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HomeMy WebLinkAbout7422RESOLUTION NO. 7422 A RESOLUTION APPROVING AN AGREEMENT BETWEEN DESIGN STUDIOS WEST, INC., AND THE CITY OF PUEBLO FOR PROFESSIONAL SERVICES IN CONJUNCTION WITH THE HISTORIC ARKANSAS RIVER PROJECT (HARP) FINAL DESIGN AND ENGINEERING TASK II, HARP ENVIRONMENTAL ASSESSMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An agreement dated June 6, 1994, a copy of which is on file at the office of the City Clerk and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and Design Studios West, Inc., is hereby approved. SECTION 2 These services shall be paid from Account No. 04- 1994 - 400 -0 -40 -6660. SECTION 3 The President of the City Council is hereby authorized to execute said agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. ATTESTED BY: CITY CLER l INTRODUCED: JULY 11, 1994 BY: SAMUEL CORSENTINO COUNCIL PERSON APPROVED: O JAI� La.0-0�� YEStbENT OF THE CITY COUNCIL PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (THIS "AGREEMENT "), entered into this day of Y 1994, by and between THE CITY OF PUEBLO, located at 211 East "D" Street, P.O. Box 1427, Pueblo, Colorado 81003, hereinafter referred to as "OWNER" and DESIGN STUDIOS WEST, INC., located at 1425 Market Street, Suite 100, Denver, Colorado 80202, a Colorado Corporation, hereinafter referred to as the "CONSULTANT ". Pursuant to the terms of this Agreement, the Consultant shall provide professional services necessary to complete the work items described in Appendix A attached hereto and incorporated herein by this reference. The Owner and the Consultant agree as set forth below: ARTICLE 1: SERVICES The Consultant shall provide the Owner with project management, planning, engineering and landscape architectural services, as specified in the scope of services attached as Appendix A. The Owner shall compensate the Consultant for services rendered and expenses incurred under this Agreement as provided in Appendix B attached hereto and incorporated herein by this reference. Additional Services, if required by the Owner, shall be provided by a Work Release in the form attached hereto as Appendix C. Consultant shall adhere to and comply with the provisions of Exhibit D, Compliance Provision Incorporated in a Contract for Services, and Exhibit E, Certification, attached hereto and incorporated herein. ARTICLE 2: METHOD OF COMPENSATION A. In consideration of the services provided by the Consultant hereunder, the Consultant shall be compensated on a time and materials expended basis, not to exceed $50,000 in accordance with the Professional Fee (Appendix B). The fee includes all sub - consultants, project - related direct expenses, and contingencies necessary to complete the work described in Appendix A hereto. B. Payments to the Consultant for services rendered hereunder shall be made monthly, utilizing the following invoicing method: The Consultant shall submit to the Owner an invoice based on time, materials and consultants fees expeneded during the preceding month. Such invoice shall provide a description of the portion of the scope of work described in Appendix A completed by the Consultant during the preceding month. The Owner reserves the right to require additional information from the Consultant reasonably required by the Owner to substantiate any and all such compensation sought by the Consultant before accepting the invoice. The Owner shall pay the invoice within fifteen (15) days of receipt of such invoice. pr9419 \co9419.doc C. In contracting with the Consultant for professional services, the Owner warrants that funds are available to compensate the Consultant for the total amount of services and expenses contracted for hereunder and that these funds are neither encumbered nor contingent upon subsequent granting of approvals, .permits or financing commitments by lending institutions or other third parties. D. If the project is suspended or abandoned for more than three (3) months, the Consultant shall be compensated for all services performed and direct expenses incurred prior to receipt of written notice from the Owner of such suspension or abandonment. The Owner may suspend or abandon the project upon written notice to the Consultant. The Consultant shall not be required to continue to provide any services hereunder in the event the project is abandoned for more than three (3) months or the Consultant receives a written notice from the Owner suspending or abandoning the project. If the project is resumed after being suspended for more than two (2) months, the Consultant's compensation shall be equitably adjusted. ARTICLE 3: DIRECT EXPENSES A. Direct Expenses which are typical for the completion of the scope of services described in Appendix A hereto are included in the "Professional Fee" as "Direct Expenses ". Such expenses are, by example but not a limitation, transportation, telephone, delivery, xerographic reproduction, materials and supplies. B. If the Consultant is required to incur specific costs not typical for the completion of the scope of services described in Appendix A hereto, then the Consultant shall be reimbursed for those costs. Such additional direct expenses shall be approved by the Owner in writing prior to being incurred by the Consultant. C. No application fees, review fees or permit fees are included in the direct expenses. The Owner shall pay all such fees except a business license fee, which shall be paid by the Consultant. ARTICLE 4: OWNER'S RESPONSIBILITIES A. The Owner shall provide such information regarding its requirements for the project as the Owner and the Consultant initially agree are necessary for the design of the project. The Owner shall provide a representative authorized to act in its behalf with respect to the project and any project requirements, including, without limitation, all approvals required in connection with the completion of the project. Such representative shall render prompt decisions to avoid unreasonable delay or duplication and to facilitate the completion of the project. The Owner's representative shall be responsible for reviewing and distributing drawings, reports and other related documents for review at key junctures. For the purposes of this Agreement, anything delivered to the representative, whether for approval by the Owner or otherwise, shall be deemed to have been received by the Owner. co9917.doc PAGE 2 B. If the Owner has actual knowledge of any fault, defect, non - conformance, error or omission with the documents prepared by the Consultant, the authorized representative shall give prompt written notice thereof to the Consultant. C. Any written approvals issued to the Consultant by the Owner or its representative as required in this Agreement, and as required for reasonable progress of the Consultant's work, shall be presumptive evidence of the Owner's review and concurrence of the project approach. D. Timely review of plans and reports submitted by the Consultant to the Owner for approval must be made in a period not exceedin& seven (7) working days after the Owner's receipt of such data. If the Owner or. its representative fails to respond in such seven -day period, all such plans and reports delivered to the Owner shall be deemed approved. E. The information required by the paragraphs herein shall be furnished at no expense to the Consultant, who shall be entitled to rely upon the accuracy thereof, except to the extent the Consultant knows such information is inaccurate. F. The Owner shall consult with the Consultant before issuing interpretations or clarifications of the Consultant's documents. G. The Owner shall advise the Consultant of the identity of other consultants and in -house personnel participating in the project or related projects and the scope of their services and responsibilities. H. The Owner's representative shall participate in and aid in the preparation for all meetings with respect to the project. I. If the Owner wishes to modify the scope of services as provided in this Agreement, the Owner and the Consultant shall prepare an agreed upon Work Release and compensation schedule. Please refer to Appendix C - Work Release. The Owner shall be responsible for the coordination and timely processing of such Work Releases in a manner as to not delay the project schedule. co9417.doc PAGE 3 ARTICLE 5: ADDITIONAL OR EXPANDED SERVICES If authorized in writing by the Owner, the Consultant shall furnish or obtain from other consultants Additional or Expanded Services of the following types which are not considered normal or customary, or which are not proposed or anticipated at this time. A. Program requirements that change substantially requiring additional or substantive redesign or extra work time due to causes beyond the control of the Consultant and which occur after the completion and approval by the Owner of each phase of drawings and text. B. Services of special consultants not identified in the Professional Fee Schedule attached as Appendix B. C. Making revisions in drawings or other documents for work prepared by other consultants retained by the Owner who are involved with the final design and construction drawing effort of the project. D. Making revisions in drawings, text, or other documents when such revisions are inconsistent with written or implied approvals of progress or instructions previously given by the Owner. E. Meetings or presentations other than those specified in the scope of services attached as Appendix A. Serving as expert witnesses in connection with public hearings, arbitration proceedings or legal proceedings not involving disputes or litigation between the parties hereto. F. Providing any other service not otherwise included in this Agreement which cannot be anticipated at this time or is not customarily furnished in accordance with generally accepted practice and which is requested by the Owner to fulfill a specific or unique project program or design requirement developed during the planning process and not identified in the scope of services attached as Appendix A. The authorization for this type of work shall be completed pursuant to the Work Release as specified in Appendix C. ARTICLE 6: TERMINATION Either party may terminate this contract upon seven (7) days written notice to the other party. In the event that this Agreement is terminated by the Owner through no fault of the Consultant, the Consultant shall be paid for services actually performed prior to such termination, plus any direct expenses then due the Consultant. co9417.doc PACE 4 ARTICLE 7: OWNERSHIP OF DOCUMENTS Drawings, text and other documents prepared by Consultants are and shall remain the property of the Owner whether the project for which they are made is completed or not. The Consultant shall have the use of products for promotional purposes and /or to demonstrate experience related to the project. Reproducible copies shall be made available to the Owner by the Consultant at no cost to the Owner. ARTICLE 8: LITIGATION In the event of litigation between the parties arising out of this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses of such litigation including reasonable attorney and expert witness fees. ARTICLE 9: SUCCESSORS This Agreement is binding on both parties and their successors and assigns. Neither the Owner nor the Consultant shall assign, subcontract, or transfer its interest in this Agreement without the prior written consent of the other. ARTICLE 10: EXTENT OF AGREEMENT This Agreement and its appendices represent the entire and integrated Agreement between the Owner and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and the Consultant. ARTICLE 11: PROFESSIONAL LIABILITY INSURANCE The Consultant shall secure and maintain in full force and effect a policy of professional liability insurance in the amount of $500,000.00, providing coverage for any errors or omissions by it occurring during the term of this Agreement. The Owner shall be added as an additional insured to the policy. A copy of such insurance policy or a kinder reflecting the terms of such policy shall be provided to the Owner upon execution of this Agreement. ARTICLE 12: PERIOD OF SERVICES It is understood by the Owner and the Consultant that upon authorization to proceed, the Consultant will make every effort to prepare the necessary plans, drawings, and related documents as quickly as possible for each of these tasks. The schedule for completion of such services may be revised by written mutual agreement of the Owner and the Consultant. co9417.doc PAGE 5 ARTICLE 13: GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same agreement. The parties hereto have executed this Agreement in duplicate effective the day and year first above written. ARTICLE 14: CONSULTANT STATUS The parties understand and agree that the Consultant is an independent contractor and not an agent of the Owner for all services performed under the terms and conditions of this Agreement. This Agreement shall not restrict the Consultant from entering into other agreements to provide services as described herein and to retain all of the income therefrom. CITY OF PUEBLO DESIGN STUDIOS WEST, INC. By: By: J LAWRENCE, PRESIDENT DONALD d. BRANDES, JR. PUEBLO CITY COUNCIL PRESIDENT Date: �Zz Attested By: Title: , G Ty C GER Date: g'lq q Da M VICE PRESIDENT / FF V- Date: co9417.doc PAGE 6 SCOPE OF WORK ENVIRONMENTAL REVIEW RECORD for the HISTORIC ARKANSAS RIVER PROJECT (HARP) A project for the City of Pueblo Department of Planning and Community Development for the release of Economic Development Funds, and for the Pueblo Department of Housing and Community Services for the release of funds under Title I of the United States Housing and Community Development Act of 1974, and for the Colorado Department of Transportation for the release of funds under the Intermodal Surface Transportation Efficiency Act. Project Number: CDBG, CDOT, and EDA Funding Project Title: Historic Arkansas River Project (HARP) Project Location: Central Downtown, Pueblo Colorado Contact Person: Donald H. Brandes, Design Studios West, Inc. Compiled under the provisions of HUD Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 C.F.R. Part 58 pr9419 \ea- harp.doc APPENDIX A SCOPE OF WORK Design Studios West, Inc. of Denver, Colorado will prepare an Environmental Review Record meeting requirements for a Section 108 Loan Guarantee for the Historic Arkansas River Project (HARP). The Record will also fulfill and meet the Environmental Review requirements for receiving funds from the Colorado Department of Transportation and the U.S. Economic Development Administration. An Environmental Assessment will be prepared to meet the requirements of 24 CFR Part 58. Environmental conditions•and mitigation methods will be assessed for each of the HARP's activities in the form of a matrix. The matrix will include a checklist of potentially impacted environmental characteristics. The entire HARP project will be assessed, as stipulated by 24 CFR Part 58.32, project aggregation. It is not anticipated that an Environmental Impact Statement will be necessary for the HARP because no adverse, significant environmental impacts are anticipated. However, in the event that the process of the Environmental Assessment should present information which indicates that an Environmental Impact Statement will be required, DSW shall inform the City of the condition and work on the Environmental Assessment will stop at that time. The Consultant will be paid for time, materials, expenses and subconsultants fees expended to that point. Included in the assessment will be the following HARP project activities in which major construction is involved: Historic Arkansas River Channel Development • Lake Elizabeth, West Plains Plaza and Waterfront Promenade Development • Residential Development - between the realigned Elizabeth Street and Lake Elizabeth • Victoria Street Water Drop and Boat Turn- Around Development • Riverfront Plaza Area Development • Convention Center Canal Development • Natural Channel Restoration • Elizabeth Street Realignment • Union Avenue Historic Bridge Relocation • Construction of Main Street Bridge • Lou Rhodes Parkway Development • Off -site, Satellite Parking Area Development • Storm Drainage Reconstruction • Bikepath Construction Each of the above activities are described in detail in the HARP Technical Memorandum, Final Design Summary Report, dated September 21, 1993. There is also a forty percent design package which includes demolition, layout and grading of all proposed improvements. Preliminary hydrologic and hydraulic engineering reports have been completed addressing open channel design and urban storm drainage systems. The Pueblo Board of Water Works pr9419 \ea- harp.doc A-2 has conducted extensive water rights investigations and modeling regarding the use of waters diverted from the Arkansas River. These and other previously completed graphics and reports will be used to provide information to those needing to access environmental impacts. pr9419 \ea- harp.doc A-3 RECOMMENDED ENVIRONMENTAL ASSESSMENT PROCESS 1 1. Define action I 2 Develop alternatives 1 _ 1 3. Identify activities required 1 1 1 1 1 4. Define attributes affected •� 1 1 1 1 1 1 S. Solicit public concerns 1 1 1 1 1 1 � 6. Reevaluate areas of study j 1 1 1 7. Evaluate environmental impact 1 1 1 1 S. S ummarize impacts 1 1 1 9. Review alternatives •• 10. Analyze findings a. Significant impact? b. Controversial aspects? 11. Prepare assessment document 12 Review and process document Sourcr. Jain. et.al. Enobmwntat Asswwnt, pg.464. pr9419 \ea- harp.doc A -4 DOCUMENT ORGANIZATION The Environmental Review Record will be comprised of nine sections, beginning with an Introduction, which will detail a Statement of Process and Environmental Factor Rating System Status of Environmental Analysis. Subsequently, a section will be devoted to a detailed Project Description, Location, and Budget. The budget includes an analysis of the proposed sources and use of funds. The third section of the document will examine Environmental Conditions and Trends for the project area. A subsection on Land Development will address local and regional plans, zoning, compatibility and urban impact, building codes, slope, terrain, erosion and drainage, geology, hazardous substances or materials, other hazards and nuisances, soil suitability, airport and runway clear zones, noise, site plan and safety, site access, energy consumption, and public right -of -way. A subsection on Socioeconomics will provide detailed characteristics from the 1990 Census of Pueblo's population, including breakdowns by age, sex, income, race, educational attainment, and disabilities. A further presentation of 1990 Census data will include housing and labor force characteristics. Land use, displacement, neighborhood issues and effects on current population levels and character will be discussed. In addition, a subsection on Community Facilities and Services will address the subjects of schools, development of retail / commercial business, and recreation / open space, accommodation of emergency vehicles for health and safety issues, transportation, water supply, sanitary sewer, solid waste, storm water, public utilities, police and crime, fire, social services, and finally, handicap accessibility. A fourth subsection will describe the Natural Environment, including climate, atmospheric conditions, air quality, streams and lakes, wild and scenic rivers, ground water, floodplains, wetlands, coastal areas and barriers, sole source aquifers, compliance with the Clean Water Act, unique natural features, plant and animal life, endangered species, energy resources, farmlands protection, and hazardous waste. A fifth subsection on Culture and Aesthetics will address historical resources, cultural resources, archaeological resources, building design, landscape design, diversity, and compatibility in use and scale. The fourth section of the Environmental Review Record will be an Environmental Assessment Checklist. The checklist will consist of ratings assigned to each of the above factors mentioned for each subsection. Each factor's rate is determined by a comparison to existing conditions and trends. For example, a rating Will be assigned to all of the Land Development factors - local and regional plans, zoning, building codes, slope, terrain, and drainage, geology, hazardous substances or materials, other hazards, soils, airport and runway clear zones, noise, the site plan, site access, and public right -of -Way. pr9419 \ea- harp.doc A-5 Each factor mentioned in each of the subsections will be assigned a rating. An "A" rating will mean that the factor has a beneficial or no impact, "B" a moderate adverse impact, and "C" has significant adverse impact. The fifth section of the document will discuss Alternatives to the Project and Resulting Impacts of These Alternatives. Four alternatives will be considered including: 1. Other locations, 2. No action, 3. Expansion and development at the current site, and 4. Other uses. The sixth section will discuss Impacts of the Proposed Project and Areas of Impact Needing Further Study. This will include negative and positive impacts, as well as impacts needing further study. Seventh, a section on Conditions and Safeguards for the Proposed Project will address the maintenance of clear right -of -ways during construction, compliance with the American Disabilities Act and Rehabilitation Act, compliance with requirements for construction in the floodplain, the handling of artifacts or historic resources uncovered at the site, and the attainment of all permits that will be required. Section eight will cover Notifications of Impacts, Conditions and Safeguards. Section nine will be the Level of Clearance Finding for compliance with 24 CFR Part 58. Attached to the Environmental Review Record will be any necessary intergovernmental agreements, exhibits detailing construction descriptions, drawings, standards compliance and schedules, escrow agreements, progress reports, payment schedules, appropriate maps, special purpose evaluations, (such as a soils evaluation, and groundwater monitoring plans), pertinent records of communication with government agencies insuring compliance with standards and requirements, copies of published legal notices, dissemination of notice to federal, state and regional agencies, and other interested parties, dissemination of notice of findings and public explanation for action, copies of permits obtained, certification for release of funds from HUD, and finally, dissemination of combined notice of finding of no significant impact and of intent to request a release of grant funds. pr9419 \ea- harp.doc A-6 Data Collection and Dissemination Design Studios West will collect and disseminate all needed information to perform a comprehensive environmental assessment for the HARP. This process will ensure that any adverse environmental impacts will be anticipated and minimized. It is anticipated that sufficient existing data and reports have been collected and completed in and adjacent to the project area for previous City and private projects to establish the baseline environmental condition. These data and reports will be collected and presented to the appropriate agencies to facilitate their reviews and approvals of the project. Any additional studies and field investigations required of the reviewing agencies to supplement the existing reports and studies will be additional to this scope and fee. Sub - consultant fees for a Level One Environmental Review for the project area are included in the not -to- exceed fee established in Appendix B. One method used to bring about the exchange of needed information will be public involvement. DSW will initiate discussion early in the process by mailing letters detailing the project and environmental review process. Appropriate plans and graphics will be attached and sent to government agencies and other parties as required by NEPA. The letter will ask, and provide a schedule for, needed input and responses. These letters will be followed up by phone calls or personal contact for discussion of the letter. The purpose of this contact will be to facilitate clear understanding of what is being requested. Follow up will also confirm that the materials sent are sufficient to complete the requested tasks. In order to gain input and secure findings for the environmental assessment from responsible government agencies, DSW will organize preliminary meetings among DSW staff, City of Pueblo staff and representatives from the appropriate agencies. We anticipate that meetings and presentations of the project will be required for many local, state and federal agencies including the Corps of Engineers, Water Quality Conservation Board, Wildlife, public health and safety agencies, FEMA, Soil Conservation Service, State Historical Society and many others. A second method to enhance data collection and dissemination will be a public hearing. Members of the community, government agencies, and special interest groups will be invited to examine data collected, offer assistance in collecting additional data, if needed, and respond to plans. If necessary, DSW will organize and conduct more than one public hearing. Use of Previously Prepared Plans and Reports The scope of this project includes the use of previously prepared documentation, such as: the Master Plan graphics and reports generated as part of the initial phases of the HARP project; the forty percent design set of preliminary construction documents, reports and construction cost estimates; pr9419 \ea- harp.doc A-7 the hydrology and hydraulic design reports and drawings prepared by our subconsultants; the water rights modeling and filing information prepared by the Pueblo Board of Water Works, their consultants and attorneys; the intergovernmental agreement among the City of Pueblo, the Pueblo Board of Water Works, the Pueblo Conservancy District, and the Southeastern Colorado Water Conservation District; Census data reports previously prepared by the Pueblo Planning Department; and Utilities, water, storm drainage, public safety, transportation reports and studies prepared by, or on behalf of, the City over the last several months as well as letters from City department heads and Utility company representatives specifically addressing HARP issues related to these topics. Subsurface investigations for roadways, foundations, utilities and drainage improvements in and adjacent to the project area prepared for the City and private projects, including soil characteristics relating to erodability, stability, foundation and construction properties and requirements, and groundwater depths. pr9419 \ea- harp.doc A-8 Key Individual Roles and Responsibilities Role Responsibilities Donald H. Brandes, Jr., ASLA . Project Administration, Scheduling, and Principal -in- Charge Oversight. DSW Coordination of Public Involvement. Hugh Hahn . Primary contact with the City of Pueblo, and Project Manager involved government agencies. DSW Responsible for obtaining appropriate permits. Project Manager responsible for the preparation and distribution of construction plans, maps and documents. Responsible for timely legal notifications. Robin Newsome . Provides Technical Assistance to Project Senior Planner Manager. DSW Responsible for Dissemination Lists. Responsible for data collection, analyses and presentation. Provides Assistance to Project Manager in preparation for public hearing. pr9419 \ea- harp.doc A-9 APPENDIX B PROFESSIONAL FEE SCHEDULE The Owner shall compensate Consultant for the Scope of Services in the following manner: On time and materials basis according to the hourly rate listed below, not to exceed $50,000 for the Consultant's primary services and on an hourly fee basis for Consultant's Additional and Expanded services based upon the following hourly rates. These hourly rates shall be considered as fixed for one calendar year from the date of the Agreement. The not to exceed fee of $50,000.00 includes all professional fees and associated direct expenses, including the following subconsultants for Level One Environmental Review and Noise Assessment: Geothechnical /Environmental: Lincoln - DeVore, Inc. Noise Assessment: Noise Control Engineering Services The breakdown of fees, expenses and subconsultant costs is as follows: DSW fees $36,000.00 DSW expenses 4,000.00 Lincoln- DeVore 5,000.00 Noise Control Engineering Services 5,000.00 Total $50,000.00 (Subconsultant costs include fees and expenses.) The following hourly rates include overhead and profit. These rates reflect the varied expertise levels that we feel will be required for your project. Category Typical Tasks Hourly Rate Principal -in- Charge Project Administration, Management and $ 95.00 Control Project Manager Project Design, Technical Review and 75.00 Communications Professional Engineer Engineering Design, Calculations and 60.00 Certification of Drawings and Specifications Project Planner and Master Planning, Design, Site Analysis and 45.00 Designer Inventory, Construction Documents, Graphics, and Specifications Technician Base Mapping, Design Detailing, 40.00 Construction Detailing, and Graphics Clerical Word Processing, Report and Specification 25.00 Preparation, and Invoice Documentation pr94Mpueb -b.doc B - I APPENDIX C WORK RELEASE The undersigned agree that additional work must be completed as an integral part of the work scope outlined in Appendix A - Scope of Work of this Agreement. As provided under Article 5: Additional or Expanded Services, the Owner has authorized additional work for the Consultant as provided below: A. Description of Additional Work: B. Work shall be performed by: C. List of additional work: D. Schedule of completion shall be: E. Compensation: pr9419\ pueb -c.doc C - 1 F. Other terms and conditions: Approved and Accepted: CITY OF PUEBLO DESIGN STUDIOS WEST, INC. By: By: DONALD BRANDES, JR. Tit e: ?,� F S / Df-NT (9 F ?/ �/J��G1 ✓C /k PP.ESIDE Date: BTU /, V z !K /9 9 y Date: c � l Attested By: Attested By: /� �/ ANDREW . BUSH Title: C Tzf 1. 1-��, K VICE PRESIDENT V Date: T w / 1 � Q Date: � ` pr9419 \pueMc.doc C-2 APPENDIX D COMPLIANCE PROVISIONS INCORPORATED IN A CONTRACT FOR SERVICES 1. An accounting system using the accrual basis of generally accepted accounting principles which accurately reflects all costs chargeable (paid and unpaid) to the project should the project terminate the next day is mandatory. A receipts and disbursements ledger must be maintained. A general ledger with an income and expense account for each budgeted line item is necessary. Paid invoices revealing check number, date paid and item is necessary. Paid invoices revealing check number, date paid and evidence of goods or services received are to be filed according to the expense account they were charged. The City must review and approve Consultant's account system and internal controls prior to the release of funds. 2. All employees handling funds are required to be insured by a fidelity bond. 3. The City shall not be obligated to any third parties of the Consultant. The Consultant is further cautioned against obligating funds beyond the contract date of the agreement between the City and the Consultant. (Example: rent or lease agreements, service contracts, insurance, etc.). 4. The Consultant will furnish the City such statements, records, data and information, and permit such interviews with personnel as the City may request in order to effectively monitor and evaluate the project. 5. City auditors will periodically make interim audits and may upon completion of the project, make a final audit. 6. All records must be retained by the Consultant for a period of three years following the last day of the contract. (Cost summary reports must reflect actual general ledger balances.) pr9419 \pueb -d.doc D-1 APPENDIX E CERTIFICATIONS Consultant hereby certifies that the Scope of Work will be conducted and administered in compliance with: 1. Tittle VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d, et seq .) and implementing regulations issued at 24 CFR Part I; 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C. 3601, et seq.), as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; 3. Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto; 4. Section 3 of the Housing and Urban Development Act of 1968, as amended; 5. Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; 6. Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; 7. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as amended, and implementing regulations when published for effect; 8. The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing regulations when published for effect; 9. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; 10. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution; 11. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93 -234); 12. The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A -102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A -87, A -110, A -122, A -128 and A -133 as they relate to the acceptance and use of federal funds under this federally - assisted program; pr9419 \pueb -e.doc E-1 13. The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506 (c) and (d)]; 14. HUD environmental criteria and standards [24 CFR Part 51, Environmental Criteria and Standards]; 15. The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et. seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)- 303(e)); 16. The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as amended; including but not limited to section 7 (16 U.S.C. 1536) thereof; 17. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. seq.) as amended; particularly section 7 (b) and (c) [16 U.S.C. 1278 (b) and (c)0]; 18. The Reservoir Salvage Act of 1960 (916 U.S.C. 469 et. seq.) particularly section 3 (16 U.S.C. 469a -1); as amended by the Archeological and Historical Preservation Act of 1974; 19. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as amended; particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)]; 20. Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. seq.); particularly sections 2 and 5; 21. It will comply with the Lead -Based Paint Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et. seq.); 22. The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as amended; particularly section 106 (16 U.S.C. 4700; and 23. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et. seq.); particularly section 2(c). 24. Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR Part 3) and the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provisions of the HUD 4010 and the Davis Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. pr%19 \puel-e.doc E-2 25. No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed 24 CFR Part 87. 26. Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. CPD -90-44 EPA /OSHA. Signature pr9419 \pueb -e.doc E-3