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HomeMy WebLinkAbout11210RESOLUTION NO. 11210 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND KENNY DAVIS ARCHITECTS, INC., TO COMPLETE A PEER REVIEW OF THE PRELIMINARY DESIGN AND COST ESTIMATE ON THE POLICE BUILDING, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo solicited proposals for architectural, planning, engineering and contractor services to complete a Peer Review of the Preliminary Design and Cost Estimate for the City's new Police Building Project ( "Project "), Project No. 08 -016; and WHEREAS, Kenny Davis Architects, Inc. was determined to be the firm to complete the project; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 _ Kenny Davis Architects, Inc. is hereby accepted and approved as the Consultants to complete the Project. SECTION 2_ An Agreement dated January 28, 2008 attached hereto and made a part hereof, after Attorney, by and between the City of Pueblo Architects, Inc., is hereby approved. SECTION 3. to complete the project, a copy of which is having been approved as to form by the City a Municipal Corporation, and Kenny Davis The President of City Council is hereby authorized to execute and deliver the Agreement in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 4. Fund. Funds in the amount of $20,000 for this project will be paid for from the Police Building INTRODUCED January 28, 2008 BY Vera Ortegon Councilperson PRESIf NT'ei Cif' Council ATTEST D BY R e -s.iizio Background, Paper for Proposed RESOLUTION AGENDA ITEM # DATE:, JANUARY 28, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M- PACHECO, DIRECTOR TITLE A- RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND KENNY DAVIS ARCHITECTS, INC.; TO COMPLETE A PEER, REVIEW OF THE PRELIMINARY DESIGN AND COST ESTIMATE ON THE POLICE BUILDING, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City. Council approve an Agreement with Kenny Davis Architects, Inc. to complete a Peer Review of the Preliminary Design and Cost Estimate for the City's new Police Building Project ( °Projecf'), Project No. 08 -016? RECOMMENDATION Approval of the Resolution. BACKGROUND The .City of Pueblo is currently under contract with an architectural and engineering team (the "Project Team ") in completing the architectural and engineering plans for the City's Police, Municipal Courts and Information Technology building. The Study Report and Preliminary Plans have been completed, which included: an extensive Master Plan of .the 7.5 acre site; an ALTA/Improvement Survey; a Phase Environmental Assessment of the existing site and buildings; a Due Diligence Study of the existing building on the site to determine their potential re -use; a Demolishing plans and specification; a 10 and 20. year Needs Assessment of the Departments that are proposed to be housed in the new building; Preliminary designs and alternatives; Cost Estimates; and Preliminary Specifications. Page 1 of 2 The City solicited Request for Proposals (No. 08 -016) to complete a Peer Review of the completed plans, cost estimate and documents. On January 23, 2008, the City received a proposal from Kenny Davis Architects, Inc. to complete the Peer Review. The selection committee, which was made up of Vera Ortegon, Dave Galli, Jerry Pacheco, Steven Meier, Jim Billings, and Dan Centa reviewed the proposal and interview Kenny Davis. The committee agreed that the firm of Kenny Davis Architects, and team members, was qualified to complete the Peer Review. The Scope of Work for the Peer Review will include: 1. The Consultant will review the Site Master Plan, Program Plan & Needs Assessment, Preliminary Plans, Specification and Cost Estimate. Determine if the program plan, plans and cost estimated are accurate and complete for Preliminary Design 2. If not, give reasons why the consultant disagrees and give recommendations as to what the costs should be or what should be done to improve the design and/or costs. 3. The consultant will produce a final report documenting their findings. The (10) copies of the report will be delivered to the City as well as a PDF copy. The final report will be presented to City Staff on February 15, 2008 with a report to City Council at a Work Session on February 19, 2008. FINANCIAL IMPACT Funds in the amount of $20,000 for this project will be paid for from the Police Building Fund. Page 2 of 2 CA Approved 10 -16 -07 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 28" day of January, 2008, by and between the City of Pueblo, a Municipal Corporation ( "Client ") and Kenny Davis Architects. Inc. (here in after referred to as "Consultant ") for Consultant to render professional planning and consulting services for Client with respect to the Peer Review of the Preliminary Design and Cost Estimate on the Police Building Project and related ancillary services, hereinafter referred to as the "Project ". In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES (a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Scope of Work "). Such services shall include all usual and customary professional planning and consulting services including any required drafting or design services incident to its work on the Project. (b) To the extent Consultant performs any of the Project work through subcontractors or sub - consultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors as it is for services performed directly by Consultant. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES. (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's sub - consultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respect to the completion of its services under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, CA Approved 10 -16 -07 Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, theh Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto. SECTION 3. FEES FOR SERVICES: PAYMENT (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $20,000, computed as set forth in Schedule 2. (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall ;be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES. (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client, which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $5000 or 5 % of the maximum contract price. (c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. —2— CA Approved 10 -16 -07 (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Consultant is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination of this Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. SITE ACCESS In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section I(c) of this Agreement. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable —3— federal regulations. SECTION 8. INSURANCE AND INDEMNITY C.A Approved 10 -16 -07 (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows: 0) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General 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, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible acceptable to Client. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS. (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through sub - consultants or subcontractors, Consultant shall contractually bind each of its sub - consultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. REQUIRED FEDERAL PROVISIONS [Not Applicable.] (a) Consultant understands that Client may be funding the Project in whole or part with funds provided . Consultant agrees it is subject to and shall comply with all applicable provisions of said the Act under which the contract award has m CA Approved 10 -16 -07 been made, and applicable regulations. (b) Contractor shall comply with all applicable Federal, State, and local laws applicable to its activities. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Client, at any time during normal business hours and as often as Client, deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS. (a) Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention: Dan Centa Department of Public Works, 211 E. "D" Street Pueblo. Colorado or to Consultant at Kenny Davis. President, Kenny Davis Architects, Inc.. 1638 South Brentwood St., Lakewood. CO 80232 Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement This instrument contains the entire agreement between Consultant and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severability If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terms of any federal grant, then this entire Agreement shall be void. W-B CA Approved 10 -16 -07 SECTION 12 — STATE- IMPOSED MANDATES PROHM=G ILLEGAL ALIENS FROM PERFORMING WORK. (a) Prior to or within ten (10) days of execution of this Agreement, Consultant shall submit to the Purchasing Agent of the Client its certification that it does not knowingly employ or contract with an illegal alien and that the Consultant has participated or attempted to participate in the `Basic Pilot Program" created in Public Law 208, 104' Congress, as amended and expanded in Public law 156, 108" Congress, as amended, that is administered by the United States Department of Homeland Security in order to confirm the employment eligibility of all employees who are newly hired for employment in the United States. (b) Consultant shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a sub - consultant that fails to certify to Consultant that the sub - consultant shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) The following state - imposed requirements apply to this contract: (I) The Consultant shall have confirmed or attempted to confirm the employment eligibility of all of its employees who are newly hired for employment in the United States through participation in the Basic Pilot Program and, if the Consultant is not accepted into the Basic Pilot Program prior to entering into this contract, that the Consultant shall apply to participate in the Basic Pilot Program every three months until the Consultant is accepted or this Contract has been fully completed, whichever occurs earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. (II) The Consultant is prohibited from using the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. (III) If the Consultant obtains actual knowledge that a sub - consultant performing work under this contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to: A. Notify the sub - consultant and the Client's Purchasing Agent within three (3) days that the Consultant has actual knowledge that the sub - consultant is employing or contracting with an illegal alien; and B. Terminate the subcontract with the sub - consultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the sub - consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub - consultant if, during such three (3) days, the sub - consultant provides information to establish that the Sub - consultant has not knowingly employed or contracted with an illegal alien. (IV) The Consultant is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8 -17.5- 102(5), C.R.S. (d) Violation of this Section 12 by the Consultant shall constitute a breach of contract and grounds for termination. In the event of such termination, the Consultant shall be liable for Client's actual and consequential damages. C.fl CA Approved 10 -16 -07 (e) As used in this Section 12, the term "sub - consultant" shall mean any sub - consultant or subcontractor of Consultant rendering services within the scope of this Agreement. SECTION 13. PERA LIABILPI'Y (a) The Contractor shall reimburse the City for the full amount of any employer contribution required to he 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 questionnaire attached as Exhibit A and submit the completed form to City as part of the signed Agreement. 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 B_v President of the City Council ATTEST: APPROVED AS TO FORM: City Attorney City C erk CONSULTANT: By: K Davis, President Kenny Davis Architects, Inc. —7— Kenny , Davis , Ai 6Hte6ts Schedule 1 "Scope of Work" 1) Review the Site Master Plan, Program Plan & Needs Assessment, Preliminary Plans, Specification and Cost Estimate. Determine if the program plan, plans and cost estimate are accurate and complete for Preliminary Design. 2) If not, give reasons why you disagree and give recommendations as to what the costs should be or what should be done to improve the design and/or costs. 3) A final report will be produced by the Design Team documenting our findings. Ten (10) copies of the report will be delivered to the City as well as a PDF copy. 4) Team Members: Kenny Davis AIA (primary Architectural ream contact) Kenny Davis Architects, Inc 1638 South Brentwood Street Lakewood, CO 80232 303 960 5813 KennyA KennvDavisArch itects.com James R. Valentine PE (primary Structural contact) Valentine Engineering, LLC 4203 St Andrews Drive Pueblo, CO 81001 719 542 9230 %v(&V a lenti neEncineering. com Roger D Lemmon PE (primary Mechanical contact) AE Associates, Inc 7222 Commerce Center Dr # 235 Colorado Springs, CO 80919 719 262 9430 roger.lemmon(a)aeassociales. net Mike Kohnert (primary Electrical contact) Kohnert Electrical Engineers, Inc 911 S 8th St # 200 Colorado Springs, CO 80906 719 633 2637 emai I(M.kohnertee. com Alan J. Freidhof (primary Cost Estimator contact) The Master's Builder 1018 S. Oak Valley Lane Pueblo West, CO 81007 719 547 0844 aifreidhof cDvahoo.com John Chrisman (primary Civil contact) C &M Consulting 1306 Fortino Blvd., Suite 110 Pueblo, CO 81008 719 543 0200 CM ichrisman(o�comcast.hel 1638 South Brentwood Street Lakewood, CO 80232 303 96 0- 5813 KennyOKennyDavisArchitects .com Kenny Davis Architects i i Schedule 2 "Fee Schedule" The Fee for the scope of work outlined in this proposal is $20,000. This includes all Peer Review time, meetings, and deliverables as outlined in Schedules 1 and 2. Additional work will be billed at the hourly rates below: Kenny Davis Architects $125/hr AE Associates $135/hr Valentine Engineering $100/hr Kohnert Engineering $100/hr C &M Consulting $150/hr A Master's Builder $100/hr 1638 South Brentwood Street Lakewood, CO 80232 303 960 -5813 Kenny (cDKennvDavisArchitects.com 1 Kenny -Davis Architects Schedule 3 "Schedule of Tasks" 1) Team representatives will meet with city staff once between Jan 28 and January 30" 2008. 2) Report will be completed and presented to city staff February 15 2008. 3) Final report will be presented to city council at work session, tentatively scheduled for February 19 2008. (Date may vary) 4) Consultants will be available for one additional meeting if necessary. 1638 South Brentwood Street Lakewood, CO 80232 303 960 -5813 KennyQKennvDavisArchitects.com 1 EXHIBIT A RFP NO. 08 -016 Architectural, Planning, Engineering and/or Contractor Services for a Peer Review of the Preliminary' Design and Cost Estimate for the City of Pueblo's new Police Building COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes No X . (b) If you answered `yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes _, No . If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Name F.T4 l! 11M Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other Page 1 of 2 EXHIBIT A compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed i , 20 0 8 Name: KEnY lJx+ - fy Title: Re 144A+ For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. Page 2 of 2