HomeMy WebLinkAbout11269RESOLUTION NO. 11269
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE DURRANT GROUP INC., FOR PERFORMING AND
COMPLETING THE FINAL DESIGN PHASE, CONSTRUCTION DOCUMENTATION AND
BIDDING PHASE, AND CONSTRUCTION MANAGEMENT PHASE FOR THE PUEBLO
MUNICIPAL COMPLEX, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, the City of Pueblo solicited proposals for architectural, planning and
engineering services for the Municipal Complex, also know as the Police Building Project
( "Project "), Project No. 06 -060 and the proposal from Durrant -HGF Architects, of which Durrant
Group, Inc. ( "Durrant ") will be the prime consultant, was determined to be the most acceptable firm
for the project; and
WHEREAS, On November 27, 2006, City Council entered into an Agreement with the
Durrant Group to perform the Study/ Report and Preliminary Phases of the architectural and
engineering portions of the Project; and
WHEREAS, the Preliminary Design has been completed and has been reviewed by City
Council at their Work Session on December 17, 2007; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Agreement between the Durrant Group,
2008 for professional services for the Final Design,
Construction Management Phases for the Project,
such minor changes therein as shall be approved
Attorney.
SECTION 2.
Inc. and the City of Pueblo, dated March 24,
Construction Documentation and Bidding, and
is hereby approved in substantially form with
by the President of City Council and the City
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 3_
Funds in the amount of $1,373,074 for this project and setting forth $137,000 in
contingency funds will be paid for from the Police Building Fund.
INTRODUCED March 24, 2008
BY Vera Ortegon
Councilperson
APPROVE
LA HL-
ATTEST ED BY: Cff. � y
PPI`81f I T' i I
Res iI'.I ��
D �[D ;.
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 47,
DATE: MARCH 24, 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 THE DURRANT GROUP INC., FOR
PERFORMING AND COMPLETING THE FINAL DESIGN PHASE, CONSTRUCTION
DOCUMENTATION AND BIDDING PHASE, AND CONSTRUCTION MANAGEMENT
PHASE FOR THE PUEBLO MUNICIPAL COMPLEX, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve an Agreement with The Durrant Group Inc. to perform
the Final Design, Construction Documentation and Bidding, and Construction
Management Phase for the Municipal Complex, also known as the Police Building
Project ( "Project ")?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
On September 15, 2006, the City received eight (8) proposals from reputable
companies vying to provide professional architectural, planning and engineering
services for the Project (RFP — Project No. 06 -060). On September 26, 2006, the
Committee interviewed the five (5) top firms and selected the Durrant -HGF team to
complete the professional services for the Project. On November 27, 2006, City Council
entered into an Agreement with the Durrant Group to perform the Study /Report and
Preliminary Phases of the architectural and engineering portions of the Project.
Durrant and its Sub - Consultants will provide the following services in connection with
the Project:
1. Final Design Phase
The goal of this phase is to develop the selected Site Master Plan and Building
Design Schemes to greater specificity, in preparation for final bidding and
construction documentation.
Durrant will produce coordinated technical criteria, written descriptions and
design data for all aspects of the Project in this phase. Major elements including
building structure, mechanical, plumbing, fire protection, electrical, and
telecommunications systems are designed and coordinated through enlarged
scale drawings, detailed plans, elevations and sections. This documentation will
include, at a minimum, the final design criteria to be used for developing
Construction Documents as well as draft specifications for determination of
construction materials and systems. The documentation of this phase will
include a detailed cost opinion by Durrant's sub - consultant, Pre - construction
Services, Inc., to confirm conformance with the Project Budget.
Also, the Site Master Plan and Building Designs will be analyzed for feasibility
using a Fatal Flaw Analysis methodology and a report with recommendations will
be provided to the City. A recommended Phasing Plan coordinated with the
City's stated funding schedule will also be developed and provided.
Documentation of the final, developed design will be provided and presented to
the City for review and approval.
2. Construction and Bidding Documentation Phase
The goal of this phase is to develop the Final Design documentation to the level
of final bidding and construction documentation as well as to assist the City in
obtaining bids for construction of the project.
Durrant will develop a coordinated suite of construction documents in accordance
with Section 2.4 of the Agreement, including but not limited to detailed drawings
and specifications suitable for bidding and construction of all designated
elements of the project scope. These documents of service will conform to the
applicable codes and regulations in force at the time of the project, including
Building Codes, the Life Safety Code, Uniform Fire Codes, ADAAG /ADA and
other relevant codes as designated by the City of Pueblo.
Intermediate review packages will be provided to the City at the 70% and 90%
completion stages of document preparation. The review comments of the City
will be incorporated into the documents before release for bidding.
A detailed cost opinion by Durrant's sub - consultant, Pre - construction Services,
Inc., to confirm conformance with the Project Budget will be developed for each
of these two progress sets.
Durrant will assist the City in administering the bidding of the project by attending
a pre -bid conference, responding to bidders' questions via formal Addenda,
reviewing bids received and making recommendations to the City regarding the
bids submitted.
3. Construction Management Phase
The goal of this phase is to assure that the construction of the Project proceeds
properly, in harmony with the Construction Documents and delivers to the City of
Pueblo a completed facility that meets their needs and expectations.
Durrant's role in this phase is to provide the City with advice and
recommendations so as to protect the City's interests as well as oversee the
closeout of the Project so that it is ready for occupancy on schedule and within
the budget parameters.
Durrant will provide services during the construction phase in accordance with
Section 2.5 of the Agreement, including but not limited to, attending construction
meetings, making on -site observations at regular intervals, providing written
documentation of these observations accompanied by photographs, reviewing
shop drawings and applications for payment, responding to the Contractor's
requests for information, preparing Change Orders and other construction phase
documentation, review construction closeout documentation and prepare record
drawings per the City of Pueblo Agreement for the Construction Phase.
FINANCIAL IMPACT
Funds in the amount of $1,373,074 for this project and setting forth $137,000 in
contingency funds will be paid for from the Police Building Fund.
i,
Municipal Complex — Police Building Project
AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
THIS AGREEMENT made and entered this 24" day of March, 2008 by and between the City of
Pueblo, a Municipal Corporation (hereinafter "Owner ") and The Durrant Group Inc., a Wisconsin
Corporation a professional design and engineering firm (hereinafter "Consultant ") for Consultant to
render certain professional design, engineering and related services for Owner in connection with the
Municipal Complex Project (aka the new Police Building), hereinafter referred to as the "Project."
The Project is further defined in Appendix A. In consideration of the mutual covenants hereinafter set
forth, the parties agree as follows:
SECTION 1. GENERAL
L1 Architect shall satisfactorily perform professional architectural services for all phases of
Project indicated below by mark placed in the appropriate box or boxes:
[ ] - Study and Report Phase
[ ] - Preliminary Design (Schematic) Phase
[X] - Final Design Phase
[X] - Construction Documents & Bidding Phase
[X] - Construction Management Phase
Upon completion of any phase, Architect shall not proceed with work on the next phase, if any,
until authorized in writing by Owner to proceed therewith.
Such services shall include all usual and customary professional planning, design, engineering (through
designated subcontractors), consultation and advice necessary to perform and complete the Scope of
Services (the "Work "). For the purposes of this Project, the professional disciplines required for the
Work shall include, but not limited to: land planning, landscape architecture, civil engineering,
surveying, architecture, environmental engineering, geo- technical study, and graphic communications
and the Work necessarily involves the furnishing (directly or through professional consultant
subcontractors) of customary and usual civil, structural, mechanical and electrical engineering
services.
1.2 In performing the professional services, Architect shall complete the work items
described generally in Appendix A - Scope of Services and the items identified in Section 2 of this
Agreement which are applicable to each phase for which Architect is to render professional services.
1.3 Professional engineering services (whether furnished directly or through a
professional consultant subcontract) shall be performed under the direction and supervision of a
registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado.
Page 1 of 16
Reproductions of final drawings for construction produced under this Agreement shall be the same as
at least one record setwhich shall be furnished to Owner and which shall be signed by and bear the seal
of such registered Professional Engineer.
1.4 Surveyingwork included within or reasonably contemplated by this Agreement shall be
performed under the direction and supervision of a registered Professional Land Surveyor in good
standing and duly licensed to practice in the State of Colorado. All plats and surveys produced under
this Agreement shall be signed by and bear the seal of said Professional Land Surveyor.
1.5 Architectural services shall be performed under the direction and supervision of an
architect duly licensed and authorized by law to conduct a practice of architecture in the state of
Colorado.
SECTION 2. ARCHITECT SERVICES
2.1 Study and Report Phase If Architect is to provide professional services with respect
to the Project during the Study and Report Phase, Architect shall:
(a) Consult with Owner to determine his requirements for the Project and review
available data.
(b) Advise Owner as to the necessity of his providing or obtaining from others data
or services of the types described in paragraph 2.2(c), and assist Owner in obtaining any such services.
(c) Provide special analyses of Owner's needs, planning surveys, site evaluations
and comparative studies of prospective sites and solutions.
(d) Identify and analyze requirements of governmental authorities and regulatory
agencies involved in approval or permitting any aspect of Project.
(e) Provide general economic analysis of Owner's requirements applicable to
various alternatives.
(f) Prepare a Report with appropriate exhibits indicating clearly the considerations
involved and the alternative solutions available to Owner, and setting forth Architect's findings and
recommendations with opinions of probable costs.
(g) Furnish twenty -five (25) copies of the Report and present and review it in
person with Owner.
22 Preliminary Design (Schematic) Phase If Architect is to provide professional services
with respect to the Project during the Preliminary Design Phase, Architect shall:
(a) Consult with Owner and determine the general design concept and Project
requirements based upon information furnished by Owner as well as any study Report on the Project.
Page 2 of 16
(b) Prepare and submit to Owner preliminary design documents consisting of final
design criteria, preliminary drawings, an outline of specifications, and written descriptions of all
significant features of Project.
(c) Prepare and submit to Owner a requirements checklist of any subsurface
investigation, additional data, permits, or other information and requirements which is anticipated will
be necessary for the design or construction of Project.
(d) Provide written disclosure to Owner of significant design assumptions and
design risks and advantages/disadvantages inherent in or presented by design alternatives, and make
recommendations to Owner based thereon.
(e) Prepare and submit to Owner a preliminary cost estimate for the Project
including construction cost, contingencies, professional compensation, consultant fees, costs of land
and rights of way, compensation for damages and finance costs, if any.
(f) Architect shall furnish twenty -five (25) copies of each above referenced
submittal document to Owner for Owner's use, and shall review same in person with Owner.
2.3 Final Design Phase If Architect is to provide professional services with respect to
the Project during the Final Design Phase, Architect shall:
(a) After consultation with the Owner, receipt of Owner's selection of any design
options and review of the Preliminary Design Documents, if any, prepare and submit to Owner final
Drawings showing the scope, extent and character of the work to be performed by contractors, and
Specifications describing such work and the requirement therefore. Such plans and Specifications
shall comply with all applicable building codes and requirements of regulatory agencies having any
approval authority. Final design, including Drawings and Specifications, shall also comply with ADA
Accessibility Guidelines ( ADAAG) Manual developed by the U. S. Architectural and Transportation
Barriers Board (1998) or ADA Standards for Accessible Design published at 28 C.F.R. Part 36,
Appendix A, whichever is applicable. Architect shall include an attest statement on each record
drawing sheet of final plan drawings that certifies compliance with either the ADAAG Manual
or 28 CFR ' 36 Standards.
(b) Make reasonable revisions to the Drawings and Specifications requested by
Owner, informing the Owner of any change in probable construction costs as a result of such
revisions. However, substantial changes in the nature or scope of the Project, which are inconsistent
with approvals or instructions previously given by the Owner, are considered Additional Services for
which the Architect will be compensated according to Paragraph 2.6(g).
(c) Provide technical criteria, written descriptions and design data for Owner's use,
and disclose any significant risks and advantages/disadvantages inherent in or presented by design
choices.
Page 3 of 16
(d) Based upon Architect's best professional judgment, prepare and submit to
Owner a current detailed opinion of probable cost for the Project including construction cost,
contingencies, professional compensation, and consultant fees. Opinion of probable cost for land and
right of way costs, damages and finance costs, if any, will be provided by the Owner.
(e) After review and comment by Owner, furnish to Owner all deliverables
identified in Appendix A to this Agreement, including but not limited to one original reproducible copy
of the design documents, electronic AutoCAD files of all Drawings, usable electronic copies of all other
documents, and not less than twenty -five (25) useable paper copies of all these final design documents.
All information, documents and files transferred on electronic media will be in the standard format of
the Architect and the Owner acknowledges that these copies are instruments of professional service and
that ownership of such shall be governed by Section 7.1.
2.4 Construction Documents & Bidding Phase If Architect is to provide professional
services with respect to the Project during the Construction Documents & Bidding Phase, Architect
shall:
(a) After consultation with the Owner, receipt of Owner's selection of any design options
and review of the Final Design Documents, prepare and submit to Owner final detailed construction
Drawings showing the scope, extent and character of the work to be performed by contractors, and
Specifications describing such work and the requirements therefore. Such Drawings and Specifications
shall comply with applicable building codes and requirements of regulatory agencies having any approval
authority. The Drawings and Specifications shall also comply with ADA Accessibility Guidelines
(ADAAG) Manual developed by the U.S. Architectural and Transportation Barriers Board (1998) or
ADA Standards for Accessible Design published at 28 C.F.R. Part 36, Appendix A, whichever is
applicable
(b) Make reasonable revisions to the Drawings and Specifications requested by Owner,
informing the Owner of any change in opinion of probable construction costs as a result of such
revisions. However, substantial changes in the nature or scope of the Project, which are inconsistent
with approvals or instructions previously given by the Owner, are considered Additional Services for
which the Architect will be compensated according to Paragraph 2.6 (g).
(c) Provide technical criteria, written descriptions and design data for Owners use, and
disclose any significant risks and advantages /disadvantages inherent in or presented by design choices.
(d) Based upon Architect's best professional judgment, prepare and submit to Owner a
current detailed opinion of probable cost for the Project including construction cost, contingencies,
professional compensation and consultant fees. Cost estimates for land and right of way costs, damages
and finance costs, if any, will be provided by the Owner.
(e) Prepare and submit 15 copies of the Construction Document package in both a 70%
and a 90% complete to the Owner in draft forms (2 submittals) for comments. The package shall
include, but not be limited to; a contract agreement, general and special conditions, bid forms,
invitations to bid, information for bidders, forms of warranty, general and special conditions,
Page 4 of 16
specifications and construction drawings, and including any special requirements imposed upon such
contracts by any federal or other funding source and by any regulatory agency. In preparing such draft
forms, Architect shall consider and incorporate, to the extent both advisable and feasible, owner's
standard forms of agreement, warranty, payment and performance bonds, general conditions and
selected specifications.
(f) After review and comment by Owner, prepare and submit final construction documents
including Drawings, Specifications, forms of contract agreement, general and special conditions, bid
forms, invitations to bid, information for bidders, and forms of warranty, together with any Addenda
which may be required or appropriate to correct errors, clarify Drawings or Specifications or advise of
changes. One original reproducible copy and 25 useable copies of these final bid documents shall be
furnished to the Owner. Additionally, all documents shall be electronically provided to Owner in
standard word processing format designated by Owner, with Drawings provided in AutoCAD files,
readable by the AutoCAD version to be specified by Owner.
(g). Make recommendations to Owner concerning the need for pre - qualification or
equipment, vendors or bidders, and, if requested by Owner, incorporate pre - qualification requirements
in final bid and construction contract documents.
(h) Attend a pre -bid conference with bidders to discuss Project requirements and receive
requests for clarification, if any, to be answered by Architect in writing to all plan holders as an
addendum to the bid.
(i) Consult with and make recommendations to Owner concerning: acceptability of
bidders, subcontractors, supplier, materials, equipment, suitability of proposed "or equals ", amount of
bids and any other matter involved in consideration and review of bids and bidders upon which Owner
may reasonably request Architect's advice.
2.5 Construction Manaaement Phase If Architect is to provide professional services
with respect to the Project during the Construction Phase, after award by the Owner of a general
contract or contracts for construction of the Project, Architect shall:
(a) Perform all duties and functions to be performed by Architect under the terms of the
construction contract.
(b) Visit the Project site, perform observations to become generally familiar with the
progress and quality of the work and advise the Owner as to same. The frequency and level of
observation shall be commensurate with the nature of the work and size of the Project, except that any
specific provisions set forth in Appendix A - Scope of Services concerning the level of observation shall
determine Architect's obligation concerning level of observation.
(c) Make determinations as to whether the work is generally proceeding in accordance and
compliance with the construction contract documents. However the Architect shall neither have
control over or charge of, nor be responsible for, the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Project, since
these are solely the Contractor's responsibilities.
Page 5 of 16
(d) Promptly advise the Owner in writing of any omissions, substitutions, defects or
deficiencies noted in the work of any contractor, subcontractor, supplier or vendor on the Project.
(e) Reject any work observed on the Project that does not conform to the contract
documents.
(� On request of the Owner, or the construction contractor, issue written interpretations as
to the Drawings and Specifications and requirements of the construction work.
(g) Review shop drawings, samples, product data and other submittals of the contractor for
conformance with the design concept of Project and compliance with the Drawings, Specifications and
other contract documents, and indicate to Contractor and Ownerwith respect thereto, any exceptions
noted, or modification or resubmittals required. The Architect's action shall be taken with such
reasonable promptness as to cause no delay in the Project while allowing sufficient time in the
Architect's professional judgment to permit adequate review. Review of such submittals is not
conducted for the purpose of determining the accuracy or completeness of other details such as
dimensions and quantities, or for substantiating instructions for installation, or performance of
equipment or systems all of which remain the responsibility of the Contractor. The Architect's review
shall not constitute approval of safety precautions, construction means, methods, techniques, sequences
or procedures, nor shall approval of a specific item indicate approval of an assembly of which the item
is a component.
(h) Review all applications of Contractor for payment and in connection with same, issue
certificates for payment to the Owner for such amounts as are properly payable under the terms of the
construction contract. Each such certificate shall constitute Architect's representation to Owner that he
has visited and observed the Project and that to the best of his knowledge, the work for which payment
has been sought has been completed by Contractor in accordance with the Drawings, Specifications and
other contract documents.
(i) Subject to written concurrence by Owner, promptly render a written recommendation
to Owner concerning all proposed substitutions of material and equipment.
(j) Draft, for Owner's consideration, and offer recommendations upon, all proposed
change orders and contract modifications.
(k) On application for final payment by the Contractor, make a final site observation of the
Project, assembling and delivering to the Owner any written guaranties, instructions manuals, record
drawings based on information provided by the Contractor, diagrams and charts required by the
contract documents, and issuing a certificate of final completion of the Project.
p) The Architect shall, if and to the extent so provided in the construction contract, be the
interpreter of the construction documents and arbiter of claims and disputes thereunder. Upon written
request of the Owner or Contractor, the Architect shall promptly make written interpretations of the
contract documents and renderwritten decisions on all claims, disputes and other matters relatingto the
execution or progress of the work on the Project. The interpretations and decisions of the Architect
Page 6 of 16
shall be final and binding on the Contractor and Owner, unless the Director of Public Works of the
Owner shall, within seven calendar days after receipt of the Architect's interpretation or decision, file his
written objections thereto with the Architect and Contractor. Architect shall not be liable for results of
interpretations or decisions so rendered in good faith.
2.6 Additional Responsibilities This paragraph applies to all phases of Architect's work.
(a) Architect shall be responsible for the professional quality, technical accuracy,
timely completion and coordination of all of Architect's work, including that performed by Architect's
consultants and subcontractors, and including designs, Drawings, Specifications, reports and other
services, irrespective of Owner's approval or acquiescence in same. Architect shall, without additional
compensation, correct or revise any errors, omissions or other deficiencies in his work.
(b) Architect shall be responsible, in accordance with applicable law, to Owner for
all loss or damage to Owner caused by Architect's negligent act or omission; except that Architect
(and its professional subcontractors) hereby irrevocably waives and excuses Owner and its 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) Architect's professional responsibility shall comply with the generally accepted
standard of care applicable to the type of engineering and architectural services provided,
commensurate with the size, scope and nature of the Project.
(d) Architect shall be responsible for the safety and conduct of Architect's
employees in the execution of work under this Agreement, shall provide all reasonably necessary safety
equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and
all claims, suits, loss or injury to Architect's employees. Architect and Architect's consultants and
subcontractors, are not responsible for overall site safety.
(e) Architect acknowledges that, due to the nature of architectural and related
professional services and the impact of same on the Project, the Owner has a substantial interest in the
personnel and consultants to whom Architect assigns principal responsibility for services performed
under this Agreement. Consequently, Architect represents that Architect has selected and intends to
employ or assign the key personnel and consultants identified in Appendix C - "Identification of
Personnel, Subcontractors and Task Responsibility ", attached hereto for the Project assignments and
areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall
have the right to object in writing to employment on the Project of any such key person, consultant or
assignment of principal responsibility, in which case Architect will employ alternate personnel for such
function or reassign such responsibility to another to whom Owner has no reasonable objection.
Thereafter, Architect shall not assign or reassign Project work to any person to whom Owner has
reasonable objection.
Within 5 days of execution of this Agreement, Architect shall designate in writing a Project
Page 7 of 16
representative who shall have complete authority to bind Architect, and to whom Owner should
address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization
from Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order in
which Architect proposes to accomplish his work, with dates on which he will commence and
complete each major work item. The schedule shall provide for performance of the work in a timely
manner so as to not delay Owner's time table for achievement of interim tasks and final completion of
Project work, provided however, the Architect will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect considers beyond or in addition
to the scope of work and services which Architect has contractually agreed to perform under the
terms of this Agreement, Architect shall advise Owner in writing (i) that Architect considers the work
beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope or
additional work should be performed, and (iii) a reasonable estimate of the cost of such work.
Architect shall not proceed with such out of scope or additional work until authorized in writing by
Owner. The compensation for such authorized work shall be negotiated, but in the event the parties
fail to negotiate or are unable to agree as to compensation, then Architect shall be compensated for his
direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule ".
SECTION 3. OWNER'S RESPONSIBILITIES.
3.1 Owner shall:
(a) Designate a representative to whom all communications from Architect shall be
directed and who shall have limited administrative authority on behalf of Owner to receive and
transmit information and make decisions with respect to Project and who shall have authority, upon
completion of any phase, to authorize, in writing, the Architect to proceed with the next phase. Said
representative shall not, however, have authority to bind Owner as to matters of legislative or fiscal
policy.
(b) Advise Architect of Owner's Project requirements including: objective, project
criteria, use and performance requirements, special considerations, physical limitations, financial
constraints, and required construction contract provisions and standards.
(c) Provide Architect with available information pertinent to the Project including
any previous reports, studies or data possessed by Owner, which relates to design or construction of
the Project. Architect may reasonably rely on the accuracy and completeness of these items.
(d) Assist in arranging for Architect to have access to enter private and public
property as required for Architect to perform his services.
(e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and
other documents presented by Architect, and render written decisions pertaining thereto within a
reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental
Page 8 of 16
engineering work or materials furnished hereunder shall not in any way relieve the Architect of
responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance
of, or payment for, any of the services shall not be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this Agreement.
(1) Upon advice of the necessity to do so from Architect, obtain required approvals
and permits for the Project. The Architect shall provide all supportive documents and exhibits
necessary for obtaining said approvals and permits.
(g) Notify Architect within a reasonable time whenever Owner becomes aware of
any substantial development or occurrence, which materially affects the scope or timing of Architect's
services.
(h) Owner shall perform its obligations and render decisions within a reasonable
time under the presented circumstances. However, given the nature of Owner's internal organization
and 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
Owner 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
Architect is not within the custody or control of Owner but must be procured from others.
SECTION 4. TIME FOR PERFORMANCE
Architect's obligation to render services shall continue for such period of time as may
reasonably be required for completion of the work contemplated in Appendix A - Scope of Services
and Section 1 of this Agreement.
SECTION 5. PAYMENT
5.1 Owner will pay to Architect as full compensation for all services required to be
performed by Architect under this Agreement, except for services for additional work or work beyond
the scope of this Agreement, those maximum amounts set forth in Appendix B - "Fee Schedule" and
computed in accordance with this Section.
5.2 Architect shall submit periodic, but not more frequently than monthly, applications for
payment, aggregating to not more than the maximum amount, for actual professional services rendered,
and for reimbursable expenses incurred. Such applications shall be submitted with appropriate
documentation that such services have been performed and expenses incurred. 'Thereafter, Owner shall
pay Architect for the amount of the application within 40 days of the date of billing, provided that
sufficient documentation has been furnished
5.3 The rates of compensation for service and for reimbursable expenses to be used with
periodic and final payment applications shall be those set forth in Appendix B - "Fee Schedule ", except
that the total of professional services and reimbursable expenses shall not exceed the total amount given
in the Architect's proposal.
Page 9 of 16
5.4 No separate or additional payment shall be made for profit or overhead. No separate
or additional payment shall be made for computer time, secretarial or clerical time or other expenses
unless specifically identified as a reimbursable expense item in Appendix B - "Fee Schedule," and made
subject to any limitations set forth in paragraph 5.1 above.
5.5 No compensation shall be paid to Architect for services required and expenditures
incurred in correcting Architect's mistakes or negligence.
5.6 Compensation for authorized work beyond the scope of this Agreement shall be
governed by Paragraph 2.6(g).
SECTION 6. TERMINATION
6.1 The Owner reserves the right to terminate this Agreement and Architect's performance
hereunder, at any time upon written notice, either for cause or for convenience. Upon such
termination, Architect shall cease all work and stop incurring expenses, and shall promptly deliver to
the Owner all data, Drawings, Specifications, reports, estimates, calculations, summaries and all other
information, and materials as Architect may have accumulated in performing this Agreement, together
with all finished work and work in progress.
6.2 Upon termination of this Agreement for events or reasons not the fault of Architect,
Architect shall be paid at the rates specified in Appendix B - "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 Owner or Architect. In no event shall payment to Architect upon
termination exceed the maximum compensation provided for complete performance in paragraph 5.1
and Appendix B.. Consultant shall deliver to the Owner, all data noted above within 5 days after receipt
of payment for all work done through the termination date and 10 days beyond.
6.3 In the event termination of this Agreement or Architect's services is for breach of this
Agreement by Architect, or for other fault of Architect including but not limited to any failure to timely
proceed with work, or to pay its employees, subcontractors or consultants, or to perform services with
that level of care and skill ordinarily exercised by professional Architects specializing in the design of
sim lar facilities, or to perform work in a manner deemed satisfactory by Owner's Director of Public
Works (as long as this manner is consistent with the normal standard of care), then in that event,
Architect's entire right to compensation shall be limited to the reasonable value of completed work to
the Owner for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to
date of termination
6.4 Architect's professional responsibility for his completed work and services shall survive
any termination.
SECTION 7. GENERAL PROVISIONS
Page 10 of 16
7.1 (a) Ownership of Documents All designs, Drawings, Specifications, and other
work product produced by the Architect in the performance of this Agreement shall be the sole
property of the Owner upon payment of all monies due to the Architect, and the Owner is vested with
all rights therein of whatever kind and however created, whether created by common law, statutory law,
or by equity. The Architect agrees that the Owner shall have access at all reasonable times to inspect
and make copies of all notes, designs, drawings, specifications, and all other technical data pertaining to
the work to be performed under this Agreement. In the event Owner uses the designs, Drawings or
Specifications provided hereunder for another project independent from Project, without adaptation
and review by Architect and without payment of an additional fee for this reuse, Owner shall hold
harmless and indemnify Architect from all loss, claims, injury and judgments arising from the use of
such designs, Drawings or Specifications for such other project. In the event (I) Owner terminates the
services of Architect prior to completion of final design, and thereafter Owner completes the design
and construction of the Project without review and adaptation of the design, Drawings and
Specifications by Architect, or (ii) Owner terminates the services of Architect after completion of final
design and the Owner completes the construction of the Project with modifications to the plans,
Drawings and Specifications prepared by Architect, Owner agrees that it will hold Architect harmless
from all loss, claims, and injury attributable to the completion of design by others or to such
modifications from Architect's final design, Drawings and Specifications.
(b) Advertising Unless specifically approved in advance in writing by Owner,
Architect shall not include representations of the Project in any advertising or promotional materials,
except for accurate statements contained in resumes or curriculum vitae of Architect's employees. If
Architect wishes to include representations in advertising or promotional materials, it shall submit a
draft of same and printer's proof of the proposed advertising or promotional materials to the Owner
for prior review and shall not publish or distribute same unless written approval of the materials is first
obtained.
7.2 Insurance and Indemnity
(a) Architect agrees that he has procured and will maintain during the term of this
Agreement, such insurance as will protect him from claims under workers' compensation acts, claims
for damages because of bodily injury including personal injury, sickness or disease or death of any of
his 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 (b).
(b) The minimum insurance coverage, which Architect shall obtain and keep in
force, is as follows:
(i) Workers' Compensation Insurance complying with statutory
requirements in Colorado and in any other state or states where the work is performed.
(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
Page 11 of 16
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.
(iii) Professional Liability Insurance in the amount of $2,000,000.00, and
with a deductible not exceeding $25,000.00.
(c) Architect agrees to hold harmless, defend and indemnify Owner from and
against any liability to third parties, arising out of negligent acts, errors or omissions of Architect, his
employees, subcontractors and consultants.
7.3 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 the Owner or the Architect 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 Owner, Attention: Dan Centa, Department of Public Works,
211E "D" Street, Pueblo, Colorado or to the Architect at William A Baker, 3773 Cherry Creek
North Drive Suite 1000 Denver, CO 80209 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.
7.4 Entire Agreement This instrument contains the entire agreement between the Owner
and the Architect respecting the Project, and any other written or oral agreement or representation
respecting the Project or the duties of either the Owner or the Architect in relation thereto not
expressly set forth in this instrument is null and void.
7.5 Successors and Assigns This Agreement shall be binding on the parties hereto and on
their partners, heirs, executors, administrators, successors, and assigns; provided, however, that
neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to the
Architect may be assigned by him without the written consent of the Owner. Architect understands
and agrees that City as Owner will may, at City's option, assign this Agreement to a Colorado
nonprofit corporation ( "Corporation ") for the purpose of funding construction of the Project. After
notice of any such assignment is given by City as Owner to Architect, Architect agrees that (i)
Corporation shall be and become the "Owner" hereunder and Architect will recognize Corporation as
such Owner, and (ii) City as Owner will be released and discharged from all future obligations and
liabilities as Owner hereunder.
7.6 Amendments No amendment to this Agreement shall be made nor be enforceable
unless made by written Amendment signed by an authorized representative of Architect and by
Owner's Director of Public Works.
7.7 Choice of Law This Agreement shall be governed and interpreted in accordance with
the laws of the State of Colorado.
Page 12 of 16
7.8 Equal Employment Opportunity In connection with the performance of this
Agreement, Architect shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, disability or age. Architect 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.
7.9 Severabilitv If any provision of this Agreement, except for Section 2.6, is detemilned
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 2.6 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.
7.10 Appropriations Subject to execution of this Agreement by the Director of Finance
certifying that a balance of appropriation exists and funds are available, the amount of money
appropriated for this Agreement is equal to or in excess of the maximum compensation payable
hereunder; provided, however, that if construction is phased and subject to annual appropriation,
funds only in the amount of initial appropriation are available and Architect shall confirm availability
of funds before proceeding with work exceeding initial and subsequent annual appropriations.
7.11 Additional Requirements on Federally Funded Contracts (Not Applicable) Ifany of
the work to be performed by Architect under this Agreement is funded in whole or in part with federal
funds, then this Agreement shall be construed to include all applicable terms required by the federal
assistance agreement and integrated federal regulations. By executing this Agreement, Architect
agrees to be bound by all such mandatory federal requirements, irrespective of Architect's actual
knowledge or lack of knowledge of such requirements prior to execution of this Agreement.
7.12 Access to Property Not Under Owner's Control Architect acknowledges that the
Project may require access to property not under the control of Owner at the time of execution ofthis
Agreement. Architect and Architect's employees and consultants shall, at Architect's expense, obtain
all additional necessary approvals and clearances required for access to such property. Owner shall
assist Architect in obtaining access to such property at reasonable times but make no warranty or
representation whatsoever regarding access to such property. Architect understands and agrees that
entry to properties not under Owner's control may require Architect to comply with the terms of
separate access agreements to be negotiated hereafter with owners of such property.
SECTION 8. DISPUTES
8.1 Any dispute or disagreement between Architect and Owner arising from or relating to
this Agreement or Architect's services or right to payment hereunder shall be determined and decided
by a Colorado Court of competent jurisdiction, located within Pueblo County, Colorado.
82 Pending resolution of any dispute or disagreement, or judicial review, Architect shall
Page 13 of 16
proceed diligently with performance of his work under this Agreement.
SECTION 9. APPENDICES
9.1 The following Appendices are attached to and made a part of this Agreement:
Appendix A - "Scope of Services" consisting of 2 pages.
Appendix B - "Fee Schedule" consisting of 1 page.
Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility"
consisting of 1 pages.
Appendix D - "PERA" Form — (signature required), consisting of 2 pages.
SECTION 10. OTHER TERMS AND CONDITIONS
10.1 With respect to facilities and work for which ADA accessibility regulations or
standards have been adopted, including but not limited to those set forth in the ADA Standards for
Accessible Design, 28 C.F.R. Part 36, Appendix A ( "Standards ") or the Uniform Federal
Accessibility Standards, 41 C.F.R. 101 -19.6, App. A ( "UFAS "), Consultant shall incorporate such
standards and regulations into its design.
10.2 To the extent permitted by law, and not withstanding any other provision of this
Agreement, the total liability, in the aggregate, of Consultant and Consultant's officers, directors,
employees, agents and subconsultants, and any of them, to Owner and anyone claiming by, through or
under the Owner, for any and all claims, losses, costs or damages of any nature whatsoever arising out
of, resulting from or in any way related to the professional negligence, professional errors or
omissions, strict liability, breach of contract or warranty, express or implied, of Consultant or
Consultant's officers, directors, employees, agents or sub - consultants, or any of them shall not exceed
the total amount of two million dollars ( $2,000,000 ).
SECTION 11. STATE - IMPOSED MANDATES PROHH3ITING ILLEGAL ALIENS
FROM PERFORMING WORK.
(a) Prior to or within ten (10) days of execution of this Agreement, Architect shall submit
to the Purchasing Agent of the Owner its certification that it does not knowingly employ or contract
with an illegal alien and that the Architect has participated or attempted to participate in the "Basic
Pilot Program" created in Public Law 208, 100 Congress, as amended and expanded in Public law
156, 108'" Congress, as amended, that is administered by the United States Department ofHomeland
Security in order to confirm the employment eligibility of all employees who are newly hired for
employment in the United States.
Page 14 of 16
(b) Architect shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this
contract;
(II) Enter into a contract with a subconsultant that fails to certify to Architect that
the subconsultant shall not knowingly employ or contract with an illegal alien to perform work
under this contract.
(c) The following state - imposed requirements apply to this contract
(I) The Architect 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 Architect is not accepted into the
Basic Pilot Program prior to entering into this contract, that the Architect shall apply to
participate in the Basic Pilot Program every three months until the Architect 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 Architect 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 Architect obtains actual knowledge that a sub - consultant performing
work under this contract knowingly employs or contracts with an illegal alien, the Architect
shall be required to:
A. Notify the sub - consultant and the Owner's Purchasing Agent within
three (3) days that the Architect 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)(IH)A. above the
sub - consultant does not stop employing or contracting with the illegal alien; except
that the Architect 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 Architect 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 11 by the Architect shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Architect shall be liable for Owner's
Page 15 of 16
actual and consequential damages.
(e) As used in this Section 11, the term "sub- consultant" shall mean any sub -
consultant or subcontractor of Architect rendering services within the scope of
this Agreement.
SECTION 12. PERA LIABILITY
The Architect shall reimburse the City for the full amount of any employer contribution
required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ")
for salary or other compensation paid to a PERA retiree performing contracted services for the City
under this Agreement. The Architect shall fill out the questionnaire attached as Appendix D 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
By
President of the City Council
_`-^L� 1
C ity 'W J
-
[ S E :L-] = --
Architect: The Durrant Group, Inc.
By
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE
AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
City A. ne '
Page 16 of 16
Pueblo Municipal Complex
APPENDIX 'A' —SCOPE OF SERVICES
Final Design, Construction Documents, Bidding and Construction Management Phases
February 25, 2008
Durrant and its Sub - Consultants will provide the following services in connection with the
new Municipal Complex Project:
1. Final Design Phase
The goal of this phase is to develop the selected Site Master Plan and Building
Design Schemes to greater specificity, in preparation for final bidding and
construction documentation.
Durrant will produce coordinated technical criteria, written descriptions and design
data for all aspects of the Project in this phase. Major elements including building
structure, mechanical, plumbing, fire protection, electrical, and telecommunications
systems are designed and coordinated through enlarged scale drawings, detailed
plans, elevations and sections. This documentation will include, at a minimum, the
final design criteria to be used for developing Construction Documents as well as
draft specifications for determination of construction materials and systems. The
documentation of this phase will include a detailed cost opinion by Durrant's
subconsultant, Preconstruction Services, Inc., to confirm conformance with the
Project Budget.
Also, the Site Master Plan and Building Designs will be analyzed for feasibility using
a Fatal Flaw Analysis methodology and a report with recommendations will be
provided to the City. A recommended Phasing Plan coordinated with the City's
stated funding schedule will also be developed and provided.
Documentation of the final, developed design will be provided and presented to the
City for review and approval.
2. Construction and Bidding Documentation Phase
The goal of this phase is to develop the Final Design documentation to the level of
final bidding and construction documentation as well as to assist the City in
obtaining bids for construction of the project.
Durrant will develop a coordinated suite of construction documents in accordance
with Section 2.4 of the Agreement, including but not limited to detailed drawings
and specifications suitable for bidding and construction of all designated elements of
the project scope. These documents of service will conform to the applicable codes
and regulations in force at the time of the project, including Building Codes, the Life
Safety Code, Uniform Fire Codes, ADAAG /ADA and other relevant codes as
designated by the City of Pueblo.
Intermediate review packages will be provided to the City at the 70% and 90%
completion stages of document preparation. The review comments of the City will
be incorporated into the documents before release for bidding.
Page 1 of 2
Pueblo Municipal Complex
APPENDIX °A' — SCOPE OF SERVICES
Final Design, Construction Documents, Bidding and Construction Management Phases
February 25, 2008
A detailed cost opinion by Durrant's subconsultant, Preconstruction Services, Inc.,
to confirm conformance with the Project Budget will be developed for each of these
two progress sets.
Durrant will assist the City in administering the bidding of the project by attending a
pre -bid conference, responding to bidders' questions via formal Addenda, reviewing
bids received and making recommendations to the City regarding the bids submitted.
3. Construction Management Phase
The goal of this phase is to assure that the construction of the Project proceeds
properly, in harmony with the Construction Documents and delivers to the City of
Pueblo a completed facility that meets their needs and expectations.
Durranes role in this phase is to provide the City with advice and recommendations
so as to protect the City's interests as well as oversee the closeout of the Project so
that it is ready for occupancy on schedule and within the budget parameters.
Durrant will provide services during the construction phase in accordance with
Section 2.5 of the Agreement, including but not limited to, attending construction
meetings, making on -site observations at regular intervals, providing written
documentation of these observations accompanied by photographs, reviewing shop
drawings and applications for payment, responding to the Contractor's requests for
information, preparing Change Orders and other construction phase documentation,
review construction closeout documentation and prepare record drawings per the
City of Pueblo Agreement for the Construction Phase.
The provision of this Appendix `A' are intended to supplement the Agreement and are not
to considered as a substitution for or modification of any provisions or the Agreement.
Durrant will incorporate into the project any necessary changes as a result of the City
conducting a third parry pier review of the preliminary plans, as agreed upon between the
City and Durrant.
Page 2 of 2
L " '
V ,
Pueblo Municipal Complex
APPENDIX `C' - IDENTIFICATION OF PERSONNEL
Final Design, Construction Documents, Bidding and Construction Management Phase:
24- Mar -08
FIRM - SUBCONTRACTOR
PERSONNEL
TASK RESPONSIBILITY
Prime Consultant:
The Durrant Group, Inc.
Bill Baker
Principal-in-Charge & Sr. Project Manager
Prime Consultant & Architecture
Hal Aavanq
Project Man a er
Scott Bohning
Programming and Design
Bob Ste mueller
Construction Administration
HGF Architects
James Gardner
Principal
Associate to Prime Consultant
Amy Hurti -Smith
Project Architect
Bob Hart
Project Architect & Constr. Admin.
Sub - Consultants:
AEP, Inc.
Jeff Bailey
Civil Engineerin
S. A. Miro, Inc.
Brad Buhler
Structural Engineerin
Troy Fornstrom
The Durrant Group, Inc.
Don Swanson
Mechanical Engineerin
Jeff Uhri
The Durrant Group, Inc.
Thom Flickinger
Electrical En ineerin
Thomas & Thomas
Parry Thomas
Landscape Architecture
John Olson
[Richard
The Durrant Group, Inc.
Richard Cotton
Information Technology &
Telecommunications
The Durrant Group, Inc.
Fairbourne
Securit
Cumming Corporation
Stefan Coca
Cost Estimatin
Page 1 of 1
Appendix D
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 ofany 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 1<7
(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
Address
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
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
Page 1 of 2
Appendix D
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 �j Z' , 20_05 .
&U�
NarricAUdiemA
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named
beneficiary or co- beneficiary 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