HomeMy WebLinkAbout11704RESOLUTION NO. 11704
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
HISTORITECTURE, L.L.C., TO CONDUCT AN HISTORIC
EAST SIDE BUILDING INVENTORY, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, proposals to conduct an Historic East Side Building Inventory have
been received and examined; and
WHEREAS, the proposal of Historitecture, L.L.C. was the most qualified for
providing the consulting services and recommended by both the search committee,
which consisted of HPC members and City Staff, and the Historic Preservation
Commission;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
An agreement dated September 28, 2009 between the City of Pueblo, a
Municipal Corporation, and Historitecture, L.L.C., a copy of which is attached and
incorporated herein and having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute said agreement
on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest same.
SECTION 3.
Funds for said project in the amount of $21,500 shall be paid from Project
PL0905 for the Historic East Side building inventory.
A77TSTDD SY:
CITY CLERK
INTRODUCED: September 28, 2009
BY: Michael Occhiato
} C � OUNCILPERSON
APPR D' } �-
PRESIDENTaf Cfty Council
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M -5
DATE: SEPTEMBER 28, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
• RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO,
• MUNICIPAL CORPORATION, AND HISTORITECTURE, L.L.C., TO CONDUCT AN
HISTORIC EAST SIDE BUILDING INVENTORY, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Shall City Council enter into a contract with Historitecture, L.L.C. for consulting services
to complete an historic East Side Building Inventory?
Approve the Resolution.
BACKGROUND
On May 11, 2009 Ordinance 8009 approved a grant contract between the City of Pueblo
and the Colorado Historical Society for completion of an East Side Neighborhood
Architectural and Historic Selective Inventory. The grant funds in the amount of
$21,500 were budgeted and appropriated for said project. Both the search committee
and the Historic Preservation Commission recommended Historitecture, LLC for the
project based on their qualifications and a proven history working with the City. The
inventory will be completed June 30, 2010.
FINANCIAL IMPACT
Funds not to exceed $21,500 shall be paid from Project PL0905 to Historitecture, L.L.C.
for the Historic East Side Building Inventory. Upon completion of the project, the
Colorado Historical Society will reimburse the City $21,500.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 28th dayof September ,2009,by and between Pueblo, a
Municipal Corporation ( "Client ") and Historitecture. LLC (hereinafter referred to as "Consultant ") for Consultant to
render professional architectural historian services for Client with respect to East Side Neighborhood Architectural and
Historic Selective Survey and related ancillary services, hereinafter referred to as the "Project." In consideration of the
mutual covenants hereinafter set forth, the parties agree as follows:
SECTION 1. GENERAL AND SCOPE OF SERVICES
(a) Consultant shall satisfactorily perform the professional planning and consulting services for the Project
described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Basic Services "). Such
services shall include all usual and customary professional architectural historian services including any required drafting
or design services incident to its work on the Project. In the event this Agreement follows the selection of Consultant by
Client pursuant to a Request for Proposals or RFP, all of the requirements of that Request for Proposal or RFP are
incorporated herein by reference, unless any requirement is expressly excluded in Schedule 1.
(b) To the extent Consultant performs any of the Project work through subcontractors or subconsultants,
Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such
subcontractors or subconsultants as it is for services performed directly by Consultant or Consultant's employees.
(c) To the extent Consultant requires access to private property to perform its services hereunder,
Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already
secured access for Consultant to any such property through a right of entry agreement, access agreement, letter of
consent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth
therein. A copy of any such instrument will be provided to Consultant upon request.
SECTION 2. CONSULTANT'S RESPONSIBILITIES
(a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion
of Consultant's work, including that performed by Consultant's subconsultants and subcontractors, and including
drawings, reports and other services, irrespective of Client's approval of or acquiescence in same.
(b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to
Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses
Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition
precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or
similar statute, whether now existing or hereafter enacted.
(c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of
work under this Agreement and shall provide all necessary safety and protective equipment for said employees.
(d) Consultant acknowledges that time is of the essence with respect to the completion of its services
under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant
proposes to accomplish its work, with time periods for which it will commence and complete each major work item.
Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall
adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of
interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for
all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required
for the work, the availability of information which must be obtained from any third parties, and all conditions to access
to public and private facilities.
(e) Before undertaking any work or incurring any expense which Consultant considers beyond or in
addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement,
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Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii)
the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable
estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized
in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to
negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and
professional time at the rates set forth in Schedule 2 attached hereto.
SECTION 3. FEES FOR SERVICES PAYMENT
(a) Client will pay to Consultant as full compensation for all services required to be performed by
Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement,
the maximum sum of U.S. $ 21.500 computed as set forth in Schedule 2.
(b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment,
aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for
reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense
reimbursement provisions set forth in Schedule 2 attached hereto, and shal I contain appropriate documentation that such
services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the
application within 45 days of the date such application is received.
(c) No separate or additional payment shall be made for profit, overhead, local telephone expenses,
lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided
and listed in Schedule 2.
(d) No compensation shall be paid to Consultant for services required and expenditures incurred in
correcting Consultant's mistakes or negligence.
(e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the
provisions of Section 2(e).
(0 In the event services under this Agreement are phased and to be performed in more than one fiscal
year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial
appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and
subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information, surveys, data and previous reports accessible to Client which Consultant may reasonably require.
(b) Client shall designate a Project Representative to whom all communications from Consultant shall be
directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and
make decisions with respect to the Project Said representative shall not, however, have authority to bind Client as to
matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is
the lesser of $5000 or 5% of the maximum contract price.
(c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto
within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or
product furnished hereunder shall not in anyway relieve Consultant of responsibility for the professional adequacy of its
work.
(d) Client shall perform its obligations and render decisions within a reasonable time under the
circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed
reasonable for any decision not involving policy decision or significant financial impact, when all information
reasonably necessary for Client to responsibly render a decision has been furnished. A period of 46 days shall be
presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The
above periods of presumed reasonableness shall be extended where information reasonably required is not within the
custody or control of Client but must be procured from others.
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SECTION 5. TERMINATION
(a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any
time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors
shall cease all work and stop incurring expenses, and shat l promptly deliver to Client all data, drawings, specifications,
reports, plans, calculations, summaries and all other information, documents, work product and materials as Consultant
may have accumulated in performing this Agreement, together with all finished work and work in progress.
(b) Upon termination of this Agreement forevents or reasons notthe fault of Consultant, Consultant shall
be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date of termination;
together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided
or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon
termination exceed the maximum compensation provided for complete performance in Section 3(a).
(c) In the event termination of this Agreement or Consultant's services is forbreach of this Agreement by
Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay
its employees and consultants, or to perform work according to the highest professional standards, or to perform work in
a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to
compensation shall be limited to the lesser of (a) the reasonable value of completed work to Client or (b) payment at the
rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior
to date of termination.
(d) Consultant's professional responsibility for its completed work and services shall survive any
termination.
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In the event the Project will require access to property not under the control of Client, Consultant and
Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access
to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no
warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant
understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the
terms and conditions of an access agreement in accordance with section 1(c) of this Agreement.
SECTION 7. USE OF DOCUMENTS
(a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by
Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and
Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or
equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings,
specifications, and all other technical data or other documents pertaining to the work to be performed under this
Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with
advance written consent of Client, which consent may be granted or withheld in Client's sole and absolute discretion and
(ii) in full compliance with the requirements of this Agreement and applicable federal regulations.
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SECTION 8. INSURANCE AND INDEMNITY
(a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal
injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its
employees, and from claims or damages because of injury to or destruction of property including loss of use resulting
therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b).
(b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows
(1) Workers' Compensation Insurance complying with statutory requirements in Colorado and in
any other state or states where the work is performed. The Workers' Compensation Insurance policy shall
contain an endorsement waiving subrogation against the Client.
(ii) Commercial General Liability Insurance issued to and covering the liability of Consultant
with respect to all work performed by Consultant and its subcontractors and subconsultants under this
Agreement, to be written on a Commercial General Liability policy form CG 00 01, with coverage limits of not
less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal
injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars
($600,000.00) per occurrence for property damage. This CGL policy shall be endorsed naming the Client, its
officers, agents and employees as additional insureds. This CGL policy shall also provide coverage for
contractual liability assumed by Consultant under the provisions of this Agreement.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible of not more than $ 5,000.00.
(iv) Comprehensive Automobile Liability Insurance effective during the period ofthe Agreement,
and for such additional time as work on the Project is being performed, written with limits of liability for injury
to one person in any single occurrence of not less that $150,000 and for any injury to two or more persons in any
single occurrence of not less than $600,000. This insurance shall include uninsured/underinsured motorist
coverage and shall protect the Consultant from any and all claims arising from the use both on and off the Project
site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether
owned, leased, hired or used by Consultant.
(c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to third
parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants.
SECTION 9. SUBCONTRACTS
(a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a
contractual relationship under this Agreement. To the extent Consultant performs any Project activities through
subconsultants or subcontractors, Consultant shall contractually bind each of its subconsultants and subcontractors by
subcontract agreement to all of the terms of this Agreement which are for the benefit of Client, and Client shall be a third
party beneficiary of those subcontract provisions.
(b) Consultant shall indemnify and defend Client from all claims and demands for payment for services
provided by subcontractors of Consultant.
(c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement,
the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility
for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to
employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of
this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel
except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not
assign or reassign Project work to any person to whom Client has reasonable objection.
SECTION 10. REQUIRED FEDERAL PROVISIONS [Delete if inapplicable.]
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NOTE - THIS SECTION MAY REQUIRE REVISION
(a) Consultant understands that Client may be funding the Project in whole or part with funds provided
State of Colorado, Department of Higher Education, and Colorado Historical Society (hereinafter referred to as
"Historical Society " . Consultant agrees it is subject to and shall comply with all applicable provisions of the grant
agreement under which said funds are being made available, the Historic Preservation Act of 1966 as amended, the
Historic Preservation Funds Grant Manual published by Colorado State Historic Fund /Colorado Historical Society, the
Act under which the contract award has been made, and applicable regulations.
(b) Consultant shall comply with all applicable Federal, State, and local laws applicable to its activities.
(c) All records with respect to any matters covered by this Agreement shall be available for inspection by
Client and Historical Society at any time during normal business hours and as often as Client or Historical Society
deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its
official functions or duties.
SECTION IL MISCELLANEOUS
(a) Notices Any and all notices or other communications required or permitted by this Agreement or by
law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly
served and given when personally delivered to the part) to whom it is directed, or in lieu of such personal service, when
deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention:
Mr. Wade Broadhead, 211 E. D Street , Pueblo, Colorado, 81003, with a copy sent via first class mail to: City
Manager, 1 City Hall Place, Pueblo, CO 81003; or to Consultant addressed to:
Historitecture, LLC, Post Office Box 419, Estes Park, Colorado 80517 . Either party may change his address for
the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in
this paragraph.
(b) Entire Agreement This instrument contains the entire agreement between Consultant and Client
respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of
either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and
void. In the case of any conflict between the terms of this Agreement forProfessional Services and terms of Schedule 1
or any other attachment hereto, the terms of this Agreement shall govern.
(c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors
and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due
hereunder to Consultant may be assigned by it without the written consent of Client, which consent may be withheld in
Client's sole and absolute discretion. Any assignment or attempted assignment in violation of this subsection shall be
void.
(d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by
written amendment signed by an authorized representative of Consultant and by Client in accordance with the
requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board.
(e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the
State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in
a state court of competent jurisdiction located in Pueblo, Colorado.
(f) Equal Emplovment Opportunity In connection with the performance of this Agreement, neither
Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed,
and that employees are treated during employment without regard to their race, color, religion, sex, national origin,
disability or age.
(g) Severabilitv If any provision of this Agreement, except for Section 2, is determined to be directly
contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such
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provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that
Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to
law or the terms of any federal grant, then this entire Agreement shall be void.
SECTION 12. STATE- IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK
(a) At or prior to the time for execution of this Agreement (which may be referred to in this section as
this "Contract"), Consultant (which may be referred to in this section as "Contractor") shall submit to the Purchasing
Agent of City its certification that it does not knowingly employ or contract with an illegal alien who will perform
work under this Contract and that the Contractor will participate in either the "Is Verify 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 or the "Department Program" established
pursuant to §8- 17.5- 102(5)(c) C.R.S. that is administered by the Colorado Department of Labor and Employment in
order to confirm the employment eligibility of all employees who are newly hired for employment to perform work
under this Contract.
(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 the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in either the E- Verify
Program or Department Program.
(II) The Contractor is prohibited from using eitherthe E-Verify Program or Department Program
procedures to undertake pre - employment screening ofjob applicants while this Contract is being performed.
(III) If the Contractor obtains actual knowledge that a subcontractor or subconsultant performing
work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shat l be required
to:
A. Notify the subconsultant and the Client's Purchasing Agent within three (3) days
that the Contractor has actual knowledge that the subcontractor /subconsultant is employing or
contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor /subconsultant if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A, above the
subcontractor /subconsultant does not stop employing or contracting with the illegal alien; exceptthat
the Contractor shall not terminate the contract with the subcontractor /subconsultant if, during such
three (3) days, the subcontractor /subconsultant provides information to establish that the
subcontractor /subconsultant 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 12 by the Contractor shall constitute a breach of contract and grounds for
termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential
damages.
(e) As used in this Section 12, the terms "subcontractor" and "subconsultant" shall mean any
subconsultant or subcontractor of Consultant rendering services within the scope of this Agreement.
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SECTION 13. SOLE SOURCE GOVERNMENT CONTRACTS; LIMITATIONS UPON CAMPAIGN
(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 a 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
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.
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(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
(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 mean "Consultant" as defined in this
Agreement, and 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.
SECTION 14. PERA LIABILITY
Consultant 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 Consultant shall fill out the
questionnaire attached as Exhibit A and submit the completed form to Client as part of the signed Agreement.
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(Signature Page Follows)
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first
above written.
ATTEST:
City Clerk
CITY OF PUEBLO, A MUNICIPAL CORPORATION
B
President of the City Council
APPROVED AS TO FORM:
City Attorney
CONSULTANT:
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By:
Name:
Title:
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EXHIBIT A
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), CA-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 capa i y, including an independent contractor, a PERA Retiree who will
perform any services for the City of Pueblo? Yes_, No (Must sign below whether you answer "yes" or ' no ".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole proprietor
or partnership, or 3) 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 listed entities (1, 2, or 3) 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)
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
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.
Failure to accurately complete, sign and return this document to the City of Pueblo may result in
your being denied the privilege of doing business with the City of Pueblo.
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Name: AL VV A-
Title: ^ rxctvtay1ti41 F r'tr'tejp4/
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or
cobeneticiary 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 Retirees regular salary or compensation.
_II -
SCHEDULE 1: PROJECT SCOPE OF WORK, STANDARDS AND SPECIFICATIONS
Project Title: East Side Neighborhood Architectural and Historical
Selective Inventory
OAHP Project Number: 08 -09 -19
Pueblo Project Number: PL -09 -03
1. PROJECT PURPOSE
The grant request is to fund a selective architectural inventory and detailed history of 43 properties in Pueblo's
East Side Neighborhood for $21,500. The project will research and document properties that are in danger of
destruction via neglect or potential urban renewal projects. The project also will inventory properties that
appear to have good integrity and architectural significance, which may be potentially eligible for the local,
state, or National Register. Currently, the East Side neighborhood has no designated properties. The CLG
funded neighborhood context study has generated great interest in the history of the East Side and the Historic
Preservation Commission would like to build on the context study and expand their preservation efforts in a
historically underrepresented neighborhood. Finally, the HPC would like to implement a preservation
planning aspect to assist in potential urban renewal efforts to revitalize portions of the economically depressed
neighborhood and inventory and identify significant properties before they are threatened by redevelopment or
neglect while providing opportunities for restoration through land marking and access to tax credits for private
owners and State Historical Fund money for nonprofit /City partnerships.
2. SPECIFICATION OF WORK:
Scope Element
a.
Consult with the Historical & Architectural Survey Coordinator at
the Colorado Historical Society Office of Archaeology and
Historic Preservation (OAHP) concerning survey
methodology.
b.
Facilitate a kickoff meeting to explain the survey process, to
answer questions, and to receive suggestions about local
sources of information.
c.
Document 43 selected properties in the survey area through
fieldwork that produces architectural descriptions, digital black
and white photographic standards consistent with CARP
Photographic
d.
Conduct research on the history of the 43 properties identified,
and, where necessary, contact current and former owners and
longtime residents regarding the histories of the buildings-
e.
Submit a representative sample of 10 draft forms for review by
OAHP staff.
f
Complete and submit 43 draft OAHP site forms with
associated photographs to OAHP and the City.
g.
Submit a draft survey report, per the current OAHP survey
manual for review by OAHP Historical & Architectural Survey
Coordinator and the national register historian.
h.
Consult with the Historical & Architectural Survey Coordinator and
National Register Historian regarding evaluations of eligibilit
i.
Incorporate revisions and recommendations from the above
Page 1 of 2 pages
review into the final survey report and submit required copies
to OAHP and the City of Pueblo to provide the final survey
database in a digital formal and the final survey report in PDF
format to the City on CD -ROM.
j. Present the final survey report and OAHP review findings at a
neighborhood meeting near the conclusion of the project.
3. REQUIRED STANDARDS
The consultant will follow all OAHP regulations and adhere to standards A and B outlined
below.
4. PRODUCTS: The following products will be delivered to the Society as set forth in
Attachment D. FOUR (4) ORIGINAL COPIES OF PRODUCTS (WITH THE EXCEPTION
OF CULTURAL RESOURCE INVENTORY FORMS) MUST BE DELIVERED TO THE
SOCIETY.
a) 10 draft site forms
b) I draft survey report and final draft forms submitted together
c) 43 completed, revised, and researched site forms with photographs
d) 4 original copies of the final survey report (in PDF format) and 1 final copy of each of the
43 site forms (in PDF format), electronic information on CDROM contain all the project
files, photographs, and reports.
All survey projects must include the following required standards and required products.
A. REQUIRED STANDARDS FOR SURVEY PROJECTS The following standards are
required for all survey projects:
1. The Contractor agrees that all survey work shall be completed to the standards
provided by the Colorado Historical Society (CHS or Society) and detailed in the
Colorado Survey Manual Survey forms shall be provided by the Society.
Black and white photographs submitted shall be properly labeled in accordance with
the Colorado Survey Manual
Survey work shall also meet the Secretary of the Interior's Standards and Guidelines
for
Identification and Evaluation published September 29, 1983 in the Federal Register.
Work not meeting the Secretary's Standards in the judgement of CHS staff shall not be
reimbursed.
4. Selection of Consultants: The CHS shall have the opportunity to participate in the
selection of any consultants hired to conduct any portion of the above scope of work.
The Consultant shall meet professional qualifications described in 36 CFR 61,
Page 2 of 2 pages
"Procedures for Approved State and Local Government Historic Preservation
Programs, April 13, 1984," or otherwise approved by the Society. The Contractor shall
submit to the Society evidence of compliance with Federal competitive procurement
requirements for professional services and subcontracts prior to reimbursement of
costs. The Contractor shall have final decision rights as to selection of the professional
consultant hereunder. Prior to the start of the project, the designated CLG
representative shall discuss the scope of work and reporting requirements with the
CHS staff.
The Contractor's agreement with the consultant shall contain the following provision:
"No member, officer, or employee of the CLG grant recipient, including advisory
board, review board, or commission board members shall have any interest in the
agreement or the process thereof, except that such persons may provide technical
consultative, or oversight assistance in a voluntary capacity (i.e., unpaid, and the time
not charged to the required matching share for the HPF grant."
B. REQUIRED PRODUCTS FOR SURVEY PROJECTS The following are required products
for all survey projects:
I. The Contractor shall prepare a draft and final survey report that follows the format
outlined in the Colorado Survey Manual Included in the final survey report shall be a
map which clearly delineates the project boundaries. The map shall also identify
individual properties or districts that appear to meet the National Register criteria. The
survey report shall also include a listing of all the properties surveyed with their state
identification numbers and an evaluation of their significance.
2. The Contractor shall submit a USGS 75 quad map plus a city plat or planning map
outlining the boundaries of the survey area with a key that identifies the boundaries of
eligible districts, contributing and non - contributing properties and individually eligible
properties. Each resource recorded during the project should be clearly identified on
the map by appropriate site number.
3. The Contractor shall conduct a minimum of one public meeting to describe the results
of the project. Minutes of the meeting shall be submitted to the CHS.
4. The Contractor shall submit all Inventory forms completed for the survey. These shall
be typed with photographs placed in appropriate archival sleeves and attached to the
forms.
Page 3 of 2 pages
SCHEDULE 2: LINE ITEM BUDGET
CITY OF PUEBLO
EAST SIDE HISTORIC AND ARCHITECTURAL CONTEXT STUDY
Project Purpose: The purpose of this project is to conduct a historic and
architectural context study of the East Side Neighborhood.
II. Scope of Work is as follows:
Scope Element
Amount
a.
Facilitate a kickoff meeting to explain the survey process, to
$350.00
answer questions, and to receive suggestions about local
sources of information.
b.
Consult with the national register historians at the Colorado
$300.00
Historical Society Office of Archaeology and Historic
Preservation OAHP concerning survey methodology.
c.
Document 43 selected properties in the survey area through
$3,900.00
fieldwork that produces architectural descriptions, digital color
p hotographs consistent with OAHP Photographic
d.
Conduct research on the history of the 43 properties identified,
$5,200.00
and, where necessary, contact current and former owners and
longtime residents regarding the histories of the buildings.
e.
Submit a representative sample of 10 draft forms for review by
$1,450.00
OAHP staff.
f.
Complete and submit 43 draft OAHP site forms with associated
$5,360.00
p hotographs to OAHP and the City.
g.
Submit a draft survey report, per the current OAHP survey
$2,930.00
manual for review by OAHP state survey coordinator, City
Staff, and the National Register Historian.
h.
Consult with the state survey coordinator and national register
$300.00
historian regarding evaluations of eligibili
i.
Incorporate revisions and recommendations from the above
$1360.00
review into the final survey report and submit required copies
to OAHP and the City of Pueblo to provide the final survey
database in a digital formal and the final survey report in Word
or PDF to the City on CD -ROM.
j.
Present the final survey report and OAHP review findings at a
$350.00
neighborhood meeting near the conclusion of the project.
�:_�.k.Tctal'Rro "'osed�Cost'r: � ���`a� � �'E � ,��
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��:$21•'500*'
SCHEDULE 3: PROJECT TIMELINE
PROJECT PERFORMANCE AND PAYMENT SCHEDULE
East Side Neighborhood Architectural and Historical Selective Inventory
Project Title
Project Number
PRODUCTS DATE DUE
1) Kickoff Meeting Minutes September 30, 2009
2) Consult with the Historical & October 10, 2009
Architectural Survey Coordinator at
the (OAHP)
Email documenting the
Discussion
3) Interim status & November 15, 2009
financial report #I
3a) Begin Document 43 selected December 15, 2009
Properties. Submit 5
sample forms
3b) Interim status
February 15, 2010
& financial report, #2
4) Incorporate revisions &
Complete and submit 43
April 15, 2010
site forms with photographs
To OAHP and the City
5) Submit draft survey report
April 15, 2010
Per OAHP manual for review
To OAHP and City staff.
6) Consult with National Register
April 30, 2010
Historian
Email, detailing results.
7a) Submit final reports and June 1, 2010
Site forms to OAHP and
City
7b) Interim status &
financial report, #3
7c) Final Project Report
8b) Present findings separate June 15, 2010
neighborhood meeting.
Minutes from both meetings
Final Date: June 30, 2010