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HomeMy WebLinkAbout278819 HISTORITECTURE - CONTRACT - RFP - P894 HISTORIC SURVEY OF SCHOOLSPROFESSIONAL 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 Historitecture, L.L.C., 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. The Work & Payment Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work & Payment Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement. Services shall be completed no later than May 31, 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: 03 Professional: City: With Copy to: Historitecture City of Fort Collins City of Fort Collins Attn: Adam Thomas Attn: Purchasing Attn: Karen McWilliams PO Box 419 PO Box 580 PO Box 580 Estes Park CO 80517 Fort Collins, CO 80522 Fort Collins, CO 80522 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 N/A 6. 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 Twenty -One Thousand Dollars ($21,000) plus reimbursable direct costs. All such fees and costs shall not exceed Twenty -Three Thousand Dollars ($23,000). Partial payments will be made based upon the receipt and approval of submittals per Exhibit "B". 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 03 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. 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 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 03 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 parry 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 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 03 THE CITY OF FORT COLLINS, COLORADO By: B. O'Neill II, CPPO, FN P Dir;ia4mes r of Purchasing & Risk Management DATE: 8 /I-e3 Historicultur C. By: Title:�E,,'n/rT� CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) 'eCe fie4ocSt�� Corporate Secretary 03 Exhibit "A" Scope of Work Survey and Survey Report: The successful consulting firm will conduct intensive -level surveys of, and prepare a Colorado Cultural Resource Survey Architectural Inventory Form for each of approximately 40 properties owned by the Poudre School District containing buildings or structures built prior to 1970. Nearly all of these properties are schools or school -related resources; however, a few properties may be farmsteads or similar properties purchased by the District as potential sites for future schools. The consultant will need to provide detailed architectural descriptions and in-depth historical research for both primary and secondary structures, as well as a professional assessment of significance and integrity, evaluating each resource's eligibility for designation as a Fort Collins Landmark and for listing on the National Register of Historic Places. The Advance Planning Department will supply the consultant with an Access database of the Architectural Inventory Form to be used in recording the data. All inventory forms and reports will be submitted in this digital format as well as in hard copy. Professional quality black & white 35mm photography of all buildings and structures, with details of significant features, is required. Two copies of each 35mm print will need to be produced and properly labeled. Archival sleeves will be provided by the Advance Planning Department. A photo CD of each roll of film will also be required, and should be requested each time the 35mm prints are being developed. A comprehensive photographic log and an organized catalog of negatives and prints will need to be submitted with the final report. All digital images, negatives and prints taken during the course of the project will become the property of the Poudre School District and City of Fort Collins. The consultant will complete both draft and final survey reports, following the format of the Colorado Cultural Resource Survey Manual. The consultant will provide one original of the draft report, and five (5) originals of the final survey report. The report will need to include in part a complete bibliography; a definition and description of all appropriate property types, including images of representative examples; tables of properties identified by address, site number, eligibility, and resource type; and a discussion of identifiable data gaps and pertinent research questions for future studies. USGS 7.5' quad maps and planning maps, clearly delineating the boundaries of the survey area and identifying the resources by site number and eligibility, will also be required. All survey work must be completed to the standards of the National Park Service and the Colorado Historical Society, as detailed in the Societys Colorado Cultural Resource Survey Manual. Survey work shall also meet the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation published September 29, 1983 in the Federal Register. Context: The consultant will research and prepare a comprehensive context on the historic, social and architectural development of schools and school -related buildings and structures, from the 1860s to 2000, located within the Poudre School District boundaries or historically related to schools within the boundaries. To develop the context, the consultant will need to conduct in-depth research in order to provide a detailed history of the topic. In addition to the physical manifestations, the context will discuss historical events, educational philosophies, and the people significant in shaping education in our area, i.e. school superintendents, teachers, boards of education, and politicians, as well as architects and contractors. The consultant will provide one original of the draft context, and five (5) originals of the final context. All notes, photocopies, and ephemeral materials which the consultant prepares or acquires during the 03 course of the project are to be submitted in an organized manner with the final contexts, and will become the property of the Poudre School District and City of Fort Collins. Nomination(s) - Based upon the results of the survey information and in consultation with the Poudre School District and Advance Planning staff, the consultant will prepare National Register of Historic Places and/or Fort Collins Landmark nomination form(s) for no more than three properties. The consultant will need to submit two originals of each nomination prepared. Progress Reports and Meetings - The consultant will provide a monthly progress report describing work both completed and underway, and will meet with the project manager as needed. Additionally, the consultant will attend up to two public meetings, with the Poudre School District Board of Education and the City's Landmark Preservation Commission, and one public open house. The consultant is responsible for notifying and obtaining permission from the Poudre School District Operations Staff (Christina Romero, (970) 490-3537) prior to each entry onto any district property. 03 Exhibit "B" Project Performance and Payment Schedule Products Due Date Advance Planning Department Response Payment Progress Reports of Each M Month Review/Approve None Draft Historic Context October 15, 2003 Review/Approve $5,750 (Upon City approval) Draft Inventory Forms; Draft Survey Report. January 5, 2004 Review/Approve $5,750 (Upon City approval) Final Historic Context - Five originals; Final Inventory Forms —Two sets; March 1, 2004 Review/Approve $5,750 (Upon City approval) Maps - Five sets. Meetings with Poudre R-1 Board of Education and with Landmark March/April 2004 None Preservation Commission Open House April 2004 None National Register and/or Fort Collins Balance Landmark Nomination Forms (up to (Not to exceed $5,750) three properties) - Five originals of May 1, 2004 Review/Approve Upon final CHS and each nomination prepared; City approval of all Final Survey Report - Five originals. deliverables 03