HomeMy WebLinkAbout14328
RESOLUTION NO. 14328
A RESOLUTION APPROVING AN AGREEMENT IN THE
AMOUNT OF $9,678 TO HGF ARCHITECTS, INC., AND
SETTING FORTH $2,000 FOR CONTINGENCIES, FOR
DESIGN SERVICES AS PART OF CAPITAL PROJECT NO.
LT1902 – DESIGN SERVICES FOR PUEBLO ICE ARENA
ADDITION PROJECT, AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE THE SAME
WHEREAS, competitive bids for Project No. LT1902 – Design Services for Pueblo
Ice Arena Addition Project have been received and examined, and;
WHEREAS, the proposal of HGF Architects, Inc., of Pueblo, Colorado was the
lowest of those bids determined to be responsible; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
City Council authorizes and approves the contract for professional design services
at the Pueblo Ice Arena with HGF Architects, Inc., Project No. LT1902 – Design Services
for Pueblo Ice Arena Addition Project, awarded to said bidder in the amount of $9,678.00.
SECTION 2.
In addition to the amount of the bid set forth, as aforementioned, an additional
$2,000.00 is hereby authorized for contingencies and additional work.
SECTION 3.
Funds for Project No. LT1902 have been budgeted and appropriated with funding
provided through the Conservation Trust Fund.
SECTION 4.
The Purchasing Agent is hereby authorized to execute said contract on behalf of
the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the
City thereto and attest the same.
SECTION 5.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the contract approved to effectuate
the policies and procedures described therein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED December 23, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
DEPUTY CITY CLERK
City Clerk’s Office Item # M-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 23, 2019
TO:
President Dennis E. Flores and Members of City Council
CC:
Nicholas A. Gradisar, Mayor
VIA:
Brenda Armijo, City Clerk
FROM:
Steven Meier, Director of Parks and Recreation
SUBJECT:
A RESOLUTION APPROVING AN AGREEMENT IN THE AMOUNT OF
$9,678 TO HGF ARCHITECTS, INC., AND SETTING FORTH $2,000 FOR
CONTINGENCIES, FOR DESIGN SERVICES AS PART OF CAPITAL
PROJECT NO. LT1902 – DESIGN SERVICES FOR PUEBLO ICE ARENA
ADDITION PROJECT, AND AUTHORIZING THE PURCHASING AGENT
TO EXECUTE THE SAME
SUMMARY:
This Resolution awards a contract to HGF Architects, Inc. for design services as part of
Capital Project No. LT1902 – Design Services for Pueblo Ice Arena Addition Project.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
During the 2008 renovation of the Pueblo Ice Arena, the Pueblo City/County Health
Department, in an effort to prevent possible transmission of bloodborne pathogens
located in the “snow” piles behind the arena, directed the City to dispose of this material
through the sanitary waste system via a heated snow melting pit on-site. For the past
eleven years, the Parks and Recreation Department has scheduled on a weekly basis
multiple staff to load and haul off these large snow piles for proper disposal at the City’s
Jim Dilorio Water Reclamation Facility because it has been unable to afford the building
of a new snow-melting site. The design of the new Zamboni room will allow for the ice
melt to be drained from the Zamboni room addition.
The Project will be looking at the conceptual design of new locker rooms (for the Pueblo
Bulls Junior Hockey program), medical rooms, equipment storage, office areas,
restrooms, a utility room, a garage, entrances, and exits.
FINANCIAL IMPLICATIONS:
The funding for this project has been budgeted and appropriated using Conservation
Trust Funds.
BOARD/COMMISSION RECOMMENDATION:
None
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
City Council could decline the approval of this agreement which would result in the Pueblo
Ice Arena Additions not being designed.
RECOMMENDATION
:
Approval of the Resolution.
Attachments:
RFP 19-059 Evaluation Summary
Agreement
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered this 23rd day of December, 2019, by and between the City of
Pueblo, a Colorado Municipal Corporation(hereinafter referred to as "Client")and HGF Architects, Inc. (hereinafter
referred to as"Consultant")for Consultant to render professional services for Client with respect to Project#LT1902,
Project Name:Design Services for Pueblo Ice Arena Addition 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)or
a Request for Qualifications(RFQ)all of the requirements of that RFP or RFQ 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.
(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
1
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. $9,678.00,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).
(0 In the event services under this Agreement are phased and to be performed in more than one fiscal
year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial
appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial
and subsequent annual appropriations.
SECTION 4. CLIENT'S RESPONSIBILITIES.
(a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant
information,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
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.
2
SECTION 5.TERM AND TERMINATION
(a) Term. The term of this Agreement begins on the Effective Date and ends on March 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 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.
(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.
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.
3
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$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
4
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:Steven Meier,
Director of Parks and Recreation, 800 Goodnight Avenue, Pueblo, Colorado 81005; or to Consultant at Attention:
Amy Hurtig-Smith, HGF Architects,Inc.,2602 N.Elizabeth Street,Pueblo,Colorado 81003.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 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 I 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,gender orientation or age. Consultant shall endeavor to ensure 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, 104`h Congress, as amended and expanded in Public Law 156, 108`h 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
5
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
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 12. Reserved for Project Specifics.
SECTION 13. 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.
6
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 HGF ARCHITECTS, INC.
By ��'v /M l By: -As-----014/11
Pur asing Agent
Attes4ULilati a4L11(u Title: President/Principal Architect
City Clerk tJ
[ SEAL ]
BALAN E OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
>A.Ak.vd 1, (7-itneat,
City Attorney
7
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1 101(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 . (If you answered"no"please proceed to signature section
at bottom of this page.)
(b) If you answered"yes"to(a)above,please answer the following question: Are you an individual,sole
proprietor or partnership,or a business or company owned or operated by a PERA Retiree or an affiliated party?
For purposes of responding to this question, 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. Yes ,No .
If you answered"yes"please state which of the above entities best describes your business:
(c) If you answered"yes"to both(a)and(b),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.
Please provide the name, address and social security number of each such PERA Retiree. If more than two, please attach a
supplemental list.
Name Address Social Security Number
Name Address Social Security Number
Failure to accurately complete,sign and return this document to the City of Pueblo may result in you being denied the
privilege of doing business with the City of Pueblo.
Company Name: Hurtig Gardner Froelich Architects, Inc.
Authorized Signature: *—Arn.b 1— Title: President/Principal Architect
Printed Name: Amy Hurtig-Smith Date: December 17,2019
8