HomeMy WebLinkAbout11567RESOLUTION NO. 11567
A RESOLUTION APPROVING AGREEMENTS BETWEEN THE
SELECTED ARTISTS TO COMPLETE THE PUBLIC ARTWORK
FOR THE PUEBLO MUNICIPAL JUSTICE CENTER AND THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, on March 9, 2009, City Council approved the selected artwork by
Williams Studios, Shane and Kate Jarrett, John Wilbar, and Harkin Lucero per
Resolution No. 11548.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An Agreement between the City of Pueblo, a Municipal Corporation, and
Industrial Constructor / Managers, Inc. to provide two pieces of artwork, one by John
Wilbar and one by Harkin Lucero, a copy of which is attached hereto having been
approved as to form by the City Attorney, is hereby approved.
SFrTinN 9
An Agreement between the City of Pueblo, a Municipal Corporation, and the Ken
Williams Artist to provide two pieces of artwork, a copy of which is attached hereto
having been approved as to form by the City Attorney, is hereby approved.
SFrTin i
An Agreement between the City of Pueblo, a Municipal Corporation, and the
Shane and Kate Jarrett to provide two artistic benches, a copy of which is attached
hereto having been approved as to form by the City Attorney, is hereby approved.
SFrTinN 4
The President of City Council is hereby authorized to execute and deliver said
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 5.
Funding for the artwork will be provided from the Police Building Fund, Project
Number P130601.
INTRODUCED: April 13, 2009
BY: Randy Thurston
COUNCIL PERSON
APPR 0' } �-
PRESIDENTaf Cfty Council
A77TSTFD DY:
CITY CLERK
WHO SRI
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 6
DATE: APRIL 13, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING AGREEMENTS BETWEEN THE SELECTED ARTISTS
TO COMPLETE THE PUBLIC ARTWORK FOR THE PUEBLO MUNICIPAL JUSTICE
CENTER AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve agreements between the City and the selected artists to
provide artwork at the Pueblo Municipal Justice Center?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The City solicited Request for Proposals (RFP) from artists to provide artwork adjacent
to or on the new Pueblo Municipal Justice Center. On July 18, 2008, the City received
seven (7) art proposals from artists vying to provide the public artwork. On March 9,
2009, City Council approved the selected artwork by Williams Studios, Shane and Kate
Jarrett, John Wilbar, and Harkin Lucero per Resolution No. 11548 as outlined below:
• The Williams Studios — two (2) sculptured brick and tile artworks both known as
the "Bald Eagle" motifs located on both the south and west elevations of the
building at a total cost of $74,000.
• Shane and Kate Jarrett — two (2) sculptured benches located along the north
edge of the building within the streetscape at a total cost of $50,000.
• John Wilbar — one (1) 14' in height Cor -Ten sculpture located near the entrance
of the building at a cost of $28,000.
• Harkin Lucero — one (1) granite sculpture known as the "Sun" located at the
northeast corner of the "D" and Main Street intersection. The estimated cost was
$40,000, but due to shipping and material costs, the final agreement price will be
$49,362.
Burnie Zercher with ICM Industrial Constructors / Managers, Inc. will be entering into
the agreement with the City on behalf of the artists John Wilbar and Harkin Lucero. ICM
will also be doing the installation of the artwork at no costs.
FINANCIAL IMPACT
A $250,000 budget was established by City Council for the artwork ($230,000 for the
artist and their artwork; and $20,000 for the site preparation). Total amount for the
selected artwork is $201,362. An undetermined amount of additional funds will be
needed for site preparation. Staff will work with the architect and general contractor in
determining additional site improvements and expenses. Funding for the artwork will be
provided from the Police Building Fund, Project No. PB0601.
AGREEMENT FOR ARTISTIC SERVICES
THIS AGREEMENT is made and entered this 13` day of April, 2009 by and between Pueblo, a
Municipal Corporation, hereinafter referred to as the "Customer ", and Industrial Constructors 1 Managers, Inc.,
a Colorado Corporation, hereinafter referred to as the "Contractor."
In consideration of the payment for services as provided in Paragraph 6 of this Agreement and of the
representations, warranties and terms and conditions of this Agreement, the parties agree as follows:
Definitions As used herein,
(a) "City" shall mean the City of Pueblo, a Municipal Corporation.
(b) "Premises" shall mean the land and improvements located within the County of
Pueblo, State of Colorado located upon the Pueblo Municipal Justice Center project at a location specified by
Steven Meier, Principal Planner for the City of Pueblo.
(c) "Customers Representative" shall mean Steven Meier, Principal Planner for the City
of Pueblo, or his successor.
2. Services To Be Provided Contractor shall satisfactorily perform the artistic services and
provide the completed Artwork for the Premises, in conformance with City of Pueblo RFP ProjectNo. 08 -064,
Pueblo Municipal Justice Center Public Art dated June 23, 2008, and the responses thereto as set forth in
Exhibit "A" with respect to John Wilbar and Exhibit "B" with respect to Harkin Lucero, attached hereto and
incorporated herein by reference (the "Basic Services "). Contractor agrees to subcontract with artists John
Wilbur and Harkin Lucero to perform and provide the artistic works. Such services shall include performance
of all work and the furnishing of all labor, design services, personnel, equipment, installation, off -site
production, tools and materials required for or incident to providing such services and finished art works
( "Artwork ") complete in every respect.
3. Independent Contractor Contractor performs its functions under this Agreement as an
independent contractor, and nothing in this Agreement is intended, nor shall it be construed, to make
Contractor or any of Contractor's agents or employees the agents or employees of Customer. Contractor shall
be solely and entirely responsible for its acts and the acts of its subcontractors, agents and employees.
Contractor shall be responsible, in accordance with applicable law, to Customer for all loss or damage to
Customer caused by Contractor's breach of this Agreement or negligent act or omission, including any such
breach, act or omission by Contractor's employees. Contractor shall be completely responsible for the safety of
Contractor's employees in the performance of work under this Agreement and shall provide all necessary safety
and protective equipment and training for such employees. Contractor shall be solely responsible for payment
of all wages to its employees, and for all withholding and payroll taxes associated with same. Contractor shall
be responsible to comply with all ASHTO safety standards. Contractor shall coordinate all on -site activities
when on Premises with the Customers Representative and the General Contractor of the Pueblo Municipal
Justice Center, Nunn Construction. Prior to beginning work on Premises, Contractor shall have an initial
meeting with Nunn Construction.
4. Licenses
(a) Contractor warrants that it possesses and will maintain in good standing all licenses and
permits required by law to conduct or engage in the activities contemplated by this Agreement, including but
not limited to any service business and tax licenses issued by the City for all of Contractor's activities
performing work upon the Premises.
(b) Upon completion of the Basic Services and Artwork and final payment by the
Customer therefore, Contractor relinquishes all rights of ownership therein, including but not limited to any
copyright, trademark, service mark or intellectual property right of any other kind whatsoever.
5. Additional Services Before undertaking any work or providing any services which Contractor
considers beyond or in addition to the Basic Services described in Exhibit "A" or otherwise contemplated by
the terms of this Agreement, Contractor shall advise Customer in writing that (i) Contractor considers the work
beyond the scope of this Agreement, (ii) the reasons that Contractor believes the out of scope or additional
work should be performed, and (iii) a reasonable estimate of the cost of such work. Contractor shall not
proceed with such out of scope or additional work until authorized in writing by Customer. The compensation
for any such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to
agree as to compensation, then Contractor shall be compensated for its direct costs and time at the rate of
$25.00 per hour.
6. Compensation
(a) Customer will pay Contractor for all Basic Services and the Artwork the maximum
lump sums set forth in Exhibits "A" and "B, as full compensation for all product furnished and services
performed by Contractor under this Agreement, except for services for additional work or work beyond the
scope ofthis Agreement. Partial periodic payments may be requested not more frequently than monthly, and
upon approval by Customer's representative, will be made based upon the percentage of work complete and in
place as determined by Customer's representative; provided, however that Contractor may also request partial
payment for specially ordered materials and work in process which are suitably and securely stored on or off
site, in an amount not to exceed 50% of the value of the completed Artwork or portion thereof. In order to
avail itself of partial payment for specially ordered materials and work in process, Contractor shall submit to
Customer, and obtain Customer's approval of, a schedule of values for all labor, equipment and materials to be
furnished for or in connection with the work, which schedule shall aggregate to not more than the lump sum
contract price.
(b) All applications for payment shall contain appropriate records and other
documentation that such services have been performed and the amount of product delivered and incorporated
into the Artwork or, in the discretion of Customers representative, suitably and securely stored on site.
Thereafter, Customer will pay Contractor for the amount of the application approved by Customers
representative within 40 days of the date such application is received; provided, however, that final payment
hereunder shall not be made until after the date of final settlement and in accordance with the provisions of38-
26 -107, C.R.S.
(c) No separate or additional payment shall be made to Contractor for profit or overhead,
nor for any unanticipated expenses.
(d) Compensation for authorized work beyond the scope of this Agreement shall be
governed by the provisions of paragraph 5.
7. Project Completion The Work shall be fully installed and completed at the Premises not later
than February 28, 2010.
8. Termination
(a) Customer shall have the right to terminate this Agreement, and Contractor's
performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such
termination, Contractor shall cease all work and stop incurring expenses, if any.
Page 2 of 8
(b) Upon termination of this Agreement for events or reasons not the fault of Contractor,
Contractor shall be paid at the rates specified in this Agreement for all services rendered and expenses, if any,
incurred prior to date of termination.
(c) In the event termination ofthis Agreement or Contractor's services is for breach ofthis
Agreement by Contractor, or for other fault of Contractor including but not limited to any failure to timely
proceed with work, or to pay its employees, or to perform work according to the highest standards governing
such work, or to perform work in a manner deemed satisfactory by Customers Representative, orto deliverthe
Artwork, then in that event, Contractor's entire right to compensation shall be limited to the lesser of the
contract price or the reasonable value to Customer of work performed , if any.
(d) Contractor's responsibility for its work and services, and its obligations under
paragraph 9 of this Agreement, shall survive any termination.
9. Insurance and Indemnitv
The Contractor shall not commence work under this Agreement until obtaining, at Contractor's expense and
without cost to the City, all insurance required under this paragraph and such insurance have been approved by
the Corporation, nor shall the Contractor allow any subcontractor to commence work under a sub - contract until
all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall
maintain such insurance until the final acceptance by the City of all Artwork covered by This Agreement.
(a) Commercial General Liability ( "CGL ") — The Contractor shall secure and maintain
during the period of this Agreement and for such additional time as work on the project is being performed,
Commercial General Liability Insurance .(or approved equal) issued to and covering the liability of the
Contractor with respect to all work performed by the Contractor and insurance shall be written in amounts not
less than $600,000 for each occurrence and aggregate for personal injury including death and bodily injury and
$600,000 for each occurrence and aggregate for property damage. This policy of insurance shall name the
Customer, General Contractor — Nunn Construction, and Architect - Durant, and their respective agents,
officers and employers, as additional named insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards, underground property damage hazard,
blanket contractual coverage, as well as City's and Contractor's Protective Liability (OCP) coverage. The
policy shall also provide coverage for contractual liability assumed by Contractor under the provisions this
Agreement, and "Completed Operations and Projects Liability" coverage.
(b) Comprehensive Automobile Liability Insurance — The Contractor shall procure and
maintain during the period of this Agreement and for such additional time as work on the project is being
performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of
liability for and injury to one person in any occurrence of not less than $150,000 and for any injury to two or
more persons in any single occurrences of not less than $600,000. This insurance shall include
uninsured/underinsured motorist coverage and shall protect the Contractor from any and all claims arising from
the use both on and off the site of the project of automobiles, trucks, tractors, backhoes and similar equipment
whether owned, leased, hired or used by the Artist.
(c) Worker's Compensation Insurance — If necessary, the Contractor shall procure and
maintain during the period of this Agreement and for such additional time as work on this project is being
performed. Workers' Compensation Insurance, including Occupational Disease Provisions, fully complying
with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance
Page 3 of 8
shall be obtained notwithstanding that Contractor may have no employees as defined under said Act or that
Contractor might otherwise avail itself of an exemption under the Act from any legal requirement to obtain
such coverage. Such insurance shall cover all employees of Contractor performing work on the project
irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or
exempt employees under this Act.
(d) The CGL policy shall contain any necessary endorsements to insure Contractor's
contractual obligation to hold harmless, defend and indemnify Customer, General Contractor — Nunn
Construction, and Architect - Durrant from and against any liability to third parties, arising out of negligent
acts or omissions of Contractor, its agents and employees.
10. Assignability This Agreement shall not be assigned or transferred by either party without the
prior written consent of the other party. Any assignment or attempted assignment made in violation of this
provision shall, at the non - assigning party's election, be deemed void and of no effect whatsoever.
11. Equal Employment Opportunity In connection with the performance of this Agreement,
Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, national origin, disability or age. Contractor shall endeavor to insure that applicants are
employed, and that employees are treated during employment, without regard to their race, religion, sex,
national origin, disability or age.
12. WarrantV. Contractor warrants the Artwork and all work, materials and product furnished
hereunder against failure, deterioration due to weather, or other defect attributable to materials, fabrication or
installation, for a period of two years from the date of final payment.
13. 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 Contractor or Customer 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 Customer. Attention: Steven Meier, 211 E. `D' Street, Pueblo, Colorado or to the
Contractor at: Burnie Zercher, Industrial Construction / Managers, Inc., PO Box 13, Pueblo, Colorado 81002
Either party may change its 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 Agreement, the REP and the Exhibits "A ", "B" and "C"
attached hereto contain the entire agreement between Contractor and Customer respecting the work to be
performed by Contractor, and any other written or oral agreement or representation respecting such work or the
duties of either Customer or Contractor in relation thereto not expressly set forth in this instrument and its
Exhibits 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 Contractor may be assigned by it without the written consent of
Customer.
(d) Amendments No amendment to this Agreement shall be made nor be enforceable
unless made by written amendment signed by an authorized representative of Contractor and by Customer.
Page 4 of 8
(e) Choice of Law This Agreement shall be governed by 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) Premises Conditions In the performance of all services under this Agreement,
Contractor shall strictly observe all rules, regulations and other requirements of City and the Harp Authority
with respect to the Premises, regardless` of whether same are imposed by lease or other agreement, or by
ordinances or resolutions of City, or by regulations adopted by City's Department of Public Works.
(g) Severabilitv If any provision of this Agreement is determined to be directly contrary
to and prohibited by law or the requirements of any federal grant or other funding source for this Agreement,
then such provision shall be deemed void and the remainder of the Agreement enforced.
(h) Signatures The persons signing this Agreement on behalf of each party represent and
warrant that such persons and their respective party have the requisite power and authority to enter into,
execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of such
party enforceable against it in accordance with its terms.
(i) Joint and Several Responsibility Each of the individuals, which together constitute
Contractor, shall be individually, jointly and severally liable for the performance of Contractor under this
Agreement.
14. State - Imposed Mandates Prohibiting Illegal Aliens From Performing Work.
(a) Prior to or within ten (10) days of execution of this Agreement, Contractor 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, 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 orderto
confirm the employment eligibility of all employees who are newly hired for employment in the United States.
(b) Contractor 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 Contractor
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 Contractor 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.
(11) The Contractor 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 Contractor obtains actual knowledge that a sub - consultant performing
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work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be
required to:
A. Notify the sub - consultant and the Owner's Purchasing Agent within three (3)
days that the Contractor 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 Contractor 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 Contractor 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) V iolation of this Section I 1 by the Contractor shal I constitute a breach of contract and
grounds for termination. In the event of such termination, the Architect shall be liable for Owner's actual and
consequential damages.
(e) As used in this Section 11, the term "sub- consultant" shall mean any sub - consultant
or subcontractor of Contractor rendering services within the scope of this Agreement.
15. PERA Liability. The Contractor shall reimburse the City for the full amount of any employer
contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association
( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City
under this Agreement. The Contractor shall fill out the questionnaire attached as Exhibit "C" and submit the
completed form to City as part of the signed Agreement.
16. Sole source government contracts, Limitations upon campaign contributions
(a) Section 15 of Article XXVIII of the Colorado Constitution is hereby incorporated into this
agreement by reference. Sections 15 and 17 of Article XXVIII of the Colorado Constitution provide as
follows:
Section 15: Because of presumption of impropriety between contributions to any campaign
and sole source government contracts, contract holders shall contractually agree, for the duration of the
contract and for two years thereafter, to cease making, causing to be made, or inducing by any means,
a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her
immediate fami ly member and for the benefit of any political party or for the benefit of any candidate
for any elected office of the state or any of its political subdivisions.
Section 17: (1) Every sole source government contract by the state or any of its political
subdivisions shall incorporate article XXVIII, section 15, into the contract. Any person who
intentionally accepts contributions on behalf of a candidate committee, political committee, small
donor committee, political party, or other entity, in violation of section 15 has engaged in corrupt
misconduct and shall pay restitution to the general treasury of the contracting governmental entity to
compensate the governmental entity for all costs and expenses associated with the breach, including
costs and losses involved in securing a new contract if that becomes necessary. If person responsible
Page 6 of 8
for the bookkeeping of any entity that has a sole source contract with a governmental entity, or if a
person acting on behalf of the governmental entity, obtains knowledge of a contribution made or
accepted in violation of section 15, and that person intentionally fails to notify the secretary of state or
appropriate government officer about the violation in writing within ten business days of learning of
such contribution, then that person may be contractually liable in an amount up to the above
restitution.
(2) Any person who makes or causes to be made any contribution intended to promote or
influence the result of an election on a ballot issue shall not be qualified to enter into a sole source
government contract relating to that particular ballot issue.
(3) The parties shall agree that if a contract holder intentionally violates section 15 of
section 17(2), as contractual damages that contract holder shall be ineligible to hold any sole source
government contract, or public employment with the state or any of its political subdivisions, for three
years. The governor may temporarily suspend any remedy under this section during a declared state of
emergency.
(4) Knowing violation of section 15 or section 17(2) by an elected or appointed official is
grounds for removal from office and disqualification to hold any office of honor, trust or profit in the
state, and shall constitute misconduct or malfeasance.
(5) A registered voter of the state may enforce section 15 or section 17(2) by filing a
complaint for injunctive or declaratory relief or for civil damages and remedies, if appropriate, in the
district court.
(b) This section applies only to sole source government contracts and does not apply to any
contract, which used a public and competitive bidding process in which the City solicited at least three bids prior
to awarding the contract.
(c) Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado
Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations:
1. If during the term ofthe contract, contractor holds sole source government contracts
with the State of Colorado and any of its political subdivisions cumulatively totaling more than
$100,000 in a calendar year, then for the duration of this contract and for two years after,
contractor will not make, cause to be made, or induce by any means a contribution, directly or
indirectly, on behalf of contractor or contractor's immediate family member(s) for the benefit of any
political party or for the benefit of any candidate any elected office of the State or any of its
political subdivisions; and
2. Contractor represents that contractor has not previously made or caused to be made,
and will not in the future make or cause to be made, any contribution intended to promote or influence
the result of a ballot issue election related to the subject matter of this contract; and
3. Contractor will satisfy contractor's obligations to promptly report to the Colorado
Department of Personnel & Administration ( "CDPA ") information included in the CDPA's "Sole
Source Government Contract Summary" and "Contract Holder Information" forms regarding this
contract and any other sole source government contracts to which contractor is a party, and shall
contemporaneously provide a copy of such report(s) to City's Purchasing Agent; and
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4. Contractor understands that any breach of this section or of Contractor's
responsibilities under Colorado Constitution Article XXVIII may result in either contractual or
constitutionally mandated penalties and remedies; and
5. A Contractor that intentionally violates Colorado Constitution Article XXVIII,
Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public
employment with the state or any of its political subdivisions for three years; and
6. By execution of this contract, Contractor hereby confirms it is qualified and eligible
under such provisions to enter into this contract.
(d) For purposes of this section, the term "contractor" shall include persons that control ten
percent or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. The
term "immediate family member" shall ,include a spouse, child, spouse's child, son -in -law, daughter -in -law,
parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent -in -law, brother -in -law,
sister -in -law, aunt, niece, nephew, guardian, or domestic partner. All other terms and phrases used in this
section shall have the meanings defined in Article XXVIII of the Colorado Constitution.
(e) In the event any provision of Article XXVIII of the Colorado Constitution is held to be
unconstitutional or otherwise invalid by a court of competent jurisdiction in a non - appealable action, has been
repealed retroactively or otherwise found to not apply to this contract or agreement, then the corresponding
requirement or requirements of this section shall have no further force and effect, and shall not constitute a
requirement of this contract, as of the date of such holding, declaration, repeal or determination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
ATTEST: .
City C c-
FUNDS ARE AVAILABLE:
Director of Finance
APPROVED AS TO FORM:
City Attornay
CUSTOMER:
CITY OF PUEBLO,
a Municipal Corporation
By Ae-`
President of the City Council
Page 8 of 8
CONTRACTOR:
EXHIBIT A
102 aW*Rd
Ph (M S45 Om
Ind&%&W Consftdm / ManaR m Inc
March 30, 2009
City of Pueblo
Steven Meier
211 E. D Street
Pueblo, Colorado 81003
Re: Justice Plaza Art Work, John Wilbar
Dear Mr. Meier,
We are pleased to present the following proposal for your consideration
ICM will provide the corten steel sculpture by John Wilbar, and it's installation. For the
lump sum of $28,000. This proposal includes the terms and conditions set forth in City
of Pueblo RFP 08 -064.
We will coordinate the on -site work and the actual installation with your general
contractor, Nunn Construction.
This art work will be ready for installation six months from date of order.
Payment terms to be in accordance with the City of Pueblo standard policy for payment
of contractors. We would ask that progress payments be allowed as the fabrication
progresses.
We look forward to working with you on this project
PROJECT NO. 08 -064
PROJECT NAME: Pueblo Municipal Justice Center - Public Art
John Wilbar
222 west Abriendo
Pueblo, Colorado
542 -1370
EXHIBIT
Addendum to Project: The addendum sculpture is fourteen feet high, eight feet wide, and six feet in
depth. This sculpture is constructed of cor -ten steel on a stainless steel base.
Proposed artwork: A sculpture relating the strength and weight of industrial mass with graceful line.
Cost; I estimate the cost to manufacture the sculpture to be approximately $28,000.
Time: The sculpture can be built in Pueblo. Manufacture would take approximately twelve weeks.
Location: The entrance at the corner of "D" street and Main Street.
Front Elevation
Side Elevation
EXHIBIT B
u aAffol
R"COM
Ph CM564M
/nd=&W Comf dons
March 30, 2009
City of Pueblo
Steven Meier
211 E. D Street
Pueblo, Colorado 81003
Re: Justice Plaza Art Work, Harkin Luccero
Dear Mr. Meier,
We are pleased to present the following proposal for your consideration
lCM will provide the granite sculpture entitled " Sun" by Harkin Luccero, and it's
installation and foundations for the lump sum of $49,362. This proposal includes the
terms and conditions set forth in City of Pueblo RFP 08 -064.
We will coordinate the on -site work and the actual installation with your general
contractor, Nunn Construction.
This art work will be ready for installation six months from date of order.
Payment terms to be in accordance with the City of Pueblo standard policy for payment
of contractors with the following exception: We are requesting permission to submit the
first invoice for 50% ($24,681) of the total upon placement of order. Payment due within
30 days. A lump sum payment of $10,000 to be invoiced upon receipt of stone. The
balance of the contract would be billed upon completion of the project.
We look forward to working with you on this project.
Res tfully
tim ercher
Pr5sident
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Exhibit C
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
(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
1 4 .
Exhibit C
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
20
It
Name:
Title:
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
AGREEMENT FOR ARTISTIC SERVICES
THIS AGREEMENT is made and entered this 13` day of April, 2009 by and between Pueblo, a
Municipal Corporation, hereinafter referred to as the "Customer ", and Ken Williams Artist, a Sole
Proprietorship, hereinafter referred to as the "Contractor."
In consideration of the payment for services as provided in Paragraph 6 of this Agreement and of the
representations, warranties and terms and conditions of this Agreement, the parties agree as follows:
Definitions As used herein,
(a) "City" shall mean the City of Pueblo, a Municipal Corporation.
(b) "Premises" shall mean the land and improvements located within the County of
Pueblo, State of Colorado located upon the Pueblo Municipal Justice Center project at a location specified by
Steven Meier, Principal Planner for the City of Pueblo.
(c) "Customers Representative" shall mean Steven Meier, Principal Planner for the City
of Pueblo, or his successor.
2. Services To Be Provided Contractor shall satisfactorily perform the artistic services and
provide the completed Artwork for the Premises, in conformance with City of Pueblo RFP Project No. 08-
064, Pueblo Municipal Justice Center Public An dated June 23, 2008, and the responses thereto as set forth in
Exhibit "A ", attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall
include performance of all work and the furnishing of all labor, design services, personnel, equipment,
installation, oft -site production, tools and materials required for or incident to providing such services and
finished art works ( "Artwork ") complete in every respect.
3. Independent Contractor Contractor performs its functions under this Agreement as an
independent contractor, and nothing in this Agreement is intended, nor shall it be construed, to make
Contractor or any of Contractor's agents or employees the agents or employees of Customer. Contractor shall
be solely and entirely responsible for its acts and the acts of its subcontractors, agents and employees.
Contractor shall be responsible, in accordance with applicable law, to Customer for all loss or damage to
Customer caused by Contractor's breach of this Agreement or negligent act or omission, including any such
breach, actor omission by Contractor's employees. Contractor shall be completely responsible for the safety of
Contractor's employees in the performance of work under this Agreement and shall provide all necessary safety
and protective equipment and training for such employees. Contractor shall be solely responsible for payment
of all wages to its employees, and for all withholding and payroll taxes associated with same. Contractor shall
be responsible to comply with all ASHTO safety standards. Contractor shall coordinate all on -site activities
when on Premises with the Customers Representative and the General Contractor of the Pueblo Municipal
Justice Center, Nunn Construction. Prior to beginning work on Premises, Contractor shall have an initial
meeting with Nunn Construction.
Licenses
(a) Contractor warrants that it possesses and will maintain in good standing all licenses and
permits required by law to conduct or engage in the activities contemplated by this Agreement, including but
not limited to any service business and tax licenses issued by the City for all of Contractors activities
performing work upon the Premises.
(b) Upon completion of the Basic Services and Artwork and final payment by the
Customer therefore, Contractor relinquishes all rights of ownership therein, including but not limited to any
copyright, trademark, service mark or intellectual property right of any other kind whatsoever.
Additional Services Before undertaking any work or providing any services which Contractor
appropriate government officer about the violation in writing within ten business days of learning of
such contribution, then that person may be contractually liable in an amount up to the above
restitution.
(2) Any person who makes or causes to be made any contribution intended to promote or
influence the result of an election on a ballot issue shall not be qualified to enter into a sole source
government contract relating to that particular ballot issue.
(3) The parties shall agree that if a contract holder intentionally violates section 15 of
section 17(2), as contractual damages that contract holder shall be ineligible to hold any sole source
government contract, or public employment with the state or any of its political subdivisions, forthree
years. The governor may temporarily suspend any remedy under this section during a declared state of
emergency.
(4) Knowing violation of section 15 or section 17(2) by an elected or appointed official is
grounds for removal from office and disqualification to hold any office of honor, trust or profit in the
state, and shall constitute misconduct or malfeasance.
(5) A registered voter of the state may enforce section 15 or section 17(2) by filing a
complaint for injunctive or declaratory relief or for civil damages and remedies, if appropriate, in the
district court.
(b) This section applies only to sole source government contracts and does not apply to any
contract, which used a public and competitive bidding process in which the City solicited at least three bids prior
to awarding the contract.
(c) Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado
Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations:
1. If during the term of the contract, contractor holds sole source government contracts
with the State of Colorado and any of its political subdivisions cumulatively totaling more than
$100,000 in a calendar year, then for the duration of this contract and for two years after,
contractor will not make, cause to be made, or induce by any means a contribution, directly or
indirectly, on behalf of contractor or contractor's immediate family member(s) for the benefit of any
political party or for the benefit of any candidate any elected office of the State or any of its
political subdivisions; and
2. Contractor represents that contractor has not previously made or caused to be made,
and will not in the future make or cause to be made, any contribution intended to promote or influence
the result of a ballot issue election related to the subject matter of this contract; and
3. Contractor will satisfy contractor's obligations to promptly report to the Colorado
Department of Personnel & Administration ( "CDPA ") information included in the CDPA's "Sole
Source Government Contract Summary" and "Contract Holder Information" forms regarding this
contract and any other sole source government contracts to which contractor is a party, and shall
contemporaneously provide a copy of such report(s) to City's Purchasing Agent; and
4. Contractor understands that any breach of this section or of Contractor's
responsibilities under Colorado Constitution Article XXVIII may result in either contractual or
constitutionally mandated penalties and remedies; and
Page 7 of 8
EXHIBIT A
Pueblo Municipal Justice Center — Public Art (Project #08 -064)
Ken Williams
Judith Williams
Gwyn Williams
Project Description — Our proposal for the Pueblo Judicial Building Public Art Project
complements the sense of permanence, respect and civic duty reflected in the proposed
architecture, while also offering inspiring expressions of artistry and the uniqueness of the
Southern Colorado region.
The three relief sculptures on the upper sides of the building each feature various portrayals of
eagles for a number of reasons. First, the Bald Eagle is a well -known symbol of American
democracy and freedom, embracing a sense of patriotism and history that transcends generations,
ethnicity or socioeconomic status. We want the work we present for this project to be something
that cannot easily be dated to a particular time period. Art like this should stand for something
bigger, and should draw people together.
For the eye level areas along the building, we have developed an abstract series of tile designs
that reflects our expression, as well as a stylized "Stars and Stripes" theme. This concept would
be developed to uniquely fit each specific eye level area, creating a very dynamic, personal feel to
the piece, while also being held together by the symbolic nod to our nation's flag.
The free - standing sculpture presents what could be one of the most dramatic artistic statements in
Pueblo. Standing at approximately 20 feet tall, the structure will be composed of two types of
brick, to match that used in the building itself, along with a four -inch thick slab of granite placed
along the perimeter of the brick. To the side is a stainless steel and glazed brick component that is
as delicate and inspiring as the other portion is boldly dramatic. The materials that we have
chosen for this piece complement the architecture of the Pueblo Municipal Justice Center. In
addition to being a building material, brick is an expressive sculptural medium and is admired for
its warmth and human scale.
A judicial building can represent a wide array of powerful emotions for people, some of which
are positive, some negative. This piece communicates to those who pass by that this institution is
a place of hope and of new beginnings.
Family History - We began a collaborative career in the arts in 1969 and have since turned our
passion into a thriving family business. Our focus on ceramic began in college and became our
lifetime pursuit when we established our studio in 1970. We soon had our first opportunity to
create a brick sculpture.
We were very excited about the possibilities, we were drawn to the versatility and expressive
potential of the material, and we realized that imagination was the only limitation to the
possibilities.
Four decades of work within this medium, working closely with Summit Brick Company, has
given us rich insight into the many benefits of ceramic brickwork. We like the challenge of
integrating our work with the man-made and natural world. We see our work as a link between
those two. We've always been intrigued by how our personal expression is shaped by the
requirements and processes involved in creating a public art piece.
Incorporating local elements - The nature of the material (modular units of moist clay) allows
us to create both large forms and very intricate details. We consider ceramics, often neglected, a
beautiful medium that can be combined with other materials such as stone, metal, concrete, glass
and many others. Often, these other elements already exist at the site where our work will be
installed, so sometimes we incorporate these other materials into our designs, adopting the local
topography and natural character right into our own work.
For this project, there are many layers of local significance interwoven throughout the proposed
artwork. Not only is the brick used in the pieces created, sculpted and fired at the local Summit
Brick Company, but it also matches the brickwork in the building itself, creating a seamless
continuity between architecture and fine art. As eagles are symbols of national pride, they also are
well -known local residents in the area, which reflects the value we place on incorporating natural
habitats and wildlife into this work. Finally, with more than four decades of experience in
creating public and private commissions from our studios in Pueblo, many of these works have
become synonymous with Pueblo culture.
Dramatic Depth — For the Bald Eagle sculptures our method will involve carving clay brick
units with a bed depth of 12 ", which allows for 8" of raised relief. For the Stars and Stripe
sculptured tile the units will have a 12" by 12" face and 4" thick. This creates dramatic moods
with the light and shadows, adding signature texture and complexity to the piece.
Adaptable Size - The employment of modular units allows the sculptures to be installed easily,
ranging from simple designs to expansive wall -size mural projects.
Flexible Location - Sculpted brick and tile designs can be installed in walls, embedded into
pavement, made freestanding, turned into fountains and many other configurations. These brick
and tile relief sculptures will enhance the architectural statement of a structure, both by defining
the character of a space and establishing focal points. The sculpture will emphasize the power of
the existing architectural design.
Color — We will incorporate natural clay colors to match building brick, with fired on coating and
glazes to add contrast and drama to our artistic composition.
Durability — Our materials are as durable as the surface of the building itself.
We are experienced working closely with architects, engineers and designers so that important
elements like natural light; existing structures, pedestrian movement and other characteristics of
this site will be considered in further developing our concept that is unique and appropriate for
the Justice Center.
Pueblo Municipal Justice Center — Public Art (Project #08 -064)
Ken Williams
Judith Williams
Gwyn Williams
Work Plan
All of the pieces proposed for the judicial building itself are well within the installation
experience of our studio and those with whom we work. In addition to Ken, Judith and
Gwyn Williams, whose credentials are outlined in detail in the enclosed resumes, the
following local artists may be called on to assist with installation, depending on the
specific projects requested and the number of projects produced simultaneously.
Brooke Williams is the Director of Development at Williams Studio with more
than eight years of experience in staff and project management. Brooke's primary
responsibilities are to ensure that the appropriate personnel and supplies are on
hand for the most efficient installation possible, and to help keep the projects on
schedule and within the budget.
D Shane Jarrett is an Artist in Residence at Sangre de Cristo Arts Center and has
more than a decade of experience with ceramics, including public installations.
Mr. Jarrett assists the Williams Studio with a number of large -scale commissions.
➢ Vicente Martinez -Ortega is a recent graduate of the Fine Arts program at CSU-
Pueblo, and has one year of graduate -level experience. Martinez -Ortega
apprentices with the Williams Studio and has worked with us on three major
projects over the last year.
Alison Musso is the owner of Williams Gallery in East Pueblo County, and is one
of four Williams daughters who has worked in the family studio for more than
fifteen years. Ms. Musso assists with the creation, glazing and installation of a
number of large projects, including the recent piece placed at the Lowe's store on
South Pueblo Boulevard.
All pieces are made of highly durable materials that require little maintenance beyond
basic cleaning. Glazes are selected not only for their colors, but also for their longevity,
resistant to fading, even when exposed to the harshest of natural elements.
With regard to the free- standing sculpture, Williams Studio will work with Al Link, a
local engineer, to create an engineered foundation and structure that will assure structural
integrity and safety.
Only the best materials and professional construction techniques will be utilized. And all
created sculptured clay work will be done at our studio located at Summit Brick CO.
Please see the provided sketches, reliefs and models for a detailed illustration of our
vision for Pueblo's new Judicial Building project.
See photo representation board for experience in similar construction projects.
Insurance
We have the required insurances and will provide proof upon request.
Time Frame
From our past experiences we know that we can easily complete all of the studio work we
proposed by December 2009
Bum
Including Installation Cost
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* #2- West Elevation Brick Sculpture - Bald Eagle motif: $37,000.00
#3- South Elevation Brick Sculpture -Bald Eagle motif: $37,000.00
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Exhibit B
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 parry 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
(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 parry? 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
Social Security Number
Name
Address
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
Exhibit B
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
20
LO
Title:
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
5. A Contractor that intentionally violates Colorado Constitution Article XXVIII,
Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public
employment with the state or any of its political subdivisions for three years; and
6. By execution of this contract, Contractor hereby confirms it is qualified and eligible
under such provisions to enter into this contract.
(d) For purposes of this section, the term "contractor' shall include persons that control ten
percent or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. The
term "immediate family member" shall include a spouse, child, spouse's child, son -in -law, daughter -in -law,
parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent -in -law, brother -in -law,
sister -in -law, aunt, niece, nephew, guardian, or domestic partner. All other terms and phrases used in this
section shall have the meanings defined in Article XXVIII of the Colorado Constitution.
(e) In the event any provision of Article XXVIII of the Colorado Constitution is held to be
unconstitutional or otherwise invalid by a court of competent jurisdiction in a non - appealable action, has been
repealed retroactively or otherwise found to not apply to this contract or agreement, then the corresponding
requirement or requirements of this section shall have no further force and effect, and shall not constitute a
requirement of this contract, as of the date of such holding, declaration, repeal or determination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
ATTEST:
City rk
CUSTOMER:
CITY OF PUEBLO,
a Municipal Corporation
By !/),Gt'c/
President of the City Council
CONTRACTOR:
FUNDS ARE AVAILABLE:
Director of Finance
APPROVED AS TO FORM:
City Attorney .
Ken Williams Artist
Ke Williat s, Owner
Page 8 of 8
AGREEMENT FOR ARTISTIC SERVICES
THIS AGREEMENT is made and entered this 13`" day of April, 2009 by and between Pueblo, a
Municipal Corporation, hereinafter referred to as the "Customer ", and Jarrett Pottery, a Sole Proprietorship,
hereinafter referred to as the "Contractor."
In consideration of the payment for services as provided in Paragraph 6 of this Agreement and of the
representations, warranties and terms and conditions of this Agreement, the parties agree as follows:
Definitions As used herein,
(a) "City" shall mean the City of Pueblo, a Municipal Corporation.
(b) "Premises" shall mean the land and improvements located within the County of
Pueblo, State of Colorado located upon the Pueblo Municipal Justice Center project at a location specified by
Steven Meier, Principal Planner for the City of Pueblo.
(c) "Customers Representative" shall mean Steven Meier, Principal Planner for the City
of Pueblo, or his successor.
2. Services To Be Provided Contractor shall satisfactorily perform the artistic services and
provide the completed Artwork for the Premises, in conformance with City of Pueblo REP Project No. 08-
064, Pueblo Municipal Justice Center Public Art dated June 23, 2008, and the responses thereto as set forth in
Exhibit "A ", attached hereto and incorporated herein by reference (the "Basic Services "). Such services shall
include performance of all work and the furnishing of all labor, design services, personnel, equipment,
installation, off -site production, tools and materials required for or incident to providing such services and
finished art works ( "Artwork ") complete in every respect.
3. Independent Contractor Contractor performs its functions under this Agreement as an
independent contractor, and nothing in this Agreement is intended, nor shall it be construed, to make
Contractor or any of Contractor's agents or employees the agents or employees of Customer. Contractor shall
be solely and entirely responsible for its acts and the acts of its subcontractors, agents and employees.
Contractor shall be responsible, in accordance with applicable law, to Customer for all loss or damage to
Customer caused by Contractor's breach of this Agreement or negligent act or omission, including any such
breach, actor omission by Contractor's employees. Contractor shall be completely responsible for the safety of
Contractor's employees in the performance of work under this Agreement and shall provide all necessary safety
and protective equipment and training for such employees. Contractor shall be solely responsible for payment
of all wages to its employees, and for all withholding and payroll taxes associated with same. Contractor shall
be responsible to comply with all ASHTO safety standards. Contractor shall coordinate all on -site activities
when on Premises with the Customers Representative and the General Contractor of the Pueblo Municipal
Justice Center, Nunn Construction. Prior to beginning work on Premises, Contractor shall have an initial
meeting with Nunn Construction.
4. Licenses
(a) Contractor warrants that it possesses and will maintain in good standing all licenses and
permits required by law to conduct or engage in the activities contemplated by this Agreement, including but
not limited to any service business and tax licenses issued by the City for all of Contractor's activities
performing work upon the Premises.
(b) Upon completion of the Basic Services and Artwork and final payment by the
Customer therefore, Contractor relinquishes all rights of ownership therein, including but not limited to any
copyright, trademark, service mark or intellectual property right of any other kind whatsoever.
5. Additional Services Before undertaking any work or providing any services which Contractor
considers beyond or in addition to the Basic Services described in Exhibit "A" or otherwise contemplated by
the terms of this Agreement, Contractor shall advise Customer in writingthat (i) Contractor considers the work
beyond the scope of this Agreement, (ii) the reasons that Contractor believes the out of scope or additional
work should be performed, and (iii) a reasonable estimate of the cost of such work. Contractor shall not
proceed with such out of scope or additional work until authorized in writing by Customer. The compensation
for any such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to
agree as to compensation, then Contractor shall be compensated for its direct costs and time at the rate of
$25.00 per hour.
6. Compensation
(a) Customer will pay Contractor for all Basic Services and the Artwork the maximum
lump sums set forth in Exhibits "A" and `B, as full compensation for all product furnished and services
performed by Contractor under this Agreement, except for services for additional work or work beyond the
scope of this Agreement. Partial periodic payments may be requested not more frequently than monthly, and
upon approval by Customer's representative, will be made based upon the percentage of work complete and in
place as determined by Customer's representative; provided, however that Contractor may also request partial
payment for specially ordered materials and work in process which are suitably and securely stored on or off
site, in an amount not to exceed 50% of the value of the completed Artwork or portion thereof. In order to
avail itself of partial payment for specially ordered materials and work in process, Contractor shall submit to
Customer, and obtain Customer's approval of, a schedule of values for all labor, equipment and materials to be
furnished for or in connection with the work, which schedule shall aggregate to not more than the lump sum
contract price.
(b) All applications for payment shall contain appropriate records and other
documentation that such services have been performed and the amount of product delivered and incorporated
into the Artwork or, in the discretion of Customers representative, suitably and securely stored on site.
Thereafter, Customer will pay Contractor for the amount of the application approved by Customers
representative within 40 days of the date such application is received; provided, however, that final payment
hereunder shall not be made until after the date of final settlement and in accordance with the provisions of 38-
26 -107, C.R.S.
(c) No separate or additional payment shall be made to Contractor for profit or overhead,
nor for any unanticipated expenses.
(d) Compensation for authorized work beyond the scope of this Agreement shall be
governed by the provisions of paragraph 5.
7. Proiect Completion The Work shall be fully installed and completed at the Premises not later
than February 28, 2010.
8. Termination
(a) Customer shall have the right to terminate this Agreement, and Contractor's
performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such
termination, Contractor shall cease all work and stop incurring expenses, if any.
(b) Upon termination of this Agreement for events or reasons not the fault of Contractor,
Contractor shall be paid at the rates specified in this Agreement for all services rendered and expenses, if any,
Page 2 of 8
incurred prior to date of termination.
(c) In the event termination ofthis Agreement or Contractor's services is for breach ofthis
Agreement by Contractor, or for other fault of Contractor including but not limited to any failure to timely
proceed with work, or to pay its employees, or to perform work according to the highest standards governing
such work, or to perform work in a manner deemed satisfactory by Customers Representative, or to deliver the
Artwork, then in that event, Contractor's entire right to compensation shall be limited to the lesser of the
contract price or the reasonable value to Customer of work performed , if any.
(d) Contractor's responsibility for its work and services, and its obligations under
paragraph 9 of this Agreement, shall survive any termination.
9. Insurance and Indemnity
The Contractor shall not commence work under this Agreement until obtaining, at Contractor's expense and
without cost to the City, all insurance required under this paragraph and such insurance have been approved by
the Corporation, nor shall the Contractor allow any subcontractor to commence work under a sub - contract until
all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall
maintain such insurance until the final acceptance by the City of all Artwork covered by This Agreement.
(a) Commercial General Liability ( "CGL ") —The Contractor shall secure and maintain
during the period of this Agreement and for such additional time as work on the project is being performed,
Commercial General Liability Insurance (or approved equal) issued to and covering the liability of the
Contractor with respect to all work performed by the Contractor and insurance shall be written in amounts not
less than $600,000 for each occurrence and aggregate for personal injury including death and bodily injury and
$600,000 for each occurrence and aggregate for property damage. This policy of insurance shall name the
Customer, General Contractor — Nunn Construction, and Architect - Durant, and their respective agents,
officers and employers, as additional named insureds. This policy shall have all necessary endorsements to
provide coverage without exclusion for explosion and collapse hazards, underground property damage hazard,
blanket contractual coverage, as well as City's and Contractor's Protective Liability (OCP) coverage. The
policy shall also provide coverage for contractual liability assumed by Contractor under the provisions this
Agreement, and "Completed Operations and Projects Liability" coverage.
(b) Comprehensive Automobile Liability Insurance — The Contractor shall procure and
maintain during the period of this Agreement and for such additional time as work on the project is being
performed, Comprehensive Automobile Liability Insurance. This insurance shall be written with limits of
liability for and injury to one person in any occurrence of not less than $150,000 and for any injury to two or
more persons in any single occurrences of not less than $600,000. This insurance shall include
uninsured /underinsured motorist coverage and shall protect the Contractor from any and all claims arising from
the use both on and offthe site ofthe project of automobiles, trucks, tractors, backhoes and similar equipment
whether owned, leased, hired or used by the Artist.
(c) Worker's Compensation Insurance — If necessary, the Contractor shall procure and
maintain during the period of this Agreement and for such additional time as work on this project is being
performed. Workers' Compensation Insurance, including Occupational Disease Provisions, fully complying
with the provisions of the Workers' Compensation Act, as amended, of the State of Colorado. Such insurance
shall be obtained notwithstanding that Contractor may have no employees as defined under said Act or that
Contractor might otherwise avail itself of an exemption under the Act from any legal requirement to obtain
such coverage. Such insurance shall cover all employees of Contractor performing work on the project
Page 3 of 8
irrespective of whether such employees may be shareholders, managers, partners or owners of Contractor or
exempt employees under this Act.
(d) The CGL policy shall contain any necessary endorsements to insure Contractor's
contractual obligation to hold harmless, defend and indemnify Customer, General Contractor — Nunn
Construction, and Architect - Durrant from and against any liability to third parties, arising out of negligent
acts or omissions of Contractor, its agents and employees.
10. Assignability This Agreement shall not be assigned or transferred by either party without the
prior written consent of the other party. Any assignment or attempted assignment made in violation of this
provision shall, at the non - assigning party's election, be deemed void and of no effect whatsoever.
11. Equal Employment Opportunity In connection with the performance of this Agreement,
Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, national origin, disability or age. Contractor shall endeavor to insure that applicants are
employed, and that employees are treated during employment, without regard to their race, religion, sex,
national origin, disability or age.
12. Warranty. Contractor warrants the Artwork and all work, materials and product furnished
hereunder against failure, deterioration due to weather, or other defect attributable to materials, fabrication or
installation, for a period of two years from the date of final payment.
13. 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 Contractor or Customer 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 Customer: Attention: Steven Meier, 211 E. `D' Street, Pueblo, Colorado or to the
Contractor at: Burnie Zercher, Industrial Construction / Managers, Inc., PO Box 13, Pueblo, Colorado 81002
Either party may change its 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 Agreement, the RFP and the Exhibits "A" and "B" attached
hereto contain the entire agreement between Contractor and Customer respecting the work to be performed by
Contractor, and any other written or oral agreement or representation respecting such work or the duties of
either Customer or Contractor in relation thereto not expressly set forth in this instrument and its Exhibits 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 Contractor may be assigned by it without the written consent of
Customer.
(d) Amendments No amendment to this Agreement shall be made nor be enforceable
unless made by written amendment signed by an authorized representative of Contractor and by Customer.
(e) Choice of Law This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this
Page 4 of 8
Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado.
(f) Premises Conditions In the performance of all services under this Agreement,
Contractor shall strictly observe all rules, regulations and other requirements of City and the Harp Authority
with respect to the Premises, regardless of whether same are imposed by lease or other agreement, or by
ordinances or resolutions of City, or by regulations adopted by City's Department of Public Works.
(g) Severabilitv If any provision of this Agreement is determined to be directly contrary
to and prohibited bylaw or the requirements of any federal grantor other funding source for this Agreement,
then such provision shall be deemed void and the remainder of the Agreement enforced.
(h) Signatures The persons signing this Agreement on behalf of each party represent and
warrant that such persons and their respective party have the requisite power and authority to enter into,
execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of such
party enforceable against it in accordance with its terms.
(i) Joint and Several Responsibility Each of the individuals, which together constitute
Contractor, shall be individually, jointly and severally liable for the performance of Contractor under this
Agreement.
14. State - Imposed Mandates Prohibiting Illegal Aliens From Performing Work.
(a) Prior to or within ten (10) days of execution of this Agreement, Contractor 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, 104 °i 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) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under
this contract;
(11) Enter into a contract with a subconsultant that fails to certify to Contractor
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:
(1) The Contractor 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 Contractor is prohibited from using the Basic Pilot Program procedures
to undertake pre - employment screening of job applicants while this Contract is being performed.
(111) If the Contractor obtains actual knowledge that a sub - consultant performing
work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall be
required to:
A. Notify the sub - consultant and the Owner's Purchasing Agent within three (3)
Page 5 of 8
days that the Contractor 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 Contractor 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 Contractor 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 Contractor shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Architect shall be liable for Owner's actual and
consequential damages.
(e) As used in this Section 11, the term "sub- consultant" shall mean any sub - consultant
or subcontractor of Contractor rendering services within the scope of this Agreement.
15. PERA Liability. The Contractor shall reimburse the City for the full amount of any employer
contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association
( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City
under this Agreement. The Contractor shall fill out the questionnaire attached as Exhibit "B" and submit the
completed form to City as part of the signed Agreement.
16. Sole source government contracts; Limitations upon campaign contributions
(a) Section 15 of Article XXVIII of the Colorado Constitution is hereby incorporated into this
agreement by reference. Sections 15 and 17 of Article XXVIII of the Colorado Constitution provide as
follows:
Section 15: Because of presumption of impropriety between contributions to any campaign
and sole source government contracts, contract holders shall contractually agree, for the duration of the
contract and for two years thereafter, to cease making, causing to be made, or inducing by any means,
a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her
immediate family member and for the benefit of any political party or for the benefit of any candidate
for any elected office of the state or any of its political subdivisions.
Section 17: (1) Every sole source government contract by the state or any of its political
subdivisions shall incorporate article XXVIII, section 15, into the contract. Any person who
intentionally accepts contributions on behalf of a candidate committee, political committee, small
donor committee, political party, or other entity, in violation of section 15 has engaged in corrupt
misconduct and shall pay restitution to the general treasury of the contracting governmental entity to
compensate the governmental entity for all costs and expenses associated with the breach, including
costs and losses involved in securing a new contract if that becomes necessary. If a person responsible
for the bookkeeping of any entity that has a sole source contract with a governmental entity, or if a
person acting on behalf of the governmental entity, obtains knowledge of a contribution made or
accepted in violation of section 15, and that person intentionally fails to notify the secretary of state or
Page 6 of 8
appropriate government officer about the violation in writing within ten business days of learning of
such contribution, then that person may be contractually liable in an amount up to the above
restitution.
(2) Any person who makes or causes to be made any contribution intended to promote or
influence the result of an election on a ballot issue shall not be qualified to enter into a sole source
government contract relating to that particular ballot issue.
(3) The parties shall agree that if a contract holder intentionally violates section 15 of
section 17(2), as contractual damages that contract holder shall be ineligible to hold any sole source
government contract, or public employment with the state or any of its political subdivisions, for three
years. The governor may temporarily suspend any remedy under this section during a declared state of
emergency.
(4) Knowing violation of section 15 or section 17(2) by an elected or appointed official is
grounds for removal from office and disqualification to hold any office of honor, trust or profit in the
state, and shall constitute misconduct or malfeasance.
(5) A registered voter of the state may enforce section 15 or section 17(2) by filing a
complaint for injunctive or declaratory relief or for civil damages and remedies, if appropriate, in the
district court.
(b) This section applies only to sole source government contracts and does not apply to any
contract, which used a public and competitive bidding process in which the City solicited at least three bids prior
to awarding the contract.
(c) Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado
Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations:
1. If during the term of the contract, contractor holds sole source government contracts
with the State of Colorado and any of its political subdivisions cumulatively totaling more than
$100,000 in a calendar year, then for the duration of this contract and for two years after,
contractor will not make, cause to be made, or induce by any means a contribution, directly or
indirectly, on behalf of contractor or contractor's immediate family member(s) for the benefit of any
political party or for the benefit of any candidate any elected office of the State or any of its
political subdivisions; and
2. Contractor represents that contractor has not previously made or caused to be made,
and will not in the future make or cause to be made, any contribution intended to promote or influence
the result of a ballot issue election related to the subject matter of this contract; and
3. Contractor will satisfy contractor's obligations to promptly report to the Colorado
Department of Personnel & Administration ( "CDPA ") information included in the CDPA's "Sole
Source Government Contract Summary" and "Contract Holder Information" forms regarding this
contract and any other sole source government contracts to which contractor is a party, and shall
contemporaneously provide a copy of such report(s) to City's Purchasing Agent; and
4. Contractor understands that any breach of this section or of Contractor's
responsibilities under Colorado Constitution Article XXVIII may result in either contractual or
constitutionally mandated penalties and remedies; and
Page 7 of 8
5. A Contractor that intentionally violates Colorado Constitution Article XXVIII,
Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public
employment with the state or any of its political subdivisions for three years; and
6. By execution of this contract, Contractor hereby confirms it is qualified and eligible
under such provisions to enter into this contract.
(d) For purposes of this section, the term "contractor" shall include persons that control ten
percent or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. The
term "immediate family member" shall include a spouse, child, spouse's child, son -in -law, daughter -in -law,
parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent -in -law, brother -in -law,
sister -in -law, aunt, niece, nephew, guardian, or domestic partner. All other terms and phrases used in this
section shall have the meanings defined in Article XXVIII of the Colorado Constitution.
(e) In the event any provision of Article XXVIII of the Colorado Constitution is held to be
unconstitutional or otherwise invalid by a court of competent jurisdiction in a non - appealable action, has been
repealed retroactively or otherwise found to not apply to this contract or agreement, then the corresponding
requirement or requirements of this section shall have no further force and effect, and shall not constitute a
requirement of this contract, as of the date of such holding, declaration, repeal or determination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
CUSTOMER:
CITY OF PUEBLO,
ATTEST:
City Cle --
FUNDS ARE AVAILABLE: I
r
Director of Finance
APPROVED AS TO FORM:
!l
City Attome
a Municipal Corporation
B Y
President of the City Council
Page 8 of 8
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Scope of Work:
The scope of this project is to address the outdoor locations for sculpture opportunities.
My reaction to this is to provide a gathering place that reflects the architectural presence
of the building.
Pronosed Art Work and Work Plan:
This proposal is for a bench and planter design that could be selected for one or more of
the outdoor sculpture opportunities. This brick sculpture will be approx. 12 feet long, 6
feet tall, and 4 feet wide. The bench should comfortably seat four people and the plantei
will be well suited for usage. It will be mounted securely on a proper foundation of
concrete. I will sculpt masonry bricks into the design, then disassemble and fire them.
Once the foundation is ready the sculpture will be reassembled with mortar and proper
masonry techniques.
Work Schedule:
Work will span a period of approximately four months. Within this time period we will;
- obtain insurance and materials
- set up sculpture
-carve and sculpt
- disassemble and fire
- deliver and install
-clean sculpture and area
Oualifications•
- Sangre de Cristo Arts and Conference Center, "Subtle Ground" a brick paver sculpture.
-Sangre de Cristo Arts and Conference Center, May 2007. "Board of Trustees
Distinguished Leaders. A collaborative project with Shane and Kate Jarrett and Ken and
Judith Williams. See attached Photos
- St. Mary Corwin Medical Center, January 2005. "Angel'. See attached photos.
-St Mary Corwin Cancer Center June 2005. "Cross" Ceramic tile applied to wooden
cross by wood sculptor Joe Kronwtter. See attached photos.
-Cesar Chavez Elementary School, September 2002 . Raza Eagle. See attached photos.
Client References:
Maggie Divelbiss, Director of the Sangre de Cristo Arts and Conference Center.
295 -7200
Becky Brown, Art director for St. Mary Corwin expansion project. 250 -3494
Ken Williams, Owner of Williams Studios. 545 -7517
Doug Stout, Owner of Stout Masonry. 240 -6989
Cost Estimate:
$ 25,000 (per bench sculpture)
QUOTATION RECORD
(Proposer must sign and return this page with your proposal)
The price for the artwork in this proposal = $ ��. c 'L G 1 �e r �6 5 P:,
Provide a detailed breakdown if more than one piece of artwo k s proposed.
Calendar days needed to complete the job: /Z 0
ACKNOWLEDGEMENT
The undersigned, having carefully read and considered the Request for Proposals for the above
referenced solicitation, does hereby offer to perform such services on behalf of the City of Pueblo in
the manner described and subject to the terms and conditions set forth in the attached Request for
Proposals. Services will be performed at the rates proposed by the highest ranked submittals.
In submitting this Proposal, it is understood that the City of Pueblo reserves the right to reject any and
all submittals, and to waive any informalities in proposals as submitted. Proposer acknowledges that
they are qualified in this area of work and has experienced personnel (if necessary) able to provide the
required services. The City may request information substantiating the indicated requirements.
Failure to provide this information may result in a vendor's proposal being declared non - responsive.
Proposer acknowledges and accepts that all components of and responses to this RFP will be included
and become a part of the final contract by reference.
The undersigned further states that this proposal is made in good faith and is not founded on, or in
consequence of, any collusion, agreement or understanding between themselves or any other interested
party.
(All contact information must be filled out)
PROPOSER (if individual)
PARTNER (if a partnership)
BY (title) ItrT
ADDRESS (office & PO Box) 0 (f CIQ
E -MAIL ADDRESS Gl rr _
PHONE. ;L) e l� J 3 CELL SW_ 36( J FAX
Page 5 of 5
MASONRY STANDARDS
Used for the basis of this design
Jarrett Art project 2009
1. Brick, ASTM C216 grade SW as
provided by summit brick, Pueblo,
CO.
2. Mortar, type S conforming to ASTM C
270
3. Aggregate for mortar, ASTM C144
4. Grout, shall comply with ASTM C 476
5. Aggregate for grout, ASTM C 404
6. Rebar shall be grade 60 meeting
ASTM 615 minimum of 40 bar
diameter lap at splices if necessary
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Exhibit B
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
(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
Social Security Number
Name
Address
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
Exhibit B
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
20
MI
Name:
Title:
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 agreementto 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