HomeMy WebLinkAbout113008 EDAW INC - CONTRACT - RFP - P937PROFESSIONAL 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 EDAW Inc., 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 upon signing of this Agreement.
Services shall be completed no later than July 2, 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.
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:
Professional: City: With Copy to:
EDAW Inc. City of Fort Collins, Purchasing City of Fort Collins, DDA
240 E. Mountain Ave. P.O. Box 580 P.O. Box 580
Ft. Collins, CO 80524 Ft. Collins, CO 80522 Ft. Collins, CO 80522
Attn: Jana McKenzie Attn: John Stephen Attn: Chip Steiner
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
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
Thirteen Thousand Five Hundred Dollars ($13 500 00) plus reimbursable direct costs.
All such fees and costs shall not exceed Thirteen Thousand Seven Hundred Fifty Dollars
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($13,750.00). 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.
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 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.
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
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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 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.
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13. 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.
14. 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:
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gB. 'Neill II, CPPO, FNIGP .
Directchasing& Risk Management
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EXHIBIT A
Scope of Work
Meet with client on site:
0 Develop a consensus on overall approach and key
issues.
0 Conduct a site walk-through with client and city
planners to establish opportunities and
constraints.
Research key issues:
0 Obtain example images and information,
including work by city planners performed to
date.
0 Determine appropriate responses to issues based
on information obtained.
Based on research, develop a set of design principles,
including:
0 Graphic images (sketches and photos) that
articulate the principles.
0 Written narrative describing why principles are
important, why they are appropriate to Fort
Collins, and strategies for implementation.
Produce conceptual alley designs based on established
design principles, including:
0 Annotated plan view drawings of both alleys.
0 Elevations and sections of key areas.
0 Annotated perspective drawings illustrating overall
character of conceptual designs.
• Meet with client to present drafts of the above products
and receive feedback and direction
• Revise products according to client feedback.
• Develop an opinion of budgetary costs to acquire
materials and implement proposed conceptual designs.
• Prepare a final design report. Products include:
0 8.5" x 11" color report of drawings and text
descriptions.
0 CD of report, plans and drawings, suitable for
reproduction and PowerPoint presentations.
Examples of Perspective Drawings
Example of Photosimulation
® Concept Designs for Downtown Alleys - 3
Fee
Lump sum of $13,500, plus expenses.
Needs
• Current survey of both alley sites.
• Current building plans.
• Available infrastructure information.
Additional Services
• Surveying.
• Additional site visits and presentations.
• Computer simulations.
Schedule
Complete conceptual design report by July 2, 2004. ��rDv%G�PQ' ' It �Aaler-k
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® Concept Designs for Downtown Alleys - 4