HomeMy WebLinkAbout14208
RESOLUTION NO. 14208
A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND LOGAN
SIMPSON, RELATING TO THE DOWNTOWN HISTORIC
SURVEY PART 2 PROJECT AND AUTHORIZING THE MAYOR
TO EXECUTE SAME
WHEREAS, The Downtown Historic Survey Part 2 Project, PL1803 has been
established; and,
WHEREAS, Logan Simpson has been selected to provide professional services for said
Project; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement for Professional Services dated May 13, 2019, between the City of
Pueblo, a Colorado Municipal Corporation, and Logan Simpson, 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 Mayor is hereby authorized to execute and deliver said Agreement on behalf of the
City of Pueblo, and the Acting City Clerk shall affix the Seal of the City thereto and attest same.
SECTION 3.
Funds in the amount of $27,489 for said professional services shall be paid from Capital
Project PL1803.
SECTION 4.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Resolution and the attached Agreement to implement the policies and
procedures described herein.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED May 13. 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-9
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
May 13, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND LOGAN SIMPSON, RELATING TO
THE DOWNTOWN HISTORIC SURVEY PART 2 PROJECT AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
SUMMARY:
This Resolution approves an Agreement for Professional Services relating to the
Downtown Historic Survey Part 2 Project.
PREVIOUS COUNCIL ACTION:
The Pueblo City Council established Project PL1803 and budgeted and appropriated
$5,773 on December 26, 2018 by Ordinance No. 9395. A State Historical Grant 2019-
M2-007 in the amount of $20,616 and donations totaling $1,110 were approved and
budgeted by Ordinance No. 9418 on February 28, 2019.
BACKGROUND:
The City solicited proposals (Bid No. 19-011) for consultants to provide an intensive
survey and recommendations for 15 buildings in downtown Pueblo, Colorado. The
Project will include public meetings, completion of a survey report, and supplementing
the existing historic context document of downtown, Part 1. This Project completes
previous survey work and will provide further information to determine the eligibility of a
potential downtown historic district. Three consulting firms submitted proposals and
Logan Simpson was selected as the most qualified to complete the Project.
FINANCIAL IMPLICATIONS:
Funds for the Professional Service Agreement in the amount of $27,489 shall be
available from Capital Project PL1803. The estimated hours of staff time to assist with
this Project will total approximately 140 hours.
BOARD/COMMISSION RECOMMENDATION:
The Pueblo Historic Preservation Commission has recommended the Project.
STAKEHOLDER PROCESS:
The Pueblo Downtown Association, Pueblo Urban Renewal Authority, Historic Pueblo,
Inc., and other partners have been briefed about the Project since 2018.
ALTERNATIVES:
Denial of this Resolution will result in the delay of the Project.
RECOMMENDATIONS:
Approve the Resolution.
Attachments:
ProposedResolution
Agreement
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 13th day of May,2019,by and between the City of Pueblo,a
Colorado Municipal Corporation (hereinafter referred to as "Client") and Logan Simpson Design, Inc. (hereinafter
referred to as "Consultant") for Consultant to render professional services for Client with respect to Bid #19-011,
Historic Downtown Survey,Part 2 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 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 consulting services in connection with its work on the Project.In the
event this Agreement follows the selection of Consultant by Client pursuant to a Request for Proposals(RFP)all of the
requirements of that 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 reports
and other services,notwithstanding Client's initial acceptance of 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;and 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 labor and equipment 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.
Consultant—General—CA 04-18 Bid 19-011 Page 1
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(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,
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. $24,990.00,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,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$5,000.00 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 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
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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.
SECTION 5.TERM AND TERMINATION
(a) Term. The term of this Agreement begins on the Effective Date and ends on May 31,2020,unless
sooner terminated in accordance with this Agreement. City reserves the right to extend the term of this Agreement in
one-year increments by written acceptance of both parties.
(b) Fund Appropriation. This agreement is expressly made subject to the limitations of the Colorado
Constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi-year fiscal
obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, §20 of the
Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other
provision of this agreement,with respect to any financial obligation of City which may arise under this agreement in any
fiscal year after the current year, in the event the budget or other means of appropriations for any such year fails to
provide funds in sufficient amounts to discharge such obligation,such failure shall not constitute a default by or breach of
this agreement. The termination of this Agreement due to lack of funding shall be without penalty to the City.
(c) 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,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.
(d) 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).
(e) 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 consistent with the degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances at the same time in the same or similar
locale, 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.
(f) 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.
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SECTION 7. USE OF DOCUMENTS.
(a) Data, plans, 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 or nature 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, plans,reports and all other 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. 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.Said Commercial General
Liability Insurance policy shall contain an endorsement waiving subrogation against the Client.
(iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible of not more than$50,000.
(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
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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 written 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: Naomi Hedden,
Purchasing Director, 230 S.Mechanic,Pueblo,CO 81003or to Consultant at Logan Simpson Design,Inc.,213 Linden
St., Ste. 300,Ft.Collins,CO 80524. 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,
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color, religion, sex,national origin, disability, gender orientation or age. Consultant shall endeavor to insure that its
employees are treated during employment without regard to their race, color, religion, sex,national origin, disability,
gender orientation 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 11. 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.
(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
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Department of Labor and Employment (hereinafter referred to as "CDLE") made in the course of an
investigation that CDLE is undertaking pursuant to its authority under§8-17.5-102(5),C.R.S.
(d) Violation of this Section 11 by the Contractor shall constitute a breach of contract and grounds for
termination. In the event of such termination, the Contractor shall be liable for Client's actual and consequential
damages.
(e) As used in this Section 11,the terms"subcontractor"and"subconsultant"shall mean any subconsultant
or subcontractor of Consultant rendering services within the scope of this Agreement.
SECTION 12. 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 Attachment B 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.
CITY OF PUEBLO,A MUNICIPAL CORPORATION CONSULTANT FIRM NAME/
dr
By �,�fe. By:
City ayor (7' r R{�;l� La uQ Ic.A
Atte's Cil4 äM'1W1S9 Title: 1,1s C2ipQ\
Rutin c, City Clerk
[ SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
''..--'..-.-" / ("-"----e
Director of Finance
APPROVED AS TO FORM:
. -.4")44,. -1 "i<7 0 \(:, (_
City Attorney
Consultant—General—CA 04-18 Bid 19-011 Page 7
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SCHEDULE 1—BASIC SERVICES
Excerpt from RFP Section 3. Objective, Scope of Service
Reference to Appendix E in RFP shall be referred to as Appendix A for this Agreement
3.1 Objective
The City of Pueblo is soliciting Consultant/Contractors to provide an intensive survey and recommendations for 15
buildings in downtown Pueblo,Colorado.The Consultant/Contractor will use the State of Colorado Office of Archeology
and Historic Preservation (OAHP) Architectural Inventory Form 1403. The project will include public meetings,
completion of a survey report,and supplementing the historic context of downtown,which will illuminate how certain
buildings pivotally contributed to the commercial development of Downtown Pueblo.This project builds on previous
survey work and will provide further information to determine the eligibility of a potential downtown historic district.
3.2 Locations
The following table lists building proposed for intensive surveys; only 15 buildings will be selected. For additional
information refer to page 56 of the Downtown Pueblo Historic Context,Part 1.
In addition,a map is attached as Appendix D.
Smithsonian Number Street Number Street Name
5PE555 201 N.Main Street
5PE584 426 N. Santa Fe Avenue
5PE1157 101 N.Main Street
5PE1164 121 W.4th Street
5PE1200 412-414 N. Santa Fe Avenue
5PE2253 620 N. Santa Fe Avenue
5PE2267* 215 W.2nd Street
5PE2268 225 W. 2nd Street
5PE2273 107-109 W. 6th Street
5PE8214 620-624 N.Main Street
5PE8237 127 N. Santa Fe Avenue
5PE8248* 301 W. 8th Street
5PE8258 315 W.4th Street
5PE8262 209 W. 7th Street
5PE8271 327;304 Court Street;W.4th Street
5PE8298 201-219 N. Grand Avenue
3.3 Project Timeframe and Milestones
• March 1, 2019-Contract starts between City and SHF
• April30,2019-Initial consultation(contract/agreement)between SHF staff,City,and Consultant/Contractor
• May 2019 - 1st Public Meeting Kick-off. Consultant/Contractor and stakeholders, including the Historic
Preservation Commission(HPC), staff,partner organizations,and property and business owners.
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• May 2019—Start Intensive Survey
• September 2019-Deliver draft of intensive survey and historic context to City Staff
• October 2019-Present progress report to the Historic Preservation Commission
• November 2019- Submit draft surveys and context report to SHF
• February 2020-Submit final architectural surveys,report,and photos to SHF.
• March 2020-3`d Public Meeting
• April 2020-Final Report Complete
• May 2020-4th Public Meeting
3.4 Proposed Scope of Work
Refer to Appendix A for detailed Scope of Work based on the State Historical Fund grant contract SHF-2019-M2-007.
Appendix A includes the following State Historical Fund grant contract Exhibits:
• Scope of Work(Exhibit A)
• Budget(Exhibit B)
• List of Submittals and Project Deliverables(Exhibit C)
• State Historical Fund Provisions (Exhibit D)
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SCHEDULE 2—REVISED FEE SCHEDULE
Consultant revised the proposed Fee Schedule to concur with the allocated budget on Appendix A, Exhibit B
(4/29/19)
2.8 FEE SCHEDULE
Logan Simpson commits to performing all tasks included in the City of Pueblo RFQ—Historic Property
Survey of Downtown Pueblo—for a total fixed fee of$24.990(see breakdown below).All prices quoted will
be firm for a period of 120 days after this proposal has been accepted.Our total fixed fee is based upon the
following assumptions:
• 15 buildings require field documentation
• A survey report covering all 15 buildings and 15 Architecture Inventory Forms will be completed
that include photographs,etc.
• A historic context report will be prepared
• Participation in two of four public meetings.One public meeting will be held in coordination with
the survey.
• The City of Pueblo staff will provide assistance in planning,coordinating,advertising,and
facilitation of logistics of public meetings
If through the course of the project,additional efforts beyond those described above are needed,then a
modification to this scope of work and cost estimate will be required.
City of Pueblo,Downtown Historic Survey Fee Estimate
Task Labor Expenses Total
Task A. Public Outreach $1,770 — $1,770
Task B. Survey and Report $10,311 — $10,311
Task C. Historic Context $10,710 — $10,710
Task D.Expenses — $2,199 $2,199
Total $22,791 $2,199 $24,990
Consultant—General—CA 04-18 Bid 19-011 Page 10
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Appendix A
The following State Historical Fund Grant Contract Exhibits shall be consolidated and referenced as Appendix A:
• Scope of Work(Exhibit A)
• Budget(Exhibit B)
• List of Submittals and Project Deliverables(Exhibit C)
• State Historical Fund Provisions (Exhibit D)
Consultant—General—CA 04-18 Bid 19-011 Page 11
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City of Pueblo Exhibit A
Intensive Survey
Project 42019-M2-007
SCOPE OF WORK
I. Purpose: The purpose of this project is to complete an intensive survey of up to 15 commercial
buildings in Pueblo,Colorado. This project builds on previous survey work and will provide
fiuther information to determine the eligibility of a potential downtown historic district.
II. Scope of Work is as follows:
A. Public Outreach
1. Conduct at least four public meetings involving stakeholders,partner
orgalu 7ations,property and business owners,and citizens.
a. The selected survey consultant will conduct at least two public meetings,
including an initial meeting to review the project with interested parties
and receive input A final public meeting is also anticipated to review
survey results and findings.
b. City staff will conduct at least two additional public meetings to promote
the survey project and encourage historic preservation through the
formation of a Downtown Heritage Initiative.
B. Survey Forms and Survey Report
1. Finalize the list of properties for intensive survey.
2. Complete field work including research, photographs,documentation, and
interviews.
3. Prepare the Architectural Inventory Form(1403)for up to 15 buildings.
4. Complete survey report that presents findings and meets the Colorado Cultural
Resource Survey Manual report guidelines for historic architectural surveys.
C. Historic Context
1. Research and update the downtown historic context to provide the basis for
establishment of a downtown historic district.
ef8946dd-8362-4 a63 a9c0-8eO043 261956
Page 1 of 1 Exhibit A
Consultant—General—CA 04-18 Bid 19-011 Page 12
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City of Pueblo Exhibit B
Intensive Survey
Project 4019-1I2-007
BUDGET
TASK AMMO[. 'T
A Public Outreach $1,744
B. Survey Forms and Survey Report $10,327
C. Historic Context $10359
D. Direct Costs $2,160
PROJECT SUBTOTAL $24,990
Contingency?' $2,499
PROJECT TOTAL 527,489
Grant Award(75.00%) 520,616
Cash Match(25.00%) S6,873
Grant payments will be based off Project Subtotal amount. Total payments will be Grant Award percentage of
Project Subtotal up to a maximum of the Grant Award Amount should contingency be requested and approved.
fi Contingency-Must receive written approval from SHF Staff prior to use.
393b84e04431-47dc-8x26-01634bd2 3ce6
Page 1 of 1 Exhibit B
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City of Pueblo Exhibit C
Intensive Survey
Project#2019-M2-007
LIST OF SUBMITTALS
Project Reports Due Date Society Response
a_ Payment Request Form(Attachment 1). N/A Advance Payment of Grant
Deliverables#1-4 below must be reviewed and Award$7,497.
approved before Advance Payment is made.
b. Progress Report# 1 June 1, 2019 Review*
c. Progress Report#2 September 1, 2019 Review*
d. Progress Report#3 December 1,2019 Review*
e. Interim Financial Report(Attachment 1). December 15, 2019 ** Review&Approve.
Deliverables#5-8 below must be reviewed and Interim Payment of Grant
approved before Interim Payment is made. Award$9,371. -1-
f Progress Report#4 March 1, 2020 Review*
g. Progress Report#5 June 1, 2020 Review*
li Progress Report#6 September 1, 2020 Review*
i. Progress Report#7 December 1,2020 Review *
j. Final Financial Report(Attachment 1). December 15, 2020 Review&Approve.
*** Final Payment of Grant
Award$1,874.
*At the discretion of the SHF technical staff,progress reports may not receive a response.
**Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40%or
more of Advance has been expended and you are ready for the next payment.
***Final Payment is a reimbursement ONLY after all contractors have been paid_
tPayment may increase due to approval of contingency funds.
All deliverables and submittals must be received 30 days prior to the Award End Date.
Page 1 of 2 Exhibit C
t.VIIJULL(ALL-VN,N U,-�.A Vim-IU
Ll IU ,/-V,
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City of Pueblo Exhibit C
Intensive Survey
Project#2019-M2-007
PROJECT DELIVERABLES
Submit the following project deliverables:
Project Deliverables SHF Response
1. Initial Consultation with SHE Survey Specialist Review Comment and/or-Approve
2. Consultant Resume for Survey Consultant: (D) Review Comment and/or Approve
3. Subcontract Certification for Survey Consultant:(D) Review Comment and/or Approve
4.List of properties for intensive survey(D) Review Comment and/or Approve
5.Sample survey forms(2)(D) Review Comment and/or Approve
6.Draft Survey Forms(D) Review Comment and/or Approve
7.Draft Survey Report(D) Review Comment and/or Approve
8. Interim Consultation with Survey Specialist,if needed Review Comment and/or Approve
9.Final Survey Forms(D+HC) Review Comment and/or Approve
10. Final Survey Report(D+HC) Review Comment and/or Approve
11. Digital copies of high resolution photos(D) Review Comment and/or Approve
12. Documentation of public meetings and outreach(D) Review Comment and/or Approve
(D—indicates a digital copy is requested;HC—indicates a hard copy is requested)
[All digital deliverables need to be sent to HC_SHF@state.co.us and your assigned specialist]
a5b9c2 1 a-4bed-493d-S63b-001 dT fa4f69b
Page 2 of 2 Exhibit C
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City of Pueblo Exhibit D
Intensive Survey
Project#2019-M2-007
STATE HISTORICAL FUND PROVISIONS
1. STANDARDS OF WORK
The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit
A and produce the deliverables listed in Exhibit C in accordance with the pertinent sections of the
applicable Secretary of the Interior's Standards for Archaeology and Historic Preservation. The
Property Owner and Grant Recipient shall perform any and all survey activities and submittals in
accordance with the Survey Manual and How to Complete Colorado Cultural Resource Inventory
Forms,Volumes I and II,June 1998(Revised December 2001)for any and all survey activities and
projects(copies of which are available through History Colorado).
2. DISSEAIINATION OF ARCHAEOLOGICAL SITE LOCATIONS
The Grant Recipient and Property Owner agree to provide History Colorado with copies of any
archaeological surveys developed during the course of, or under a project financed either wholly or
in part by History Colorado.The Grant Recipient and Property Owner agree to otherwise restrict
access to such archaeological surveys,as well as access to any other information concerning ng the
nature and location of archaeological resources, in strict accordance with the provisions of History
Colorado-Office of Archaeology and Historic Preservation,Policy on Dissemination of
Information, adopted October 1991,a copy of which is available from History Colorado,
3. PUBLIC'ACKNOWLEDGEMENT OF f1I'DING SOURCE
In all publications and similar materials funded under this Agreement,a credit line shall be included
that reads: 'This project is/was paid for in part by a History Colorado—State Historical Fund
grant." In addition,History Colorado reserves the right to require that the following sentence be
included in any publication or similar material funded through this program: "The contents and
opinions contained herein do not necessarily reflect the views or policies of History Colorado".
4. MATCHING FUNDS
In the event that said matching funds, as provided in Cover Page&Exhibit B, become unavailable,
the State may, in its sole discretion,reduce its total funding commitment to the Project in
proportion to the reduction in matching funds. If the total funding set forth in the Project Budget is
not expended on completion of the Project,the State may reduce its pro-rata share of the
unexpended budget.
Page 1 of 2 Exhibit D
s VIIJ4111111.—V1:111.141— VT-10 UIU 1/lVI1 1 GS,. 10
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City of Pueblo Exhibit D
Intensive Survey
Project#2019-M2-007
5. QUAL.IF'ING EXPENDITURES
Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are
not eligible expenditures for State reimbursement If the Project involves matching funds the State
may allow prior expenditures in furtherance of the Scope of Work to be counted as part of such
matching finds_
6. BUDGET REsTSIONS
In the event budget line items need to be increased/decreased over 10% for any budget line item
Grantee shall provide a written request, in advance,with a detailed explanation and information for
the revision(s)in a form and manner approved by the State.
7. INTEREST EARNED
Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and
will be deducted from the final payment.
8. RECAPTURE
The following recapture provision shall apply only to a private/for-profit Property Owner: In the
event that the property, as a whole, is sold within a five-year period after completion of the grant,
the following recapture provision shall apily: If the property is sold within the first year after
completion, one-hundred percent (100%) of the funds awarded shall be returned to the State,with a
twenty percent(20%)reduction per year thereafter.
Page 2 of 2 Exhibit D
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