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HomeMy WebLinkAbout11975RESOLUTION NO. 11975 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND HISTORITECTURE, L.L.C., TO PROVIDE HISTORIC ARCHITECTURAL SERVICES FOR HISTORIC CONTEXT STUDIES AND SELECTIVE BUILDING INVENTORIES CITYWIDE FOR THREE YEARS WHEREAS, proposals to provide historic and architectural services for historic context studies and selective building inventories citywide for a term of three years have been received and examined; and WHEREAS, the proposal of Historitecture, L.L.C. was the most qualified for providing the consulting services and selected by a panel and approved by the Historic Preservation Commission; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An agreement dated September 13, 2010 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. INTRODUCED: September 13, 2010 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 13, 2010 AGENDA ITEM # M-2 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND HISTORITECTURE, L.L.C., TO PROVIDE HISTORIC ARCHITECTURAL SERVICES FOR HISTORIC CONTEXT STUDIES AND SELECTIVE BUILDING INVENTORIES CITYWIDE FOR THREE YEARS ISSUE Should City Council approve an agreement with Historitecture, L.L.C. to provide professional architectural services for historic context studies and selective building inventories citywide for a term of three years? RECOMMENDATION Approval of Resolution. BACKGROUND Historitecture, LLC. has completed four architectural surveys/context study projects for the City of Pueblo since 2004, and has always been prompt and detailed in their grant reporting, management and communication. Historitecture, L.L.C. was chosen by a selection committee from among four firms that responded to the City’s RFQ (Project 10-057). Having an architectural historian under contract will increase the City’s ability to procure additional preservation grants and streamline internal grant management. FINANCIAL IMPACT Administration is the only financial impact, all projects will be funded by grants or cash match from local historic preservation, or similar groups. STANDARD MASTER AGREEMENT BETWEEN PUEBLO, a Municipal Corporation AND HISTORITECTURE, L.L.C. FOR CONTINUING PROFESSIONAL SERVICES THIS AGREEMENT ( "Agreement ") is made this 13th day of Sentember 2010, by and between Pueblo, a Municipal Corporation ( "the Client ") and Historrtecture, L.L.C., a Colorado limited liability comnanv ( "the Consultant ") WHEREAS, the Client desires to engage the Consultant from time to time to perform certain professional Consulting services with respect to various historic context and architectural survey nro]ects and ancillary services. and WHEREAS, the Client and the Consultant desire to set forth herein the general terms and conditions whereby the Consultant will from time to time be engaged on one or more projects (with respect to each engagement, "the Project ") to provide services to the Client, the particulars of each such engagement being set forth in an executed Individual Project Order ( "IPO "), NOW, THEREFORE, the Client and the Consultant, in consideration of their mutual covenants herein, agree in respect of the performance of professional consulting services by the Consultant and the payment for those services by the Client as set forth below SECTION 1. GENERAL AND SCOPE OF SERVICES (a) This Agreement follows the selection of Consultant based upon Consultant's response to the Client's Request for Qualifications ( "RFQ ") for Proiect No 10 -057, Historic Architectural Services for Historic Context Studies and Selective Buildms Inventories Citywide. All of the requirements set forth in the RFP are incorporated herein by reference except to the extent expressly excluded in this Agreement or in any IPO or attachment thereto The undertaking of the Consultant to perform professional services under this Agreement extends only to the services set forth in IPO's ( "the Services ") However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ( "Additional Services ") and shall be compensated as set forth below In addition, the Consultant is authorized to perform, and will be similarly compensated therefore, Additional Services for those services which the Consultant deems advisable due to emergencies, errors requinng immediate correction or other unanticipated actions by the Client's contractor(s), if, in the Consultant's opinion, such Additional Services are clearly required in the Client's interest, and advance authorization cannot be obtained. In the event of the performance of such Additional Services, the Consultant will notify the Client as soon as practical of the necessity, extent, and inception of the Additional Services. (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. 1 (c) To the extent Consultant requires access to private property to perform its services hereunder or under any IPO, 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 each IPO In the event that any schedule is incorporated in or attached to any IPO, such schedule shall constitute the schedule by which Consultant proposes to accomplish its work, with time penods for which it will commence and complete each major work item. In the event no such schedule is incorporated or attached, then Consultant agrees to promptly commence the work and diligently complete same within a reasonable period of time Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to any such schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of intenm tasks and final completion of Project work, if same has been furnished to Consultant in connection with the IPO (e) Except in an emergency or other situation identified in Section 1 (a) of this Agreement, before undertaking any work or incurring any expense which Consultant considers Additional Services or beyond or in addition to the Scope of Work described in an IPO or attachment thereto or otherwise beyond what is contemplated by the terms of this Agreement, 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 (in) a reasonable estimate of the cost of such work. Consultant shall not proceed with any Additional Services, 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 2 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 the IPO or any attachment thereto In the event there is no attachment to the IPO with rates for compensation, then the applicable rates shall be those submitted in response to the RFQ or reasonable rates, whichever is less. SECTION 3. CLIENT'S RESPONSIBILITIES. In addition to any other responsibilities described in this Agreement, the Client shall have the following responsibilities (a) Designate in writing a person to act as the Client's representative with respect to the services to be rendered under this Agreement. Such person may be identified specific to each IPO, and may be changed by Client at any time in by notice to Consultant in writing. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the Consultant's services for 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 on any IPO (b) Provide reasonable cntena and available information as to the Client's requirements for the Project, including objectives and constraints, space, capacity and performance requirements and expectations, flexibility and expandability, and any budgetary limitations, provide previous reports, if any, and any other data relative to studies, design, or construction or operation of the Project and copies of all design and, if applicable, construction standards which the Client will require to be used or included in the drawings and specifications. (c) Furnish to the Consultant, if required for performance of the Consultant's Services under the IPO (i) data prepared by or services of others, including without limitation, bonngs, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; (ii) property, boundary, easement, right -of -way and utility surveys, (iii) property descriptions, (iv) zoning, deed and other land use restrictions, and (v) other special data or consultations, all of which Consultant may use and rely upon if such data is of the type and nature reasonably relied upon by consultants performing the type and kind of work authorized by the IPO (d) Examine all documents presented by the Consultant, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. (e) 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 3 act with respect to any matter involving policy or significant financial impact. The above penods 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. SECTION 4. FEES FOR SERVICES, PAYMENT. (a) The Consultant's compensation shall be computed on the basis set forth herein, unless otherwise stated in the IPO in question. (b) Unless a lump sum fee or other fee payment basis is specified in an IPO or attachment thereto, the Client shall pay the Consultant an amount based upon the Consultant's then current hourly rates. (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 the IPO or an attachment thereto (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 5 (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 5. COMPENSATION FOR ADDITIONAL SERVICES If upon the request of the Client, the Consultant performs Additional Services hereunder, the Client shall pay the Consultant an amount agreed to by the parties. In the event of any failure to agree, the payment shall be for the time spent on the work at the rates specified in the applicable IPO, but not to exceed the reasonable value of the work. SECTION 6. METHOD OF PAYMENT (a) Invoices with supporting documentation will be submitted by the Consultant to the Client periodically for services performed and expenses incurred. Payment of each invoice will be made within thirty (30) days of receipt. If, without justification therefor, the Client fails to make any payment due the Consultant for services and expenses under this Agreement within sixty (60) days after the Consultant's transmittal of its invoice therefor, the Consultant may, after giving written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due. (b) If the Client objects to any charge on an invoice, it shall so advise the 4 Consultant in writing giving its reasons within thirty (30) days of receipt of the invoice or receipt from the Consultation of all documentation in support of the charges shown on the invoice, whichever is later SECTION 7. USE OF DOCUMENTS. 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. SECTION 8. TERMINATION (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents, 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 for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in the applicable IPO or attachment thereto 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 IPO (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work to Client or (b) payment at the rates specified in the applicable IPO or attachment thereto for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. 5 SECTION 9. INSURANCE AND INDEMNITY. (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement when it is performing services under any IPO, 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. (i) 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 covenng the liability of Consultant with respect to all work performed by Consultant and its subcontractors and subconsultants under this Agreement, to be wntten 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 penod of the Agreement, and for such additional time as work on the Project is being performed, wntten 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 umnsured/undennsured motorist coverage and shall protect the Consultant from any and all claims arising from the use both on and offthe 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. 6 SECTION 10. 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 11. REQUIRED FEDERAL PROVISIONS (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 12. MISCELLANEOUS (a) Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, CA apprvd form 3/12/10 7 first -class postage prepaid, addressed to the Client, Attention Mr. Wade Broadhead, Planner, Department of Planning and Community Development, 211 E. "D" Street, Pueblo, Colorado, 81003 or to Consultant at Adam Thomas, Managing Principal, Historitecture, LLC, PO Box 181095, Denver, CO 80218 -8822 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 instrument ( together with any IPO's as may be issued) contains the entire agreement between Consultant and Client respecting each 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 and terms of any attachment hereto, or the RFQ or response to same, 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 3(a) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado (f) Equal Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated dunng 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 provision shall be deemed void and the remainder of the CA apprvd form 3/12/10 8 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 13. 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 "E- 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 either the E-Venfy Program or Department 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 subcontractor or subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall 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 CA apprvd form 3/12/10 9 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, except that 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 authonty 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. 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. SECTION 15. PERIOD OF SERVICES. DURATION OF THIS AGREEMENT (a) The Consultant shall begin work in a timely manner on each IPO after receipt of a fully executed copy of the IPO in question. The times for performance shall be extended as necessary for periods of suspension or delay resulting from circumstances the Consultant does not control Such suspension or delay shall not terminate the IPO or this Agreement unless the Consultant elects to terminate in accordance with other provisions of this Agreement. (b) This Agreement shall be effective from the date of execution by both parties until three years after such date. IPO's agreed to by both parties within such three -year period shall be valid and binding until the agreements and promises thereunder are completed, and the terms and conditions of the Agreement shall remain in effect until all obligations under said IPO's are completed. This Agreement may be extended or renewed, with or without changes, by written amendment. CA apprvd form 3/12/10 10 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above wntten. PUEBLO, A MUNICIPAL CORPORATION By ,/�(.t,A2. zc'_e President of the City Council ATTEST APPROVED AS TO FORM gym S) City Attorn 1 l/ City tlerk CONSULTANT HISTORITECTURE, By / Name AeAaw& A _ �`IZiaw S Title pwVtes' / Mama ( .fci 01 1 CA apprvd form 3/12/10 11 INDIVIDUAL PROJECT ORDER NO Describing a specific agreement between Historitecture, L.L.C. (the Consultant), and Pueblo, a Municipal Corporation (the Client) in accordance with the terms of the Standard Master Agreement for Continuing Professional Services dated September 13. 2010 which is incorporated herein by reference. Identification of Project. General category of Services Specific scope of basic Services Additional Services if required Schedule Deliverables Method of compensation Special terms of compensation. Other special terms of Individual Project Order Accepted. THE CITY OF PUEBLO, COLORADO HISTORITECTURE, L.L.C. By By Title Title Date Date CA apprvd form 3/12/10 12 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, inclu • g 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 I) 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 Name Address 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. Signed 0G4n61f , 20 fO By'_1L / 1 // eiVisOd Name 4 ° AA V '114 dyt& Title: awl /ManA ►� fi►tcr p 1 For purposes of responding to question (b) above, an `affiliated party' includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren, (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse s parents, stepparents, stepchildren, stepsiblings, and spouse s siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree s regular salary or compensation. CA apprvd form 3/12/10 13