HomeMy WebLinkAboutSCHEUBER & DARDEN ARCHITECTS - CONTRACT - RFP - P838 HISTORIC PRESERVATION CONSULTANTPROFESSIONAL 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 Scheuber + Darden Architects LLC, hereinafter referred to as
"Professional".
WITNESSETH:
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 attached hereto as Exhibit "A", consisting of two (2) 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 within five (5) days following execution
of this Agreement. Services shall be completed no later than February 15, 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:
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Professional: City:
Scheuber + Darden Architects City of Fort Collins,
3025 South Parker Road Advance Planning
Suite 941 P.O. Box 580
Aurora, CO 80014 Ft. Collins, CO 80522
Attn: Barbara Darden, R.A. I Attn: Carol Tuner
With Copy to:
City of Fort Collins, Purchasing
P.O. Box 580
Ft. Collins, CO 80522
Attn: John Stephen
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 $1,000,000.
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 Six Thousand
Dollars ($6,000.00) for Historic Structure Assessment and Related Activities, Three Thousand
Seven Hundred Fifty Dollars ($3,750.00) for Historic Building Preservation/Stabilization Plan,
and Two Hundred Fifty Dollars ($250.00) for Reimbursable Expense Allowance (Photography,
printing, copying, postage, color copies, mileage, etc.) plus reimbursable direct costs (see
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Exhibit "B"). All such fees and costs shall not exceed Ten Thousand Dollars ($10,000.00).
Monthly partial payments based upon the Professional's billings and itemized statements are
permissible. The amounts of all such partial payments shall be based upon the Professional's
City -verified progress in completing the services to be performed pursuant hereto and upon the
City's approval of the Professional's actual reimbursable expenses. Final payment shall be
made following acceptance of the work by the City. Upon final payment, all designs, plans,
reports, specifications, drawings, and other services rendered by the Professional shall become
the sole property of the City.
7. 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.
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival quality, prepared on
stable mylar base material using a non -fading process to prove for long storage and high quality
reproduction.
9. 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,
10. 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
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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.
11. 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
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.
12. 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.
13. 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.
14. 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.
15. 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,
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employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. 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
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
THE CITY OF FORT COLLINS, COLORADO
By: (J) 66-A iP
VJ s B. O'Neill II, CPPO, FNIGP
Director urchasing & Risk Management
DATE: ? Z 13 � O "Z _
Scheubeerrr + Darden Architects LL/C
By: "O- • I
Title: MAAnd.Wne
CORPORATE PREJSIDVT OR VICE PRESIDENT
Date: kL.,w /lj 2GipZ.
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EXHIBIT A
II SCOPE OF WORK
BACKGROUND INFORMATION
In 1996, the City of Fort Collins, through their Natural Resources Department, purchased the
Nix Farm that dates to the 1870s. The farm, overlooking the Poudre River in northeast Fort
Collins, is planned to be offices, maintenance facilities and an education center for the city's
Natural Areas Program. Much history has been gathered about the farm, including library and
historic preservation office research, and oral interviews. The farm was designated a local
landmark district in 2001. A preliminary history is attached.
The historic buildings on site number four: a west, large, stuccoed, Craftsman farmhouse
believed to have been the original dwelling, an east tri-gabled ell, wood -framed, farmhouse
rumored to have been moved onto the site in 1950, a magnificent banked barn, and a concrete
and timber loafing shed. (Pictures are attached.) The west farmhouse is currently undergoing a
rehabilitation for reuse as office space for Natural Areas administrative personnel and rangers.
It will not be the subject of this project other than researching its history. The barn and loafing
shed are stabilized for the time being, but raccoons invaded the east farmhouse roof last fall.
The extremely deteriorated wood shingle roof was torn off and replaced with rolled roofing. The
city, through Advance Planning Historic Preservation staff, has applied this April 2002 for a
State Historical Fund grant for financial assistance to re -roof with the more expensive but
historically correct wood shingles, and to install period half -round gutters.
This RFP concerns only the east farmhouse. barn. and loafina shed
PROJECT DESCRIPTION
This project is to get a preservation consultant(s) on board to assist with preparing the
information required for a State Historical Fund Historic Structure Assessment (HSA) grant
application, and then completing the HSA once it is awarded. Then the results of the HSA will
be used by city historic preservation staff to prepare an acquisition and development grant in the
October 2002 round, so there may be a possibility of further services once the rehabilitation of
the buildings has begun.
SCOPE OF SERVICES
The services required include those disciplines necessary to complete the requirements of a
Historic Structure Assessment report for the interior and exterior of the east farmhouse, barn
and loafing shed. Principal disciplines necessary would be historical research, historical
architecture, accurate rehabilitation budgeting and scope of work, preservation structural
engineering, etc. The city is already in possession of renovation drawings with
recommendations, prepared by an architectural firm (drawings attached), so new drawings of
the barn and east farmhouse should not be necessary. However, these recommendations need
to be evaluated on the basis of historic preservation philosophy, standards and regulations. A
description of what is needed follows, but it may not be all-inclusive.
Historical Research — A title search needs to be done, further oral interviews, agricultural and
property ownership map research, newspaper search, a library historic file search of past
owners, photo search and any other sources a consultant may, identify. The information
prepared for the HSA then can be used for interpretation at the site.
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Historical Architecture — The consultant needs to be able to recommend appropriate restoration
or reconstruction elements for the east farmhouse, barn and shed based on documentary and
physical evidence. There are questions still to be answered, such as if the barn had a wood
roof originally and if the shed addition on the rear of the east farmhouse is historic, then how
should it be restored. The east farmhouse particularly is a sleuthing challenge inside and out as
windows and doors have been changed. The project requires an experienced historical
architect who can determine the designs and intent of the original architect and is aware that
preserving this historic farmhouse is not a "design opportunity."
Accurate Rehabilitation Budgeting and Scope of Work Preparation — These elements will be
required of the selected consultant for preparation of the proposed HSA grant application by city
historic preservation staff.
Preservation Structural Engineering — The east farmhouse is alleged to have been two houses
that formerly existed to house railroad workers along the Mason St. railroad tracks near W.
Mulberry St., and it is said that they were joined together in the move to the farm. Corroborating
this story is the fact that both that particular block downtown and the farm were owned by
Charles Evans, prominent citizen. The barn is believed to have some structural problems and a
slight lean. A structural engineer needs to evaluate these problems and any others that are
identified with the subject buildings. A qualified structural engineer should be able to
incorporate selective code and safety enhancements, but limit verbatim application of new
building code compliance mandates (apply the UCBC and alternative equivalents.)
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EXHIBIT B
PROJECT BUDGET
Professional Services
Historic Structure Assessment and related activities
Historic Building Preservation/Stabilization Plan
Reimbursable Expense Allowance (photography,
Printing, copying, postage, color copies, mileage, etc.)
TOTAL
Grant Request Total
$6,000.00 $6,000.00
$3,750.00 $3,750.00
250.00 250.00
$10,000.00 $10,000.00
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