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HomeMy WebLinkAbout292083 GEROU & ASSOCIATES - CONTRACT - RFP - P877 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 Gerou & Associates Civic Architecture, Ltd., 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 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 June 1, 2004. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. 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 1 Our firms have a strong desire to deliver our services in a timely and professional manner for a successful completion of this restoration. We are dedicated to the protection and restoration of our architectural and cultural heritage. It is our express desire to provide a level of service to the City of Fort Collins to provide the opportunity of working together on other projects. Cost and Work Hours Construction Documents (G&AL) Code / ADA Review (G&AL + BVH) Site trips (8 trips @ 5 hours each G&AL) Reports (8 reports @ 2.5 hours each — G&AL) 32.0 hours @ 65. 4.0 hours @ 100. 6.0 hours @ 100 40.0 hours @ 100 20.0 hours @ 100 2,080.00 400.00 600.00 $ 4,000.00 Owner Meetings / Correspondence (G&AL) 16.0 hours @ 100. 1,600.00 Historic Consultation & Review (BVH) 12.0 hours @ 100. 1,200.00 Contingency / General Project Management (G&AL) 1,120.00 Total Fee $ 13,000.00 Reimbursable expenses (postage, printing, etc.) $ 500.00 Knowledge and Expertise While both Gerou & associates and BVH have extensive historic preservation experience, there are some additional, very specific qualifications worth noting. Gerou & Associates has not only been involved in the historic preservation and the architectural design of hundreds of projects in Colorado, the firm has also served as the general contractor on over thirty custom homes, small office buildings, and historic projects. In particular, the firm is currently under contract to provide construction management services for the St. Marks / Stewart Hotel project in Evergreen. This three-year construction program is funded, in part, by the Colorado State Historical Society. The funding for the project was secured based on the Gerou & Associates' Historic Preservation Needs Assessment. Also, currently under construction is the Evergreen Lake Skate House, an existing log structure for which Gerou & Associates provided full architectural and structural construction documents. PSA 05/01 10 The firm has worked closely with the Evergreen Metropolitan District/City of Denver Parks and Recreation District on this highly visible, historically significant structure. References & Resumes Please review the enclosed resumes and list of references for both Gerou and Associates, Ltd. and BVH. We believe you will find no other team as specifically qualified for this project. PSA 05/01 11 Cost and Work Hours Construction Documents (G&AL) Code / ADA Review (G&AL + BVH) Site trips (8 trips @ 5 hours each G&AL) Reports (8 reports @ 2.5 hours EXHIBIT C 32.0 hours @ 65. 4.0 hours @ 100. 6.0 hours @ 100. 40.0 hours @ 100. $ each — G&AL) 20.0 hours @ 100 Owner Meetings / Correspondence (G&AL) 16.0 hours @ 100 Historic Consultation & Review (BVH) 12.0 hours @ 100 Contingency / General Project Management (G&AL) Total Fee Reimbursable expenses (postage, printing, etc.) PSA 05/01 12 2,080.00 400.00 600.00 4,000.00 2,000.00 1,600.00 1,200.00 1,120.00 $ 13,000.00 $ 500.00 Professional: City: With Copy to: Gerou & Associates Civic City of Fort Collins, Purchasing City of Fort Collins, Museum Architecture, Ltd. P.O. Box 580 P.O. Box 580 3064 Whitman Drive Ft. Collins, CO 80522 Ft. Collins, CO 80522 Evergreen, CO 80439 Attn: John Stephen Attn: Jill Stillwell 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. 5. 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. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: PSA 05/01 2 Cost and Work Hours Construction Documents (G&AL) Code / ADA Review (G&AL + BVH) Site trips (8 trips @ 5 hours each G&AL) Reports (8 reports @ 2.5 hours each — G&AL) 32.0 hours @ 65. 4.0 hours @ 100. 6.0 hours @ 100 40.0 hours @ 100 20.0 hours @ 100 2,080.00 400.00 600.00 $ 4,000.00 exl ff Owner Meetings / Correspondence (G&AL) 16.0 hours @ 100. 1,600.00 Historic Consultation & Review (BVH) 12.0 hours @ 100. 1,200.00 Contingency / General Project Management (G&AL) 1,120.00 Total Fee $ 13,000.00 Reimbursable expenses (postage, printing, etc.) $ 500.00 with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Thirteen Thousand Five Hundred Dollars ($13,500.00). The parties acknowledge that Bahr Vermeer Haecker Architects are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 PSA 05/01 3 approval of the Professional's reimbursable direct costs. 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 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 PSA 05/01 0 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, 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 PSA 05/01 5 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. THE CITY OF FORT COLLINS, COLORADO By: o. a s B. O'Neill II, CPPO, FNIGP DirectoKDF Purchasing & Risk Management DATE: �r L 2 , Ltd. By: Title: ' 2\ CORPORATE PRESIDENT OR VICE PRESIDENT Date: anrp� ATTEST: (Corporate Seal) C r ate Secretary Gre ory B. Gerou r, PSA 05/01 6 EXHIBIT A Proposal Background Originally located near South Shields and Harmony Roads, the Franz -Smith cabin was built c. 1882. Its owner, German immigrant Henry Franz, farmed alfalfa, sugar beets and worked in the Iamb industry. In approximately 1909 a second story attic was added to the home. After the Franz family moved off their homestead, the cabin was rented by the Smith family and later purchased by them in 1936. The hand-hewn square and round log structure was a residence until 1987 when it was sold to a developer with the stipulation that the cabin be saved and moved. The moving of this structure to its present location on the grounds of the Fort Collins Museum and its future restoration have been made possible through the generous donations both locally and nationally to the City of Fort Collins. This historic cabin consists of three rooms arranged around a central hearth with the targeted year of restoration at c.1920. This building will compliment the courtyard of the Fort Collins Museum. The courtyard contains Antoine Janis Cabin (c. 1859), Auntie Stone Cabin (c.1864) and the one -room 1904 Upper Boxelder Schoolhouse. Following the restoration and electrification of the Franz -Smith Cabin, the structure will provide a "three-dimensional, tactile experience" highlighting cabin construction, historic preservation treatments and material deterioration prevention. Over 70 years of the history of agriculture will be represented in this authentic example of the southern communities of Fort Collins. This project must maintain the standards set forth by the Colorado State Historical Fund in respect to budget, construction/preservation techniques, adherence to the Needs Assessment prepared in 2002, local building codes and accessibility requirements as set forth in ADA. Proposal Overview This proposal is for necessary architectural documents to demonstrate historic preservation techniques, on -site observation of project, monthly construction reports, and communication liaison between Museum staff and construction crews. It is understood that the consultant should strive to assure the project meets historic preservation philosophy standards and regulations. Architectural/Historical Services ■ Provide preservations construction techniques during construction process ■ Provide historical context and design consistent with documented and physical evidence ■ Consult with Museum Director, Museum staff and construction crews to maintain the integrity of the preservation standards and construction methods. • Provide necessary structural design as necessary • Coordinate applicable building code requirements with local building officials PSA 05/01 7 A detailed description of each of these services is included below. Scope of Project The scope of this project is the historic restoration of the Franz -Smith Cabin. Prior to any construction/restoration work, construction documents will be prepared to include the following scope of work outline: • Perimeter Foundation Drainage ■ Electrical Underground ■ Foundation System ■ Structural System ■ Exterior Wall Construction ■ Roof Framing and Roof System ■ Exterior Masonry Details ■ Door, Window, Hardware and Trim Specifications ■ Electrical Plans as Specified ■ Fire Detection System as Specified ■ Stair Details (Compliant with current building codes as required) ■ ADA Compliant Structures as Specified ■ Interior Finish Details and Finishes as Specified It is understood that work to be completed is to be in compliance with the Needs Assessment for this project as prepared by Anthony & Associates and the Colorado State University. The intent of the architectural design of this project is to reconstruct (as the needs assessment and budget allow) the original architecture and materials of this structure. New technology and innovations will be employed to aid in the repair and improved durability of the historic structure. All work is to be directed by the guidelines set forth in the Secretary of the Interior's Standards for the Treatment of Historic Properties — as applied by the Needs Assessment. Following the preparation and approval of construction documents, Gerou & Associates will provide services as the construction consultant for this project. Regular site visits, as determined by the scope of work, and coordination between the Museum Director and Staff (pertaining to the intent of the construction documents) will continue through the restoration of the building. Primary importance will be placed on the preservation of the historic architectural integrity of this building. It is understood that Gerou & Associates will be required to furnish monthly reports updating progress and issues pertaining to the construction process. Gerou & Associates is available to provide additional limited site visits to assist in solving problems and issues as they may arise in this reconstruction. PSA 05/01 8 Assigned Personnel Architectural Services / Drawings, Code/ADA Compliance & Team Coordination / Historic Context & Research Cheri R. Gerou, AIA, ASID, Principal in Charge Gerou & Associates, Ltd. 3064 Whitman Drive Evergreen, Colorado 80439 303.674.4177 / fax 303.670.4586 Project Responsibilities : Development of Construction Documents Coordination of Structural Details Construction Consultant Preparation of Monthly Progress Reports Dan Worth, AIA, Historical Investigation Specialist Bahr Vermeer Haecker Architects 121 South 13th Street Lincoln, Nebraska 68508 402.475.4551 Project Responsibilities: Review of Construction Documents Historic Consultation and Review Structural Analysis To be determined Availability/Motivation Gerou & Associates, Ltd. and BVH are available and committed to the timely completion of this project. Although limited in scope, this project is of great interest to the principals of both firms. Gerou & Associates has established a solid track record of successfully completed preservation projects, not only as the design architect and the historic architect for the preparation of various Needs Assessments, but also as the construction manager for private-, municipal- and state - funded preservation projects. The timeline and schedule have been clearly delineated in the information provided by the City of Fort Collins. The schedule listed below reiterates our commitment to your time -frame: Completion of Drawings and Specifications for Construction: 31 March 2003 Date of Review by State Historical Fund 31 March 2003 Commencement of Construction May 2003 Estimated Construction Completion February 2003 Required Date of Construction Completion June 2004 PSA 05/01 9