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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 Page 5 of 8 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 Page 7 of 8 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 } $ li ¢ } \— §a� t � , \ � � } }� / \ } \3u ) ).. .� { � ƒ � ?\ / }$ � �} R � / f)m! !®�~ » x�9 a ° a \ % « \ / % } / * ® ƒ / � Q S ƒ \7 �r & \ \ \ \ � , » ® ! ƒ 9 / \ � \ ;} � } \ \ \ , ! , 11 c.9�1� J, �u�b \o hu,n,�.Qvl i I f t I 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 :. * 111 it * #2- West Elevation Brick Sculpture - Bald Eagle motif: $37,000.00 #3- South Elevation Brick Sculpture -Bald Eagle motif: $37,000.00 #W —West Elevation- Sculptured-tiie — Stamarnt-S . #S- -South Elevation sculptured - tile — Srar - a tTStripes mmTtf ' 46- "Fast - Elevati 4^�. .pture & -Stam- - 47- lsterth Elevation ssulptured -tile -Stars and Stripesm — --$- -Front- Entry- Elevatiom Free —"' -- 3 G9 3cS ,.�� Ii �� � �O" ✓A� l � A x y v f r t w nAr 1 Y ^ • V '4 } yt n ( r 3 � dd Y S A y a t S I kiv � I' F 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 > y ± my \ \ate /\Rio: ®� :X wil \ �. \ < \�� d: \. \ � {: >, \l v \ j � 40, v y \ Q, t \ \ �. \ < \�� d: \. \ � {: >, \l > Q <d Q, t \ . IF t 'Fl : t 'Fl : 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 v�- v 'u n} L � 1` Vj N Q h Fm . y V, J I I q ' 9l .I N N I 1 y. 1 1 I I I I 1 I I i 1 I I III I � I N I W i 1 � I I p l k i I � I I n� i- I ' F- ul K - 0 n � V ry n1 V r N� 7 U t Y1 a �v g? "e W k1 W N b U 11 x N U mry �U `V 2 N � z N J Y� �l 0 e ,Q J W a e �J a� W k1 W N b U 11 x N U mry �U `V 2 N � z N J Y� �l 0 e ,Q } / � L j \ Q P� \ \a < w ■� IA J<>� 7 ,! � « \\ f }/{ }\ /< � m � $ ( j \ 4 \ % ,w 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