HomeMy WebLinkAbout13124RESOLUTION NO. 13124
A RESOLUTION APPROVING AN AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL SERVICES BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
HOEHN ARCHITECTS, PC, RELATING TO THE PUEBLO CITY
HALL INTERIOR REHABILITATION AND REMODEL PROJECT
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
WHEREAS, Hoehn Architects, PC has been selected to provide professional services for
the City Hall and Memorial Hall Exterior Restoration Project; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Professional Architectural Services dated December 8, 2014,
between the City of Pueblo, a Municipal Corporation, and Hoehn Architects, PC, a copy of
which is attached hereto and on file at the office of the City Clerk, 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 and deliver 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 in the amount of $8,350 for said professional services shall be paid from Capital
Project PL1306.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Resolution and Agreement to effectuate the policies and
procedures described therein.
SECTION 5.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED: December 8, 2014
BY: Chris Nicoll
City Clerk’s Office Item # M-2
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
December 8, 2014
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT:A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL
ARCHITECTURAL SERVICES BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND HOEHN ARCHITECTS, PC,
RELATING TO THE PUEBLO CITY HALL INTERIOR REHABILITATION
AND REMODEL PROJECT AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Hoehn Architects, PC will fulfill the architectural services required in the State Historical
Fund, Agreement 2015-01-030, for the Pueblo City Hall Interior Rehabilitation and
Remodel Project.
PREVIOUS COUNCIL ACTION:
City Council awarded a professional services contract for the Pueblo City Hall Memorial
Hall Exterior Restoration Project on November 28, 2011.
BACKGROUND:
The City of Pueblo has a contract from the State Historical Fund for the funding of the
rehabilitation of the First Floor of City Hall. Hoehn Architects, PC have provided
architectural services for two phases of the exterior restoration work and is in good
standing with the City. This contract will allow the City to hire Hoehn Architects, PC to
provide the construction phase services for the rehabilitation work to be performed on
the First Floor of City Hall.
FINANCIAL IMPLICATIONS:
Funds in the amount of $8,350 for professional services will be paid for from PL1306.
BOARD/COMMISSION RECOMMENDATION:
No Board or Commission recommendation. The City Manager and City Council have
been briefed on the progress of the Project.
STAKEHOLDER PROCESS:
The City Manager and City Council have been briefed on the progress of the Project.
ALTERNATIVES:
Denial of this Resolution will result in cancellation of the Project.
RECOMMENDATION:
Approve the Resolution.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 8th day of December,2014,by and between Pueblo,a Municipal
Corporation ("Client") and Hoehn Architects, PC (hereinafter referred to as "Consultant") for Consultant to render
professional historic architectural services for Client with respect to the Pueblo City Hall Interior Rehabilitation and
Remodel Project 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 historic architectural 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.$8,350.00,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 shall 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).
(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 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 any way 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 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 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 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 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.
SECTION 6.SITE ACCESS.
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:
(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. The Consultant shall secure and maintain during the
period of this agreement/contract and for such additional time as work on the project is being performed,
Commercial General Liability Insurance issued to and covering the liability of the contractor with respect to all
work performed by him and all his subcontractors under the agreement/ contract, to be written on a
comprehensive policy form. This insurance shall be written in amounts not less than $1,000,000 for each
occurrence and aggregate for personal injury including death and bodily injury and $1,000,000 for each
occurrence and aggregate for property damage. This policy of insurance shall name the City of Pueblo, its
agents,officers and employees as additional 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 Owner's and Contractor's Protective Liability(OCP)coverage. The
policy shall also provide coverage for contractual liability assumed by Contractor under the provisions of the
Agreement/Contract,and"Completed Operations and Projects Liability"coverage.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible of not more than$ 15,000.
(iv) Comprehensive Automobile Liability Insurance. The Consultant shall procure and maintain
during the period of the agreement/contract 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 single occurrence of not less than$350,000 and for any injury to
two or more persons in any single occurrence of not less than $1.000,000. 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 site of the project of 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
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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. 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,first-class postage prepaid,addressed to the Client, Attention: Earl Wilkinson,
Department of Public Works,211 E.D Street,Pueblo,Colorado,or to Consultant at Hoehn Architects,PC,P.O.Box
3250,Evergreen,CO 80437. 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 for Professional 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 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 during employment without regard to their race, color, religion, sex, national origin,
disability or age.
(g) Severability. 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 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"E-Verify Program"created in Public
Law 208, 104th Congress,as amended and expanded in Public Law 156, 108th 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.
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(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-Verify 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 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 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.
SECTION 13. Reserved.
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.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year first
above written.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and year
first above written.
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CITY OF PUEBL• P O' 'ORATION CONSULTANT FIRM NAME
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By �. _�� L By: Hoehn Architects. PC
' es•• t e City Council /
Attest: Title: ` • , '
CityC
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[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
worail ao_,A_____.
Director of Finance
APPROVED AS TO FORM:
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City Attorney
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ATTACHMENT 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 X . (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 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 Pec .C • 3 0 ,20 ".
A • /
By: '':-l/!.�, ar`. i
Name: E ' ' (1 II -}-
Title: pfi`ncipal - floe fl ArCkit cIS PG
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.
8
Pueblo City Hall Interior Rehabilitation and Remodel
Schedule 1 - Basic Services
Project Purpose
The purpose of the project is to rehabilitate significant primary spaces on the first floor of Pueblo City
Hall,located at 1 City Hall Place in Pueblo, Colorado.
Scope of Services
The scope of services consists of bidding and construction administration services for SHF-funded
Phase II of the Interior Rehabilitation of Pueblo City Hall (SHF Project# 2015-01-030 &City of
Pueblo Project#14-053/PL1306). The services shall include the following:
o The preparation of"before" and"after" photographs for submittal to History Colorado, the State
Historical Fund;
o Assistance during bidding,which may include the review of subcontractors'qualifications bidding
on the work,and the preparation of addenda for clarification of the construction documents,if
required;
o The review of submittals and/or mock-ups in the field;
o A total of six site visits to take "before" and"after" photographs and to check on the progress and
quality of the work; and
o Coordination with representatives of the City of Pueblo and the State Historical Fund throughout
the duration of the Project.
Scope of Work
The Scope of Work shall follow the State Historical Fund's Exhibit A (Project#2015-01-030):
A. Architectural Services
1. Provide assistance with bidding and negotiation.
2. Observe the progress of construction.
3. Provide construction administration.
B. Terrazzo Flooring
1. Fill cracks,clean,polish and finish with a sealer.
C. Hardwood Flooring
1. Wood Flooring
a. Replace floor boards that are cracked or missing wood with in-kind materials.
b. Sand and finish to match original finish.
2. Toilet Rooms and Closets in Workroom
a. Remove existing flooring and provide new quarter-sawn oak flooring.
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Hoehn Architects PC-P.O. Box 3250-Evergreen, CO 80437-303.282.3884-tkhoehn@mho.net
Pueblo City Hall Interior Rehabilitation and Remodel
Schedule 1 - Basic Services
D. Marble Finishes
1. Border
a. Clean and fine sand polish
2. Column Enclosures
a. Remove stains
b. Fill narrow cracks, holes and gouges
c. Re-grout deteriorated joints
d. Polish to match original finish
3. Column Enclosures at Former Countertops
a. Fill openings with in-kind marble leaving the outline of the former counters visible
E. Plaster
1. Patch openings in walls and ceilings with in-kind material to match texture, finish and contours
of original plaster.
2. Paint plaster ceilings and walls including crown moulding
F. Screen Walls
1. Two Original Screen Walls
a. Replace broken and missing glass with glass similar to the original
b. Preserve existing woodwork by filling and staining existing cracks and holes
c. Finish to match original finish
2. New Screen Wall
a. Construct wall which is compatible in scale,design and materials of the historic screen walls
but does not match them
3. Miscellaneous Wood Trim
a. Replace missing wood trim in-kind and preserve existing trim
G. Vaults (3)
1. Reconstruct missing stair at Vault 2 (SW vault)
2. Preserve steel stairs and landings by painting them
3. Preserve vault doors (5 total)
a. Clean interior sides
b. Paint exterior sides in an original color determined through paint analysis
H. Door Opening and Door into Pre-Function/Community Room
1. Provide new door opening into masonry wall
2. Construct new stile and rail door of similar size and matching wood species with a large glass
lite located above a flat reessed panel with no perimeter moulding
I. Carpet in Pre-Function/Community and City Clerk's Records Room
1. Level concrete floor at former toilet room and closet in record room
2. Select carpet compatible with the historic character of the interior spaces.
J. Subway Tile Preservation and moulding
1. Replace missing tiles with in-kind tiles
2. Clean and regrout joints of existing tiles
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Hoehn Architects PC-P.O. Box 3250-Evergreen, CO 80437-303.282.3884-tkhoehn@mho.net
Pueblo City Hall Interior Rehabilitation and Remodel
Schedule 1 - Basic Services
Other Conditions -Special SHF Provisions
1 IDENTIFICATION OF PARTIES TO THIS AGREEMENT
This Agreement is made with the Grant Recipient of a History Colorado State Historical Fund
grant,which is the City of Pueblo.
2 TIME OF COMPLETION
The Services associated with this Project shall be completed within the contract start date (9/23/14)
and end date (10/6/16) of the Agreement between the State Historical Fund and the City of
Pueblo.
3 USE OF ARCHITECT'S DOCUMENTS
The Architect acknowledges that the project,which is the subject of this Agreement,is being
funded in part by a grant from the Colorado Historical Society,State Historical Fund (Society). The
Architect agrees that,in the event of a conflict between the terms of the grant contract and this
Agreement,the terms of the grant contract shall prevail.All products that are submitted to the
Society or the Owner either by the Architect or the Owner will become matters of public record.
Notwithstanding any other provision in this Agreement to the contrary, the Architect hereby grants
to the Society and the Owner, for all copyrightable materials and/or submittals developed or
produced under this contract,a royalty-free,nonexclusive,and irrevocable license to reproduce,
publish, display,perform,prepare derivative works or otherwise use,and authorize others to
reproduce,publish, display,perform,prepare derivative works,or otherwise use, the work or works
for Society and/or State Historical Fund purposes.
4 ILLEGAL ALIENS — PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and 24-
76.5-101
The Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility
of all employees who are newly hired for employment in the United States to perform work under
this contract, through participation in the E-Verify Program or the Department program
established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this contract_or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-
Verify Program or Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed, (b) shall notify the subcontractor and the
contracting State agency within three days if Contractor has actual knowledge that a subcontractor
is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the
subcontract if a subcontractor does not stop employing or contracting with the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course
of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of
Labor and Employment. If Contractor participates in the Department program, Contractor shall
deliver to the contracting State agency, institution of higher education or political subdivision a
written, notarized affirmation, affirming that Contractor has examined the legal work status of such
employee, and comply with all of the other requirements of the Department program. If
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Hoehn Architects PC-P.O. Box 3250-Evergreen, CO 80437-303 282.3884-tkhoehn@mho.net
Pueblo City Hall Interior Rehabilitation and Remodel
Schedule 1 - Basic Services
Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the
contracting State agency, institution of higher education or political subdivision may terminate this
contract for breach and,if so terminated, Contractor shall be liable for damages.
5 PAYMENTS AND COMPENSATION TO THE ARCHITECT
The invoices for work shall contain a calculation used to determine the value of the work,which is
the hourly billing rate x the number of hours expended.
6 CONFORMANCE TO THE SECRETARY OF THE INTERIOR'S STANDARDS
The Project shall meet the Secretary of the Interior's Standards for the Treatment of Historic
Properties.
End of Schedule 1
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Hoehn Architects PC-P.O. Box 3250-Evergreen, CO 80437-303.282.3884-tkhoehn@mho.net
Pueblo City Hall Interior Rehabilitation and Remodel
Schedule 2 - Fee for Services
Fee for Scope of Services: $8,350
The Architect will conduct an on-site pre-bid walk-through of the project and assist the City of Pueblo
review the bid results. Attendance at periodic progress meetings will occur in order to review the
progress of the construction work for adherence to the construction documents, to review the
Contractor's Applications for Payment,to assist with the negotiation and preparation of change orders,
and to review various mock-ups and samples . "Before" and"After"photographs of areas affected by
the scope of work will be prepared for the City Project Manager for submittal to the SHF Historic
Preservation Specialist .
Fee: Architectural (HAPC): $7,520
Reimbursables:
Photo reproduction/photocopies (PD #12): $ 50
Mileage for HAPC: $ 780
Total Fee: $8,350
Key Personnel and Reimbursables:
1. Hoehn Architects PC (HAPC)
Principal Architect: $80/hour
Project Manager/Project Architect: $80/hour
Technical Staff: $80/hour
Administrative: $80/hour
2. Reimbursables
a. Mileage: $0.50 per mile
b. Photograph reproduction: $0.20 each
End of Schedule 2
Hoehn Architects PC-P.O. Box 3250-Evergreen, CO 80437-303.282.3884-tkhoehn@mho.net