HomeMy WebLinkAbout15893RESOLUTION NO. 15893
A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND CHC TRAINING, LLC, DBA
BETTERCERTIFY RELATING TO BID 24-135, CONSULTANT
TRAINING PROFESSIONAL FOR EPA'S RENOVATION,
REPAIR, AND PAINTING PROGRAM, AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME
WHEREAS, proposals for Project No. Training Professional for the Environmental
examined; and
WHEREAS, CHC Training, LLC, DBA BetterCertify has been selected to provide
professional services for said Project; NOW, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Agreement for Professional Services dated February 10, 2025, between the City of
Pueblo, A Colorado Municipal Corporation, and CHC Training, LLC, of which a copy Is attached
hereto and on file at the office of the City Clerk, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2.
Funds in the amount of $5,800.00 shall be paid from CD2201, Community Development
Block Grant Administration.
SECTION 3.
The Purchasing Agent is hereby authorized to execute and deliver said Agreement on
behalf of the City of Pueblo, and the City Clerk shall affix the Seal of the City thereto and attest
same.
SECTION 4.
The officers and staff of the City are authorized to perform any and all acts consistent with
this Resolution to implement the policies and procedures described herein.
INTRODUCED: February 10, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M5
Background Paper for Proposed
Action Item
COUNCIL MEETING DATE: February 10, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND CHC TRAINING, LLC, DBA
BETTERCERTIFY RELATING TO BID 24-135, CONSULTANT TRAINING
PROFESSIONAL FOR EPA'S RENOVATION, REPAIR, AND PAINTING
PROGRAM, AND AUTHORIZING THE PURCHASING AGENT TO
EXECUTE SAME
SUMMARY:
This Resolution approves an Agreement for professional services relating to Bid No. 24-
135, Training Professional
Repair and Painting Program.
PREVIOUS COUNCIL ACTION:
City Council established the Project CD2201, and budgeted and appropriated
$291,860.00 in grant funds from the United States Housing and Urban Development
(HUD) Community Development Block Grant (CDBG) Program.
BACKGROUND:
The EPA has strict guidelines that relate to the handling of lead-based paint and/or other
environmental contaminants during the rehabilitation process. The City of Pueblo
operates home repair program that intersects with these guidelines. They City solicited
proposals (Bid No. 24-
One consulting
firms submitted a proposal, and CHC Training, DBA BetterCertify was selected complete
the Project. The total cost to complete the project was dependent on the number of
trainees, but not to exceed $5,800.00.
FINANCIAL IMPLICATIONS:
The total Project budget will be funded through two established funding sources:
CD2201, Community Development Block Grant Program Administration - $5,800.00.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
Denying this Resolution will result in the readvertising for proposals for this Project.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
1. 24-135 Agreement for Training EPAs RRP Program - For City Council
SERVICE AGREEMENTBY AND BETWEEN
CITY OF PUEBLO AND
CHC TRAINING, LLC DBA BETTERCERTIFY
24-135
TRAINING PROFESSIONAL FOR EPA'S RENOVATION, REPAIR, AND
PAINTING PROGRAM
Page 1 of 44
Agreement for #24-135
Title: Training Professional for EPA's Renovation, Repair, and Painting Program
SERVICE AGREEMENT BY AND BETWEEN
CITY OF PUEBLO AND
CHC TRAINING, LLC DBA BETTERCERTIFY
1.GENERAL
This Service Agreement (“Agreement”) is effective this ______ day of ___________, 20____, (“Effective
Date”), between the City of Pueblo, a Colorado Municipal Corporation (“City”), with offices located at
230 S. Mechanic, Pueblo, CO, 81003, and CHC Training, LLC dba BetterCertify, a Colorado Limited
Liability Company, located at 1775 W 55th Ave., Denver, CO, 80227 (Contractor). The Terms and
Conditions set forth in this Agreement supersede all other previous Terms and Conditions, unless
otherwise agreed by both parties in writing.
2.SERVICES
The parties agree as follows:
A.Scope. Contractor agrees to provide services to City, including incidental deliverables or goods,
as authorized and specified in the referenced Request for Proposal with the Scope of Service
attached as Schedule 1 (“Services”). Contractor’s Pricing Proposal in response is attached as
Schedule 2 ("Fee Schedule"). Upon execution of this Agreement by City and Contractor, the
RFP and Contractor’s Submittal shall be referred to collectively as the “Project Documents” and
will become a part of this Agreement by reference.
1.If the terms of any Project Documents are inconsistent with the terms of this Agreement,
this Agreement shall take precedence. All Project Documents relating to the Services shall
be deemed to incorporate the terms of this Agreement whether or not they specifically
refer to this Agreement. The Services shall be governed by the terms and conditions of this
Agreement and by the Project Documents, which may from time to time be signed by the
parties.
B.Cancellation. City reserves the right to cancel this Agreement without any cancellation charges
or penalties if, in the opinion of City’s Director of Purchasing the Services are not performed as
required by the Project Documents.
C.Service Requirements. This Agreement does not commit City to purchase any quantity or dollar
amount of Services or obligate City to purchase all required services of a particular type from
Contractor. City reserves the right to purchase any or all services from sources other than
Contractor. City shall not be liable for payment to Contractor for any Services or items not
authorized by this Agreement or made by written Change Order endorsed by both City and
Contractor.
Page 2 of 44
Agreement for #24-135
Title: Training Professional for EPA's Renovation, Repair, and Painting Program
D. S
tandard of Performance. Contractor represents and warrants that it is qualified and able to
provide the Services hereunder, and that its performance will represent its best efforts and, to
the extent applicable, be of the highest professional standards. City may inspect or review
Contractor’s performance and Contractor will fully cooperate with City in its conduct of any such
inspection. City’s inspection (or lack of inspection) will not be an acceptance of Services or a
waiver of any right or warranty or preclude City from rejecting defective Services.
City may, upon written notice to Contractor, make changes in specifications, designs,
E. Changes.
schedules, destination, or any other terms contained in the Project Documents. Subject to the
provisions of this Section, if a change causes an increase or decrease in the cost of or the time
required for performance of the Services, an adjustment may be made in the cost of Services or
the Scope of Service, or both. Price adjustments or extensions of time for performance are not
binding to City unless agreed to in writing by City.
3. COMPENSATION
A. Rates. The cost of Services shall be as set forth in the attached Schedule 2, Fee Schedule.
B. Invoicing. Contractor shall invoice (separately for each order) after the Services have been
accepted by City, but no more frequently than monthly unless otherwise agreed to by City. All
communications and invoices must reference the corresponding Bid or Purchase Order number
and must be directed to City pursuant to instructions on the applicable Bid or Purchase Order.
Payment of invoices for satisfactory performed services shall be Net 30 days from City’s receipt
of invoice and City’s acceptance of invoice.
4. TERM AND TERMINATION
A. Term. All prices quoted shall be honored for two (2) years to complete the Scope of Service. The
City may request one (1) one-year renewal of the agreement based on the needs of the City and
with written acceptance of renewal by Contractor. If renewal is agreed upon, the Contractor
shall provide services based on the Contractor’s submitted Fee Schedule.
City reserves the right to terminate this Agreement, in whole or in part, at any
B. Termination.
time, without cause, by written notice to Contractor. Upon receipt of such notice, Contractor
shall immediately stop work under the Agreement or with respect to the portion of the
Agreement terminated and shall take immediate corresponding action with respect to
Contractor’s suppliers and subcontractors, if any.
C. Fund Appropriation. This Agreement 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 Council
of Pueblo, contrary to Article X, §20 of the Colorado Constitution or any other constitutional,
statutory or charter debt limitation. Notwithstanding any other provision of this Agreement,
Page 3 of 44
Agreement for #24-135
Title: Training Professional for EPA's Renovation, Repair, and Painting Program
with respect to any financial obligation of City which may arise under this Agreement in any
fiscal year after the current year, 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 by or breach of this Agreement. The termination of this
Agreement due to lack of funding shall be without penalty to the City.
5. WARRANTY
A. Contractor hereby warrants that the Services, all goods incidental to the Services, and all
documentation that conform to the Project Documents, will be free from defects in material and
workmanship, will be accurate and complete in all respects, and fit for their intended purpose.
B. At the request of the City, if defects in Services including without limitation any goods become
apparent, Contractor will promptly correct defects in the Services as determined by City. If
Contractor fails to do so, within ten (10) business days of City’s Notice to Contractor of the
defects, City may have the defects corrected and charge all costs associated therewith to
Contractor including without limitation the right of set off.
6. CONTRACTOR'S PERSONNEL AND CONTRACTORS
Certificates of Insurance for Workers’ Compensation Insurance, Commercial General Liability Insurance
and Comprehensive Automobile Liability Insurance shall be filed with the City prior to the execution of
the Agreement. Said insurance shall not thereafter be canceled, permitted to expire, or be changed
without 30 days advance written notice to the City.
A. Contractor’s Employees. Contractor performs Services for City hereunder as an independent
contractor. Contractor shall be solely responsible for payment of all wages, compensation, and
benefits to its employees. Contractor shall comply with all laws, regulations, rules, and orders
relating to Equal Employment Opportunity (EEO), Workers’ Compensation, and employment
taxes. Upon request, Contractor will furnish City with its EEO policies/procedures and
verification that workers' compensation insurance coverage exists. Contractor will indemnify,
defend, and hold harmless City and its respective officers, agents, and employees from all suits,
actions, or claims of any character, name, and description arising out of Contractor’s failure to
make timely payment to its employees for wages or failure to comply with any such laws,
regulations, rules, and orders.
B. Qualifications. Contractor’s personnel named in the Contractor’s Submittal, if any, shall perform
the Services contemplated by such Bid and all services performed by such personnel shall be
controlled and supervised exclusively by Contractor. All persons assigned to perform the
Services shall have adequate education, experience, training, skills, expertise, and knowledge
relating to the Services being performed by them. Contractor shall not employ any person upon
City’s premises to whom City has reasonable objections.
Page 4 of 44
Agreement for #24-135
Title: Training Professional for EPA's Renovation, Repair, and Painting Program
C. S
ubcontractors. Contractor may not subcontract any of the services without City’s prior written
consent. If Contractor employs subcontractors to perform any Services, it will ensure such
Contractor’s compliance with the terms of this Agreement and be fully liable for the Services
performed by them.
D. Change in Ownership/Control. Contractor shall give City at least ninety (90) days prior written
notice of any proposed change in control or ownership of Contractor or of any proposed sale of
all or substantially all of Contractor’s assets.
7.INSURANCE AND INDEMNITY
A. Conditions
1. Contractor 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.
2. Contractor 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 Contractor, their
employees, subcontractors, and consultants.
B. Minimum Requirements
1. Commercial General Liability Insurance. The Contractor 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
Contractor 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 Contractor under the provisions of the agreement.
2. Comprehensive Automobile Liability Insurance. The Contractor 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
Page 5 of 44
Agreement for #24-135
Title: Training Professional for EPA's Renovation, Repair, and Painting Program
Director. This insurance shall include uninsured/underinsured motorist coverage and shall
protect the Contractor 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 Contractor.
3.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.
8.COMPLIANCE
Contractor certifies that it has complied with the United States Immigration Reform and Control Act of
1986. Contractor represents and warrants that to the extent required by said Act, all persons employed
by Contractor for performance of this Agreement have completed and signed Form I-9 verifying their
identities and authorization for employment.
9.COMPLIANCE WITH IMMIGRATION REFORM AND CONTROL ACT
Contractor certifies that it has complied with the United States Immigration Reform and Control Act of
1986. Contractor represents and warrants that to the extent required by said Act, all persons employed
by Contractor for performance of this Agreement have completed and signed Form I-9 verifying their
identities and authorization for employment.
10.SAFETY AND HEALTH
Contractor shall comply with all applicable federal, state, and local laws, orders, rules, or regulations
applicable to the Agreement obligations herein. All materials and services furnished shall be in
compliance with the provisions of the Federal Occupational Safety and Health Act and the regulations
and standards promoted by the Secretary of Labor thereunder. If requested by City, Contractor shall
submit appropriate certifications of compliance with such laws, orders, rules, and regulations.
Contractor shall handle, use, and dispose in a manner in accordance with all applicable laws and
regulations all material and substances Contractor and Contractor’s subcontractors, use and/or disposal
of in connection with the performance of this Agreement including, but not limited to, materials defined
by law or regulation as hazardous materials. Contractor shall indemnify and hold harmless City from and
against all claims, penalties, fines, judgments, and orders of any kind resulting from Contractor’s failure
to use and dispose of materials and substances as provided herein.
11.GENERAL
A.Certification, Permits and Licenses. Contractor will obtain and keep current, at Contractor’s
expense, all governmental permits, certificates and licenses (including but not limited to
professional licenses, if applicable) necessary for Contractor to perform the services.
B.Force Majeure. City will be excused from accepting all or any part of services tendered for
delivery by Contractor due to governmental action, statute, ordinance, rule or regulation, strike
Page 6 of 44
Agreement for #24-135
Title: Training Professional for EPA's Renovation, Repair, and Painting Program
or other labor troubles, fire, acts of God, or other incidents outside of City’s control that makes
acceptance impossible or impractical.
C.Governing Law. This Agreement shall be governed by the laws of the State of Colorado. Venue
for any action arising under this Agreement or for the enforcement of this Agreement shall be in
a state court with jurisdiction located in Pueblo County, Colorado.
12.PERA LIABILITY
Contractor 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 Contractor shall fill out the Colorado PERA Questionnaire and submit the completed form to City as
part of the signed Agreement.
13.REQUIRED STATE/FEDERAL PROVISIONS
Contractor understands that City may be funding the Project in part or in whole by a grant from the U.S.
Department of Housing and Urban Development utilizing CDBG and CDBG-CV funding (the “Agencies”).
Contractor agrees it is subject to and shall comply with all applicable grant conditions and the
regulations of the Agencies which apply to the work under this Agreement, whether referenced in
Schedule 1 or not. All applicable grant conditions and regulations of the Agencies and regulations are
incorporated into this Agreement by reference.
14.SIGNATURE SECTION
A.This Agreement and all other documents contemplated hereunder may be executed using
electronic signatures with delivery via facsimile transmission, by scanning and transmission of
electronic files in Portable Document Format (PDF) or other readily available file format, or by
copy transmitted via email, or by other electronic means and in one or more counterparts, each
of which shall be: (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 Agreement, together with all Project Documents incorporated by reference, constitutes the
entire Agreement between the City of Pueblo and Contractor with respect to their subject
matter, and may not be amendment or modified except by written documentation sighed by
both parties.
(Continue to following page)
Page 7 of 44
Agreement for #24-135
Title: Training Professional for EPA's Renovation, Repair, and Painting Program
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 CHC TRAINING, LLC DBA BETTERCERTIFY
By________________________________________ By______________________________________
Naomi Hedden, Director of Purchasing Danaya Wilson, CEO, Managing Member
Attest_____________________________________
Marisa Stoller, City Clerk \[SEAL\]
BALANCE OF APPROPRIATION EXISTS FOR THIS
AGREEMENT AND FUNDS ARE AVAILABLE.
Danny Nunn, Finance Director
APPROVED AS TO FORM
DEPARTMENT OF LAW
___________________________________________
David Wyatt, Assistant City Attorney
Attachments: Schedule 1 - "Scope of Service"
Schedule 2 - "Fee Schedule"
Schedule 3 - "Work Schedule"
Schedule 4 - "Identification of Personnel, Subcontractors, and Task Responsibility"
Schedule 5 - "Special Funding Requirements"
Additional Information For Agreement
Page 8 of 44
Schedule 1
Scope of Service
ExcerptfromRequestforProposaldatedNovember 5, 2024, Sections 3.3 – 3.5
3.3.Scope of Service
A.Consultant or its subcontractors will be required to furnish all supervision, labor, materials, and
equipment necessary to accomplish the RRP training services.
B.The awarded Consultant shall conduct 0-5 training sessions over a 12–24-month period.
1.Training Curriculum: EPA/HUD Initial Renovation, Repair, and Painting 8-Hour Training
Course
C.Selected Consultant shall follow the current Initial HUD/EPA Renovation, Repair, and Painting 8-
Hour Training Course curriculum using PowerPoint presentation, bound renovator course
materials with appendices, visual aids, mock materials, and handouts in English.
D.The Consultant shall provide each registered attendant a copy of the Initial HUD/EPA
Renovation, Repair, and Painting 8-Hour Training presentation materials, the bound “Small
Entity Compliance Guide to Renovate Right: EPA’s Lead-Based Paint Renovation, Repair, and
Painting Program - A handbook for contractors, property managers and maintenance personnel
working in homes and child-occupied facilities built before 1978” , and the EPA/HUD “Lead
Safety for Renovation, Repair, and Painting” bound book in its entirety.
E.Any requirements of a Colorado-approved training provider or of an EPA-approved training
provider, including but not limited to notification/registration of the class, is the responsibility of
the Consultant.
F.Consultant shall coordinate with Pueblo County Housing and Community Services staff to
reserve an appropriate training location in the City of Pueblo.
G.All reports and other documentation submitted by Consultant must be prepared for public
dissemination.
H.Consultant shall ensure that sufficient qualified personnel are maintained and available for
contractor to perform services required by the scope of this Agreement.
I.Refer to Section 6.5 for additional details regarding the term of the agreement.
3.4. Additional Services - Optional HUD/EPA Model Renovator Refresher
Training Course.
A.The City may request an optional HUD/EPA Model Renovator Refresher Training Course.
1.The optional additional services shall be at the sole discretion of the City.
Page 9 of 44
2.If requested, the Consultant shall provide an EPA accredited Model Renovator Refresher
Course, curriculum using PowerPoint presentation, bound renovator course materials with
appendices, visual aids, mock materials, hand-outs, and provide hands-on experience as
required by the EPA.
3.Consultant shall provide each registered attendant a copy of the presentation materials and
the EPA/HUD Model Renovator Refresher “Lead Safety for Renovation, Repair, and Painting”
bound book in its entirety.
3.5. Reporting
The Consultant shall provide a copy of certification to the Division of Housing and Citizen Services. 2631
th
E.4
Street, Pueblo, CO 81001 for every contractor and staff attendee successfully trained. The
Consultant shall also provide a report documenting the number of students attending the training, the
number of students who were certified; and the number and names of all instructors present for the
training
Page 10 of 44
44
of
11
Page
13, 2024
Fee Schedule
December
for 1 Additional Instructor
–
, 2024
3
cember
De
dated
Trip Travel Expense Required for 1 Additional Instructor Trip Travel Expense Required Trip Travel Expense Required for 1 Additional Instructor
---
Clarification 12/12/2024 and 12/13/2024
trip Travel Expense For 1 Instructortrip Travel Expense For 1 Instructortrip Travel Expense For 1 Instructor
---
Minimum Class Size 10 or Minimum Cost $3,600.00Includes 1 Instructor Required Per Class Size of 1 to 25 ParticipantsIncludes RoundAdditional Instructor ($75.00 Per Hour) Required for
26 Plus Participants1 Additional Round($400.00 Per Day) For 26 Plus ParticipantsMinimum Class Size 10 or Minimum Cost $2,200.00Includes 1 Instructor Required Per Class Size of 1 to
25 ParticipantsIncludes RoundAdditional Instructor ($75.00 Per Hour) Required for 26 Plus Participants1 Additional Round($400.00 Per Day) For 26 Plus ParticipantsMinimum Class Size
10 or Minimum Cost $2,200.00Includes 1 Instructor Required Per Class Size of 1 to 25 ParticipantsIncludes RoundAdditional Instructor ($75.00 Per Hour) Required for 26 Plus Participants1
Additional Round($400.00 Per Day) For 26 Plus ParticipantsApplicable for Courses With 26+ ParticipantsPer Instructor
and Additional Clarifications
$75.00
Unit Cost$360.00$220.00$220.00$400.00
Proposal
for
Request
Note: Nonapplicable Line Items Have Been Removed
Per ParticipantPer ParticipantPer Participant
Unit of Measure Per Person Per HourTotal Per Day
s Response to
’
Include
-
Hourly Rates
site
-
Optional -
Optional HUD/EPA Model Renovator Refresher Training Course
-
-
Contractor
2
Travel Expense For
from
trip
-
Excerpt
Schedule
Description Initial Renovation, Repair, and Painting Program Course in EnglishRenovation, Repair, and Painting Program Refresher Course in EnglishAdditional Work HUD/EPA Model Renovator
Refresher Training Course.InstructorRoundAny Additional OnTraining/Consulting transportation, per diem, lodging, etc.
6
16
135
Table 1: Offered CoursesLine ItemTable 2: Additional Work Table 3: Additional Charges Table 4: Additional Charges
Schedule 3
Work Schedule
Excerpt from Contractor’s Response to Request for Proposal dated December 3, 2024, Section 2.9
2.9. Project Work Schedule
Provide a statement of your current workload = we currently provide approximately 25-30 RRP initial
classes on an annual basis and will have 3 different instructors available for this project
Proposer shall provide a detailed project timeline for the project objectives based upon the tasks
outlined in the Scope of Service = classes are 8 hours classes – 8am to 4pm local time daily
Please include the number of calendar days for each phase of the project = the RFP states 0-5 training
sessions within a 12-24 month timeframe which BetterCertify accommodate
The Project Work Schedule shall become part of the Agreement and may be adjusted as agreed upon by
all parties in writing.
Page 12 of 44
Schedule 4
Identification of Personnel, Subcontractors, and Task Responsibility
Excerpt from Contractor’s Response to Request for Proposal dated December 3, 2024,
Appendices to Proposal
Page 13 of 44
Page 14 of 44
Matthew Valdez
719-225-6543
2219 North Drive,
Pueblo Colorado, 81008
matthew@keyenviro.com
matthew@chctraining.com
As an Asbestos ProfessionalI have managed, supervised, and excelled in many diverse aspects,
Professional
projects and disciplines within the Industry.
Profile
Asbestos Supervisor/Project DesignerLead Inspector
Air Monitor Specialist with NIOSH 582 Equivalent.Lead Risk Assessor
Asbestos Building Inspector/ Management Planer40-hour HAZWOPER
OSHA 30-hour
Construction Quality
Management #784
Related Job
Environmental Consultant for asbestos, mold and lead.
Duties
Third party project management for asbestos projects greater than 3,000 square feet, 1,000
linear feet, assemble and prepare Regulation 8 project designs.
Collect MAAL air samples, conduct final air monitoring clearance for asbestos abatement
projects.
Prepare and analyze PCM samples using the NIOSH 7400 method.
Collect Asbestos bulk samples and submit for PLM analysis.
Prepare and assemble project documentation.
Ensure compliance with OSHA. EPA and Colorado regulation 8.
Contract Asbestos Supervisor and Worker course instructor.
Operator, Skid Steer, Excavator, Fork Truck, Man lift and Scissor lift.
Conduct annual fit tests (qualitative)
Conduct Job walks for Bids.
Compile, edit, and implement asbestos project designs.
Work January 2019-Present
Instructor
History
CHC Training, LLC.
Denver, Colorado, 303-412-6360
Instructor – Asbestos AMS (Initial and Refresher), Asbestos Supervisor (Initial and Refresher),
Asbestos Worker (Initial and Refresher), Asbestos Inspector (Initial and Refresher) Lead Inspector
(Initial and Refresher), Lead Supervisor (Initial and Refresher), Asbestos Project Designer (Initial
and Refresher – Guest instructor), Lead Worker (Initial and Refresher), Certified Mold
Professional (Initial and Refresher), NIOSH 582e Extension, NIOSH 582e 40hr., EPA RRP Certified
Renovator (Initial and Refresher)
December-2018-Present
Environmental Consultant, AMS/Building Inspector
Keystone Environmental LLC
Page 15 of 44
Pueblo, Colorado, 719-225-6543
Project Designer specific activities:
Identification of asbestos as reported by licensed building inspector and how it would
relate to the asbestos abatement project. Identified uses and locations as specific to the
planned project. (ie. Asbestos is in room 20-33B of Pueblo City High School, the
abatement contractor has been hired to remove 3,500 square feet of VAT and associated
mastic.)
Understood and educated clients on the potential health effects related to asbestos
exposure. Trained non-abatement personnel in 2hr asbestos awareness and health
effects.
Designed asbestos abatement projects including addressing; containment design –
including design on multi-employer jobsites, safety system design construction (including
identifying egress and fire extinguisher locations), designs included specifications of
containment barriers, and decontamination enclosure systems, positioning of warning
signs, electrical and ventilation system lockout, proper working techniques for minimizing
fiber release, entry and exit procedures and location for the work area, decontamination
methods and use of wet methods, proper techniques for initial cleaning; use of and set up
locations of negative air machines (including performing air calculations to identify
number of machines needed per location / work area), use of HEPA vacuums, proper
clean up and disposal of asbestos (including identifying bag out locations and
methodology).
Designed work methods as they pertain to encapsulation, enclosure, and repair, including
use of glove-bag removal methods and Appendix C and/or B for removal of asbestos.
Understood and educated clients on the potential health effects related to asbestos
exposure, conducted / led safety tool-box talks discussing the health effects of asbestos
and how it relates to the abatement workers/personnel.
Donned PPE including Full – face and half-face air-purifying respirators, performed self-
positive and negative pressure fit checks, received qualitative and quantitative fit tests,
gave quantitative fit tests to others,
Understood and educated clients on the potential health effects related to asbestos
exposure, conducted / led safety tool-box talks discussing the health effects of asbestos
and how it relates to the abatement workers/personnel.
Donned PPE including Full – face and half-face air-purifying respirators, performed self-
positive and negative pressure fit checks, received qualitative and quantitative fit tests,
gave quantitative fit tests to others, educated clients on the variability between field and
laboratory protection factors that alter respiratory fit, identified the proper PPE suits for
the abatement job designed,
Identified and designed project designs to address additional safety hazards to include
(but not limited to) electrical safety, slips-trips-falls, heat exhaust, heat stress, ladder
safety, mechanical tool safety, scaffold safety, other air contaminates including (but not
limited to) lead, mold, dusts, silica, etc.
Designed projects in accordance to maximize the flow of air, paying attention to the fiber
aerodynamic properties of asbestos and the correct methods of controlling such.
Including utilizing proper containment barriers, identifying and specifying sufficient
settling time for asbestos fibers, specifying use of wet methods and verifying the use of
such, specifying- scheduling – and oversight of aggressive air monitoring following
abatement activities. Designed project designs showing locations of decon/pop-ups,
equipment rooms, containment egress, negative air machines and exhaust locations, fire
extinguishers, box fans (as applicable), make up air, view ports. Identified air flow and
adjusted as necessary once project went active.
Designed abatement solutions specific to each project.
Page 16 of 44
Provided budgets and cost proposals for asbestos abatement activities in
accordance with all applicable regulations.
Provided guidance to clients on selecting the most effective abatement method
(removal, encapsulation, etc.)
Wrote abatement specifications including the design of abatement in occupied
and unoccupied buildings.
Planned, led, managed stakeholder and occupant planning meetings discussing
the abatement process, flow, and project in its entirety.
Reviewed as-builts, asbestos inspection reports, other building reports,
architectural blueprints, and management plans.
Identified the roles of other asbestos licensed and trained personnel including
other designers, workers, supervisors, inspectors, AMS, and management
planners.
Completed special designs for abatement projects taking place in occupied
buildings including addressing the education of occupants, staging of work,
egress areas for non-abatement personnel. Addressed scheduling of abatement
to minimize occupant exposure.
Became knowledgeable of applicable Federal, state (regulation no. 8), and local
regulations, OSHA standards, requirements of TSCA Title II, NESHAPS, OSHA 29
CFR 1910.134, EPA Worker Protection Rule 40 CFR 763, subpart G, OSHA 29 CFR
1926.58, OSHA CFR 1926.59, etc.
September-2017-December-2018
Project Manager
Colorado Hazard Control LLC
Pueblo, Colorado, 303-410-4941
Project Designer specific activities:
Identification of asbestos as reported by licensed building inspector and how it would
relate to the asbestos abatement project. Identified uses and locations as specific to the
planned project. (ie. Asbestos is in room 20-33B of Pueblo City High School, the
abatement contractor has been hired to remove 3,500 square feet of VAT and associated
mastic.)
Designed and estimated asbestos abatement projects including addressing; containment
design – including design on multi-employer jobsites, safety system design construction
(including identifying egress and fire extinguisher locations), designs included
specifications of containment barriers, and decontamination enclosure systems,
positioning of warning signs, electrical and ventilation system lockout, proper working
techniques for minimizing fiber release, entry and exit procedures and location for the
work area, decontamination methods and use of wet methods, proper techniques for
initial cleaning; use of and set up locations of negative air machines (including
performing air calculations to identify number of machines needed per location / work
area), use of HEPA vacuums, proper clean up and disposal of asbestos (including
identifying bag out locations and methodology).
Designed and estimated work methods as they pertain to encapsulation, enclosure, and
repair; including use of glove-bag removal methods and Appendix C and/or B for removal
of asbestos.
Page 17 of 44
Understood and educated clients on the potential health effects related to asbestos
exposure, conducted / led safety tool-box talks discussing the health effects of asbestos
and how it relates to the abatement workers/personnel.
Donned PPE including Full – face and half-face air-purifying respirators, performed self-
positive and negative pressure fit checks, received qualitative and quantitative fit tests,
gave quantitative fit tests to others, identified and donned protective suits, instructed
and led teams in the proper donning and doffing of suits and other personal protective
gear including the use, storage and handling of such.
Identified and designed project designs to address additional safety hazards to include
(but not limited to) electrical safety, slips-trips-falls, heat exhaust, heat stress, ladder
safety, mechanical tool safety, scaffold safety, other air contaminates including (but not
limited to) lead, mold, dusts, silica, etc.
Designed projects in accordance to maximize the flow of air, paying attention to the fiber
aerodynamic properties of asbestos and the correct methods of controlling such.
Including utilizing proper containment barriers, identifying and specifying sufficient
settling time for asbestos fibers, specifying use of wet methods and verifying the use of
such, specifying- scheduling – and oversight of aggressive air monitoring following
abatement activities. Designed project designs showing locations of decon/pop-ups,
equipment rooms, containment egress, negative air machines and exhaust locations, fire
extinguishers, box fans (as applicable), make up air, view ports. Identified air flow and
adjusted as necessary once project went active.
Designed abatement solutions specific to each project.
Provided budgets and cost proposals for asbestos abatement activities in
accordance with all applicable regulations.
Provided guidance to clients on selecting the most effective abatement method
(removal, encapsulation, etc.)
Wrote abatement specifications including the design of abatement in occupied
and unoccupied buildings.
Planned, led, managed stakeholder and occupant planning meetings discussing
the abatement process, flow, and project in its entirety.
Reviewed as-builts, asbestos inspection reports, other building reports,
architectural blueprints, and management plans.
Prepared and executed contracts for asbestos abatement activities.
Obtained insurance certificates and added clients / stakeholders as additional
insured.
Identified the roles of other asbestos licensed and trained personnel including
other designers, workers, supervisors, inspectors, AMS, and management
planners.
Completed special designs for abatement projects taking place in occupied
buildings including addressing the education of occupants, staging of work,
egress areas for non-abatement personnel. Addressed scheduling of abatement
to minimize occupant exposure.
Became knowledgeable of applicable Federal, state (regulation no. 8), and local
regulations, OSHA standards, requirements of TSCA Title II, NESHAPS, OSHA 29
CFR 1910.134, EPA Worker Protection Rule 40 CFR 763, subpart G, OSHA 29 CFR
1926.58, OSHA CFR 1926.59, etc.
March-2015- September-2017
Environmental Consultant, AMS/Building Inspector
Page 18 of 44
Kem West Environmental Inc
Denver CO 303-757-8800
June-2014 to March-2015
Abatement Supervisor
Innovar Inc
Colorado Springs, Colorado, 719-492-0442
June-2013 to June-2014
Abatement Supervisor
BELFOR Property Restoration
Denver, Colorado, 303-425-9700
March-2011 toJune-2013
Abatement Supervisor
Colorado Hazard Control
Pueblo, Colorado, 719-547-2785
August-2010 to March-2011
Abatement Supervisor/ Worker
Innovar Inc
Colorado Springs, Colorado, 719-492-0442
General
Education
Pueblo Community Collage
Pueblo, CO
Danaya Benedetto
References
CHC Training
303-819-3164
danaya@chctraining.com
Colorado Hazard Control Employment
Daniel Beaver
303-410-4941
dbeaver@coloradohazard.com
Page 19 of 44
Page 20 of 44
Schedule 5
Special Funding Requirements
Excerpt fromRequest for Proposal dated November 5, 2024, Section 9
9.1. Special Funding Contract Requirements
For use with FEMA, ARPA, SLFRF, and/or other state and federal grant funds and cooperative
agreements.
This section 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).
3.As indicated in each Section, some clauses determined nonapplicable for this project may be
removed.
Page 21 of 44
9.2. 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.
9.3. 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.
Page 22 of 44
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
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:
Page 23 of 44
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.
9.4. 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.
9.5. 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
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.
9.6. 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
Page 24 of 44
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.
9.7. 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.
9.8. 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.
9.9. 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.
Page 25 of 44
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.
9.10.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.
9.11. 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.
9.12. 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.
9.13. 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.
9.14. 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.
Page 26 of 44
Additional Information for Agreement
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 27 of 44
CERTIFICATION REGARDING BYRD ANTI-LOBBYING
Award of $100,000 or more; 2 CFR, Part 200, Appendix II(I)
The undersigned Contractor certifies, to the best of his or her knowledge, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
3.The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The Contractor signed below certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. Chapter 38, Administrative Remedies for False claims and Statements, apply to
this certification and disclosure, if any.
Company
Name:_____________________________________________________________________
Signature:_______________________________________________________Date:______
Printed
Name/Title:___________
Page 28 of 44
Page 29 of 44
Form S3a (page 1 of 2) Recipient must complete form and submit to Consortium.
CITY OF PUEBLO / PUEBLO CONSORTIUM
CDBG / HOME INVESMENT PARTNERSHIP FUND
SECTION 3 CERTIFICATION
PURPOSE, AUTHORITYAND RESPONSIBILITY
Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that promotes local
economic development and individual self-sufficiency.
Section 3 requires that, to the greatest extent possible, economic opportunities that are generated by
the use of HUD funds be made available to low- and very low-income persons, particularly those who
receive Federal financial assistance for housing and those residing in communities where the financial
assistance is expended. Section 3 established benchmark goals for (a) 25% of total labor hours worked
by Section 3 workers; and (b) 5% of total labor hours worked by Targeted Section 3 workers.
(hereinafter called the Recipient/Contractor)
hereby CERTIFIES that upon being awarded a contract to participate in the following HUD-funded project:
(the “Project”)
located at: ,
that the Recipient/Contractor:
(a)is under no contractual or other impediment that would prevent it from complying with requirements of
Section 3 as set forth in 24 CFR part 75; and
(b)will comply with HUD's regulations in 24 CFR Part 75; and
(c)will submit to the City of Pueblo or Pueblo Consortium Member, appropriate Section 3 documentation of
total labor hours performed per contractor/subcontractor, certifications of Section 3 workers, and
confirmation of Section 3 business concerns and YouthBuild participants; and
(d)will include the Section 3 Clause and this Section 3 Certification of Compliance in every subcontract and
further agrees to take the appropriate action pursuant to those regulations in the event the
contractor/subcontractor is found to be in violation of 24 CFR Part 75; and
(e)will not contract/subcontract with any contractor/subcontractor where the Recipient/Contractor has
notice or knowledge that the contractor/subcontractor has been found in violation of any provision of 24
CFR Part 75.
By:
Authorized Representative’s Signature
Name and Title:
Date:
Page 30 of 44
Form S3a (page 2 of 2)
Section 3 Clause must be included in contracts with all
contractors/subcontractors/lower-tier subcontractors.
Section 3 Clause
A.The work to be performed under this contract is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3), contributes to the
establishment of stronger, more sustainable communities by ensuring that employment and other
economic opportunities generated by Federal financial assistance for housing and community
development programs are, to the greatest extent feasible, directed toward low- and very low-income
persons, particularly those who receive Federal financial assistance for housing and those residing in
communities where the financial assistance is expended.
B.The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part 75
regulations.
C.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation of the regulations
in 24 CFR part 75.
D.Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
Page 31 of 44
Page 32 of 44
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Page 25 of 35 Page 33 of 44
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Page 34 of 44
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Page 35 of 44
Page 36 of 44
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 State of Colorado, hereby certify that, accordingto the
records of thisoffice,
DID!Usbjojoh-!MMD
is a
Mjnjufe!Mjbcjmjuz!Dpnqboz
1703703126
formed or registered on under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
31262531:81
identification number .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
2301303135
that have been posted, and by documents delivered to this office electronically through
@.
23014031351:;43;36
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
23014031351:;43;36
official certificate at Denver, Colorado on @ in accordance with applicable law.
2787:743
This certificate is assigned ConfirmationNumber .
*********************************************End of Certificate*******************************************
Opujdf;!B!dfsujgjdbuf!jttvfe!fmfduspojdbmmz!gspn!uif!Dpmpsbep!/
Ipxfwfs-!bt!bo!pqujpo-!uif!jttvbodf!boe!wbmjejuz!pg!b!dfsujgjdbuf!pcubjofe!fmfduspojdbmmz!nbz!cf!ftubcmjtife!cz!wjtjujoh!uif!
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!opuofdfttbsz!up!uif!wbmje!boe!fggfdujwf!jttvbodf!pg!b!dfsujgjdbuf/!Gps!npsf!jogpsnbujpo-!wjtju!pvs!fctjuf-
iuuq;00xxx/dmjdl
Page 37 of 44
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF TRADE NAME
Kfob!Hsjtxpme
I, , as the Secretary of State of the State of Colorado, hereby certify that, according to
the records of this office, a Statement of Trade Name for:
CfuufsDfsujgz
31352392793
(Entity ID # )
14018031351601203135
was filed in this office on with an effective date of .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
2301303135
that have been posted, and by documents delivered to this office electronically through
1:;44;29
2301403135
@ .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
2301403135
1:;44;29
official certificate at Denver, Colorado on @ in accordance with applicable law.
2787:752
This certificate is assigned ConfirmationNumber .
*********************************************End of Certificate*******************************************
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Dfsujgjdbuf!qbhf!pg!iuuq;00xxx/0cj{0DfsujgjdbufTfbsdiDsjufsjb/epfou
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
Page 38 of 44
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Page 39 of 44
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Page 41 of 44
Page 42 of 44
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Page 35 of 35 Page 43 of 44
BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE
Naomi Hedden
Director of Purchasing
230 S. Mechanic Street
Pueblo, CO 81003
719-553-2350 phone
purchasing@pueblo.us
www.pueblo.us/purchasing
PURCHASING DEPARTMENT
January 10, 2025
CHC Training, LLC dba Better Certify
Attn: Danaya Wilson, CEO, Managing Member
th
1775 W. 55Ave.
Denver, CO 80221
Ref: Project 24-135 Training Professional for EPA’s Renovation, Repair, and Painting Program
Dear Danaya:
A representative of yourcompany hasinformed the City of Pueblo (City) that your company does not possess Comprehensive
Automobile Liability Insurance coverage as required in the Request for Proposal for this project. However, they indicated
that the instructors teaching the training courses are contractors to your company and they will possess their own personal
automobile insurance coverage while driving to/from and during the training courses for this project.
The City is willing to move forward with the Service Agreement with the understanding that during the term of this
agreement CHC Training,LLC dba Better Certifywill be financially responsible to the City t for any automobile incidents,
accidents, claims, demands, causes of action whatsoever, whether they are knownduring the training course or later become
known if the trainers do not provide proof of insurance or carry coverage as required. It is recommended that you require
your contractors to provide you with a Certificate of Insurance for personal automobile liability coverage that can meet the
City’s requirements (shown below).The City may request a copy of the contractor’s insurance while the contractor is working
on-site for the training course.
The City’s automobile insurance requirements are as follows:
The automobile 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
$1,000,000OR alternate coverage of combined single limit, each accident, in an amount of not less than $1,000,000
may be accepted.
This insurance shall include uninsured/underinsured motorist coverage and shall protect the Contractor from any and
all claims arising from the use of the vehicle while performing the work for this project.
If you agree to this condition of the agreementfor the entire term of the agreement, please endorse below and return this
signed letter by January 15, 2025.
Sincerely,
Teresa May Burns
Purchasing/Contract Administrator
1/21/2025
Signature In Agreement:Date:
Page 44 of 44
