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HomeMy WebLinkAbout08098ORDINANCE NO. 8098 AN ORDINANCE APPROVING AND ACCEPTING AN AMERICAN RECOVERY AND REINVESTMENT ACT ASSISTANCE TO FIREFIGHTERS STATION CONSTRUCTION GRANT, AWARD NUMBER EMW -2009- FC-01730R, AND APPLICABLE CONDITIONS PERTAINING THERETO, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE A GRANT AGREEMENT RELATING TO SAME, ESTABLISHING PROJECT NO. ARPW01, APPROPRIATING AND TRANSFERRING FUNDS IN THE AMOUNT OF $260,000.00 FROM THE POLICE BUILDING FUND TO PROJECT NO. ARPW01, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,994,445.00 FOR THE PURPOSES AUTHORIZED BY THE GRANT AGREEMENT WHEREAS, the Federal Emergency Management Agency (FEMA) of the U.S. Department of Homeland Security has tendered a grant award under the American Recovery and Reinvestment Act Assistance to Firefighters Station Construction Grants program ( "Award ") and grant agreement number EMW- 2009- FC- 01730R (the "Grant Agreement ")to the City of Pueblo in the amount of $2,734,445.00; and WHEREAS, acceptance of the Award is in the best interest of the City, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreement, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized and directed to execute the Grant Agreement and deliver any other instruments required to effect acceptance of the Grant Agreement on behalf of the City, and the City Clerk is directed to attest same. SECTION 3. Project No. ARPW01 is hereby established within the American Recovery and Reinvestment Act Grants Fund 240 (the "Fund "). The full amount of the Award, $2,734,445.00, shall be deposited to Project No. ARPW01 within the Fund. Matching funds of the City, in the amount of $260,000.00, are hereby appropriated and transferred from the Police Building Fund to Project No. ARPW01 within the Fund. The amount of $2,994,445.00 is hereby budgeted and appropriated from Project No. ARPW01 for expenditure for the purposes authorized by the Grant Agreement. SGrTlrlr\l d This Ordinance shall become effective immediately upon final passage and approval. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 26, 2009 BY: Judy Weaver } CCOUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: November 9, 2009 L) 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # S -3 DATE: OCTOBER 26, 2009 DEPARTMENT: FIRE DEPARTMENT CHIEF CHRISTOPHER P. RILEY TITLE AN ORDINANCE APPROVING AND ACCEPTING AN AMERICAN RECOVERY AND REINVESTMENT ACT ASSISTANCE TO FIREFIGHTERS STATION CONSTRUCTION GRANT, AWARD NUMBER EMW- 2009- FC- 01730R, AND APPLICABLE CONDITIONS PERTAINING THERETO, AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE A GRANT AGREEMENT RELATING TO SAME, ESTABLISHING PROJECT NO. ARPW01, APPROPRIATING AND TRANSFERRING FUNDS IN THE AMOUNT OF $260,000.00 FROM THE POLICE BUILDING FUND TO PROJECT NO. ARPW01, AND BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $2,994,445.00 FOR THE PURPOSES AUTHORIZED BY THE GRANT AGREEMENT ISSUE Should the City of Pueblo accept a grant award from the Federal Emergency Management Agency in the amount of $2,734,445.00, establish a Project account, appropriate and transfer $260,000. in matching funds from the Police Building Fund to the Project account, and budget and appropriate the amount of $2,994,445 for the grant purposes (i.e., construction of the new fire station)? It is the recommendation of the Fire Chief that the grant agreement be approved, that a Project account be established, that the additional City funds be appropriated, and that the combined funds be budgeted and appropriated for construction of a new fire station. BACKGROUND An application for a grant from the Federal Emergency Management Agency was authorized by Resolution 11678, approved by Council on August 24, 2009. The grant award is for construction of a replacement fire station for fire station #4 currently located at 1201 East Evans. The new station will be located at 2201 Lake Avenue. FINANCIAL IMPACT The City had represented in the grant application that it would contribute $500,000.00 toward the total construction project cost. This amount had been estimated as needed in order to have sufficient funds available to construct the station. If the City accepts the grant, as recommended, the City is required to contribute to the final costs of the project in the same ratio as pledged in the final approved application. To meet this requirement, the City must now appropriate and transfer those additional City funds for the project. The project has a fund balance of $240,000.00. An additional amount of $260,000.00 will be appropriated and transferred from the Police Building Fund Panel Review U. S. Department of Homeland Security Washington, D . 20472 U FE° M A Mr. Harry Serven City of Pueblo Fire Department 1551 Bonforte Blvd Pueblo, Colorado 81001 -1642 Re: Grant No.EMW- 2009- FC- 01730R Dear Mr. Serven: Page 2 of 8 On behalf of the Federal Emergency Management Agency (FEMA) /Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the American Recovery and Reinvestment Act Assistance to Firefighters Station Construction Grants (ARRA -SCG) has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration, carries out the Federal responsibilities of administering your grant. The approved project costs total to $2,734,445.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant funds awarded to you. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval from FEMA. If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the awards process or how to request your grant funds, please call the helpdesk at 1 -866- 274 -0960. Sincerely, t� Timothy W. Manning Deputy Administrator National Preparedness Directorate https: / /portal.fema. gov /firegrant /j sp /fire_admin/awards/ spec /view_ award_package.do ?agre... 10/2/2009 Panel Review . \1 't FEMA Agreement Articles Page 3 of 8 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES AMERICAN RECOVERY AND REINVESTMENT ACT ASSISTANCE TO FIREFIGHTERS STATION CONSTRUCTION GRANTS — Firefighter Safety or Community Safety GRANTEE: City of Pueblo Fire Department PROGRAM: Firefighter Safety or Community Safety AGREEMENT NUMBER: EMW- 2009- FC- 0173OR AMENDMENT NUMBER: Article I Article 11 Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article I - Project Description TABLE OF CONTENTS Project Description Grantee Concurrence Period of Performance Amount Awarded Financial Guidelines Prohibition on Using Federal Funds GPD Allocations Financial Reporting Other Reporting FEMA Officials Additional Requirements The purpose of the ARRA -SCG is to build new or modify existing fire stations in order for departments to enhance their response capability and protect the community they serve from fire and fire - related hazards. After careful consideration. FEMA has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the program's purpose and worthy of award. Therefore, the grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application's narrative. These sections of the application are made a part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval from FEMA. Article II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees https:Hportal.fema.gov/firegranU admin/awards/ spec /view_ award_package.do ?agre... 10/2/2009 Panel Review Page 4 of 8 to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant, grantees agree that they will use the funds provided through the ARRA -SCG in accordance with these Articles of Agreement and the program guidelines provided in the ARRA- SCG Guidance and Application Kit. All documents submitted as part of the application are made a part of this agreement by reference. Article III - Period of Performance The period of performance shall be from 25- SEP -09 to 24- SEP -12. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for each object classes of this grant: Administrative Expenses and Legal Expenses $0.00 Relocation Expenses and Payments $0.00 Architectural and Engineering Fees $244,131.00 Construction $2,115,159.00 Demolition and Removal $0.00 Equipment $0.00 Land Development $0.00 Land, Structures, Rights -of -way, Appraisals, etc. $0.00 Other Architectural and Engineering Fees $0.00, Preliminary Expenses $0.00 Project Inspection Fees $0.00 Site Work $375,155.00 Project (Program) Income $0.00 Other $0.00 Total $2,734,445.00 NEGOTIATION COMMENTS IF APPLICABLE Article V - Financial Guidelines The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A -110) B. Cost Principles 2 CFR Part 225, Cost Principles for State. Local, and Indian Tribal Governments (OMB Circular A -87) 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A -21) 2 CFR Part 230, Cost Principles for Non - Profit Organizations (OMB Circular A -122) https://por _ admin/awards/ spec /view_ award_package.do ?agre... 10/2/2009 Panel Review Page 5 of 8 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations Article VI - Prohibition on Using Federal Funds Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. Article VII - GPD Allocations The recipient agrees that all allocations and use of funds under this grant will be in accordance with the ARRA- SCG guidance and application kit. Article VIII - Financial Reporting The grantee must complete an on -line, semiannual financial status report to meet FEMA requirements. Semiannual financial reports are due within 30 days of the end of every six month period for the life of the grant. At the end of the performance period, or upon completion of the grantee's final program narrative, the grantee must complete an on -line final financial status report that is required to close out the grant. If a grantee's performance period is extended beyond the initial 12 -month period, a financial report is due every six month increment until closeout. Article IX - Other Reporting Additional ARRA Reporting and Compliance Requirements The ARRA -SCG must comply with additional reporting and compliance requirements as dictated in the ARRA language and additional OMB Guidance. 1. Other Standard Terms and Conditions. All other grant policy terms and conditions contained in applicable Department of Homeland Security (DHS) Grant Policy Statements apply unless they conflict or are superseded by the following terms and conditions implementing the American Recovery and Reinvestment Act of 2009 (ARRA) requirements below. Recipients are responsible for contacting their grant managers for any needed clarifications. Sub - awards include sub - grants and sub - contracts issued from this award. 2. Recipient Reporting. a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. b) The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration ( http : / /www.ccr.gov ) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number ( http: / /www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at https:/ /portal. fema.gov /firegrant/j sp /fire_admin/ awards / spec /view_ award package. do ?agre... 10/2/2009 Panel Review Page 6 of 8 http: / /www.FederaIReporting.gov and ensure that any information that is pre - filled is corrected or updated as needed. 3. Buy American - Use of American Iron, Steel, and Manufactured Goods Recipients may not use any funds obligated under this award for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States unless DHS waives the application of this provision. (ARRA Sec. 1605) 4. Wage Rate Requirements Subject to further clarification issued by the Office of Management and Budget and notwithstanding any other provision of law and in a manner consistent with other provisions of ARRA, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this award shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (ARRA Sec. 1606) 5. Whistleblower Protection - Each recipient or sub - recipient awarded funds made available under the ARRA shall promptly refer to the DHS Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub - recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. (ARRA Sec. 1553) The DHS Office of Inspector General can be reached at http://www.cig.Department.gov/fraud/hotline/ 6. DUNS /CCR — Recipients must require that first tier sub - recipients begin planning activities, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR) no later than the first time ARRA data requirements are due. 7. Schedule of Expenditures of Federal Awards a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111 -5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A -102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A -102 is available at http: / /www.whitehouse. gov /omb /circulars /al02 /al02.html. b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133, "Audits of States, Local Governments, and Non- Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF —SAC) required by OMB Circular A -133. OMB Circular A -133 is available at http://www.whitehouse.gov/omb/circulars/a1 33/al 33.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF —SAC by CFDA number, and inclusion of the prefix "ARRA -" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF —SAC. c) Recipients agree to separately identify to each sub - recipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to sub - recipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. d) Recipients agree to require their sub - recipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor sub - recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies. Offices of Inspector General and the Government Accountability Office. https: / /portal. fema. gov /firegrant /j sp /fire_admin/awards/ spec /view_ award_package. do ?agre... 10/2/2009 Panel Review Page 7 of 8 8. Responsibilities for Informing Sub - recipients Recipients agree to separately identify to each subrecipient, and document at the time of sub -award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of ARRA funds. 9. The recipient agrees that all allocations and use of the funds under this grant will be in accordance with the current version of 2 CFR Part 176 and any updates hereafter. 10. All recipients must register at www..FederalReporting.gov prior to fulfilling their reporting obligations. Article X - FEMA Officials Program Officer: Tom Harrington, Deputy Director of the Assistance to Firefighters Grants Program Office, is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: ARLENE RAMSEY is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Branch POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this award. If you have any questions regarding your grant please call ASK -GMD at 866 - 927 -5646 to be directed to a specialist. Article XI - Additional Requirements The recipient is prohibited from obligating, expending or drawing down funds provided through this award until FEMA completes and approves all required reviews. Upon approval, the special condition will be removed and the grantee will be notified via an amended award package. ARRA -SCG are subject to all applicable environmental and historic preservation requirements. Applicants seeking assistance to build new or modify their facilities may undergo additional screening. Specifically. FEMA is required to ascertain to what degree the proposed station construction or renovation might affect an applicant's facility relative to the National Environmental Policy Act, National Historic Preservation Act of 1966, National Flood Insurance Program regulations, and any other applicable laws and Executive Orders. No project that involves a station construction can proceed — except for project planning — prior to formal written approval from FEMA. As your award includes station construction, you are responsible for contacting the Program Office so you can be given direction on how to proceed. Your contact in the AFG Program Office is Stephen Pezzetti (stephen.pezzetti @dhs.gov). Noncompliance with these provisions may jeopardize an applicant's award and subsequent funding. ARRA -SCG award recipients (grantees) must also agree to: (1) Perform, within the designated period of performance, all tasks (scope of work) as outlined in the grantee's application as approved by FEMA in accordance with these Articles of Agreement. (2) The grantee is not required to provide any cost -share for the ARRA -SCG. However, if the grantee offered to share in the cost of the project in their application, they are obligated to provide a cost -share at no less than the percentage pledged in the application. https: / /portal.fema.gov /firegrant /j sp /fire_admin/awards/ spec /view_ award_package.do ?agre... 10/2/2009 Panel Review . Ia. AGREEMENT N0, EMW- 2009- FC- 01730R 6. RECIPIENT NAME AND ADDRESS City of Pueblo Fire Department 1551 Bonforte Blvd Pueblo Colorado, 81001 -1642 9. NAME OF RECIPIENT PROJECT OFFICER Harry Serven FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT NO. 3. RECIPIENT N0. 0 84- 6000615 7. ISSUING OFFICE AND ADDRESS Grant Programs Directorate 500 C Street, S.W. Washington DC, 20472 DC, 20528 -7000 POC: Tamia Minor 202- 786 -9581 4. TYPE OF ACTION AWARD B. PAYMENT OFFICE AND ADDRESS FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 PHONE NO. 10. NAME OF PROJECT COORDINATOR 7195532830X2824 Tom Harrington Page 8 of 8 5. CONTROL NO. W462229N PHONE NO. 1 -866- 274 -0960 11. EFFECTIVE DATE OF 12. METHOD OF 13. ASSISTANCE ARRANGEMENT 14, PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:25 -SEP- To:24- SEP -12 25- SEP -09 SF -271 09 DATE Budget Period 20- SEP -09 From:01- MAR - To:30- SEP -11 ' 09 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMMULATIVE NAME (ACCS CODE) TOTAL AWARDED THIS TOTAL AWARD NON - ACRONYM XXXX- XXX- XXXXXX- XXXXX- AWARD ACTION FEDERAL XXXX - XXXX -X + OR ( -) COMMITMENT ARRA -SCG 97.115 2009- R2- 3120GF- 25000000- $0.00 $2,734,445.00 $2,734,445.00 $0.00 4101 -D TOTALS $0.00 $2,734,445.00 $2,734,445.00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. NIA 16a. FOR NON- DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) ARRA -SCG recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) 46--1— ( ClinA DATE_ t —01 09 04 ur%&I 1 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Andrea Gordon 20- SEP -09 Go Back . https: / /portal. fema.gov /firegrant/j sp /fire _ admin /awards/ spec /view_ award_package.do ?afire... 10/2/2009 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 12` day of April, 2010, by and between Pueblo, a Municipal Corporation ( "Client ") and All -Phase Environmental Consultants, Inc. (hereinafter referred to as "Consultant ") for Consultant to render professional environmental consulting services for Client with respect to Fire Station No. 4 Replacement Site Environmental Assessment (NEPA) and related ancillary services, hereinafter referred to as the "Project." In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES (a) Consultant shall satisfactorily perform the environmental planning and consulting services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall include all usual and customary professional environmental research and consulting services including any required graphics, reports or analysis services incident to its work on the Project. In the eventthis Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals or RFP, all of the requirements of that Request for Proposal or RFP are incorporated herein by reference, unless any requirement is expressly excluded in Schedule 1 attached hereto. (b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. CA apprvd form 3/12/10 Revised 04/12/10 NH/MB (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule I or otherwise contemplated by the terms of this Agreement, Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope ofthis Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto. SECTION 3. FEES FOR SERVICES: PAYMENT (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $20,000, computed as set forth in Schedule 2. (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confinn availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $5000 or 5% of the maximum contract price. (c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product famished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (d) Client shall perform its obligations and render decisions within a reasonable time under the CA apprvd form 3/12/10 Revised 04/12/10 NH/MB circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact, when all information reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents, work product and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work to Client or (b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. SITE ACCESS In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section 1(c) of this Agreement. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of Client, which consent may be granted or withheld in Client's sole and absolute discretion and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. CA apprvd form 3/12/10 Revised 04 /12/10 NH/MB SECTION 8. INSURANCE AND INDEMNITY (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the Client. (ii) Commercial General Liability Insurance issued to and covering the liability of Consultant with respect to all work performed by Consultant and its subcontractors and subconsultants under this Agreement, to be written on a Commercial General Liability policy form CG 00 01, with coverage limits ofnot less than Six Hundred Thousand and No/ 100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. This CGL policy shall be endorsed naming the Client, its officers, agents and employees as additional insureds. This CGL policy shall also provide coverage for contractual liability assumed by Consultant under the provisions of this Agreement. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible of not more than $15,000. (iv) Comprehensive Automobile Liability Insurance effective during the period of the Agreement, and for such additional time as work on the Project is being performed, written with limits of liability for injury to one person in any single occurrence of not less that $150,000 and for any injury to two or more persons in any single occurrence of not less than $600,000. This insurance shall include uninsured/underinsured motorist coverage and shall protect the Consultant from any and all claims arising from the use both on and off the Project site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Consultant. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. CA apprvd form 3112/10 Revised04 /12/10 NH/MB SECTION 10. REQUIRED FEDERAL PROVISIONS (a) Consultant understands that Client maybe funding the Project in whole or part with funds provided by the Federal Emergency Management Agency's (FEMA) Department of Homeland Security (DHS). Consultant agrees it is subject to and shall comply with all applicable provisions of said agency, the Act under which the contract award has been made, and applicable regulations. (b) Consultant shall comply with all applicable Federal, State, and local laws applicable to its activities. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client, and representatives of FEMA's DHS at any time during normal business hours and as often as Client deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS (a) Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention: Earl Wilkinson, P.E., Director of Public Works, 211 East °D" Street, Pueblo, Colorado, or to Consultant at Brandice Eslinger, All -Phase Environmental Consultants, Inc., 721 West 9" Street, Pueblo, CO 81003. 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. (b) Entire Agreement This instrument contains the entire agreement between Consultant and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void. In the case of any conflict between the terms of this Agreement for Professional Services and terms of Schedule I or any other attachment hereto, the terms of this Agreement shall govern. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client, which consent may be withheld in Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be void. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (0 Equal Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shalt endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severabiliri 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 CA apprvd forth 3/12/10 Revised 04 /12/10 NH/MB provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. SECTION 12. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) At or prior to the time for execution of this Agreement (which may be referred to in this section as this "Contract "), Consultant (which may be referred to in this section as "Contractor ") shall submit to the Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the "E- Verify Program" created in Public Law 208, 104" Congress, as amended and expanded in Public Law 156, 108 ' Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to §8- 17.5- 102(5)(c) C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this contract; (11) Enter into a contract with a subconsultant that fails to certify to Contractor that the subconsultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state - imposed requirements apply to this contract: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (11) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. (111) if the Contractor obtains actual knowledge that a subcontractor or subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall be required to: A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days that the Contractor has actual knowledge that the subcontractor /subconsultant is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor /subconsultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor /subconsultant does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor /subconsultant if, during such three (3) days, the subcontractor /subconsultant provides information to establish that the subcontractor /subconsultant has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8 -17.5- 102(5), C.R.S. (d) Violation of this Section 12 by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential damages. CA apprvd form 3112/10 Revised04 /12/10 NH/MB (e) As used in this Section 12, the terms "subcontractor" and "subconsultant" shall mean any subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement. SECTION 13. Reserved. SECTION 14. PERA LIABILITY Consultant shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Consultant shall fill out the questionnaire attached as Exhibit A and submit the completed form to Client as part of the signed Agreement. (Signature Page Follows) CA appwd Form 3112/10 Revised 04/12/10 NH/MB IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ATTEST: City' I x CITY OFPUFBLO, A M CORPORATION By )J j� ' Direc r of Purchasing APPROVED AS TO FORM: CONSULTANT: x Tlla{�.L.tL l ( L By. (Signature) Name: (Printed) Era i Q, Title: ►! Ill 1 117 1 , �. 1 ' , CA appNd form 3/12/10 Revised 04/12/10 NH/MB EXHIBIT A COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capaqPf, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes_, No (Must sign below whether you answer "yes" or "no") (b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor or partnership, or 3) a business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Social Security Number Name Address Social Security Number (If more than two, please attach a supplemental list) If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege of doing business with the City of Pueblo. Signed 1 20L0—. i For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. WE ALLmPHASE ENVIRONMENTAL CONSULTANTS, INC. SCHEDULE 1 SCOPE OF WORK: In general, the Scope of Work includes, but may not be limited to, all research and planning services customarily involved with an Environmental Assessment and FEMA's 8 -Step Process. More specifically it involves appropriate research and reporting, sampling and testing, consultant recommendations (i.e. — development of alternatives), developing and submitting required forms to appropriate regulatory agencies, and participating in all public meetings. It also includes making all corrections and revisions to the report until accepted for final review. Should any items such as hazardous materials be discovered, the report shall also provide for mitigation plans with cost estimates for such items. The report shall be prepared in a standard format acceptable to FEMA and shall address all recognized "Affected Environments ", including; • Geology and soils • Land Use and Planning • Traffic Circulation, Volume, and Parking Access • Public Health • Socioeconomic Issues • Air Quality • Noise • Public Services and Utilities • Water Quality • Biological Resources • Cultural Resources • Hazardous Materials and Wastes • Cumulative Impacts • Coordination and Permits ALL -PHASE ENVIRONMENTAL CONSULTANTS, INC. SCHEDULE 2: FEE SCHEDULE All -Phase and Sub - Consultant Fee Schedule for Environmental Assessment - RFQ 10 -018 Environmental Assessment Full Estimated Program Manager (BE) Burdened HR No. of $ 8,500.00 Professional Staff(BC) Rate Unit Hours Total Environmental Assessment Program Manager (BE) $ 85.00 HR 100 $ 8,500.00 Professional Staff(BC) $ 65.00 HR 50 $ 3,250.00 Administrative $ 45.00 HR 10 $ 450.00 AutoCAD $ 70.00 HR 20 $ 1,400.00 Outside Contractors $ - Noise Assessment $ 85.00 HR 10 $ 850.00 Traffic Analysis (McDowell) $ - Sr. Traffic Engineer $ 130.00 HR 20 $ 2,600.00 Review Engineer $ 120.00 HR 2 $ 240.00 Cultural Resources (RMC) $ - Principal Archeologist $ 130.00 HR 10 $ 1,300.00 Sr. Archeologist $ 85.00 HR 2 $ 170.00 Ecological Resources (Western) $ - Plant Ecologist/Wildlife Ecologist $ 120.00 HR 8 $ 960.00 Other Costs $ - Mileage $ 0.50 Mile 500 $ 250.00 Copies/Blueprints/Postage/Fax At Cost $ - Asbestos/Lead Samples $ 17.00 Sample 0 1 $ TOTAL: $ 19,970.00 PRICE PROVISION: In the event that the report review period is extensive, beyond the control of the Consultant, Consultant would be entitled up to 10% of the GNTE amount of $20,000, i.e. $2,000. ALL -PHASE ENVIRONMENTAL CONSULTANTS, INC. SCHEDULE 3 The following is a timeline for work including an Environmental Assessment (EA) on the property known as future Fire Station No. 4 located in Pueblo, Colorado. The Scope of Work for this project will comply with NEPA (National Environmental Policy Act), 40 CFR 1500- 1508.9 as well as FEMA requirements. Task. Start Date Completion Scoping and Public Involvement Award Date 30 days Further development of Purpose Day 15 45 Days and Need; Alternatives Environmental Impacts Day 15 45 Days Draft Document On -Going 45 Days Public Comment and FEMA On -Going 90 Days Review Final Document 120 Days FONSI 120 Days Dependent on FEMA (approximately 2 weeks) 134 Days