andrew Hayes, Director, 211 E. D Street, Pueblo, CO, 81003; or
to the Consultant, RockSol Consulting Group, Inc., Attn: Saeid Saeb, President, 12076 Grant Street, Thornton,
CO, 80241. Either party may change their 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.
12. FINANCIAL OBLIGATIONS OF CITY
All financial obligations of the City under this Contract and any Agreements for a specified Project in any
subsequent fiscal year of the City are subject to, and contingent upon, funds being specifically budgeted
and appropriated for such purposes (Projects). This Contract is expressly made subject to the limitations
of the Colorado Constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation
of a debt or multi-year fiscal obligation or an obligation of future appropriations by the City of Pueblo,
contrary to Article X, § 20 Colorado Constitution or any other constitutional, statutory, or charter debt
limitation. Notwithstanding any other provision of this Contract and any Agreements for a specified
Project, with respect to any financial obligation of the City which may arise under this Contract in any
fiscal year after 2024, in the event the budget or other means of appropriations for any such year fails to
provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a
default or breach of this Contract or any Agreements for a specified Project by the City, and the City may
terminate this Contract or any Agreements for a specified Project without liability.
13. 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 CDOT, FHWA, ARPA, other Federal/State funds, other grants/funds as deemed
appropriate and available for the project work. Consultant agrees it is subject to and shall
comply with all applicable provisions of all applicable Federal, State, and local standards, orders,
and regulations for which the award has been made and applicable regulations.
B. Consultant shall comply with the attached Colo. Dept. of Transportation (CDOT) and FHWA
Funding Requirements and Special, State, Federal, and Grant Funding Requirements attached as
Exhibit D.
C. All records with respect to any matters covered by this Contract and any subsequent
Agreements shall be available for inspection by City, CDOT, FHWA, ARPA, and any other Federal,
State, and/or grant funding agency 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.
Page 7 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
14. MISCELLANEOUS
A. Colorado law, the Pueblo City Charter, the Pueblo Municipal Code, and rules and regulations
issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of
this Contract and any Agreements. Any provision included or incorporated herein by reference
that conflicts with said laws, rules, and regulations shall be null and void. All suits or actions
related to this Contract and any Agreements shall be filed and proceedings held in the State of
Colorado and exclusive venue shall be in the County of Pueblo.
B. This Contract contains the entire agreement between the City and Consultant and incorporates
all prior written and oral understandings and agreements between the parties.
C. This Contract may only be modified or amended by written instrument signed by both City and
Consultant.
D. This Contract shall be binding upon and inure to the benefit of City and Consultant and their
respective successors and assigns, provided, however, Consultant shall not assign this Contract,
Agreements for a specific Project, or any interest herein without the prior written consent of
City.
15. 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 Contract have completed and signed Form I-9 verifying their
identities and authorization for employment.
16. 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 Contract.
The Consultant shall fill out the Colorado PERA Questionnaire and submit the completed form to City as
part of the signed Contract.
17. EXHIBITS
The following Exhibits are attached to and made a part of this Contract:
Exhibit A – Professional Engineering Services Agreement Template
Exhibit B – Professional Consulting Services Agreement Template
Exhibit C – Work Order Form
Exhibit D - Funding Requirements
Page 8 of 164
Master Contract for RockSol Consulting #24-059
Title: Geotechnical and Materials Testing Services
Schedule 1 - Scope of Services
Schedule 2 - Fee Schedule
Schedule 3 - Identification of Personnel, Subcontractors, and Task Responsibility
18. SIGNATURE SECTION
A. This Contract 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: (1) an original, and all of which taken together shall constitute one and the
same agreement, (2) a valid and binding agreement and fully admissible under state and federal
law, and (3) enforceable in accordance with its terms.
B. This Contract, together with all Project Documents incorporated by reference, constitutes the
entire Contract between City and Consultant 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 ROCKSOL CONSULTING GROUP, INC.
By_________________________________________ By______________________________________
Naomi Hedden, Director of Purchasing Saeid Saeb, President
Attest_____________________________________
Marisa Stoller, City Clerk \[SEAL\]
BALANCE OF APPROPRIATION EXISTS FOR THIS APPROVED AS TO FORM
AGREEMENT AND FUNDS ARE AVAILABLE. DEPARTMENT OF LAW
Danny Nunn, Interim Finance Director Robert P. Jagger, Deputy City Attorney
Attachments: Exhibits A – D, Schedules 1 – 3, and Additional Information for Contract
Page 9 of 164
Exhibit A
Agreement for Professional Engineering Services
City’s Standard Form of Agreement for Engineering Services
Note: Future Agreements for Engineering Services provided to City by Consultant shall remain
consistently in the same manner and form for projects assigned for Bid 24-059. City and Consultant
may update the form of Agreement for each Project as assigned and upon mutual agreement of City
and Consultant. City and Consultant may update sections of the following agreement due to updates
in regulations, requirements, etc. upon mutual agreement of City and Consultant.
1.INTRODUCTION
THIS AGREEMENT (“Agreement”) made and entered this ______ day of _______________, 20____, by and
between the City of Pueblo, a Municipal Corporation (hereinafter referred to as “City”) and _____NAME OF
CONSULTANT_______________, a _________CORPORATION LLC etc.__________ (hereinafter referred to as
"Consultant") a professional engineering firm, for engineer to render certain professional planning, design,
engineering, and related services for City in connection with Bid ________________________,
hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the
parties agree as follows:
Consultant shall satisfactorily perform professional engineeringservices for all phases of Project indicated
below by mark placed in the appropriate box or boxes:
\[ \] - Study and Report Phase
\[ \] - Preliminary Design (Schematic) Phase
\[ \] - Final Design Phase
\[ \] - Construction Documents and Bidding Phase
\[ \] - Construction Phase
A.Upon completion of any phase, Consultant shall not proceed with work on the next phase, if
any, until authorized in writing by City to proceed therewith.
B.Such services shall include all usual and customary professional engineering services and the
furnishing (directly or through its professional subconsultants and subcontractors) of customary
and usual engineering (including civil, structural, mechanical, and electrical engineering) and
other services including design, environmental, and planning. Consultant shall also provide any
landscape engineering, surveying, and geotechnical services incidental to its work on the
Project.
C.In performing the professional services, Consultant shall complete the work items described
generally in Schedule 1 attached hereto and incorporated herein and incorporated herein by
reference (the “Services”) and the items identified in Section 2 of this Agreement which are
applicable to each phase for which Consultant is to render professional services.
D.Professional engineering services (whether furnished directly or through a professional
subconsultant or subcontractor) shall be performed under the direction and supervision of a
registered engineer in good standing and duly licensed to practice in the State of Colorado.
Reproductions of final drawings for construction produced under this Agreement shall be the
same as at least one record set which shall be furnished to City and which shall be signed by and
bear the seal of such registered engineer.
Page 10 of 164
E.Surveying work included within or reasonably contemplated by this Agreement shall be
performed under the direction and supervision of a registered Professional Land Surveyor in
good standing and duly licensed to practice in the State of Colorado. All plats and surveys
produced under this Agreement shall be signed by and bear the seal of said Professional Land
Surveyor.
F.Any engineering services provided under this Agreement shall be performed under the
direction and supervision of registered/licensed engineer in the State of Colorado.
G.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
City 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.
2.CONSULTANT'S RESPONSIBILITIES
2.1. Study and Report Phase
If Consultant is to provide professional services with respect to the Project during the Study and Report
Phase, Consultant shall perform the following unless otherwise stated in Schedule 1:
A.Consult with City to determine the requirements for the Project and review available data.
Advise City as to the necessity of providing or obtaining from others data or services of the types
described in paragraph 2.2(c) and assist City in obtaining any such services.
B.Provide special analyses of City's needs, planning surveys, site evaluations and comparative
studies of prospective sites and solutions.
C.Identify and analyze requirements of governmental authorities and regulatory agencies involved
in approval or permitting any aspect of Project.
D.Provide general economic analysis of City's requirements applicable to various alternatives.
E.Prepare a Report with appropriate exhibits indicating clearly the considerations involved and the
alternative solutions available to City and setting forth Consultant's findings and
recommendations with opinions of probable costs.
F.Consultant shall furnish one (1) hard copy and one (1) electronic copy of the Report and present
and review it in person with City. City may request additional copies as needed for no additional
charge.
2.2. Preliminary Design (Schematic) Phase
If Consultant is to provide professional services with respect to the Project during the Preliminary Design
(Schematic) Phase, Consultant shall perform the following unless otherwise stated in Schedule 1:
Page 11 of 164
A.Consult with City and determine the general design concept and Project requirements based
upon information furnished by City as well as any study or report on the Project.
B.Prepare and submit to City preliminary design documents consisting of final design criteria,
preliminary drawings, an outline of specifications, and written descriptions of all significant
features of Project.
C.Prepare and submit to City a requirements checklist of any subsurface investigation, additional
data, permits, or other information and requirements which is anticipated will be necessary for
the design or construction of Project.
D.Provide written disclosure to City of significant design assumptions and design risks and
advantages/disadvantages inherent in or presented by design alternatives and make
recommendations to City based thereon.
E.Prepare and submit to City a preliminary cost estimate for the Project including construction
cost, contingencies, professional compensation, consultant fees, costs of land and rights of way,
compensation for damages and finance costs, if any.
F.Consultant shall furnish one (1) hard copy and one (1) electronic copy of each above referenced
submittal document to City for City's use and shall review same in person with City. City may
request additional copies as needed for no additional charge.
2.3. Final Design Phase
If Consultant is to provide professional services with respect to the Project during the Final Design
Phase, Consultant shall perform the following unless otherwise stated in Schedule 1:
A.After consultation with the City, receipt of City's selection of any design options and review of
the Preliminary Design Documents, if any, prepare and submit to City final Drawings showing
the scope, extent, and character of the work to be performed by contractors, and specifications
describing such work and the requirement therefor. Such plans and Specifications shall comply
with all applicable building codes and requirements of regulatory agencies having any approval
authority. Final design, including Drawings and Specifications, shall also comply with ADA
Accessibility Guidelines (ADAAG) Manual developed by the U. S. Architectural and
Transportation Barriers Board (1998) or ADA Standards for Accessible Design published at 28
C.F.R. Part 36, Appendix A, whichever is applicable. Consultant shall include an attest statement
on each record drawing sheet of final plan drawings that certifies compliance with either the
ADAAG Manual or 28 CFR Part 36 Standards.
B.Make reasonable revisions to the Drawings and Specifications requested by City, informing the
City of any change in probable construction costs as a result of such revisions.
C.Provide technical criteria, written descriptions, and design data for City's use, and disclose any
significant risks and advantages/disadvantages inherent in or presented by design choices.
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D.Based upon Consultant’s best professional judgment, prepare and submit to City a current
detailed cost estimate for the Project including construction cost, contingencies, professional
compensation, consultant fees, land and right of way costs, damages, and finance costs, if any.
E.Consultant shall furnish one (1) hard copy and one (1) electronic copy of each above referenced
submittal document to City for City's use and shall review same in person with City. City may
request additional copies as needed for no additional charge.
2.4. Construction Documents and Bidding Phase
If Consultant is to provide professional services with respect to the Project during the Construction
Documents and Bidding Phase, Consultant shall perform the following unless otherwise stated in
Schedule 1:
A.Prepare and submit to City draft forms of contract agreement, general and special conditions,
bid forms invitations to bid, information for bidders, forms of warranty and including any special
requirements imposed upon such contracts by any federal or other funding source and by any
regulatory agency. In preparing such draft forms, Consultant shall consider and incorporate, to
the extent both advisable and feasible, City's standard forms of agreement, warranty, payment
and performance bonds, general conditions, and selected specifications.
B.After review and comment by City, prepare and submit all deliverables identified in Schedule 1
to this Agreement, final forms of contract agreement, general and special conditions, drawings,
specifications, bid forms, invitations to bid, information for bidders, and forms of warranty,
together with any Addenda which may be required or appropriate to correct errors, clarify
drawings and/or specifications or advise of changes. One (1) hard copy and one (1) electronic
copy of these final bid documents shall be furnished to City. Unless otherwise specified in
Schedule 1, a copy of all contract documents and drawings shall also be submitted to City in
Microsoft Word and AutoCAD (2006 or later version) format on electronic media.
C.Make recommendations to City concerning the need for prequalification of equipment, vendors
or bidders, and, if requested by City, incorporate prequalification requirements in final bid and
construction contract documents.
D.Attend a pre-bid conference with bidders to discuss Project requirements and receive requests
for clarification, if any, to be answered by Consultant in writing to all plan holders.
E.Consult with and make recommendations to City concerning acceptability of bidders,
subcontractors, suppliers, materials, equipment, suitability of proposed "or equals", amount of
bids, and any other matter involved in consideration and review of bids and bidders upon which
City may reasonably request Consultant's advice.
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2.5. Construction Phase
If Consultant is to provide professional services with respect to the Project during the Construction
Phase, after award by the City of a general contractor for construction of the Project, Consultant shall
perform the following unless otherwise stated in Schedule 1:
A.Perform all duties and functions to be performed by Consultant under the terms of the
construction contract.
B.Visit the Project site, perform observations as to the progress and quality of the work and advise
the City as to same. The frequency and level of observation shall be commensurate with the
nature of the work and size of the Project, except that any specific provisions set forth in
Schedule 1 - Scope of Services concerning the level of observation shall determine Consultant's
obligation concerning level of observation.
C.Make determinations as to whether the work is proceeding in accordance and compliance with
the construction contract documents.
D.Promptly advise the City in writing of any omissions, substitutions, defects, or deficiencies noted
in the work of any contractor, subcontractor, supplier, or vendor on the Project.
E.Reject any work on the Project that does not conform to the contract documents.
F.On request of the City, the construction contractor or any subcontractor on the Project, issue
written interpretations as to the drawings and specifications and requirements of the
construction work.
G.Review shop drawings, samples, product data, and other submittals of the Contractor for
conformance with the design concept of Project and compliance with the drawings,
specifications, and all other contract documents, and indicate to Contractor and City with
respect thereto, any exceptions noted, or modification or resubmittals required.
H.Review all applications of Contractor for payment and in connection with same, issue
certificates for payment to the City for such amounts as are properly payable under the terms of
the construction contract. Each such certificate shall constitute Consultant's representation to
City that it has inspected the Project and that to the best of its knowledge, the work for which
payment has been sought has been completed by Contractor in accordance with the drawings,
specifications, and other contract documents.
I.Subject to written concurrence by City, promptly render a written recommendation to City
concerning all proposed substitutions of material and equipment.
J.Draft, for City's consideration, and offer recommendations upon, all proposed change orders
and contract modifications.
K.On application for final payment by the Contractor, make a final inspection of the Project,
assembling and delivering to the City any written guaranties, instructions manuals, as-built
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drawings, diagrams, and charts required by the contract documents, and issuing a certificate of
final completion of the Project.
L.The Consultant shall, if provided in the construction contract, be the interpreter of the
construction documents and arbiter of claims and disputes thereunder. Upon written request of
the City or Contractor, the Consultant shall promptly make written interpretations of the
contract documents and render written decisions on all claims, disputes and other matters
relating to the execution or progress of the work on the Project. The interpretations and
decisions of the Consultant shall be final and binding on the Contractor and City, unless the
Director of Public Works of the City shall, within seven calendar days after receipt of the
Consultant's interpretation or decision, file its written objections thereto with the Consultant
and Contractor.
2.6. Additional Responsibilities
This section applies to all phases of Consultant's work:
A.Consultant shall be responsible for the professional quality, technical accuracy, timely
completion, and coordination of all of Consultant's work, including that performed by
Consultant's subconsultants and subcontractors, and including designs, Drawings, Specifications,
reports, and other services, irrespective of City's approval or acquiescence to same. Consultant
shall, without additional compensation, correct or revise any errors, omissions, or other
deficiencies in its work.
B.Consultant shall be responsible, in accordance with applicable law, to City for all loss or damage
to City caused by Consultant's negligent act or omission; except that Consultant hereby
irrevocably waives and excuses City and its attorneys from compliance with any requirement to
obtain a certificate of review as a condition precedent to commencement of an action, including
any such requirements set forth in Section 13-20-602, C.R.S. or similar statute.
C.Consultant's professional responsibility shall comply with the standard of care applicable to the
type of engineering and architectural services provided, commensurate with the size, scope, and
nature of the Project.
D.Consultant shall be completely responsible for the safety of Consultant's employees in the
execution of work under this Agreement, shall provide all necessary safety equipment for said
employees, and shall hold harmless and indemnify and defend City from any and all claims,
suits, loss, or injury to Consultant's employees.
E.Consultant acknowledges that, due to the nature of engineering and related professional
services and the impact of same on the Project, the City has a substantial interest in the
personnel and consultants to whom Consultant assigns principal responsibility for services
performed under this Agreement. Consequently, Consultant represents that Consultant has
selected and intends to employ or assign the key personnel and consultants identified in
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Schedule 4 "Identification of Personnel, Subconsultants/Subcontractors, and Task
Responsibility", attached hereto for the Project assignments and areas of responsibility stated
therein. Within 10 days of execution of this Agreement, City shall have the right to object in
writing to employment on the Project of any such key person, consultant, or assignment of
principal responsibility, in which case Consultant will employ alternate personnel for such
function or reassign such responsibility to another to whom City has no reasonable objection.
Thereafter, Consultant shall not assign or reassign Project work to any person to whom City has
reasonable objection.
1.Within five (5) days of execution of this Agreement, Consultant shall designate in writing a
Project representative who shall have complete authority to bind Consultant, and to whom
City should address communications.
F.Promptly after execution of this Agreement and upon receipt of authorization from City to
proceed, Consultant shall submit to City for approval a schedule showing the order in which
Consultant proposes to accomplish its work, with dates on which it will commence and
complete each major work item. The schedule shall provide for performance of the work in a
timely manner so as to not delay City's timetable for achievement of interim tasks and final
completion of Project work, provided however, the Consultant will not be responsible for delays
beyond its control.
G.Before undertaking any work which Consultant considers beyond or in addition to the scope of
work and services which Consultant has contractually agreed to perform under the terms of this
Agreement, Consultant shall advise City in writing (1) that Consultant considers the work beyond
the scope of this Agreement, (2) the reasons the Consultant believes the out of scope or
additional work should be performed, and (3) a reasonable estimate of the cost of such work.
Consultant shall not proceed with such out of scope or additional work until authorized in
writing by City. 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 "Fee
Schedule".
3.CITY'S RESPONSIBILITIES
City shall:
A.Designate a representative to whom all communications from Consultant shall be directed and
who shall have limited administrative authority on behalf of City to receive and transmit
information and make decisions with respect to Project. Said representative shall not, however,
have authority to bind City as to matters of legislative or fiscal policy.
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B.Advise Consultant of City's Project requirements including objective, project criteria, use and
performance requirements, special considerations, physical limitations, financial constraints,
and required construction contract provisions and standards.
C.Provide Consultant with available information pertinent to the Project including any previous
reports, studies or data possessed by City which relates to design or construction of the Project.
D.Assist in arranging for Consultant to have access to enter private and public property as required
for Consultant to perform its services.
E.Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents
presented by Consultant, and render written decisions pertaining thereto within a reasonable
time. The City's approval of drawings, design, specifications, reports and incidental engineering
work or materials furnished hereunder shall not in any way relieve the Consultant of
responsibility for the professional adequacy of the work. The City's review, approval, or
acceptance of, or payment for, any of the services shall not be construed to operate as a waiver
of any rights under this Agreement or of any cause of action arising out of the performance of
this Agreement.
F.Upon advice of the necessity to do so from Consultant, obtain required approvals and permits
for the Project. The Consultant shall provide all supportive documents and exhibits necessary for
obtaining said approvals and permits.
G.Notify Consultant whenever City becomes aware of any substantial development or occurrence
which materially affects the scope or timing of Consultant's services.
H.City shall perform its obligations and render decisions within a reasonable time under the
presented circumstances. However, given the nature of City's internal organization and
requirements, a period of 14 days shall be presumed reasonable for any decision not involving
policy decision or significant financial impact. A period of 46 days shall be presumed reasonable
for City to act with respect to any matter involving policy or significant financial impact.
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 “Services” and Section 2 of this
Agreement. The proposed work schedule attached as Schedule 3 may be adjusted by mutual agreement
of all parties.
5.PAYMENT
1.City will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement, except for services for additional work or work beyond
the scope of this Agreement, an amount not to exceed ____________ in the aggregate as
set forth in Schedule 2 "Fee Schedule" and computed in accordance with this Section. In the
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event compensation for services is set forth in Schedule 2 as to each phase of work
indicated in Section 1 of this Agreement, the maximum amount of compensation for any
phase shall not exceed the amount specified in Schedule 2 for such phase.
2.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.
3.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."
4.No compensation shall be paid to Consultant for services required and expenditures
incurred in correcting Consultant's mistakes or negligence.
5.Compensation for authorized work beyond the scope of this Agreement shall be governed
by Section 2.
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 subconsultants and 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. Consultant shall at all times act in good faith with respect to the orderly
transfer of work to the City or any entity designated by City.
B.Upon termination of this Agreement for events or reasons not the fault of Consultant,
Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and
reasonable costs incurred to 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. Consultant shall provide a detailed
final invoice to the City within fourteen (14) calendar days from the effective date of
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termination, itemizing the work completed, costs incurred, and any outstanding payments due.
In no event shall payment to Consultant upon termination exceed the maximum compensation
provided for complete performance in Section 5, and the Consultant expressly waives any right
to claim damages, including but not limited to lost profits, anticipated revenue, or indirect or
consequential damages arising out of or relating to the termination for convenience.
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
DESCRIBE EXPECTED RESULTS (ANALYSIS, EVALUATION, ETC.) , All data, drawings, specifications,
reports, plans, calculations, summaries and other information, and all 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 communication, notes, ADD
EXPECTED RESULTS (PLANS, SPECIFICATIONS, ETC.), plans, specifications, technical data, reports, and all
other documents pertaining to the work to be performed under this Agreement. In the event City uses
the information 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 information 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
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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. 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, Attn: DIRECTOR, DEPT ADDRESS, Pueblo, CO, 81003; or to the
Consultant, NAME OF CONSULTANT, SIGNER OF AGREEMENT, ADDRESS. Either party may change their
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.
7.5. 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 ____BID # 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.
7.6. Subcontracts
A.City acknowledges that Consultant is the prime contractor and the only party with whom City
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 City, and City shall be a third-party beneficiary of
those subcontract provisions.
B.Consultant shall indemnify and defend City from all claims and demands for payment for
services provided by subconsultants and subcontractors of Consultant.
C.Consultant acknowledges that, due to the nature of the services to be provided under this
Agreement, the City has a substantial interest in the personnel and consultants to whom
Consultant assigns principal responsibility for services performed under this Agreement.
Consequently, Consultant represents that it has selected and intends to employ or assign the
key personnel and consultants identified in its proposal submitted to City prior to execution of
this Agreement to induce City to enter this Agreement. Consultant shall not change such
consultants or key personnel except after giving notice of a proposed change to City and
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receiving City's consent thereto. Consultant shall not assign or reassign Project work to any
person to whom City has reasonable objection.
7.7. 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.
7.8. 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.
7.9. Choice of Law, Jurisdiction, and Venue
Colorado law, the Pueblo City Charter, the Pueblo Municipal Code, and rules and regulations issued
pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference that conflicts with said laws, rules, and
regulations shall be null and void. All suits or actions related to this Agreement shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in the County of Pueblo.
7.10. 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.
7.11. Appropriations
A.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 available and Consultant shall confirm availability of funds before
proceeding with work exceeding initial and subsequent annual appropriations.
B.Financial obligations of the City payable after the current City Fiscal Year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
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8.DISPUTES
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which the designated Agreement representatives cannot resolve shall be referred in writing
to the Mayor's Office for the City for a final determination of the issue. The Parties agree that
participation in this administrative procedure shall be a condition precedent to the initiation of
litigation, except in the case of an emergency or other conditions that entitle either Party to seek
injunctive or emergency relief from a court of competent jurisdiction, in which no participation in the
preceding alternative dispute resolution process shall be required.
9.REQUIRED FEDERAL, STATE, AND/OR GRANT PROVISIONS
1.Consultant understands that City may be funding the Project in whole or part with funds
provided by \[Name of funding agency and or grant title\]. Consultant agrees it is subject to
and shall comply with all applicable provisions of said \[Name of funding agency and or grant
title\] for which the contract award has been made and applicable regulations.
2.Consultant shall comply with the attached \[Title of attached requirement clauses\] and
any/all other Federal, State, and local laws applicable to its activities.
3.All records with respect to any matters covered by this Agreement shall be available for
inspection by City and or \[Name of funding agency and or grant title\] 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.
4.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
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.
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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, their employees,
subcontractors, and subconsultants.
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 subconsultants and 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. The policy shall also provide coverage for contractual liability
assumed by Consultant under the provisions of the agreement.
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. Alternate coverage of combined single limit, each accident, in an amount of not
less than $1,000,000 may be accepted at the discretion of the Purchasing Director. 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 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.
E.UPDATE THIS SECTION BASED ON FUNDING REQUIREMENTS IF NECESSARY.
10.3. Governmental Immunity
Liability for claims for injuries to persons or property arising from the negligence of the City, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et
seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b). No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
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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 I-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 ___ pages.
Schedule 2 - "Fee Schedule" consisting of ____ page.
Schedule 3 - "Work Schedule" consisting of ____ pages.
Schedule 4 - "Identification of Personnel, Subconsultants/Subcontractors, and Task
Responsibility" consisting of ____ pages.
(Continue to following page.)
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SIGNATURE
This Agreement and allother documents contemplated hereundermay 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: (1) an original, and all of which taken together shall constitute one and the
same agreement, (2) a valid and binding agreement and fully admissible under state and federal
law, and (3) enforceable in accordance with its terms.
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.
\[INSERT SIGNATURE SECTION\]
Attachments:
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Exhibit B
Agreement for Professional Consulting Services
City’s Standard Form of Agreement for Consulting Services
Note: Future Agreements for Engineering Services provided to City by Consultant shall remain
consistently in the same manner and form for projects assigned for Bid 24-059. City and Consultant
may update the form of Agreement for each Project as assigned and upon mutual agreement of City
and Consultant. City and Consultant may update sections of the following agreement due to updates
in regulations, requirements, etc. upon mutual agreement of City and Consultant.
1.INTRODUCTION
THIS AGREEMENT (“Agreement”) made and entered this ______ day of _____________________, 20____, by
and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as “City”) and _____NAME
OF CONSULTANT_______________, a _________COLORADO CORPORATION LLC etc.__________ (hereinafter
referred to as "Consultant"), a professional firm for Consultant to render certain
professional GENERALLY DESCRIBE WORK , and related services for City in connection with Bid
____BID # AND NAME_____________, hereinafter referred to as the "Project." In consideration of the
mutual covenants hereinafter set forth, the parties agree as follows:
A.Consultant shall satisfactorily perform professional GENERALLY DESCRIBE WORK , and
related services for the Project described in more detail in Schedule 1 attached hereto and
incorporated herein by reference (the "Services"). Such Services shall include all usual and
customary professional services incidental to the work on the Project. In the event this
Agreement follows the selection of Consultant by City 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
City 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.
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 DESCRIBE EXPECTED RESULTS (ANALYSIS, EVALUATION, ETC.) , and
other services, irrespective of City's approval of or acquiescence in same. Consultant shall be
responsible, in accordance with applicable law, to City for all loss or damage to City caused by
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Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and
excuses City and City'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.
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.
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 itwill
commence and complete each major work item. Except to the extent the parties agree totime
extensions for delays beyond the control of Consultant, Consultant shall adhere to thisschedule
and perform its work in a timely manner so as not to delay City's timetable forachievement of
interim tasks and final completion of Project work. Consultant furtheracknowledges that its
schedule has accounted for all reasonably anticipated delays, includingthose inherent in the
availability of tools, supplies, labor and utilities required for the work, theavailability of
information which must be obtained from any third parties, and all conditions toaccess to public
and private facilities.
Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Services described in Schedule 1 or otherwise contemplated by the terms of this
Agreement, Consultant shall advise City in writing that (1) Consultant considers the work beyond
the scope of this Agreement, (2) the reasons that Consultant believes the out of scope or
additional work should be performed, and (3) 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 City. 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.
Consultant acknowledges that, due to the nature of the services for this project, related
professional services, and the impact of same on the Project, the City has a substantial interestin
the personnel and consultants to whom Consultant assigns principal responsibility for services
performed under this Agreement. Consequently, Consultant represents that Consultant has
selected and intends to employ or assign the key personnel and subconsultants identified in
Schedule 4 ("Identification of Personnel, Subcontractors, and Task Responsibility") attached
hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of
execution of this Agreement, City shall have the right to object in writing to employment on the
Project of any such key person, subconsultant, or assignment of principal responsibility, in which
case Consultant will employ alternate personnel for such function or reassign such responsibility
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to another to whom City has no reasonable objection. Thereafter, Consultant shall not assign or
reassign Project work to any person to whom City has reasonable objection.
3.CITY'S RESPONSIBILITIES
A.City agrees to advise Consultant regarding City's Project requirements and to provide all
relevant information, data and previous reports accessible to City which Consultant may
reasonably require.
B.City shall designate a Project Representative to whom all communications from Consultant shall
be directed and who shall have limited administrative authority on behalf of City to receive and
transmit information and make decisions with respect to the Project. Said representative shall
not, however, have authority to bind City 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 agreement price.
C.City shall examine all documents presented by Consultant and render decisions pertaining
thereto within a reasonable time. The City's approval of any DESCRIBE EXPECTED RESULTS
(ANALYSIS, EVALUATION, ETC.) , or product furnished hereunder shall not in any way relieve
Consultant of responsibility for the professional adequacy of its work.
D.City shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of City 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 City to responsibly render a
decision has been furnished. A period of 46 days shall be presumed reasonable for City 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 City 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 – “Services” and Section 2 of this
Agreement. The proposed work schedule attached as Schedule 3 may be adjusted by mutual 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, except for services for additional work or work beyond the
scope of this Agreement, an amount not to exceed $ TOTAL AMOUNT OF AWARD in the
aggregate as set forth in Schedule 2 "Fee Schedule" and computed in accordance with this
Section. In the event compensation for services is set forth in Schedule 2 as to each phase of
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work indicated in 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.
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 DESCRIBE EXPECTED RESULTS (ANALYSIS, EVALUATION, ETC.) ,
or work product and materials as Consultant may have accumulated in performing this
Agreement, together with all finished work and work in progress. Consultant shall at all times
act in good faith with respect to the orderly transfer of work to the City or any entity designated
by City.
B.Upon termination of this Agreement for events or reasons not the fault of Consultant,
Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and
reasonable costs incurred to 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. Consultant shall provide a detailed
final invoice to the City within fourteen (14) calendar days from the effective date of
termination, itemizing the work completed, costs incurred, and any outstanding payments due.
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In no event shall payment to Consultant upon termination exceed the maximum compensation
provided for complete performance in Section 5, and the Consultant expressly waives any right
to claim damages, including but not limited to lost profits, anticipated revenue, or indirect or
consequential damages arising out of or relating to the termination for convenience.
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: (1) the reasonable value of completed work to
City, or (2) 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
DESCRIBE EXPECTED RESULTS (ANALYSIS, EVALUATION, ETC.) , and all 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 communication,
notes, ADD EXPECTED RESULTS (PLANS, SPECIFICATIONS, ETC.), technical data, reports, and all other
documents pertaining to the work to be performed under this Agreement. In the event City uses the
information 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 information 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
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employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, national origin, disability, or age.
7.4. 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, Attn: DIRECTOR, DEPT ADDRESS, Pueblo, CO, 81003; or to the
Consultant, NAME OF CONSULTANT, SIGNER OF AGREEMENT, ADDRESS. Either party may change their
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.
7.5.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 ____BID # 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.
7.6. Subcontracts
A.City acknowledges that Consultant is the prime contractor and the only party with whom City
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 City, and City shall be a third-party beneficiary of
those subcontract provisions.
B.Consultant shall indemnify and defend City 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 City has a substantial interest in the personnel and consultants to whom
Consultant assigns principal responsibility for services performed under this Agreement.
Consequently, Consultant represents that it has selected and intends to employ or assign the
key personnel and consultants identified in its proposal submitted to City prior to execution of
this Agreement to induce City to enter this Agreement. Consultant shall not change such
consultants or key personnel except after giving notice of a proposed change to City and
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receiving City's consent thereto. Consultant shall not assign or reassign Project work to any
person to whom City has reasonable objection.
7.7. 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.
7.8. 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.
7.9. Choice of Law, Jurisdiction, and Venue
Colorado law, the Pueblo City Charter, the Pueblo Municipal Code, and rules and regulations issued
pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement.
Any provision included or incorporated herein by reference that conflicts with said laws, rules, and
regulations shall be null and void. All suits or actions related to this Agreement shall be filed and
proceedings held in the State of Colorado and exclusive venue shall be in the County of Pueblo.
7.10. 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.
7.11. Appropriations
A.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 available and Consultant shall confirm availability of funds before
proceeding with work exceeding initial and subsequent annual appropriations.
B.Financial obligations of the City payable after the current City Fiscal Year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
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8.DISPUTES
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which the designated Agreement representatives cannot resolve shall be referred in writing
to the Mayor's Office for the City for a final determination of the issue. The Parties agree that
participation in this administrative procedure shall be a condition precedent to the initiation of
litigation, except in the case of an emergency or other conditions that entitle either Party to seek
injunctive or emergency relief from a court of competent jurisdiction, in which no participation in the
preceding alternative dispute resolution process shall be required.
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 \[Name of funding agency and or grant title\]. Consultant agrees it is subject to and
shall comply with all applicable provisions of said \[Name of funding agency and or grant title\] for
which the contract award has been made and applicable regulations.
B.Consultant shall comply with the attached \[Title of attached requirement clauses\] and any/all
other 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 City and or \[Name of funding agency and or grant title\] 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.
D.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
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.
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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, their employees,
subcontractors, and consultants.
10.2.Minimum Requirements
\[UPDATE THIS SECTION BASED ON FUNDING REQUIREMENTS AND TYPE OF WORK AS NECESSARY\]
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. The policy shall also provide coverage for contractual liability assumed by
Consultant under the provisions of the agreement.
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. Alternate coverage of combined single limit, each accident, in an amount of not
less than $1,000,000 may be accepted at the discretion of the Purchasing Director. 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 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.
10.3. Governmental Immunity
Liability for claims for injuries to persons or property arising from the negligence of the City, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et
seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b). No term or
condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
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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 I-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 complete the Colorado PERA Questionnaire and the completed form shall be
included as an Additional Information 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 ___ pages.
Schedule 2 - "Fee Schedule" consisting of ____ page.
Schedule 3 - "Work Schedule" consisting of ____ pages.
Schedule 4 - "Identification of Personnel, Subcontractors, and Task Responsibility" consisting of
____ pages.
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SIGNATURE
This Agreement and allother documents contemplated hereundermay 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: (1) an original, and all of which taken together shall constitute one and the
same agreement, (2) a valid and binding agreement and fully admissible under state and federal
law, and (3) enforceable in accordance with its terms.
This Agreement, together with all Project Documents incorporated by reference , constitutes
the entire Agreement between City and Con 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.
\[INSERT SIGNATURE SECTION\]
Attachments:
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Exhibit C
Work Order Form
NOTE: This form shall be completed at time of award for each individual project as applicable.
This Work Order is entered pursuant to and subject to the terms and conditions of the MASTER
CONTRACT for Bid __________________________________________________, including Appendix A
–Agreement for Professional Services incorporated therein, dated _________________________,
20__ between the City of Pueblo, a Municipal Corporation ("City"), and
_________________________________ (“Consultant”).
Scope of Work:
Time for Completion:
Work Order Compensation:
Approved by:
City of Pueblo, Director of
_______________________________________________________Date__________________
City of Pueblo, Director of Finance
_______________________________________________________Date__________________
City of Pueblo, Director of Purchasing
_______________________________________________________Date__________________
Consultant Authorized Representative
_______________________________________________________Date__________________
1
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Exhibit D
Funding Requirements
Excerpt from Request for Proposal dated April 16, 2024, Sections 9 and 10
COLO. DEPT. OF TRANSPORATION (CDOT) AND FHWA FUNDING
REQUIREMENTS
9.1. CDOT LOCAL AGENCY CIVIL RIGHTS AND DISADVANTAGED BUSINESS
ENTERPRISE (DBE) CONTRACT REQUIREMENTS
NOTICE: The following Funding Contract clauses may be updated to the most recent version to
correspond to each future agreement/work order as assigned.
The following requirements shall apply to FHWA-assisted contracts.
The following section may refer to Consultant and/or Contractor as any company contracted with the
City for work on a project.
A.Definitions
1.B2GNow. Web based platform utilized by CDOT to track Civil Rights compliance (DBE/ESB
participation) and prompt payment requirements on its contracts. The Consultant will use<
this platform to submit Utilization Plan(s), Subconsultant and Supplier/Vendor information
on the Contract.
2.CDOT Civil Rights. The CDOT Civil Rights office that assist with the contract and prompt
payment requirements on contracts. This can be in either the region or headquarters.Civil
Rights and Business Resource Center (CRBRC). CDOT’s Civil Rights office at Headquarters.
3.Commercially Useful Function (CUF). Responsibility for the execution of work by actually
performing, managing, and supervising the work, as described in 49 CFR Part 26.
4.Commitment. A portion of the Contract designated by the Consultant for participation by
DBE firms. The DBE firm(s) are included in the proposal team for participation to meet the
Contract Goal. Commitments must identify the work to be performed by the DBE and
include the percentage of the contract committed to each DBE firm. Commitments are
measured at the end of the contract and are calculated by the actual payments to a DBE
firm divided by the total payments made under the Contract.
5.Contract. Agreement between the Local Agency and the Consultant, whereby the
Consultant will be compensated in exchange for providing Professional Services and
ancillary services. For purposes of this document, the term “Contract” refers to an
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individual, executed Task Order for an On-Call Agreement or a Master Contract (overarching
agreement) for Project-Specific and Program-Specific Agreements.
6.Contract Goal Percentage. The percentage of the Contract established by CDOT for
reasonable participation by DBEs and stated in the invitation for consultant services.
7.Consultant. An individual, firm, corporation, or other legal entity with a direct contractual
relationship with the Local Agency’s solicitation to render Professional Services and ancillary
services.
8.Disadvantaged Business Enterprise (DBE). A Colorado certified Disadvantaged Business
Enterprise listed on the Colorado Unified Certification Program (UCP) DBE Directory at
www.coloradodbe.org.
9.Emerging Small Business (ESB). A CDOT certified Emerging Small Business firm listed on the
ESB Directory at www.coloradoesb.org.
10.Good Faith Efforts (GFE). All necessary and reasonable steps to secure the necessary
Commitments to meet the Contract Goal or other requirements of this contract, which by
their scope, intensity, and appropriateness to the objective could reasonably be expected to
fulfill the contract requirement. Guidance on Good Faith Efforts to meet the Contract Goal is
provided in 49 CFR Part 26, Appendix A.
11.Local Agency. The City of Pueblo.
12.Professional Services. The practice of architecture, engineering, professional land surveying,
landscape architecture, and industrial hygiene as defined in Colorado Revised Statutes (CRS)
24-30-1402 and 48CFR Part 2.
13.Reduction. Reduction occurs when the Consultant reduces a Commitment to a DBE. A
Reduction is a partial Termination.
14.Subconsultant. An individual, firm, corporation or other legal entity to whom the Consultant
sublets part of the contract. For purposes of these requirements, the term Subconsultant
includes Suppliers/Vendors.
15.Substitution. Substitution occurs when a Consultant seeks to find another certified DBE firm
to perform work on the contract as a result of a Reduction or Termination.
16.Termination. Termination occurs when a Consultant no longer intends to use a DBE firm for
fulfillment of a Commitment. This includes, but is not limited to, instances in which a
Consultant seeks to perform work originally designated for a DBE Subconsultant with its
own forces or those of an affiliate, a nonDBE firm, or with another DBE firm.
17.Utilization Plan (UP). The documentation of Subconsultant and Supplier/Vendor
participation on the awarded Contract. The Utilization Plan details all Subconsultants and
Suppliers/Vendors included as part of the proposal team and Commitments by percentage
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made by the Consultant. The Consultant must submit the Utilization Plan within five (5)
calendar days of receiving notice from CDOT’s B2GNow system.
18.Vendor. Participant on a CDOT contract that is providing services not considered to be a
Professional Services as defined in Colorado Revised Statute 24-30-1402 and 48 CFR Part 2.
A vendor would provide Non- Engineering Services (i.e. Geotechnical drilling, Public
Information/Relations, traffic control, etc) and would not be overseen by a licensed
engineer.
19.Work Code. A code to identify the work that a DBE is certified to perform. A work code
includes a six (6) digit North American Industry Classifications System (NAICS) code plus a
descriptor. Work codes are listed on a firm’s profile on the Colorado UCP DBE Directory at
https://coucp.dbesystem.com/. The Local Agency may include CDOT in discussions for
clarification. The consultant may contact the Civil Rights and Business Resource Center to
receive guidance on whether a work code covers the work to be performed.
B.For additional information please refer to CDOT’s Local Agency Civil Rights Guidelines for more
information: https://www.codot.gov/business/civilrights/compliance/prof-services/overview.
9.2. NONDISCRIMINATION AND SUBCONTRACTING REQUIREMENTS
The following requirements apply to all contracts and subcontracts on FHWA federally assisted contracts.
A.Non-discrimination. The Consultant, with regard to the work performed by it during the contract
term, will not discriminate on the grounds of race, color, or national origin in the selection and
retention of Subconsultants, including procurement of materials and leases of equipment. The
Consultant will not participate either directly or indirectly in the discrimination prohibited by the
Acts and the Regulations, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR Part 21.
B.Civil Rights Act of 1964 Title VI. CDOT, in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that for any contract entered into pursuant to
this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity
to submit bids in response to this invitation and will not be discriminated against on the grounds
of race, color, or national origin in consideration for an award.
C.Consultant Assurance. By submitting a proposal for this contract, the Consultant agrees to the
following assurance: The consultant, sub recipient, or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this Contract. The
Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this Contract, which may result in the termination of this
Contract. Such other remedy as deems appropriate, which may include, but is not limited to:
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1.Withholding monthly progress payments
2.Assessing sanctions
3.Liquidated damages
4.Disqualifying the consultant from future bidding as non-responsible
D.Prompt Payment. Payments to all Subconsultants shall be made within seven (7) calendar days
of receipt of payment from the Local Agency, or no later than ninety (90) calendar days from the
date of the submission of a complete invoice from the Subconsultant, whichever occurs first.
The Local Agency will assist in enforcing the Civil Rights Requirements outlined above as well as
prompt payment as outlined in 49 CFR, Part 26. If the Consultant has good cause to dispute an
amount invoiced by a Subconsultant, the Consultant shall notify the Subconsultant no later than
the required date for payment. Such notification shall include the amount disputed and
justification for the withholding. The Consultant shall maintain records of payment that show
amounts paid to all Subconsultants. Good cause does not include failure to timely submit an
invoice or to deposit payments made. The Consultant shall electronically submit prompt
payment audit reports in B2GNow by the fifteenth (15th) of each month through the B2GNow
software. If no payment has been made, the Consultant shall document this in the prompt
payment audit reporting.
E.Subcontract Terms. Parts A-D of this section shall be included in all subcontracts or other
agreements for the performance of work on the contract.
9.3. CONTRACT COMMITMENT
At the time of initial proposal, the Consultant must make a contractually binding guarantee to meet the
Contract Goal in accordance with 49 CFR 26.53.
A.Affidavit of Small Business Participation. The Affidavit of Small Business Participation is the
Consultant’s contractually binding guarantee to meet the Contract Goal or make Good Faith
Efforts to do so. CDOT’s Affidavit of Small Business Participation form must be submitted with
the Consultant’s statement of interest proposal. Failure to submit the CDOT Affidavit of Small
Business Participation form will result in the Consultant being deemed non- responsive and
ineligible for award. The Local Agency will copy the top preferred proposals to CDOT’s Civil
Rights and Business Resource Center (CRBRC) for approval of CDOT’s Affidavit of Small Business
Participation form. This form includes the commitments to meet the DBE goal.
B.Contract Utilization Plan (UP). Once the contract is awarded and the Local Agency receives a
signed contract, the Local Agency will submit the Local Agency Professional Services B2GNow
Contract Information form for CDOT to set up the contract in the B2GNow system. Once the
contract is setup in the system, the Consultant will receive a notice from CDOT within five (5)
calendar days of selection, to complete and submit a Utilization Plan via B2GNow. In order to
complete the Utilization Plan, the Consultant shall list all DBE, ESB, and nonDBE/ESB
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Subconsultants and Suppliers/Vendors included as part of its “most qualified” team. The
Utilization Plan shall also include all Commitments by percentage.
C.Consultant Responsibility. The Consultant is solely responsible for ensuring that the Contract
Goal is achieved upon completion of the work, expenditure of funds, and/or expiration of the
Contract, whichever occurs first. The Local Agency and CDOT assists in the monitoring as
oversight agencies.
D.Contract Good Faith Effort Requirement. The UP will not be approved by CDOT until the
Consultant documents sufficient Commitments to meet the Contract Goal or demonstrates
Good Faith Efforts to meet the Contract Goal even though it did not succeed in obtaining
sufficient Commitments to do so.
1.Good Faith Efforts mean that the Consultant:
a.Documents it has obtained enough DBE participation to meet the Contract Goal, or
b.Documents that it made adequate good faith efforts to meet the Contract Goal, even
though it did not succeed in obtaining enough DBE participation to do so
2.If the Consultant has not documented sufficient Commitments to meet the Contract Goal,
the Consultant shall provide an explanation of its efforts to obtain Commitments by
submitting the CDOT’s Professional Services Good Faith Efforts Report form and supporting
documentation to CRBRC.
a.The CRBRC will conduct a review to determine whether the Consultant has
demonstrated Good Faith Efforts to meet the Contract Goal
b.The CRBRC will approve the Contract Utilization Plan if it determines that the Consultant
has made Good Faith Efforts to meet the Contract Goal
3.In conducting Good Faith Effort reviews, the CRBRC will utilize the guidance found in
Appendix A to 49 CFR Part 26, where applicable. The CRBRC may also consider, but is not
limited to, the following factors in evaluating the Consultant’s Good Faith Efforts:
a.Performance of other consultants in meeting DBE goals on contracts that have a similar
scope of work, contract amount, location, and time frame
b.Reason(s) for choosing a nonDBE subconsultant over an interested DBE
c.Documentation of DBEs solicited by the Consultant and verification from the DBEs that
they were actually contacted by the Consultant
d.Past performance by the Consultant on contracts that have a similar scope of work,
contract amount, location and time frame
e.Any other factors that may be pertinent to the factual circumstances
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4.If the CRBRC determines the Consultant has made Good Faith Efforts to meet the Contract
Goal, the Master Contract Utilization Plan will be approved and all documentation of the
determination will be uploaded into B2GNow.
E.Administrative Reconsideration. If the CRBRC determines that the Consultant did not
demonstrate Good Faith Efforts to meet the Contract Goal, the Consultant will be provided a
written notice of its determination and an opportunity for administrative reconsideration by the
CDOT Chief Engineer or a designee.
1.The Chief Engineer or a designee will conduct administrative reconsideration.
a.The Consultant will have five (5) calendar days from the written notice to request
administrative reconsideration of an adverse Good Faith Efforts determination
b.The request shall include the basis for reconsideration and any supporting
documentation that the Consultant would like to be considered as part of the
reconsideration
c.The reconsideration should also specify whether the Consultant is requesting an
informal, in person or telephonic hearing with CDOT to address the issues in the Good
Faith Efforts determination
d.If a request for an informal hearing is not made, the Consultant will be deemed to have
waived this opportunity
2.Upon a hearing request, the Civil Rights and Business Resource Center will establish a date
and time for the hearing and send written notice via email to the Consultant, the Local
Agency and Civil Rights at least two (2) business days in advance of the hearing.
a.If schedules permit, the parties may waive the two (2) business day requirement
b.The CDOT Chief Engineer or designee may request additional documentation from the
Consultant and/or the Local Agency
c.A copy of all requests and responses should be provided to the other party and the
other party shall be given an opportunity to respond
3.The CDOT Chief Engineer or a designee shall issue the final determination as to whether the
Consultant made Good Faith Efforts to meet the Contract Goal.
a.The determination will be in writing and explain the basis for the CDOT Chief Engineer’s
or designee decision regarding whether or not the Consultant demonstrated Good Faith
Efforts tomeet the Contract Goal
b.The Good Faith Efforts determination of the CDOT Chief Engineer or designee is not
appealable
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9.4. ELIGIBLE DBE PARTICIPATION
In order to count towards the Contract Goal, (1) the work performed by the DBE Consultant,
Subconsultant, or Supplier/Vendor must be identified in an approved Commitment, and (2) the
Consultant, Subconsultant, or Supplier/Vendor must be DBE certified in the committed work upon
submission of the Commitment. The Local Agency will evaluate whether the work it is committed to
perform can reasonably be construed to fall within the work areas for which the DBE Consultant,
Subconsultant, or Supplier/Vendor is certified. The Local Agency may request assistance from CDOT if
needed.
A.If a Consultant, Subconsultant, or Supplier/Vendor is decertified as a DBE following the approval
of a Contract, its participation on that Contract may continue to count as DBE participation.
B.DBE participation will be tracked through the B2GNow.
C.Only work actually performed by the DBE will count towards the Contract Goal.
1.The Consultant may count the entire amount of fees or commissions charged by a DBE firm
for:
a.Providing a bona fide service, such as professional, technical, consultant, or managerial
services; and/or
b.Providing assistance in the procurement of essential personnel, facilities, equipment,
materials or supplies required for the performance of work, provided that the fee or
commission is determined by the Local Agency to be reasonable and not excessive as
compared with fees customarily allowed for similar services
2.When a DBE subcontracts part of the work of its contract to another firm, individual, or
entity, the value of the subcontracted work may only be counted if the subcontractor is also
a DBE certified firm.
a.Work that a DBE subcontracts out to a non-certified firm will not count toward the goal
b.DBE firms may use an employee leasing company for the work
i.The participation of the leased employees will count only if the certified DBE firm
maintains an employer-employee relationship with the leased employees
ii.This includes being responsible for hiring, firing, training, assigning, and otherwise
controlling the on-the-job activities of the leased employees, as well as ultimate
responsibility for wage and tax obligations related to the employees
c.Unless certified in the work to be performed, staffing agencies only count toward the
Contract Goal for placement fees and any hourly fee beyond the temporary employee’s
actual rate of pay
3.When a DBE performs as a participant in a joint venture:
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a. Only the portion of the total dollar value of the contract equal to the distinct, clearly
defined portion of the work that the DBE performs with its own forces may count
toward the Goal
b. In order to receive credit, the joint venture agreement must be submitted as an
attachment in the utilization plan submitted through B2GNow for review and approval
by CDOT
D. A DBE must be performing a Commercially Useful Function, as defined by 49 CFR 26.55(c), in
order for its participation to count towards the Contract Goal.
1. To perform a Commercially Useful Function:
a. The DBE must be responsible for the execution of the work to be performed and
b. Actually performing, managing, and supervising the work
2. In evaluating whether a DBE is performing a Commercially Useful Function, the Local Agency
will consider factors, including but not limited to:
a. The amount of subcontracted work
b. Industry practices, and
c. Whether payment to the DBE is commensurate with the work for which the DBE is
claiming credit, and any other relevant factors
3. DBE does not perform a Commercially Useful Function if its role is limited to that of an extra
participant in a transaction through which funds are passed in order to obtain the
appearance of DBE participation.
4. A DBE is presumed as not performing a Commercially Useful Function:
a. When it does not perform or exercise responsibility for at least thirty (30) percent of the
total cost of the work it is contracted to perform with its own workforce; or
b. When the DBE subcontracts a greater portion of its work than would be expected based
on normal industry practice for the type of work involved.
c. In these circumstances, the DBE may present evidence to CDOT in order to rebut the
presumption.
5. In order to finalize the Contract, the Consultant must have submitted a Professional Services
Commercially Useful Function Questionnaire form for each DBE firm that performed work or
provided supplies toward meeting the contract goal. The DBE, Consultant and Engineer must
sign the Professional Services Commercially Useful Function Questionnaire form.
6. The City’s determinations regarding Commercially Useful Function matters are not
appealable.
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9.5. UTILIZATION PLAN MODIFICATIONS
Reduction, Substitution, Termination. Reduction, Substitution, or Termination during the life of the
Contract shall only be permitted at the discretion of the Local Agency based upon a demonstration of
Good Cause by the Consultant. The Consultant may not Reduce, Substitute, Terminate, or add
Commitments without the Local Agency’s approval. Consultants may request modification approval to
the Local agency. The Local Agency may request for CDOT’s assistance and/or use CDOT’s Professional
Services DBE Participation Plan Modification Request form.
A. Notice to Subconsultant. Before requesting the Local Agency approval, the Consultant must give
the DBE Subconsultant notice in writing of the Consultant’s intent to Reduce, Substitute or
Terminate the Subconsultant’s work. Unless otherwise waived in writing by the DBE, the
Consultant must give the DBE five (5) calendar days to respond to the Consultant's notice d
advise the Local Agency of objections, if any, that it objects to the proposed Reduction,
Termination and/or Substitution and why the Consultant’s proposed action should not be
approved. If required as a matter of public necessity (e.g., safety), the Local Agency may waive
or reduce the period to respond. The DBE firm may also voluntarily waive the response period.
B. Good Cause Requirement. A Consultant must demonstrate Good Cause before a request for
Reduction, Substitution or Termination can be approved by the Local Agency. Good Cause does
not exist if Reduction, Substitution or Termination of a DBE is sought solely so that the
Consultant can self perform the work for which the DBE was engaged or so that the Consultant
can substitute another firm to perform the work. In evaluating whether Good Cause exists, the
Local Agency will consider, but is not limited to, the following factors:
1. Changes in the scope of work or scheduling that directly impacts the work committed to the
DBE
2. Failure or refusal by the DBE to execute a written contract
3. Failure or refusal by the DBE to perform the work of its subcontract consistent with normal
the industry standards, provided that such failure is not the result of bad faith or
discriminatory actions of the Consultant or one of its Subconsultants
4. The DBE fails to meet reasonable, nondiscriminatory insurance requirement
5. The DBE becomes bankrupt, insolvent, or exhibits credit unworthiness
6. The DBE is ineligible to work because of suspension or debarment proceedings or other
state law
7. The DBE is not a responsible Consultant
8. The listed DBE voluntarily withdraws from the project and provides to the Consultant
written notice of its withdrawal
9. The listed DBE is ineligible to receive credit for its participation
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10.The DBE owner dies or becomes disabled and the firm is unable to complete the work it is
committed to perform
11.The DBE ceases business operations or otherwise dissolves; and/or
12.Other documented good cause reasons determined by the Local Agency to compel the
termination of the DBE Subconsultant
C.Good Faith Effort Requirement. When a Commitment is Reduced or Terminated (including when
a DBE withdraws), the Consultant shall make Good Faith Efforts to find a Substitution up to the
Contract Goal for the DBE whose Commitment has been Terminated or Reduced, Substitutions
do not have to be in the same type of work that was Terminated or Reduced.
1.Prior to making a Substitution, the Consultant must receive the Local Agency’s approval for
the Substitution.
2.An approval of the modification constitutes a modification of the Utilization Plan through
CDOT. Each substitute DBE approved by the Local Agency must have documentation.
Documentation similar to a Project Cost Worksheet for Subconsultants or Letter of Intent
for a Supplier/Vendor that shows commitments to the firm on the contract are required.
Once approved, the Local Agency will work with the CRBRC to modify the UP in B2GNow.
9.6. ENFORCEMENT
It is the responsibility of the Local Agency and Consultant to ensure that Commitments are fulfilled or to
request Utilization Plan modifications in a timely manner as described in Section VI. Approvals under the
Contract are not an explicit or implicit approval by the Local Agency or CDOT of any Commitment
Terminations, Reductions, Substitutions, or any other waiver of the Contract Civil Rights requirements.
A.The Local Agency may conduct reviews or investigations of participants as necessary. All
participants on the Contract, including, but not limited to, DBE Subconsultants or
Suppliers/Vendors are required to cooperate fully and promptly with compliance reviews,
certification reviews, investigations, and other requests for information. This also includes
applicants for DBE certification, ESB Subconsultants and applicants for ESB certification,
complainants, and Consultants using Subconsultants to meet the Contract Goal.
B.If the Local Agency determines that a Consultant, Subconsultant or Supplier/Vendor was a
knowing and willing participant in any intended or actual subcontracting arrangement contrived
to artificially inflate DBE participation or any other business arrangement determined by the
Local Agency to be unallowable, or if the Consultant engages in repeated violations, falsification
or misrepresentation, the Local Agency may:
1.Refuse to count any fraudulent or misrepresented DBE/ESB participation
2.Withhold progress payments to the Consultant commensurate with the violation
3.Reduce the Consultant’s prequalification status
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4.Refer the matter to the Office of Inspector General of the US Department of Transportation
for investigation; and/or
5.Seek any other available contractual remedy
9.7. CONTRACT CLOSEOUT
The Local Agency will collect a completed CDOT Professional Services Closeout Report form upon
completion of the work, expenditure of funds, and/or expiration of the Contract, whichever comes first.
This form will report the final actual DBE participation on the Contract and any amounts for which CDOT
will be seeking reimbursement due to the Consultant not meeting Commitments. The Local Agency will
submit the form to CDOT Civil Rights with submission of the final invoice.
9.8. NONCONSTRUCTION FEDERAL HIGHWAY ADMINISTRATION (FHWA)
CONTRACT CLAUSES
Note: As future project are assigned, a copy of the applicable funding agreement will be provided to the
Consultant.
A.Federal laws and regulations that may be applicable to the Work include:
1.Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in
Department of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in
excess of $10,000 by the Local Agency and their contractors or the Local Agency).
2.The Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or repair).
3.The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local
Agency and the Local Agency when required by Federal Agreement program legislation. This
act requires that all laborers and mechanics employed by contractors or sub-contractors to
work on construction projects financed by federal assistance must be paid wages not less
than those established for the locality of the project by the Secretary of Labor).
4.Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330)as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by the Local Agency’s in excess of $2,000, and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers).
5.Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
sub-Agreements of amounts in excess of $100,000).
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6. Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163).
7. Office of Management and Budget (OMB)Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
8. The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person
or organization involved in the administration of federally-assisted programs.
9. In any contract utilizing federal funds, land, or other federal aid, the Local Agency shall
require the federal- aid recipient or contractor to provide a statement of written assurance
that they will comply with Section 504 and not discriminate on the basis of disability.
10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91- 646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the
contractor is acquiring real property and displacing households or businesses in the
performance of the Agreement).
11. The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.)
12. The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing
regulation, 45
13. C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and
implementing regulation 45 C.F.R. Part 84.
14. 23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related
Contracts".
15. 23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction
Contracts".
16. 23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
B. Nondiscrimination. During the performance of this contract, the contractor, for itself, its
assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to
comply with the following non-discrimination statutes and authorities; including but not limited
to:
1. Compliance with Regulations. The Contractor will comply with the Regulations of the
Department of Transportation relative to nondiscrimination in Federally assisted programs
of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the "Regulations"), which are herein incorporated by reference
and made a part of this Agreement.
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2. Nondiscrimination. The Contractor, with regard to the work performed by it after award and
prior to completion of the contract work, will not discriminate on the ground of race, color,
sex, mental or physical handicap or national origin in the selection and retention of
Subcontractors, including procurement of materials and leases of equipment. The
Contractor will not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix C of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all
solicitations either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract, including procurement of materials or equipment,
each potential Subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or national
origin.
4. Information and Reports. The Contractor will provide all information and reports required
by the Regulations, or orders and instructions issued pursuant thereto and will permit
access to its books, records, accounts, other sources of information and its facilities as may
be determined by the State or the FHWA to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of the Contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the
Contractor shall so certify to the State, or the FHWA as appropriate and shall set forth what
efforts have been made to obtain the information.
5. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Agreement, the State shall impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor
complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in
part.
C. Incorporation of Provisions. The Contractor will include the provisions regarding the foregoing
sections and the IGA (attached) in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant
thereto. The Contractor will take such action with respect to any subcontract or procurement as
the State or the FHWA may direct as a means of enforcing such provisions including sanctions
for noncompliance; provided, however, that, in the event the Contractor becomes involved in,
or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the
Contractor may request the State to enter into such litigation to protect the interest of the State
and in addition, the Contractor may request the FHWA to enter into such litigation to protect
the interests of the United States.
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9.9. OMB UNIFORM GUIDANCE FOR FEDERAL PROJECTS
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following:
A.Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part
60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935,
3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” During the performance of this contract, the
contractor agrees as follows:
1.The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such action
shall include, but not be limited to the following: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
2.The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3.The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice inconspicuous places
available to employees and applicants for employment.
4.The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965,and of the rules, regulations, and relevant orders of the Secretary of Labor.
5.The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
Page 51 of 164
pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6.In the event of the contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract maybe canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7.The contractor will include the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontractor purchase order as may be directed by the
Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction, the
contractor may request the United States to enter into such litigation to protect the
interests of the United States.”
B.Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C.
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti- Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or Subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled.
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1.The City must report all suspected or reported violations to the Federal awarding agency.
C.Rights to Inventions Made Under a Contract or Agreement. 3 If the Federal Award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under
that “funding agreement,” Subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
D.Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA). If applicable, Contractor agrees to the following:
1.Clean Air Act:
a.The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b.The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
federal, state, or other grant funding agency and the appropriate Environmental
Protection Agency Regional Office.
c.The Contractor agrees to include these requirements in each subcontract meeting or
exceeding $150,000.
2.Federal Water Pollution Control Act:
a.The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §
1251 et seq.
b.The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in turn, report each violation as required to assure notification to the
federal, state, or other grant funding agency and the appropriate Environmental
Protection Agency Regional Office.
c.The Contractor agrees to include these requirements in each subcontract meeting or
exceeding $150,000.
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E.Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System
for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549. If applicable,
Contractor shall be bound by it’s Bidder’s Certification for Debarment, Suspension, Ineligibility
and Voluntary Exclusion throughout the period of the Contract.
F.Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that
it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non-Federal award.
G.Domestic Preference for Procurement (C.F.R. § 200.322). To the extent consistent with law and
in accordance with 2 C.F.R. § 200.322, Contractor and all of its subcontractors will to the
greatest extent practicable under the Contract, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). This
requirement must be included in all contracts and purchase orders that Contractor may enter
into.
H.Procurement of Recovered Material (C.F.R. § 200.323).
1.In the performance of this contract/agreement, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items in accordance with
40 C.F.R. Part 247, unless the product cannot be acquired:
a.Competitively within a timeframe providing for compliance with the contract
performance schedule.
b.Meeting contract performance requirements.
c.At a reasonable price.
2.Information about this requirement, along with the list of EPA-designate items, is available
at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
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3.The Contractor also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act.
I.Additional Provisions.
1.Access to Records. The Contractor agrees to provide the federal fund and/or grant provider,
the City, the Comptroller General of the United States, and/or any of their authorized
representatives access to any books, documents, papers, and records of the Contractor
which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions.
2.The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
3.The Contractor agrees to provide the federal fund and/or grant provider or authorized
representatives access to construction or other work sites pertaining to the work being
completed under the Project.
4.In compliance with the Disaster Recovery Act of 2018, the City and the Contractor
acknowledge and agree that no language in this contract is intended to prohibit audits or
internal reviews by the federal fund and/or grant provider or the Comptroller General of the
United States.
5.Changes. The cost of changes, modifications, change orders, or constructive changes must
be allowable, allocable, within the scope of its grant or cooperative agreement, and
reasonable for the completion of the project scope.
Changes can be made by either party to alter the method, price, or schedule of the work
without breaching the contract as long as the City and Contractor agree to change in writing
and change still meets any funding submittal and expiration dates.
6.No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the non-federal entity,
Contractor, or any other party pertaining to any matter resulting from the contract.
7.Fraud and False or Fraudulent or Related Acts. The Contractor acknowledges that 31 U.S.C.
Chapter 38 (Administrative Remedies for False Claims or Statements) applies to the
Contractor’s actions pertaining to this contact.
9.10. CDOT PROFESSIONAL SERVICES CIVIL RIGHTS AND DISADVANTAGED
BUSINESS ENTERPRISE REQUIREMENTS
A.Definitions
1.B2GNow. Web based platform utilized by CDOT to track Civil Rights compliance (DBE/ESB
participation) and prompt payment requirements on its contracts. The Consultant will use
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this platform to submit Utilization Plan(s), Subconsultant and Supplier/Vendor information
on the Contract.
2. CDOT Civil Rights. The CDOT Civil Rights office that assist with the contract and prompt
payment requirements on contracts. This can be in either the region or headquarters.
3. Civil Rights and Business Resource Center (CRBRC). CDOT’s Civil Rights office at
Headquarters.
4. Commercially Useful Function (CUF). Responsibility for the execution of work by actually
performing, managing, and supervising the work, as described in 49 CFR Part 26.
5. Commitment. A portion of the Contract designated by the Consultant for participation by
DBE firms. The DBE firm(s) are included in the proposal team for participation to meet the
Contract Goal. Commitments must identify the work to be performed by the DBE and
include the percentage of the contract committed to each DBE firm. Commitments are
measured at the end of the contract and are calculated by the actual payments to a DBE
firm divided by the total payments made under the Contract.
6. Contract. Agreement between the Local Agency and the Consultant, whereby the
Consultant will be compensated in exchange for providing Professional Services and
ancillary services. For purposes of this document, the term “Contract” refers to an
individual, executed Task Order for an On-Call Agreement or a Master Contract (overarching
agreement) for Project-Specific and Program-Specific Agreements.
7. Contract Goal Percentage. The percentage of the Contract established by CDOT for
reasonable participation by DBEs and stated in the invitation for consultant services.
8. Consultant. Contractor whether designated as engineer, consultant or otherwise who has
entered an agreement with Local Agency pursuant to which mandatory federal and state
contract provisions have become applicable including the requirements of this Part III.
9. Disadvantaged Business Enterprise (DBE). A Colorado certified Disadvantaged Business
Enterprise listed on the Colorado Unified Certification Program (UCP) DBE Directory at
www.coloradodbe.org.
10. Emerging Small Business (ESB). A CDOT certified Emerging Small Business firm listed on the
ESB Directory at www.coloradoesb.org.
11. Good Faith Efforts (GFE). All necessary and reasonable steps to secure the necessary
Commitments to meet the Contract Goal or other requirements of this contract, which by
their scope, intensity, and appropriateness to the objective could reasonably be expected to
fulfill the contract requirement. Guidance on Good Faith Efforts to meet the Contract Goal is
provided in 49 CFR Part 26, Appendix A.
12. Local Agency. Pueblo, a municipal corporation.
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13.Professional Services. The practice of architecture, engineering, professional land surveying,
landscape architecture, and industrial hygiene as defined in Colorado Revised Statutes (CRS)
24-30-1402 and 48CFR Part 2.
14.Reduction. Reduction occurs when the Consultant reduces a Commitment to a DBE. A
Reduction is a partial Termination.
15.Subconsultant. An individual, firm, corporation or other legal entity to whom the Consultant
sublets part of the contract. For purposes of these requirements, the term Subconsultant
includes Suppliers/Vendors.
16.Substitution. Substitution occurs when a Consultant seeks to find another certified DBE firm
to perform work on the contract as a result of a Reduction or Termination.
17.Termination. Termination occurs when a Consultant no longer intends to use a DBE firm for
fulfillment of a Commitment. This includes, but is not limited to, instances in which a
Consultant seeks to perform work originally designated for a DBE Subconsultant with its
own forces or those of an affiliate, a nonDBE firm, or with another DBE firm.
18.Utilization Plan (UP). The documentation of Subconsultant and Supplier/Vendor
participation on the awarded Contract. The Utilization Plan details all Subconsultants and
Suppliers/Vendors included as part of the proposal team and Commitments by percentage
made by the Consultant. The Consultant must submit the Utilization Plan within five (5)
calendar days of receiving notice from CDOT’s B2GNow system.
19.Vendor. Participant on a CDOT contract that is providing services not considered to be a
Professional Services as defined in Colorado Revised Statute 24-30-1402 and 48 CFR Part 2.
A vendor would provide Non- Engineering Services (i.e. Geotechnical drilling, Public
Information/Relations, traffic control, etc.) and would not be overseen by a licensed
engineer.
20.Work Code. A code to identify the work that a DBE is certified to perform. A work code
includes a six (6) digit North American Industry Classifications System (NAICS) code plus a
descriptor. Work codes are listed on a firm’s profile on the Colorado UCP DBE Directory at
https://coucp.dbesystem.com/. The Local Agency may include CDOT in discussions for
clarification. The consultant may contact the Civil Rights and Business Resource Center to
receive guidance on whether a work code covers the work to be performed.
B.Nondiscrimination and Subcontracting Requirements for all contracts and subcontracts on
FHWA federally assisted contracts with the City.
1.Non-discrimination. The Consultant, with regard to the work performed by it during the
contract term, will not discriminate on the grounds of race, color, or national origin in the
selection and retention of Subconsultants, including procurement of materials and leases of
equipment. The Consultant will not participate either directly or indirectly in the
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discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR
Part 21.
2. Civil Rights Act of 1964 Title VI. CDOT, in accordance with the provisions of Title VI of the
Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations,
hereby notifies all bidders that it will affirmatively ensure that for any contract entered into
pursuant to this advertisement, disadvantaged business enterprises will be afforded full and
fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
3. Consultant Assurance. By submitting a proposal for this contract, the Consultant agrees to
the following assurance: The consultant, sub recipient, or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this
Contract. The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of DOT assisted contracts. Failure by the Consultant to carry out
these requirements is a material breach of this Contract, which may result in the
termination of this Contract. Such other remedy as deems appropriate, which may include,
but is not limited to:
a. Withholding monthly progress payments
b. Assessing sanctions
c. Liquidated damages
d. Disqualifying the consultant from future bidding as non responsible
4. Prompt Payment. Payments to all Subconsultants shall be made within seven (7) calendar
days of receipt of payment from the Local Agency, or no later than ninety (90) calendar days
from the date of the submission of a complete invoice from the Subconsultant, whichever
occurs first. The Local Agency will assist in enforcing the Civil Rights Requirements outlined
above as well as prompt payment as outlined in 49 CFR, Part 26. If the Consultant has good
cause to dispute an amount invoiced by a Subconsultant, the Consultant shall notify the
Subconsultant no later than the required date for payment. Such notification shall include
the amount disputed and justification for the withholding. The Consultant shall maintain
records of payment that show amounts paid to all Subconsultants. Good cause does not
include failure to timely submit an invoice or to deposit payments made. The Consultant
shall electronically submit prompt payment audit reports in B2GNow by the fifteenth (15th)
of each month through the B2GNow software. If no payment has been made, the
Consultant shall document this in the prompt payment audit reporting.
5. Subcontract Terms. Parts A-D of this section shall be included in all subcontracts or other
agreements for the performance of work on the contract.
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C.Contract Commitment required at the time of initial proposal. The Consultant must make a
contractually binding guarantee to meet the Contract Goal in accordance with 49 CFR 26.53.
1.Affidavit of Small Business Participation. The Affidavit of Small Business Participation is the
Consultant’s contractually binding guarantee to meet the Contract Goal or make Good Faith
Efforts to do so. CDOT’s Affidavit of Small Business Participation form must be submitted
with the Consultant’s statement of interest proposal. Failure to submit the CDOT Affidavit of
Small Business Participation form will result in the Consultant being deemed non responsive
and ineligible for award. The Local Agency will copy the top preferred proposals to CDOT’s
Civil Rights and Business Resource Center (CRBRC) for approval of CDOT’s Affidavit of Small
Business Participation form. This form includes the commitments to meet the DBE goal.
2.Contract Utilization Plan (UP). Once the contract is awarded and the Local Agency receives a
signed contract, the Local Agency will submit the Local Agency Professional Services
B2GNow Contract Information form for CDOT to set up the contract in the B2GNow system.
Once the contract is setup in the system, the Consultant will receive a notice from CDOT
within five (5) calendar days of selection, to complete and submit a Utilization Plan via
B2GNow. In order to complete the Utilization Plan, the Consultant shall list all DBE, ESB, and
nonDBE/ESB Subconsultants and Suppliers/Vendors included as part of its “most qualified”
team. The Utilization Plan shall also include all Commitments by percentage.
3.Consultant Responsibility. The Consultant is solely responsible for ensuring that the Contract
Goal is achieved upon completion of the work, expenditure of funds, and/or expiration of
the Contract, whichever occurs first. The Local Agency and CDOT assists in the monitoring as
oversight agencies.
4.Contract Good Faith Effort Requirement. The UP will not be approved by CDOT until the
Consultant documents sufficient Commitments to meet the Contract Goal or demonstrates
Good Faith Efforts to meet the Contract Goal even though it did not succeed in obtaining
sufficient Commitments to do so.
a.Good Faith Efforts mean that the Consultant:
i.Documents it has obtained enough DBE participation to meet the Contract Goal, or
ii.Documents that it made adequate good faith efforts to meet the Contract Goal,
even though it did not succeed in obtaining enough DBE participation to do so
b.If the Consultant has not documented sufficient Commitments to meet the Contract
Goal, the Consultant shall provide an explanation of its efforts to obtain Commitments
by submitting the CDOT’s Professional Services Good Faith Efforts Report form and
supporting documentation to CRBRC.
i.The CRBRC will conduct a review to determine whether the Consultant has
demonstrated Good Faith Efforts to meet the Contract Goal
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ii. The CRBRC will approve the Contract Utilization Plan if it determines that the
Consultant has made Good Faith Efforts to meet the Contract Goal
c. In conducting Good Faith Effort reviews, the CRBRC will utilize the guidance found in
Appendix A to 49 CFR Part 26, where applicable. The CRBRC may also consider, but is
not limited to, the following factors in evaluating the Consultant’s Good Faith Efforts:
i. Performance of other consultants in meeting DBE goals on contracts that have a
similar scope of work, contract amount, location, and time frame
ii. Reason(s) for choosing a nonDBE subconsultant over an interested DBE
iii. Documentation of DBEs solicited by the Consultant and verification from the DBEs
that they were actually contacted by the Consultant
iv. Past performance by the Consultant on contracts that have a similar scope of work,
contract amount, location and time frame
v. Any other factors that may be pertinent to the factual circumstances
d. If the CRBRC determines the Consultant has made Good Faith Efforts to meet the
Contract Goal, the Master Contract Utilization Plan will be approved and all
documentation of the determination will be uploaded into B2GNow.
5. Administrative Reconsideration. If the CRBRC determines that the Consultant did not
demonstrate Good Faith Efforts to meet the Contract Goal, the Consultant will be provided
a written notice of its determination and an opportunity for administrative reconsideration
by the CDOT Chief Engineer or a designee.
a. The Chief Engineer or a designee will conduct administrative reconsideration.
i. The Consultant will have five (5) calendar days from the written notice to request
administrative reconsideration of an adverse Good Faith Efforts determination
ii. The request shall include the basis for reconsideration and any supporting
documentation that the Consultant would like to be considered as part of the
reconsideration
iii. The reconsideration should also specify whether the Consultant is requesting an
informal, in person or telephonic hearing with CDOT to address the issues in the
Good Faith Efforts determination
iv. If a request for an informal hearing is not made, the Consultant will be deemed to
have waived this opportunity
b. Upon a hearing request, the Civil Rights and Business Resource Center will establish a
date and time for the hearing and send written notice via email to the Consultant, the
Local Agency and Civil Rights at least two (2) business days in advance of the hearing.
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i.If schedules permit, the parties may waive the two (2) business day requirement
ii.The CDOT Chief Engineer or designee may request additional documentation from
the Consultant and/or the Local Agency
iii.A copy of all requests and responses should be provided to the other party and the
other party shall be given an opportunity to respond
c.The CDOT Chief Engineer or a designee shall issue the final determination as to whether
the Consultant made Good Faith Efforts to meet the Contract Goal.
i.The determination will be in writing and explain the basis for the CDOT Chief
Engineer’s or designee decision regarding whether or not the Consultant
demonstrated Good Faith Efforts to meet the Contract Goal
ii.The Good Faith Efforts determination of the CDOT Chief Engineer or designee is not
appealable
D.Please refer to CDOT’s Local Agency Civil Rights Guidelines for more information:
https://www.codot.gov/business/civilrights/compliance/prof-services/overview. Contractor
agrees to be bound by and subject to this section.
9.11. ADDITIONAL CDOT PROFESSIONAL SERVICES CIVIL RIGHTS AND
DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
A.Eligible DBE Participation. In order to count towards the Contract Goal, (1) the work performed
by the DBE Consultant, Subconsultant, or Supplier/Vendor must be identified in an approved
Commitment, and (2) the Consultant, Subconsultant, or Supplier/Vendor must be DBE certified
in the committed work upon submission of the Commitment. The Local Agency will evaluate
whether the work it is committed to perform can reasonably be construed to fall within the
work areas for which the DBE Consultant, Subconsultant, or Supplier/Vendor is certified. The
Local Agency may request assistance from CDOT if needed.
1.If a Consultant, Subconsultant, or Supplier/Vendor is decertified as a DBE following the
approval of a Contract, its participation on that Contract may continue to count as DBE
participation.
2.DBE participation will be tracked through the B2GNow.
3.Only work actually performed by the DBE will count towards the Contract Goal.
a.The Consultant may count the entire amount of fees or commissions charged by a DBE
firm for:
i.Providing a bona fide service, such as professional, technical, consultant, or
managerial services; and/or
ii.Providing assistance in the procurement of essential personnel, facilities,
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equipment, materials or supplies required for the performance of work, provided
that the fee or commission is determined by the Local Agency to be reasonable and
not excessive as compared with fees customarily allowed for similar services
b.When a DBE subcontracts part of the work of its contract to another firm, individual, or
entity, the value of the subcontracted work may only be counted if the subcontractor is
also a DBE certified firm.
i.Work that a DBE subcontracts out to a non-certified firm will not count toward the
goal
ii.DBE firms may use an employee leasing company for the work
I.The participation of the leased employees will count only if the certified DBE
firm maintains an employer-employee relationship with the leased employees
iii.This includes being responsible for hiring, firing, training, assigning, and otherwise
controlling the on-the-job activities of the leased employees, as well as ultimate
responsibility for wage and tax obligations related to the employees
Unless certified in the work to be performed, staffing agencies only count toward
the Contract Goal for placement fees and any hourly fee beyond the temporary
employee’s actual rate of pay
c.When a DBE performs as a participant in a joint venture:
i.Only the portion of the total dollar value of the contract equal to the distinct, clearly
defined portion of the work that the DBE performs with its own forces may count
toward the Goal
ii.In order to receive credit, the joint venture agreement must be submitted as an
attachment in the utilization plan submitted through B2GNow for review and
approval by CDOT
4.A DBE must be performing a Commercially Useful Function, as defined by 49 CFR 26.55(c), in
order for its participation to count towards the Contract Goal.
a.To perform a Commercially Useful Function:
i.The DBE must be responsible for the execution of the work to be performed and
ii.Actually performing, managing, and supervising the work
b.In evaluating whether a DBE is performing a Commercially Useful Function, the Local
Agency will consider factors, including but not limited to:
i.The amount of subcontracted work
ii.Industry practices, and
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iii. Whether payment to the DBE is commensurate with the work for which the DBE is
claiming credit, and any other relevant factors
c. DBE does not perform a Commercially Useful Function if its role is limited to that of an
extra participant in a transaction through which funds are passed in order to obtain the
appearance of DBE participation.
d. A DBE is presumed as not performing a Commercially Useful Function:
i. When it does not perform or exercise responsibility for at least thirty (30) percent of
the total cost of the work it is contracted to perform with its own workforce; or
ii. When the DBE subcontracts a greater portion of its work than would be expected
based on normal industry practice for the type of work involved.
iii. In these circumstances, the DBE may present evidence to CDOT in order to rebut the
presumption.
e. In order to finalize the Contract, the Consultant must have submitted a Professional
Services Commercially Useful Function Questionnaire form for each DBE firm that
performed work or provided supplies toward meeting the contract goal. The DBE,
Consultant and Engineer must sign the Professional Services Commercially Useful
Function Questionnaire form.
f. The Local Agency’s determinations regarding Commercially Useful Function matters are
not appealable.
B. Utilization Plan Modifications
1. Reduction, Substitution, Termination. Reduction, Substitution, or Termination during the life
of the Contract shall only be permitted at the discretion of the Local Agency based upon a
demonstration of Good Cause by the Consultant. The Consultant may not Reduce,
Substitute, Terminate, or add Commitments without the Local Agency’s approval.
Consultants may request modification approval to the Local agency. The Local Agency may
request for CDOT’s assistance and/or use CDOT’s Professional Services DBE Participation
Plan Modification Request form.
a. Notice to Subconsultant. Before requesting the Local Agency approval, the Consultant
must give the DBE Subconsultant notice in writing of the Consultant’s intent to Reduce,
Substitute or Terminate the Subconsultant’s work. Unless otherwise waived in writing
by the DBE, the Consultant must give the DBE five (5) calendar days to respond to the
Consultant's notice d advise the Local Agency of objections, if any, that it objects to the
proposed Reduction, Termination and/or Substitution and why the Consultant’s
proposed action should not be approved. If required as a matter of public necessity
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(e.g., safety), the Local Agency may waive or reduce the period to respond. The DBE firm
may also voluntarily waive the response period.
b.Good Cause Requirement. A Consultant must demonstrate Good Cause before a request
for Reduction, Substitution or Termination can be approved by the Local Agency. Good
Cause does not exist if Reduction, Substitution or Termination of a DBE is sought solely
so that the Consultant can self perform the work for which the DBE was engaged or so
that the Consultant can substitute another firm to perform the work. In evaluating
whether Good Cause exists, the Local Agency will consider, but is not limited to, the
following factors:
i.Changes in the scope of work or scheduling that directly impacts the work
committed to the DBE
ii.Failure or refusal by the DBE to execute a written contract
iii.Failure or refusal by the DBE to perform the work of its subcontract consistent with
normal the industry standards, provided that such failure is not the result of bad
faith or discriminatory actions of the Consultant or one of its Subconsultants
iv.The DBE fails to meet reasonable, nondiscriminatory insurance requirement
v.The DBE becomes bankrupt, insolvent, or exhibits credit unworthiness
vi.The DBE is ineligible to work because of suspension or debarment proceedings or
other state law
vii.The DBE is not a responsible Consultant
viii.The listed DBE voluntarily withdraws from the project and provides to the
Consultant written notice of its withdrawal
ix.The listed DBE is ineligible to receive credit for its participation
x.The DBE owner dies or becomes disabled and the firm is unable to complete the
work it is committed to perform
xi.The DBE ceases business operations or otherwise dissolves; and/or
xii.Other documented good cause reasons determined by the Local Agency to compel
the termination of the DBE Subconsultant
c.Good Faith Effort Requirement. When a Commitment is Reduced or Terminated
(including when a DBE withdraws), the Consultant shall make Good Faith Efforts to find
a Substitution up to the Contract Goal for the DBE whose Commitment has been
Terminated or Reduced, Substitutions do not have to be in the same type of work that
was Terminated or Reduced.
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i.Prior to making a Substitution, the Consultant must receive the Local Agency’s
approval for the Substitution.
ii.An approval of the modification constitutes a modification of the Utilization Plan
through CDOT. Each substitute DBE approved by the Local Agency must have
documentation. Documentation similar to a Project Cost Worksheet for
Subconsultants or Letter of Intent for a Supplier/Vendor that shows commitments
to the firm on the contract are required. Once approved, the Local Agency will work
with the CRBRC to modify the UP in B2GNow.
C.Enforcement
1.It is the responsibility of the Local Agency and Consultant to ensure that Commitments are
fulfilled or to request Utilization Plan modifications in a timely manner as described in
Section VI. Approvals under the Contract are not an explicit or implicit approval by the Local
Agency or CDOT of any Commitment Terminations, Reductions, Substitutions, or any other
waiver of the Contract Civil Rights requirements.
a.The Local Agency may conduct reviews or investigations of participants as necessary. All
participants on the Contract, including, but not limited to, DBE Subconsultants or
Suppliers/Vendors are required to cooperate fully and promptly with compliance
reviews, certification reviews, investigations, and other requests for information. This
also includes applicants for DBE certification, ESB Subconsultants and applicants for ESB
certification, complainants, and Consultants using Subconsultants to meet the Contract
Goal.
b.If the Local Agency determines that a Consultant, Subconsultant or Supplier/Vendor was
a knowing and willing participant in any intended or actual subcontracting arrangement
contrived to artificially inflate DBE participation or any other business arrangement
determined by the Local Agency to be unallowable, or if the Consultant engages in
repeated violations, falsification or misrepresentation, the Local Agency may:
i.Refuse to count any fraudulent or misrepresented DBE/ESB participation
ii.Withhold progress payments to the Consultant commensurate with the violation
iii.Reduce the Consultant’s prequalification status
iv.Refer the matter to the Office of Inspector General of the US Department of
Transportation for investigation; and/or
v.Seek any other available contractual remedy
D.Contract Closeout
1.The Local Agency will collect a completed CDOT Professional Services Closeout Report form
upon completion of the work, expenditure of funds, and/or expiration of the Contract,
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whichever comes first. This form will report the final actual DBE participation on the
Contract and any amounts for which CDOT will be seeking reimbursement due to the
Consultant not meeting Commitments. The Local Agency will submit the form to CDOT Civil
Rights with submission of the final invoice.
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SPECIAL, STATE, FEDERAL, AND GRANT FUNDING REQUIREMENTS
10.1.Special Funding Contract Requirements
The following Special Funding Contract clauses may be updated to the most recent version to
correspond to each future agreement/work order as assigned.
For use with FEMA, ARPA, SLFRF, and/or other state and federal grant funds and cooperative
agreements.
The following section may refer to Consultant and/or Contractor as any company contracted with the
City for work on a project.
This bid attachment shall be added to all City bid projects with the potential utilization of federal or
state fund projects (including projects utilizing FEMA, ARPA, SLFRF, or grant funds). The following
clauses mirror the Federal Required Contract Provisions available at www.fema.gov/procurement-
disaster-assistance-team.
A.Definitions
1.Agreement: For the purposes of this bid and/or project, agreement shall indicate a contract
between City and Contractor.
2.Contractor: Awarded bidder, consultant, and/or engineer contracted or under agreement
with the City for a specified duration or for specific project work.
3.Contract:: Any form of agreement, award, written contract, issued purchase order, purchase
agreement, etc. as issued by the City as a result of a formal or informal bid, cooperative
agreement, or other award as determined appropriate by the Purchasing Director and/or
City Mayor and/or City Council.
B.Notice
1.The project(s) and contracts utilizing funds from a federally established fund, disaster relief
program, state program, or other grant fund are subject to the sections contained herein
and signature of the bid by the Contractor shall constitute Contractor’s agreement to all
terms within this bid, agreement, and/or contract.
2.Failure to adhere to all federal, FEMA, state, grant, and City project requirements may mean
suspension or department by the City of Pueblo, the federal government, and other FEMA
awarded projects (as per 2 CFR, Part 180, Implementing Executive Orders 12549 and 12689).
It is the Contractor’s responsibility to adhere to any federal fund project requirements that
may be revised, added, stipulated by the situation or federal fund advisor, etc. Additionally,
Contractor must adhere to the terms of the grant award as applicable for each project,
including all federal laws, executive orders, federal regulations, state oversight regulations,
etc. Failure to adhere to these and all other project requirements may mean suspension or
department (see section below).
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3.As indicated in each Section, some clauses determined nonapplicable for this project may be
removed.
10.2. Remedies
Applicable to all contracts/agreements in excess of $250,000; 2 CFR, Part 200, Appendix II(A)
A.All remedies provided for in this Agreement may be exercised individually or in combination
with any other remedy available hereunder or under applicable laws, rules and regulations. The
exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy.
B.The City may withhold any amount that may be due Contractor as the City deems necessary to
protect the City against loss including, without limitation, loss as a result of outstanding liens
and excess costs incurred by the City in procuring from third parties replacement products and
services necessary to complete the project.
C.City may deny payment for products not received and services not performed, or that due to
Contractor’s actions/inactions cannot be delivered/performed, or if they were
delivered/performed and are reasonably of no value to the City, provided that any denial of
payment shall be equal to the value of the City’s obligations for products/services not
delivered/performed.
10.3. Termination for Cause and Convenience
Applicable to all contracts/agreements in excess of $10,000; 2 CFR, Part 200, Appendix II(B)
A.Termination for Cause. Contractor’s failure to perform or observe any covenant, condition,
provision, or term of the contract shall constitute Contractor’s default. In the event of
Contractor’s default, the City shall have the right to exercise its legal and equitable remedies as
listed above and may immediately terminate the agreement upon written notice to Contractor.
B.Termination for Convenience. City shall have the option, in its sole discretion, to terminate the
contract at any time during the term for convenience and without cause. City shall exercise this
option by giving Contractor written notice of termination including date on which termination
shall become effective.
C.Within 30 days after specified termination, Contractor shall submit to City a final invoice for
actual property shipped, received, and accepted and/or services (partial or in full) accepted as
complete by the City’s authorized representative. All invoices shall be pro-rated for exact
amount of product received or work submitted. City shall not pay any additional costs for loss of
work or contract, administrative or work costs after termination date, costs to subcontractors or
subconsultants for loss of work, or any other conditions. The City’s payment obligation under
this Section shall survive termination of the contract.
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10.4. Equal Employment Opportunity
This section is required for all federal grant and cooperative agreement programs; 2 CFR, Part 200,
Appendix II(C)
During the performance of this contract, the Contractor agrees as follows:
A.The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor
will take affirmative action to ensure that applicants are employed, and that employees are
treated during employment without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to the following:
1.Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth
the provisions of this nondiscrimination clause.
B.The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
C.The Contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the Contractor's legal duty to furnish information.
D.The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments
under this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
E.The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
F.The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
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thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
G.In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
H.The Contractor will include the portion of the sentence immediately preceding paragraph A and
the provisions of paragraphs A through H in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
1.Provided, however, that in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into such
litigation to protect the interests of the United States.
10.5. Compliance with Contract Work Hours and Safety Standards Act
Applicable for projects in excess of $100,000 that involve employment of mechanics or laborers; 2 CFR,
Part 200, Appendix II(E)
A.Overtime requirements. Contractor will comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 C.F.R. Part 5). No Contractor or subcontractor
contracting for any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in any work week in
which he or she is employed on such work to work in excess of forty hours in such work week
unless such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such work week.
B.Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph 6.1 of this section the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including watchmen and
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guards, employed in violation of the clause set forth in paragraph A of this section, in the sum of
$27 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph A.
C.Withholding for unpaid wages and liquidated damages. The City shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal contract with the
same Contractor, or any other federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for
unpaid wages and liquidated damages as provided in the clause set forth in paragraph B of this
section.
D.Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraphs A through D of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs A through D of this section.
10.6. Rights to Inventions Made Under a Contract/Agreement
Applicable to contracts for performance of experimental, developmental, or research work; 2 CFR, Part
220, Appendix II(F)
If the Contractor qualifies as a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under the federal
funding contract, the Contractor must comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements.”
10.7. Clean Air Act and The Federal Water Pollution Control Act
Contracts in excess of $150,000; 2 CFR, Part 200, Appendix II(G)
A.Clean Air Act:
1.The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
2.The Contractor agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the federal,
state, or other grant funding agency and the appropriate Environmental Protection Agency
Regional Office.
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3. The Contractor agrees to include these requirements in each subcontract meeting or
exceeding $150,000.
B. Federal Water Pollution Control Act:
1. The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.
2. The Contractor agrees to report each violation to the City and understands and agrees that
the City will, in turn, report each violation as required to assure notification to the federal,
state, or other grant funding agency and the appropriate Environmental Protection Agency
Regional Office.
3. The Contractor agrees to include these requirements in each subcontract meeting or
exceeding $150,000.
10.8. Debarment and Suspension
Required for all federal, state, grant, and cooperative agreement programs; 2 CFR, Part 200, Appendix
II(H)
A. This contract is a covered transaction for purposes of 2 CFR, Part 180 and 2 CFR, Part 3000. As
such the Contractor is required to verify that none of the Contractor, its principals (defined at 2
CFR Section 180.995) or its affiliates (defined at 2 CFR Section 180.905) are excluded (defined at
2 CFR Section 180.940) or disqualified (defined at 2 CFR Section 180.935).
B. The Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and
must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
C. This certification is a material representation of fact relied upon by City. If it is later determined
that the Contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart
C, in addition to remedies available to City, the federal government may pursue available
remedies, including but not limited to suspension and/or debarment.
D. The bidder agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part
3000, subpart C while this offer is valid and throughout the period of any contract that may arise
from this offer. The Proposer further agrees to include a provision requiring such compliance in
its lower tier covered transactions.
10.9. Byrd Anti-lobbying Amendment
Award of $100,000 or more; 2 CFR, Part 200, Appendix II(I)
Contractors must sign and submit to the City the Byrd Anti-lobbying Amendment Certification.
Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency, a
Page 72 of 164
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with
obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.
10.10. Procurement of Recovered Materials
Required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix II(J)
A. In the performance of this contract/agreement, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items in accordance with 40
C.F.R. Part 247, unless the product cannot be acquired:
1. Competitively within a timeframe providing for compliance with the contract performance
schedule.
2. Meeting contract performance requirements.
3. At a reasonable price.
B. Information about this requirement, along with the list of EPA-designate items, is available at
EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
C. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
10.11. Prohibition on Certain Telecommunications and Video Surveillance Services
or Equipment
Required for all federal grant and cooperative agreement programs used to purchase
telecommunications and video surveillance services or equipment; 2 CFR, Part 200, Appendix II(K)
The Contractor and all of its subcontractors acknowledge and will comply with the requirements of 2
C.F.R. § 200.216, including the prohibition on spending federal loan or grant funds to procure or obtain
the prohibited equipment, services, or systems covered by the provision.
10.12. Domestic Preferences for Procurement
Required for all federal grant and cooperative agreement programs; 2 CFR, Part 200, Appendix II(L)
To the extent consistent with law and in accordance with 2 C.F.R. § 200.322, Contractor and all of its
subcontractors will to the greatest extent practicable under the Contract, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United States (including
but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement
must be included in all contracts and purchase orders that Contractor may enter into.
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10.13. Access to Records
This section from Recommended Contract Provision No. 1; Required for all City federally funded projects
A.The Contractor agrees to provide the federal fund and/or grant provider, the City, the
Comptroller General of the United States, and/or any of their authorized representatives access
to any books, documents, papers, and records of the Contractor which are directly pertinent to
this contract for the purposes of making audits, examinations, excerpts and transcriptions.
B.The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
C.In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge
and agree that no language in this contract is intended to prohibit audits or internal reviews by
the federal fund and/or grant provider or the Comptroller General of the United States.
10.14. Changes
This section from Recommended Contract Provision No. 2; Required for all City federally funded projects
A.The cost of changes, modifications, change orders, or constructive changes must be allowable,
allocable, within the scope of its grant or cooperative agreement, and reasonable for the
completion of the project scope.
B.Changes can be made by either party to alter the method, price, or schedule of the work
without breaching the contract as long as the City and Contractor agree to change in writing and
change still meets any funding submittal and expiration dates.
10.15. Department of Homeland Security Seal, Logo, and Flags
This section from Recommended Contract Provision No. 3; Required for all City federally funded projects
The Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific federal fund and or grant
administrator approval.
10.16. Compliance with Federal Law, Regulations, and Executive Orders
This section from Recommended Contract Provision No. 4; Required for all City federally funded projects
This is an acknowledgement that federal financial assistance will be used to fund all or a portion of the
contract. The Contractor will comply with all applicable federal law, regulations, executive orders,
federal policies, procedures, and directives.
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10.17. No Obligation by Federal Government
This section from Recommended Contract Provision No. 5; Required for all City federally funded projects
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities
to the non-federal entity, Contractor, or any other party pertaining to any matter resulting from the
contract.
10.18.Fraud and False or Fraudulent or Related Acts
This section from Recommended Contract Provision No. 6; Required for all City federally funded projects
The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims or
Statements) applies to the Contractor’s actions pertaining to this contact.
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Schedule 1
Scope of Service
Excerpt from Request for Proposal dated April 16, 2024, Section 3
3.1. Objective
A.The City of Pueblo is soliciting competitive proposals from qualified civil geotechnical
engineering firms to provide services to the Public Works Department as it relates to
geotechnical engineering of foundations, retaining walls, pavement design, soil analysis and
testing, concrete and asphalt pavement testing, detailed engineering design, and inspection.
B.Only Proposers qualified to offer such services will be considered.
C.The awarded agreements may will be utilized by the Department of Public Works and other City
Departments on an as needed basis.
3.2. Minimum Qualifications
A.Proposers must be a registered engineer in good standing with the State of Colorado; must be
able to stamp Civil and Geotechnical drawings.
B.Must be able to perform or subcontract soil, concrete, and asphalt testing and analysis.
C.All professionals, whether awarded Consultant, subconsultant, and/or subcontractor, if required
by the State of Colorado to perform their services, must provide proof of licensing.
3.3. Scope of Service
A.Administrative Duties
1.Consultant shall attend community meetings and pre-bid conference, if required for the
project, and respond to the bidder’s technical questions via addendum that will be prepared
by the City’s Project Manager;
2.Make presentations to City Council, public, and other agencies as requested by City staff.
3.Provide litigation support, expert-witness testimony, and conduct geoforensic studies in
support of City-related litigation.
4.Provide technical advice to City personnel related to all matters of geotechnical engineering,
including but not limited to, current building code requirements, State and Federal
regulations.
B.Geotechnical investigation and design services, including borings and material testing for Public
Works projects
1.Review of geotechnical reports and maps
2.Site reconnaissance
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3.Underground service alert coordination
4.Subsurface soil sampling
5.Boring logs
6.Geotechnical engineering analysis
7.Geotechnical design recommendation for grading and foundations
8.Overseen by Geotechnical Engineer
C.Pavement evaluation and design
1.Pavement corings
2.Deflection testing
3.Pavement analysis per Caltrans methodology
4.Overseen by Professional Engineer
D.Geotechnical observation and testing, materials testing, and special inspection
1.Acceptance Testing of various construction materials, including but not limited to, AC,
aggregate base, subgrade, concrete, and more
2.Field sampling/testing/observation
3.Plant inspection
4.Laboratory testing
5.Laboratory certification (Caltrans, AMRL, etc.)
6.Meeting City’s Quality Assurance Program
E.Geotechnical review services
1.Review of geotechnical reports
2.Review of grading and foundation plans
3.Preparation of review sheets
4.Billing
5.Coordination with planning and building/safety staff
6.Presentation at City Council meetings
7.Requires GE and CEG to perform reviews
F.The awarded Consultant(s) will be required to provide all professional services necessary to
complete the following types of projects:
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1.Foundations
2.Retaining walls
3.Pavement design
4.Soil analysis and testing
5.Concrete and asphalt paving testing
6.Detailed engineering design
7.Inspection
8.Additional related services as requested
G.Additionally, the Consultant shall:
1.Provide staff and services on an as-needed basis
2.Analysis of Project Site
a.Provide recommendations for locating all amenities listed in the project scope based on
user safety and experience, economic feasibility, environmental sustainability, and
constructability
3.Graphics
a.Provide necessary graphics (plans, perspectives, elevations, details, and renderings) to
best illustrate the project
4.Final Design Criteria
a.Develop final design criteria, construction materials and methods, dimensions, and site
amenities
5.Electronic submissions
a.Shall consist of an Adobe pdf version and all Computer-Aided Design files
6.As needed, Consultant may be requested to attend meetings with City, make presentations
to City Council and community stakeholders, etc.
3.4. Project Implementation
A.The intent of this project is to qualify one to three (1 – 3) consultants for future work as
needed.
B.At the time of each project or task, the City's Project Manager will contact the Consultant(s) to
request a Proposal(s) including the following information:
1.Specific Scope of Service outlining Consultant's process for managing the project and/or
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task(s)
2.Include any items/steps that Consultant recommends for thorough completion of the
project/task(s)
3.A detailed Proposed Fee Schedule including assignment of personnel and a maximum not to
exceed Grand Total
a.Note: Proposed Fee Schedule shall be in accordance with Consultant’s Proposed Hourly
Rates as submitted with this RFP
4.Outline any cost-effective approaches to competing the project/task
5.Proposed Work Schedule with specific dates, milestones, deadlines, submittal, etc.
C.The Project Manager and authorized City’s staff will evaluate the Proposal(s) and award to the
Consultant determined to best meet the needs of the City.
1.A new Agreement or Work Order will be issued for each project as assigned for the duration
of that specific work.
2.Proposal(s) may be presented to City Council prior to Agreement for a project/task.
D.Cost overages during the project must be pre-authorized and obtain written approval of the
City’s Project Manager.
E.If the City and Consultant are unable to agree on a scope of work and fee structure for a project,
the City retains the right to negotiate with other firms able to provide services for the project.
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AggregateSieve Analysis Fine Aggregate (included in wash)Sodium Sulfate Soundness (per size faction)Sodium Sulfate Soundness 12 CycleSodium Sulfate Soundness 5 CycleSpecific Gravity/Absorption
CoarseSpecific Gravity/Absorption FineStaining Test Lightweight AggregatesUncompacted Void Content
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Absorptive (per specimen)
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Unit WeightAging of Asphalt CementAsphalt Content/Gradation (ignition oven)Asphalt Core Thickness & Specific Gravity (per core)Asphalt Max. Theoretical Specific Gravity (per sample)Asphalt
Mix Design Review (job spec)Bending Beam TestBulk Specific Gravity Coated (per specimen)Bulk Specific Gravity NonCompressive Strength of Hot Mix AsphaltDirect Tension TestDuctility
at 39.4 degrees FDuctility at 77 degrees FDynamic RheometerFlash PointMarshall Mix Design (flow and unit weight)
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Marshall Stability (flow and unit weight)Maximum Theoretical Unit WeightMixing/Compaction TemperaturesPenetrationPolymer CompatibilitySoftening PointSolubilitySpecific GravitySpecimen
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FViscosity at 275 degrees FAsphalt Content by Nuclear Gage or Ignition Oven
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Core DensityCore Lift ThicknessExtraction and GradationGyratory RefusalHveem Mix DesignHveem Properties Including Theoretical Maximum DensityImmersion CompressionIndirect Tensile CreepIndirect
Tensile StrengthLottman Tensile Strength RatioLottman Tensile Strength Ratio CyclicMarshall Mix DesignMarshall Properties Including Theoretical Maximum DensityNuclear Asphalt Content
Gage CalibrationSample Preparation and Miscellaneous TestingStripping TestSwell Test
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Theoretical Maximum DensityAir ContentAutoclave Expansion CementBlane Fineness CementCement ContentChemical Analysis CementCompressive Strength Additional CubesCompressive Strength Tests
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Abrasion ResistanceBlocking AssessmentChloride Content Chemical AnalysisChloride Ion Penetration Rapid Chloride PermeabilityCompression Tests (6x12 cylinder)Compressive Strength (cast
by others)Compressive Strength and Density Core SamplesCompressive Strength CylindersConcrete Cores (compression excludes sampling)Concrete Freeze/Thaw 300 CyclesConcrete Mix Design
Review (job spec)Concrete Mix Design Review (job spec)Cracking Tendency of ConcreteDensity/Absorption of Hardened ConcreteDirect Tension of CoresDrying ShrinkageElectrical Conductivity
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(compression)Mixing Fee Required for Some TestsModulus of Elasticity Tests Frame MethodPulse VelocityScaling ResistanceShear BondSplitting Tensile Test CylindersStatic SegregationSurface
ResistivityCompressive StrengthFlexural Strength
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Test (8x8x16)
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CycleQ Block Test Series Compressive, Dimensional, AbsorptionAbsorption Analysis (set of 5)Adobe Brick PropertiesCoefficient of Saturation (set of 5)Compressive Strength Tests (set
of 5)Dimensional Analysis (set of 5)Efforescence (set of 5)
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Prism (half size compression)Mortar Mix (6 cubes per mix)Water Retentivity TestChemical AnalysisFireproofing Density TestHardness Test, RockwellHigh Strength Bold, Nut & Washer Conformance
(set)Mechanically Spliced Reinforcing Tensile Test (ACI)PreReinforcing Tensile or Bend (up to No 11)Structural Steel Tensile Test (up to 200,000 matching extra)
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Reinforcing Tensile Test (up to No 11 bars)Air ContentAlkali ReactivityAvailable AlkaliAutoclave Expansion PozzolanBlaine Fineness PozzolanChemical Analysis PozzolanDensityDrying Shrinkage
Mortar Bar MethodFineness No. 325 Sieve PozzolanLoss on Ignition MoistureStandard Properties
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Remolded (3 points)Undisturbed (3 points)
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Standard ProctorConsolidation (with time rate)Consolidation Full Cycle (without time rate)Consolidation Hydro (response to wetting)Consolidation Test One Dimensional Time (additional
increments)Consolidation Test One Dimensional Time (setup with initial load)Direct Shear Direct Shear Double Hydrometer Analysis
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OnlyMoisture, Ash, and Organic Matter of Peat/Organic SoilsNatural Moisture and DensityPermeabilityPermeability Back Pressure OdeometerPermeability Flex Membrane (triaxial cell)Permeability
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only)Compressive Strength Additional Mixes
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with Lightweight Aggregate (additional charge per mix)Time of SetsEarthwork and Compaction TestingDrilled Pier InstallationProof Load of Anchor or Dowels2 WD and/or Field Vehicle (excludes
mileage)4 WD Vehicle (excludes mileage)ACM Core Sampling Core TubesAir Sampling Cassettes
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Schedule 3
Identification of Personnel, Subcontractors, and Task Responsibility
Excerpt from Consultant’s Proposal dated May 8, 2024
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Page 116 of 164
Additional Information for Master Contract
Proposer’s Agreement to Special Funding Requirements
System for Award Management (SAM.gov) Registration
Certificate of Good Standing
Affirmative Action Plan
PERA Questionnaire
Insurance Certificate(s)
Page 117 of 164
ACKNOWLEDGEMENT OF FUTURE FUNDING FORMS
A sample of the Required Funding Forms are attached:
Certification Regarding Byrd Anti-Lobbying
Affidavit of Small Business Participation
Bidder’s Certification for Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Lobbying Restrictions Form
Notices:
The funding forms may be updated to the most recent version to correspond to each future
agreement/work order as assigned and Consultant shall complete the required funding forms for
each agreement/work order as assigned.
Thefunding source requirements may require additional/revised forms thatwill be issuedto the
Consultant at the time of request for project proposal.
Acknowledgement:
Bidder acknowledges receipt and review of thefunding forms attached hereto. Additionally, bidder
certifies that they will complete the required funding forms for each project as assigned or City may reject
Consultant proposal for that work if Consultant is unable to complete the required funding forms as
applicable at that time.
SpdlTpm!Dpotvmujoh!Hspvq-!Jod/
Consultant CompanyName:______________________________________________________________
Authorized Signature for Company:________________________________________________________
Tbfje!Tbfc-!QiE-!QF-!Qsftjefou!boe!Pxofs
Printed Name/Title:______________________________________________________________
Date:_____________________________________
1601903135
Page 118 of 164
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Page 122 of 164
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, as the Secretary of State of the Stateof Colorado, hereby certify that,
according to the records of this office,
SPDLTPM!DPOTVMUJOH!HSPVQ-!JOD/
Ofx!Nfyjdp
is an entity formed or registered under the law of , has complied with all
applicable requirements of this office, and is in good standing with this office. This entity has
2:::2138924
been assigned entity identification number .
This certificate reflects facts established or disclosed by documents delivered to this office on
1:04103135
paper through that have been posted, and by documents delivered to this office
22;16;4:
2101203135
electronically through @.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
210120313522;16;4:
official certificate at Denver, Colorado on @ in accordance with applicable law.
27545:65
This certificate is assigned ConfirmationNumber .
*********************************************End of Certificate********************************************
gvmmz!boe!jnnfejbufmz!wbmje!boe!fggfdujwf/
Ipxfwfs-!bt!bo!pqujpo-!uif!jttvbodf!boe!wbmjejuz!pg!b!dfsujgjdbuf!pcubjofe!fmfduspojdbmmz!nbz!cf!ftubcmjtife!cz!wjtjujoh!uif!Wbmjebuf!b!
Dfsujgjdbuf!qbhf!pg!iuuq;00xxx/0cj{0DfsujgjdbufTfbsdiDsjufsjb/ep
ejtqmbzfe!po!uif!dfsujgjdbuf-!boe!gpmmpxjoh!uif!jotusvdujpot!ejtqmbzfe/!Dpogjsnjoh!uif!jttvbodf!pg!b!dfsujgjdbuf!jt!
nfsfmz!pqujpobm!boe!jt!opu!ofdfttbsz!up!uif!wbmje!boe!fggfdujwf!jttvbodf!pg!b!dfsujgjdbuf/!Gps!npsf!jogpsnbujpo-!wjtju!pvs!fctjuf-
iuuq;00xxx/dmjdl
RockSol Consulting Group, Inc.
Page 124 of 164
12076 Grant Street, Thornton, CO 80241Ph 303.962.9300Fax 303.962.9350 Web www.rocksol.com
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 partyby the City of Pueblo to perform any service as an employee, contract employee, consultant,
independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of
Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be
completed, signed and returned to the City of Pueblo:
(a)Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA
Retiree who will perform any services for the City of Pueblo? Yes___, No___. (If you answered “no” please
proceed to signature section at bottom of this page.)
(b)If you answered “yes” to (a) above, please answer the following question: Are you an individual, sole
proprietor or partnership,or a business or company owned or operated by a PERA Retiree or an affiliated party?
For purposes of responding to this question, 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. Yes ____, No____.
If you answered “yes” please state which of the above entities best describes your business:
__________________________________________________________________________________________.
(c)If you answered “yes” to both (a) and (b), 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.
Please provide the name, address, date of birth,and social security number of each such PERA Retiree. If more
than two, please attach a supplemental list.
Name Address DOB Social Security Number
NameAddressDOBSocial Security Number
Failure to accurately complete, sign and return this document to the City of Pueblo may resultin you being
denied the privilege of doing business with the City of Pueblo.
SpdlTpm!Dpotvmujoh!Hspvq-!Jod/
Company Name: ___________________________________________________________________________
Dpouspmmfs
AuthorizedSignature: _________________________________Title: __________________________________
Mjtb!Gsbodjt
Printed Name:_______________________________________Date: _________________________________ 2102503135
Page 125 of 164
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