HomeMy WebLinkAboutDESIGN COLLABORATIVE - CONTRACT - RFP - P932 SPRING CANYON COMMUNITY PARK DESIGNPROFESSIONAL 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 Design Collaborative, 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 December 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.
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:
i,.�.... I ...
Professional: City: With Copy to:
Design Collaborative, Inc. City of Fort Collins, Purchasing City of Fort Collins,
2725 S. Franklin St. P.O. Box 580 Park Planning
Denver, CO 80210 Ft. Collins, CO 80522 P.O. Box 580
Attn: Liz Lancaster Attn: John Stephen Ft. Collins, CO 80522
Attn: Kathleen Benedict
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 on a time and reimbursable direct
cost basis according to the following schedule:
Hourly billing rates: Principal - $100/hr.
Technical - $ 60/hr.
Clerical - $ 30/hr.
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Reimbursable direct costs: $400.00
with maximum compensation (for both Professional's time and reimbursable direct costs)
not to exceed Thirteen Thousand Two Hundred Forty Dollars ($13,240.00). 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 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.
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. 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.
8. 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
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compensation hereunder for the payment of FICA, Workers' Compensation, other taxes
or benefits or for any other purpose.
9. 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.
10. 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.
11. 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.
12. 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.
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ATTEST:
NOTARY PUBLIC
STATE OF COLORADO
SS
COUNTY OF EL PASO
THE CITY OF FORT COLLINS, C'OLO.RADO
By:
_C
am s B. O'Neill II, CPPO, FNIGP
Director urchasing & Risk Management
DATE: �' O y
Design. Collaborative, Inc.
W;i7L�7�
The foregoing instrument was subscribed and sworn to before
me this ' t/t day of AvyvsT 2004F by Cu-giA6"jy A. LAt4rAs7kat
as of FXS4,y C'o Lt-A3o24TiyE /"c-,
My commission expires: l rZZA?
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Notary Public
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EXHIBIT A
III. Scope of Work
The following design services apply to this project and are the responsibility of Design
Collaborative, Inc. (Design Collaborative). These services are proposed to be billed on a
hourly not to exceed basis for the fees proposed below:
Work Description: This work includes production, review and coordination with the
design team during the preparation for each of the proposed public meetings. This work
includes review of existing conditions, collaborative design and strategy sessions with
the design team and the City, preparation for interest group meetings and public
meetings.
Items included in this Scope of Work
• Consultant Meetings: This item includes preparing for team meetings with the
consultant team, participating in team discussions, one anticipated charette design
sessions, and providing updates on public participation process at these meetings.
Anticipated number of meetings: 6
• Neighborhood/Interest Group/Individual Meeting: This item includes reviewing a list of
contacts provided by the City, strategizing with the consultant team and City, contacting
identified groups, meeting with contact and/or groups as determined, and remaining in
contact with group throughout public process. These meetings will be recorded with
meeting notes and distributed to the consultant team. Anticipated number of meetings:
12
• Public Meetings: This item includes strategizing with the consultant team and the City
on the content for each of these meetings, establishing goals, objectives and outline of
presentation, working with consultant team and City in preparing graphics for
presentation and hand-outs for the meeting, facilitating the public meeting, and
completing meeting notes for each meeting. Anticipated number of meetings: 4
• Communications:
o Web Site: This item includes overall planning and design for the project website
(produced by the City webmaster), gathering graphics and information for the
City webmaster, coordinating and updating information to provide to the City
webmaster, and providing follow up for any communication that comes from the
webpage.
o Press Releases: This item includes writing initial press releases, submitting to
City and design team for review and submitting to City and neighborhood
newspapers for publication.
Items not included in this Scope of Work: The following items may be necessary for this
project but are not included in this proposal:
• Public relations and press releases
• Development of a website
• Presentation graphics for interest group or public meetings (to be provided by BHA)
Y.Y.. �.. ..
Scope of Work Breakdown: Number of meetings listed above is approximate and can be
adjusted up or down, depending on time allotment, and as agreed upon between City
and Design Collaborative:
Proposed Public Participation Fee $12,840
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