HomeMy WebLinkAbout113006 EDAW INC - CONTRACT - PURCHASE ORDER - P922 CHILDRENS GARDENSPROFESSIONAL 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) page, 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 signing of this Agreement. Services
shall be completed no later than September 1, 2004, for schematic design. and construction
documents and administration shall be determined by change order. 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, Parks City of Fort Collins, Purchasing
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: Herbert Schaal Attn: Steve Seefeld 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, Protect 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 $100,000.
5. Compensation. In consideration of the services to be performed pursuant to this
Agreement through schematic design, the City agrees to pay Professional a fixed fee in the
amount of Eighteen Thousand Dollars ($18,000.00) plus reimbursable direct costs. All such
fees and costs shall not exceed Twenty Thousand Dollars ($20,000.00). 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.
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. Proiect 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 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.
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.
THE CITY OF FORT COLLINS, COLORADO
1 By: l I ts+—e (CMG
es B. O'Neill II, CPPO, FNIGP
Die or of Purchasing & Risk Management
DATE: /LZ "1
EDAW Inc.
By:
Title:
CORPORATE ESIDENT OR VICE PRESIDENT
Date: 4�
ATTEST:
(Corporate Seal)
Corporate Secretary
EXHIBIT A
Scope of Work
This Scope of Work for design services for The Children's Gardens at the Gardens
on Spring Creek is directed to EDAW, Incorporated.
1. Initial Meeting
• Review data with Client.
2. Prepare for Workshop
Develop agenda.
• Prepare presentation on children's gardens.
• Conduct site analysis
• Prepare base sheets.
• Develop conceptual cost model.
Collect sense of place examples.
• Develop some conceptual themes and features.
• Review master report.
• Review statement of purpose.
• Develop alternative organizational concepts.
3. Workshop
• Day 1 (a.m.) — Meet with Client's Design Committee. Review prepared items from #2 above, and
receive thoughts and ideas from Committee.
• Day 1 (p.m.) — Consultant develops alternative plans.
• Day 2 (a.m.) — Review plans and concepts with Design Committee and receive direction.
• Day 2 (p.m.) — Refine plans and cost estimate.
• Day 3 (a.m.) — Present plans to Design Committee and other stakeholders and receive direction.
4. Schematic Design
• Based on Day 3 comments:
- Prepare draft schematic design report, including:
o Identifying design build opportunities
o Testing ideas as needed
o Evaluation of sustainability using LEEDT"' checklist
o Estimating costs to fit within budget
o Graphics to communicate ideas
Review and evaluate draft schematic design report with staff.
Complete schematic design report and make presentation to Design Committee and
stakeholders.
5. Construction Documents (to be determined)
6. Construction Administration (to be determined)
EXHIBIT B
EDAW
Fort Collins Standard Hourly Rate Schedule
Effective February, 2004
SCHEDULE OF FEES
for Professional Services
Position
Hourly Rates
Principals
$177.00
Senior Associates
$138.00
Associates
$120.00
Landscape Architect/Planner
$88.00
Draftsperson
$55.00
Administrative/Word Processing
$70.00
Reimbursable Expenses
Consultants: Cost plus 10%.
Travel: Private vehicles @ current government rate as regulated by the I.R.S.
Commercial travel and related expenses at cost plus 10%.
Other project expenses: Cost plus 10%.
Such as: Printing, graphics, photography and reproduction, rental or purchase of
special equipment and materials, long distance telephone, fax, special
shipping or delivery, models and renderings, lodging and subsistence