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HomeMy WebLinkAbout264868 SWCA ENVIRONMENTAL CONSULTANTS - CONTRACT - RFP - P814 CULTURAL RESOURCE IVNENTORYPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and SWCA ENVIRONMENTAL CONSULTANTS, INC., hereinafter referred to as "Professional". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services, schedule of submittals, and meeting schedule attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon signing of this Agreement. Services shall be completed no later than March 31, 2003. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: PSA 05/01 Exhibit A - Continued Public Meeting Schedule: The schedule for the five (5) public meetings that will be attended by SWAC Environmental Consultants, Inc. is as follows: 1. Neighborhood meeting with the Buckingham, Alta Vista, and Andersonville neighborhoods will be prior to the commencement of the survey, mid to late March, 2002. 2. Landmark Preservation Commission meeting after the draft inventory forms are submitted, during July or August 2002. 3. Second meeting with the Buckingham, Alta Vista, and Andersonville neighborhood residents to discuss the results of the survey, during July or August 2002. 4. Second meeting with the Landmark Preservation Commission after the submission of the designation nominations, February 2003. 5. One meeting will be held in reserve to respond to any neighborhood issues or concerns that should arise. Additional meetings between City staff and SWAC staff will be held on an as needed basis. i " " '�'. With Copy to: SWCA Environmental Consultants City of Fort Collins City of FortCollins 8461 Turnpike Drive Purchasing Div. Advance Planning Suite 100 P.O. Box 580 P.O. Box 580 Westminster, CO 80031 Ft. Collins, CO 80522 Ft. Collins, CO 80522 Attn: Bill Martin Attn: Keith I. Ashby Attn: Karen McWilliams In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of N/A 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Thirty-eight Thousand Dollars ($38,000). All such fees and costs shall not exceed Thirty-eight Thousand Dollars ($38,000). Partial payments will be made based upon the receipt and approval of Submittals per Exhibit "A". Final payment shall be made following acceptance of the submittals PSA 05/01 I by the Colorado Historical Society and the City of Fort Collins Advance Planning Department. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. Failure to provide any required submittals may, at the option of the City, suspend the processing of any partial payment request. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Maps. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible maps for the project as described in Exhibit "A" containing accurate information. Maps shall be of archival quality, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as PSA 05/01 3 an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting Party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent PSA 05/01 4 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. THE CITY OF FORT COLLINS, COLORADO n Johlf F. Fischbach City Manager By: Ja s B. O'Neill II, CPPO, FNIGP Direc Purrcch/a'sing & Risk Management DATE: SWCA Environrnoij�al gansultants, Inc. an CORPORATE PRESIDENT OR VICE PRESIDENT Date: ;ATTES(Corporate Seal) or a Secretary PSA 05/01 EXHIBIT A Cultural Resource Inventory of the Buckingham, Alta Vista, and Andersonville Neighborhoods Project Description - The City of Fort Collins Advance Planning Department is requesting proposals from qualified firms to prepare a cultural resource survey of the approximately 150 properties in the Buckingham, Alta Vista and Andersonville Neighborhoods; to develop three historic contexts, on the sugar beet industry in Fort Collins, and on two ethnic groups in our community, the Germans from Russia and the Hispanics; and, as warranted, to prepare a Fort Collins Landmark District nomination for each neighborhood. Project Area and History - The Buckingham, Alta Vista and Andersonville neighborhoods are located in the northeast part of Fort Collins, just north of the downtown area (see vicinity map). The three communities were developed as "company towns," to provide housing for workers at the nearby Great Western Sugar Company factory, built in 1902. To attract and retain experienced laborers, the company built two housing developments, Buckingham and Andersonville. These communities were soon filled with field workers originating from the German dominated Volga region of Russia. Buckingham, which consists of approximately eighty properties, is the oldest of the three ethnic neighborhoods, dating to 1902. Located immediately northeast of Buckingham, Andersonville was created in 1903 and consists of approximately thirty-six properties. With the European labor supply cut off during World War I, the beet growers looked toward the Hispanic population from the south to supply the necessary labor. Alta Vista, first named "Spanish Colony," was built in 1923 for the sugar beet workers who migrated from southern Colorado, New Mexico and Mexico. Many of the company -built dwellings in Alta Vista were constructed of adobe. Located just north of the old sugar beet factory site, Alta Vista contains about thirty-five homes. Since the 1930's all three neighborhoods have been the center of Fort Collins' Hispanic culture. Scope of Services Survey - In order to document those properties potentially eligible for the National and State registers and for Fort Collins Landmark designation, the consultant will conduct an intensive - level survey of, and prepare a Colorado Cultural Resource Survey Architectural Inventory Form for each property within the three neighborhoods. This survey will: determine property types and the number of each property type; provide professional quality black & white photography of all primary and secondary structures; and will determine the distribution of historic buildings. The survey will also provide detailed architectural descriptions and in-depth historical research on each property. Finally, the consultant will provide a professional assessment of significance and integrity, evaluating each property for both Fort Collins Landmark eligibility and for National Register eligibility, under the appropriate criteria. Where information is not available, this will be indicated on the form(s). All notes, photocopies, and ephemeral materials which the consultant prepares or acquires during the course of the project will become the property of the Advance Planning Department, and will be submitted in an organized manner with the final report. All survey work will be completed to the standards of the Colorado Historical Society as detailed in the Society's Colorado Cultural Resource Survey Manual. Black & white 35mm photographs, showing oblique views of all elevations of each resource, are required. Additional photographs may be required to record significant features. Two copies of each print will be produced. Photographs shall be properly labeled in accordance with the Colorado Historical Society Colorado Cultural Resource Survey Manual. Archival quality sleeves for the photographs shall be provided by the Advance Planning Department. The consultant will prepare a comprehensive photographic log, to be submitted along with an organized catalog of negatives and prints for all photography. All negatives and prints taken during the course of the project will become the property of the Advance Planning Department, and will be submitted with the final report. The consultant will submit a USGS 7.5' quad map, plus a separate city plat or planning map, ink on Mylar, for each neighborhood. The maps will clearly delineate the boundaries of the survey area with a key that identifies the boundaries of eligible districts. Each of the resources will be clearly identified on the map by appropriate site number, and identified as contributing, non- contributing, or individually eligible for designation, both as Fort Collins Landmarks and for listing on the National Register. The consultant will complete both a Draft and a Final Survey Report that present the findings of the project, to include information on the project area, project objectives and methodology, relation to appropriate historic contexts, an explanation of the results, and a bibliography. The survey report will also include a listing of all the properties surveyed with their state identification numbers, and an evaluation of their significance. The reports will follow the format outlined in the Colorado Cultural Resource Survey Manual. The consultant will provide an original of the draft report, and an original and three (3) bound copies of the final survey report. Contexts - The consultant will prepare a comprehensive context on each of three related subjects: the sugar beet industry in Fort Collins, c.1880 to the present; the Germans from Russia in Fort Collins, c.1880 to the present; and the Hispanics in Fort Collins, c.1880 to the present. To prepare each context, the consultant will conduct in-depth research sufficient to provide a detailed description of the antecedences, beginning, development, and influence, of each subject, including the physical manifestations within the Fort Collins Urban Growth Area, but with a principal focus on the architecture and cultural landscape of the Buckingham, Alta Vista and Andersonville neighborhoods. The context will include a detailed and documented historic overview in narrative form; a thorough bibliography; a definition and description of all appropriate property types including images of representative examples, a discussion of the applicability of National Register and Fort Collins Landmark eligibility criteria, guidelines for the applicability of integrity standards for evaluation purposes, and a discussion of identifiable data gaps and pertinent research questions for future studies. Nominations) - Based upon the results of the survey information and in consultation with Historic Preservation staff, the consultant will determine the boundaries for up to three historic districts, and will prepare the Landmark District nomination form(s) for these districts. Due to the amount of alterations that have occurred in these three neighborhoods, it is anticipated that the nomination(s) would emphasize the areas' special characteristics and qualities relevant to their association with the three historic contexts, rather than a strict evaluation of architectural integrity. General - All inventory forms, reports, and attachments to the nomination(s) are to be submitted on a computer disc, as well as in hard copy. The Advance Planning Department will supply the consultant with a computerized version of the Colorado Cultural Resource Survey Architectural Inventory Form. Progress Reports and Meetings - The consultant will provide a monthly project report describing work both completed and underway, and will meet with the project manager as needed. Additionally, the consultant will attend up to five public meetings. These meetings will 2 be with the property owners in the Buckingham, Alta Vista, and Andersonville neighborhoods, and at least one meeting with the Landmark Preservation Commission. Exhibit A - Continued Cultural Resource Inventory and Contexts for the Buckingham, Alta Vista, and Andersonville Neighborhoods Schedule for Submittals: In addition to the monthly reports stated in the Professional Services Agreement, the following schedule is for items to be submitted by SWCA Environmental Consultants, Inc. (SWCA) to the City of Fort Collins Advance Planning Department (City) for the Cultural Resource Inventory and Contexts of the Buckingham, Andersonville, and Alta Vista Neighborhoods project. Payments to SWCA will be made as the City of Fort Collins Advance Planning Department receives and approves each of these deliverable items. Submittals by SWCA Date Due Advance Planning Methodology for evaluating properties. March 15, 2002 Department's Response Review/Approve Draft context of the sugar beet March 31, 2002 Review/Approve; industry. Draft contexts on the Hispanics and on April 30, 2002 Payment of $3,800 Review/Approve; the Germans from Russia. Payment of $7,600 Draft inventory forms for the first 75 May 31, 2002 Review/Approve; properties. Draft inventory forms for all remaining June 30, 2002 Payment of $3,800 Review/Approve; properties (approx. 75). Pa ment of $3,800 Draft survey report. July 31, 2002 Review/Approve; Final versions of survey report and the December 31, 2002 Payment of $3,800 Review/Approve; three contexts. Payment of $3,800 Completed Fort Collins Landmark January 31, 2003 Review/Approve; nominations for up to 3 districts. Payment of $3,800 All final revisions requested by the City March 31, 2003 Review/Approve; and the Colorado Historical Society Payment of $3,800 completed. All survey notes, photographs, ephemera, etc. submitted. Final Project Approval by Colorado Upon notification of Final Payment of $3,800 Historical Society and City of Fort final approval from Collins Advance Planning Department Colorado Historical Societ 0