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11065
RESOLUTION NO. 11065 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND HISTORITECTURE, L.L.C., FOR CONDUCTING PHASE II OF THE NORTH SIDE HISTORIC BUILDING INVENTORY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, Ordinance 7606, adopted June 25, 2007 budgeted and appropriated $22,000 to conduct Phase II of the North Side historic building inventory; and WHEREAS, Historitecture, L.L.C. was chosen as most capable of providing services advantageous for the inventory; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An agreement dated July 23, 2007 between the City of Pueblo, a Municipal Corporation, and Historitecture, L.L.C., a copy of which is attached and incorporated herein and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute said agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Funds in the amount of $22,000 shall be paid from Project PL0703 for services in accordance with the terms of the contract. INTRODUCED: July 23, 2007 BY: Randy Thurston COUNCILPERSON APPROVED: PRES ENT gF CITY COUNCIL ATTESTED BY: ITY CLERK des. J1Otn5 rmmummmEommsinum Background Paper for Proposed RESOLUTION AGENDA ITEM # 0 DATE: JULY 23, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO PLANNING DEPARTMENT /JERRY M. PACHECO TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND HISTORITECTURE, L.L.C., FOR CONDUCTING PHASE II OF THE NORTH SIDE HISTORIC BUILDING INVENTORY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Shall City Council enter into a contract with Historitecture, L.L.C. for consulting services in completion of Phase II of the North Side Historic Building Inventory? Approval of Resolution With Ordinance 7606 on June 25, 2007, City Council budgeted and appropriated $22,000 in Certified Local Government grant funds for completion of Phase II of the North Side Historic Building Inventory. Competitive bids were not required for the project by the Colorado Historical Society, nor by the City's procurement policies, as no City funds were involved. The search committee for the project chose the contractor for the first phase of the inventory, Historitecture, L.L.C. to continue work with the second phase. The inventory will begin with approval of the present resolution, and be completed May 15, 2008. FINANCIAL IMPACT Funds not to exceed $22,000 shall be paid from Project PL0703 to Historitecture, L.L.C. for Phase 11 of the inventory. RECEIVED 4UG 0 1 2007 Pueblo North Side Historic Building Survey, Phase I1, Service Agreement PROFESSIONAL SERVICE AGREEMENT Between Historitecture, L.L.C. And The City of Pueblo For Project No. Pueblo North Side Historic Building Survey, Phase II This Agreement, made and entered into this 23rd day of July, 2007 by and between Historitecture, L.L.C., with offices at and whose mailing address is 2155 McGraw Ranch Rd. No. 1009, P.O. Box 419, Estes Park, Colorado 80517 -0419 (referred to as the "CONSULTANT') and the City of Pueblo, Colorado whose mailing address is #1 City Hall Place, Pueblo, CO 81002 (referred to as the "CLIENT"). WITNESSETH: WHEREAS CLIENT desires to engage the services of CONSULTANT to furnish technical and professional services in connection with the preparation of an intensive level historic building survey of Pueblo's north side neighborhood, defined by the Phase II study area depicted in Attachment 2 (referred to as the `PROJECT"); and WHEREAS CONSULTANT has represented that it is competent, qualified and willing to provide such technical and professional services to CLIENT; WHEREAS the CLIENT desires to engage the CONSULTANT to carry out the PROJECT in a preestablished Scope of Services, described in Attachment 1, attached to and made expressly part of this agreement; and WHEREAS the CLIENT and CONSULTANT have agreed that services shall be compensated for by payment of a predetermined Imnp sum fee. NOW THEREFORE, the CLIENT and the CONSULTANT, for and in consideration of the mutual covenants herein set forth, agree that the CONSULTANT will perform the professional services and the CLIENT will perform its coordinating and supportive activities, both in accordance with the procedure set forth below: A. Scope of CONSULTANT Service CONSULTANT shall perform the Scope of Services described in Attachment I required for timely completion of the PROJECT in a good and professional manner, and provide copies of all Products described in the Scope of Services. B. Scope of CLIENT Work Program 1. Materials to be Provided by the CLIENT In the event that any information, data, reports, records, aerial photographs, or geographic information exist, and are reasonably available to client's officials and may be relevant and useful for CONSULTANT'S carrying out work on the PROJECT, such materials shall be furnished to consultant after written request by the CONSULTANT within a reasonable time, without cost or expense to the CONSULTANT. July 23, 2007 Page 1 of 5 Pueblo North Side Historic Building Survey, Phase 1I, Service Agreement 2. Services to be Provided by the CLIENT CLIENT shall identify groups or agencies to be contacted in the planning process, secure proper space and assist in scheduling meetings, schedule and provide all logistical services for the conduct of public meetings, and to review materials provided by the consultant on a timely basis as described in paragraph H. C. City Project Administrator The City Project Administrator shall serve as the direct contact for the Consultant under this Agreement. The City Project Administrator shall be the Senior Neighborhood Planner. D. Meetings CONSULTANT agrees to conduct two (2) public meetings in Pueblo, as well as two (2) meetings with the city's Historic Preservation Commission, one near the beginning of the project and one upon completion of the survey and related products. CONSULTANT further agrees to meet with the assigned Colorado Historical Society staff project manager, the National Register Historian, and the City Project Administrator at the beginning of the project and after submission of the first 10 draft survey forms, submitted concurrently to the CLIENT and Office of Archeology and Historic Preservation (O.A.H.P), and again following submission of the draft survey report and 85 draft OAHP site forms. Any additional meetings beyond those specified in the preceding paragraph shall be considered EXTRA WORK to be authorized under Paragraph J below. E. Subcontractors CONSULTANT may elect to use other subcontractors to perform certain portions of the services, however, CONSULTANT shall perform the majority of the work on the Project. Use of other subcontractors shall require the written approval of CLIENT, such approval not to be unreasonably withheld. CONSULTANT shall remain responsible for all services conducted and performed by CONSULTANT and its subcontractors. Consultant will not change senior staff without Client's approval. F. Changes Any changes in this Agreement, including the CONSULTANT Scope of Services (Attachment 1), and any modification of the amount of compensation, shall be first mutually agreed upon by CONSULTANT and CLIENT, and incorporated into a written amendment to this Agreement. G. CONSULTANT'S Compensation, Reimbursement of Job - Related Expenses, and Payment Method: 1. As full compensation for all services to be performed by Consultant under this Agreement CLIENT shall pay CONSULTANT a lump sum fee of $22,000, which includes all Consultant's and its subcontractors' services and expenses. Invoices shall be sent monthly and paid within 45 days after CLIENT receipt of CONSULTANT's invoice. Each invoice shall include a summary of work completed during the payment period, shown in comparison to approved Scope elements and their contracted price summari in Attachment 1 "Scope of Service and Fee Schedule ", with percentage of that Scope element completed. Charges shall reflect the percentage of Scope Element completed during the payment period. H. Time of Performance and Delays Beyond CONSULTANT'S Control July 23, 2007 Page 2 of 5 Pueblo North Side Historic Building Survey, Phase II, Service Agreement The services of CONSULTANT shall begin upon receipt by CONSULTANT of an executed copy of this Agreement, and, except for causes beyond CONSULTANT'S control, shall be completed by May 15, 2008. The completion of services by CONSULTANT shall be, among other things, contingent upon the timely receipt from the CLIENT of the services, data and other reports described in Paragraph B above, and upon the timely receipt from the CLIENT and the Office of Archeology and Historic Preservation of reviews and decisions to be made by the staff and OAHP. For the purpose of this Agreement, timely shall mean such decisions and choices are made by the CLIENT and returned to the CONSULTANT not more than 14 working days after receipt of request from CONSULTANT. If the required information and/or choices and decisions are not provided in a timely manner, the CONSULTANT may extend its time to perform services under this AGREEMENT by the time necessary to compensate for that delay. CONSULTANT shall not be in default by reason of any failure in performance of this Agreement in accordance of its terms, if such failure arises out of causes beyond the control and without the fault or negligence of CONSULTANT. Such causes may include, but are not limited to, the CLIENT'S failure to comply with the terms hereof, acts of God, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather. I. Nondiscrimination and Affirmative Action CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff and termination, compensation, selection for training, or participation in recreational and educational activities. The CONSULTANT shall actively seek qualified minorities when filling professional, technical and clerical positions. J. Extra Work If requested and authorized in writing by the CLIENT and approved by CONSULTANT, CONSULTANT will furnish, or obtain from others, EXTRA WORK and be compensated for said work beyond the total lump sum amount of fixed in Paragraph G above, as specified in the written agreement for the extra work. EXTRA WORK can be work of the following type: 1. EXTRA WORK due to changes in the general scope of services including, but not limited to, changes in size, complexity, or character of the services. 2. Additional copies of reports. 3. Additional meetings with the staff, State Historic Fund, general public, or I-listoric Preservation Commission beyond those specified in Paragraph D above. K. Notices All notices, communications and/or demands given pursuant hereto shall be in writing and shall be deemed sufficient if sent by certified mail, return receipt requested, addressed as set forth in the first paragraph hereof. The date of mailing shall be deemed the date of service. Either parry may change the address for notice by the aforesaid procedure. L. Work Completed All documents including but not limited to investigative studies completed or partially completed, drafts, graphics, charts, maps, and tables shall be the property of the CLIENT. CONSULTANT will retain records, payrolls, time records and research for a period of three years, which shall be open to review or audit by Client or its representatives. July 23, 2007 Page 3 of 5 Pueblo North Side Historic Building Survey, Phase fl, Service Agreement M. Entire Agreement This Agreement and the matters expressly referred to herein constitute the entire Agreement between the parties. No representations, warranties, undertakings or promises have been made by either party hereto unless expressly stated herein. All amendments hereto, if any, shall be in writing and executed by the parties. The venue for any action arising out of this Agreement shall be Pueblo County, Colorado. N. Insurance and Indemnity. CONSULTANT agrees that it has procured and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any of its employees or of any person other than his employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph 2. 2. The minimum insurance coverage, which CONSULTANT shall obtain and keep in force, is as follows: b. Workers' Compensation hisurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. c. Commercial General Liability Insurance including contractual coverage and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No/100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, Six Hundred Thousand and No/100 Dollars ($600,000.00) per occurrence for property damage, and One Million and No /100 Dollars ($1,000,000.00) for excess umbrella liability. d. Professional Liability Insurance in the amount of $1,000,000.00, and with a deductible not exceeding $5,000.00. 3. CONSULTANT agrees to hold harmless and indemnify CLIENT from and against any liability to third parties, arising out of negligent acts, errors or omissions of CONSULTANT, its employees, subcontractors and consultants. O. Termination 1. The CLIENT reserves the right to terminate this Agreement and CONSULTANT's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination. CONSULTANT shall cease all work and stop incurring expenses, and shall promptly deliver to the CLIENT all data, drawings, specifications, reports, estimates, calculations, summaries and all other information, and materials as CONSULTANT may have accumulated in perforating this Agreement, together with all finished work and work in progress. 2. Upon termination of this Agreement for events or reasons not the fault of CONSULTANT, CONSULTANT shall be paid at the rates speed in Attachment 1 - "Scope of Service and Fee Schedule" for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to CLIENT or CONSULTANT. In no event shall payment to CONSULTANT upon termination exceed the maximum compensation provided for complete performance in Section G above. 3. In the event termination of this Agreement or CONSULTANT's services is for breach of this Agreement by CONSULTANT, or for other fault of CONSULTANT including but not limited to any failure to timely proceed with work, or to pay its employees, subcontractors or consultants, or to July 23, 2007 Page 4 of 5 Pueblo North Side Historic Building Survey, Phase II, Service Agreement perform services with that level of care and skill ordinarily exercised by professional consultants specializing in the assessment of historical properties, or to perform work in a manner deemed satisfactory by CLIENTs City Project Administrator, then in that event, CONSULTANT's entire right to compensation shall be limited to the reasonable value of completed work to the CLIENT for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 4. CONSULTANT's professional responsibility for it and its subcontractors' work and services shall survive any termination. In WITNESS whereof CLIENT and CONSULTANT have executed and delivered this Agreement all on the date first above written. CONSULTANT Historitecturc, Acdam Thomas Principal Historian Witness: Date: For CLIENT City of Puebl a Municipal [ion By Judy P. ver, ident of ity Council Witness: a1 Date: 1-013 -07 July 23, 2007 Page 5 of 5 ATTACHMENT PROJECT SCOPE OF WORK, STANDARDS AND SPECIFICATIONS _Pueblo Northside Intensive Building Survey, urvey, Phase II #CO -07 -019 Project Title Project Number 1. PROJECT PURPOSE The purpose of this project is to conduct an intensive level survey of 94 properties of the north side neighborhood in Pueblo, Colorado. The first phase of an SHF- funded intensive building survey in the neighborhood is currently just being completed. The present request is for the second phase of the project as recommended by our consultant for the first phase. 2. SPECIFICATION OF WORK: The project is to survey 85 structures constituting the block north from 19' Street to 20" Streets between the east side of Main St. and the west side of West St. The survey will start when the grant is under contract. Consultants in architectural history will he retained to complete the survey. The City's project director and SHF staff will monitor draft survey forms according to the Colorado Cultural Resource Survey Manual and updates. Success of the project will be demonstrated by the provision of adequate information for an objective evaluation for national, state, or local eligibility for the district. Steps in the project will include the following: a. Facilitate a kickoff meeting in the community to explain the survey process, to answer questions, and to receive suggestions about local sources of information. b. Document 85 buildings in the Phase II survey area through fieldwork that produces architectural descriptions, digital color photographs consistent with OAHP Photographic documentation standards, and locations on a base map. c. Conduct research on the history of the 85 properties identified by the City of Pueblo, and, where necessary, contact current and former owners and longtime residents regarding the histories of buildings. d. Submit a representative sample of 10 draft survey forms for review by OAHP staff. e. Complete and submit 85 OAHP site forms with associated p hotographs to OAHP and the City. f. Submit a draft survey report, per the current OAHP survey manual for review by OAHP state survey coordinator and the national register historian. g. Consult with the state survey coordinator and national register historian at the OAHP regarding evaluations of eligibility. h. Incorporate revisions and recommendations from the above reviews into the final survey report and submit four copies to OAHP. Provide the final survey database in MS Access and the final survey report in MS Word to the City of Pueblo on CD -ROM, along with two (2) bound hard copies. i. Present the final survey report and OAHP review findings at a community meeting near the conclusion of the protect. j. Submit three sets of interim status and financial reports as well as a Final Project Report Page 1 of 5 pages 3. REQUIRED STANDARDS The project will follow the new CLG Survey Process, to include the complexity assessment, progress reports, checklists, and project evaluation. The project will also follow the policies and formats described in the Colorado Survey Manual. Survey work shall also meet the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation published September 29, 1983 in the Federal Register. 4. PRODUCTS: The following products will be delivered to the Society as set forth in Attachment D. FOUR (4) ORIGINAL COPIES OF PRODUCTS (WITH THE EXCEPTION OF CULTURAL RESOURCE INVENTORY FORMS) MUST BE DELIVERED TO THE SOCIETY. a) Ten draft survey forms for review by OAHP staff b) Draft copy and four copies of Final Survey Report, following standards in Colorado Survey Manual c) 85 Draft and Final OAHP survey forms, following standards in the Colorado Survey Manual d) Final Survey database in MS Access e) Three sets of Interim Status and Financial reports g) Final Project Report h) PDF version of Final Project Report All survey projects must include the following required standards and required products. A. REQUIRED STANDARDS FOR SURVEY PROJECTS The following standards are required for all survey projects: 1. The Contractor agrees that all survey work shall be completed to the standards provided by the Colorado Historical Society (CHS or Society) and detailed in the Colorado Survey Manual Survey forms shall be provided by the Society. 2. Black and white photographs submitted shall be properly labeled in accordance with the Colorado Survey Manual 3. Survey work shall also meet the Secretary of the Interior's Standards and Guidelines fot Identification and Evaluation published September 29, 1983 in the Federal Register. Work not meeting the Secretary's Standards in the judgement of CHS staff shall not be reimbursed. 4. Selection of Consultants: The CHS shall have the opportunity to participate in the selection of any consultants hired to conduct any portion of the above scope of work. The Consultant shall meet professional qualifications described in 36 CFR 61, Page 2 of 5 pages "Procedures for Approved State and Local Government Historic Preservation Programs, April 13, 1984," or otherwise approved by the Society. The Contractor shall submit to the Society evidence of compliance with Federal competitive procurement requirements for professional services and subcontracts prior to reimbursement of costs. The Contractor shall have final decision rights as to selection of the professional consultant hereunder. Prior to the start of the project, the designated CLG representative shall discuss the scope of work and reporting requirements with the CHS staff. The Contractor's agreement with the consultant shall contain the following provision: "No member, officer, or employee of the CLG grant recipient, including advisory board, review board, or commission board members shall have any interest in the agreement or the process thereof, except that such persons may provide technical consultative, or oversight assistance in a voluntary capacity (i.e., unpaid, and the time not charged to the required matching share for the HPF grant." B. REQUIRED PRODUCTS FOR SURVEY PROJECTS The following are required products for all survey projects: 1. The Contractor shall prepare a draft and final survey report that follows the format outlined in the Colorado Survey Manual Included in the final survey report shall be a map which clearly delineates the project boundaries. The map shall also identify individual properties or districts that appear to meet the National Register criteria. The survey report shall also include a listing of all the properties surveyed with their state identification numbers and an evaluation of their significance. The Contractor shall submit a USGS 7.5' quad map plus a city plat or planning map outlining the boundaries of the survey area with a key that identifies the boundaries of eligible districts, contributing and non - contributing properties and individually eligible properties. Each resource recorded during the project should be clearly identified on the map by appropriate site number. The Contractor shall conduct a minimum of one public meeting to describe the results of the project. Minutes of the meeting shall be submitted to the CHS. 4. The Contractor shall submit all Inventory forms completed for the survey. These shall be typed with photographs placed in appropriate archival sleeves and attached to the forms. Page 3 of 5 pages ATTACHMENT 1 PROJECT BUDGET Pueblo Northside Intensive Building Survey, Phase It Project Title Project Number CATEGORIES 1. Personnel A) B) C) 2. Contractual A) B) C) 3. Travel A) B) C) Consulting Services. Principal $12,000 Consultant, Staff 5,500 Development and Administration 525.00 Vehicle Mileage 3,846 mi. @ .39 /mi. 1,500.00 a Lodging: 15 nights @ 750.00 Per diem: 15 days @ $39 585.00 4. Materials, supplies and other expenses (identify) A) Film and Photographic Developing 410.00 B) Printing 250.00 C) Meeting Costs 480.00 TOTAL $22,000 The contractor shall not be reimbursed for any cost incurred outside of the contract terms. *Includes award amount and local matching share. 21a:at xhlxlg Page 4 of 5 /•YI 1111 DT►il UP PROJECT PERFORMANCE AND PAYMENT SCHEDULE Pueblo Northside Intensive Building Survey, urvev. Phase II Project Title Project Number PRODUCTS DATE DUE SOCIETY RESPONSE PAYMENT Scope Element Due Date Fee Consultant Resume August 1, 2007 Review & Approve Subcontract copies August 1, 2007 Review & Approve Advance payment August 1, 2007 Review & Approve. Provide advance $8,800 request payment of 40% Ten (10) draft OAHP October 1, 2007 Staff review, highlighting consistent survey forms issues and common errors. Interim Report #1 October 1, 2007 85 OAHP site forms March I, 2008 Review & Approve with associated photographs to the OAHP Draft Final Survey March 1, 2008 Review & Approve Report, following standards in the Colorado Survey Manual Interim Report #2 March 15, 2008 Review & Approve Interim Financial March 15, 2008 Review & Approve $11,000 Report Final OAHP site June 1, 2008 Review & Approve forms submitted to OAHP, following standards in the Colorado Survey Manual Four (4) hard copies June 1, 2008 Review & Approve Final Survey Report, along with PDF version, submitted to OAHP Interim Report #3 June 15, 2008 Review & Approve (Final Project Report) Final Financial Report June 15, 2008 Final payment of grant award $2,200 submitted to OAHP TOTAL $22 000 Page 5 of 5 Attachment 2: Pueblo Northside Historic Building Int ive Surve Study Areas ° $A °� E c° �° O • a CE IT p ° 0 m 1 ®a � " °❑° a, 0 °. 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