HomeMy WebLinkAbout113006 EDAW - CONTRACT - RFP - P957 OLD TOWN SQUARE PLAZA RENOVATIONPROFESSIONAL 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
eleven (11) 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. Services shall be
completed no later than June 15, 2005. 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 East Mountain Ave. P.O. Box 580 P.O. Box 580
Ft. Collins, CO 80524 Ft. Collins, CO 80522 Ft. Collins, CO 80522
Attn: John Stephen Attn: Chip Steiner
1
Geotechnical Report — CTL/Thompson will perform four exploratory borings (2 in each
alley) and prepare a complete geotechnical report with pavement design
recommendations for concrete, asphalt and unit pavers. CTL/Thompson will also meet
with the Design Team and make recommendations regarding the distressed unit paver
areas within the Old Town Mall.
Inventory and Analysis — The Design Team will perform an inventory of the project
area which addresses visual character, land use, architectural character, historic
designations, structural concerns, existing plant health recommendations, drainage issues,
lighting and view corridors. The maintenance and operation of the mall fountain will be
discussed the current operator and documented. The inventory will restrict itself to the
Project area and immediate adjacent properties. A photo record of existing conditions
within the Project area will be collected and keyed to a plan for use in the design process.
This will include images collected during rain to record existing problem drainage areas.
Charrette Agenda/Announcement — The Design Team will work with the Client to
prepare a charrette announcement and mailing list, develop the schedule, agenda and
specific decisions to be determine during the course of the day long workshop.
Example Photo Boards — Photo boards will be prepared for the Charrette demonstrating
a range of images for benches, trash, bollards, light standards, banners, signage and
plantings, murals, public art, and planters suitable for use in the Old Town Project.
Particular attention will be paid to the completed report's recommendations.
Preliminary Plan Alternatives — Prior to the Charrette, the Design Team will prepare
two alternative plans for the Project with differing design approaches. These will be used
to explore preferences and concerns from those in attendance.
Design Charrette — A one day workshop will be held in early December. The Design
Team (6 members) will present materials itemized above, the project schedule, and
conclude the Project introduction with a presentation of the two plan alternatives.
Discussion of the plan alternatives will focus on aesthetics, art, circulation, historic
context, tenant operations, vehicle restrictions, building access opportunities,
maintenance demands, regulatory constraints, signage, site furnishings, and lighting.
The Design Team will work with the Client to develop a list of key stakeholders critical
for the success of this project. It is critical to get everyone together so that all points of
view are heard by all, and when decisions are made, everyone understands the
combination of issues and perspectives that lead to the decisions. Buy in at this stage
from City staff, tenants and landowners will be a key element of this project's success. A
positive commitment will build the momentum that this Project requires to stay on
schedule. Unit costs will be discussed during the charrette so that the budgetary
considerations will also be understood. The conclusion of this day long effort will be a
composite plan which responds to the preferences, issues and concerns discussed this
day.
SCOPE OF SERVICES 3
OLD TOWN SQUARE PLAZA RENOVATION
Cost Update — An opinion of probable cost will be developed along with the composite
plan graphic for the Preferred Design Plan and included in the Charrette Summary.
Preliminary Maintenance Program Outline — This report will begin with discussions
at the charrette. The materials and equipment incorporated into the Preferred Design Plan
will be documented, and manufacturer's recommendation for maintenance will be
collected. Current maintenance practices will be explored and documented where
deemed successful. An outline will be developed for the complete Maintenance Program
Report. This report will be supplemented throughout the Construction by the Contractor
and finalized after construction product submittals are complete.
Charrette Summary — This will be a collection of the notes, plans, details and materials
selected and developed during the charrette. It will include the draft Maintenance
Program Report and the opinion of probable cost for the Preferred Design Plan. This
document will serve as the basis for all decisions that follow during the development of
the Construction Documents. Opportunities for art will be identified for future projects.
The appendices will include meeting notes from utility and agency meetings which occur
prior to the charrette, project schedule, as well as relevant sections of City codes and
standards.
City CRT Meeting — The Design Team will meet with the City's Conceptual Review
Team. The Preferred Design Plan will be presented and discussed. Meeting minutes will
be prepared and distributed.
Products:
1. Geotechnical Report
2. Survey plans with topography
3. Site Photographic inventory
4. 2 alternative Design Plans
5. Preferred Design Plan
6. Opinion of Probable cost
7. Preliminary Maintenance Program Outline
8. Charrette Summary
9. CRT Meeting minutes
Architectural and structural services are budgeted for costing and concept design in this
phase of work. Additional architectural or structural engineering services required during
development of Construction Documents will be negotiated after the scope is better
defined by the Preferred Design Plan. Construction documentation of the speaker's
podium (soapbox) is the one exception.
SCOPE OF SERVICES 4
OLD TOWN SQUARE PLAZA RENOVATION
CONSTRUCTION DOCUMENTS
In the Construction Documents (CD) phase, the Consultant shall provide those services
necessary to prepare for approval by the Client, from the approved Preferred Design Plan,
Construction Documents consisting of drawings, specifications, and other documents
setting forth in detail the requirements for construction of the Project, bidding and
contracting for the construction of the Project. All of the following elements will be
submitted at a 50%, 90%, and 100% (Bid Documents) level of development, unless noted
otherwise.
Base File and Standards Set-up — Consultant will combine survey and related digital
information collected and develop the standard title block, sheet layout and existing
conditions CAD file from which the team will work. Project CAD standards will be
distributed.
Demolition and Phasing Plan — A detailed demolition plan and supporting photos will
be included in the documents. Plan will serve to describe character and extents of
demolition and note operational constraints required by tenants for the continual
operation of all adjacent facilities.
Layout and Hardscape Plans — Plans will be developed in sufficient detail to
identifying all materials, dimensions, and associated details of hardscape features to a
level suitable for bidding.
Site Details — Site sections and details will be drafted and keyed to relevant locations in
the Layout Plans. Site details required for the Project will be of sufficient detail to
describe through sections, elevations and construction details, the final scope,
relationships, forms, size and appearance of all site features to a level suitable for
bidding.
Landscape Plans + Details — Landscape Plans and typical installation details will be
provided for all plant materials identified for installation on this Project. Specific plants
will be identified, quantified and sized. Only the annual beds will be designated but not
planted.
Irrigation Plans + Details — Fully automatic irrigation systems will be designed and
documented for all alley plantings. No plantings will be proposed that are not
automatically irrigated. This will include development of construction documents as
required for the Project of sufficient detail to describe through plans, construction details,
and specifications to establish the requirements of the irrigation system to a level suitable
for bidding. It is assumed that the irrigation system in the Old Town Mall area is
functioning and will only require minor adjustments or repairs. Details will cover
standard installation of mainline, laterals, sleeving, valves and valve boxes, quick
couplers, controllers, control wire and heads. Drip irrigation components will be
installed in areas where they will be protected from vandalism and traffic.
SCOPE OF SERVICES 5
OLD TOWN SQUARE PLAZA RENOVATION
Grading and Drainage Plans + Details — Services consist of preparation of civil
engineering calculations and preparation of a Drainage Report, drawings and
specifications based on the approved Preferred Design Plan documentation, setting forth
in detail the vertical elevation of all surfaces and stormwater system construction
requirements for the project. Stormwater details will rely on City of Fort Collins
Engineering design standards where applicable. It has been assumed that stormwater
detention or water quality improvements will not be required since the area of
impermeable surfacing is not expected to increase in any of the Project areas, and the
uses will not increase expected surface contaminant quantity.
Utility Plans, Profiles + Details - Services consist of preparation of drawings and
specifications based on the approved Preferred Design Plan documentation, setting forth
in detail the domestic water service construction requirements for the project. At this
point it is not anticipated that work will be performed requiring modification to existing
sanitary sewer systems, nor additional connections.
Electrical + Lighting Plans - Services consist of preparation of electrical engineering
calculations, drawings and specifications based on the approved Preferred Design Plan
documentation, setting forth in detail the electrical construction requirements for the
project. Lighting plan, circuiting plans, one line diagrams, schedule and specifications
will be developed. A photometrics plan will only be developed at the 50% construction
stage for lighting analysis. It is assumed that in the Old Town Mall portion of the project,
fixtures will be replaced on a one for one basis and not require additional circuits.
Specifications - Services consisting of activities of development and preparation of
bidding documents in City of Fort Collins, Engineering Division General Provisions and
Standard Specifications format, coordination of specifications prepared by other
disciplines, and compilation of the Project Manual. The 50% submittal will only include
technical specifications. The 90% and 100% submittal will include a bid form and
Project Special Conditions. It is assumed that the Client will provide the standard front
end contract documents including General Conditions.
Cost Estimate - Consultant will develop a report of a probable construction cost from
quantity surveys and unit costs of project elements. Estimates will be generalized as
appropriate for the designs' level of detail. Estimate will include a design contingency to
allow for scope changes commensurate with the level of design refinement and detail.
Additional allowances will be included for contractor's mobilization, bonding, overhead,
and profit, as well as construction contingencies for unforeseen conditions.
Quality Assurance - Consultant will assemble the draft 90% Construction Document
and review for design intent, consistency, coordination between disciplines, completeness
and response to Client comments. Redline comments will be incorporated into the draft
set and distributed to the respective disciplines.
SCOPE OF SERVICES 6
OLD TOWN SQUARE PLAZA RENOVATION
City Review - Client will compile and submit written review comments regarding each
Construction Document submittal. The Owners Representative will be responsible for
coordinating and compiling Client comments.
Products:
I . Drainage Report
2. 50% Construction Documents will include one full size set (22x34) and 5
half size sets (I I x17) of drawings, as well as 6 draft sets of technical
specifications, product cut sheets, and a cost report.
3. 90% Construction Documents will include one full size set (22x34) and 5
half size sets (l 1x17) of drawings, as well as 6 draft Project Manuals with
specifications, and a cost report.
4. One full size Mylar set of Final Construction Documents and one double
sided Project Manual. One PC compatible CD-ROM disk with all Project
AutoCAD 2004 format files and MS Word 2003 files for the Project
Manual.
CONSTRUCTION BIDDING SERVICES
Pre -Bidding - Consultant will act in support of the City project Manager to answer
questions from bidding contractors.
Pre -Bid Meeting + Site Visit - The Consultant will hold a pre -bid inspection conference
for the prospective bidders.
Respond to Bidders Questions - Consultant will answer inquiries from prospective
bidders and materials suppliers.
Addendums - The Consultant will prepare any necessary addenda for distribution by the
Project Manager.
Review Contractor Qualifications - Consultant will comment on Contractor
qualifications and assist Client in finalizing terms and conditions with selected Bidder.
Award Contract - City will award contract to accepted Bidder.
CONSTRUCTION ASSISTANCE (CA)
Site Visits (As Needed) - The Prime Consultant will make weekly site visits. Additional
site representation will occur by each design consultant as noted in their respective
contracts. Consultant will review shop drawings and submittals related to their
discipline, and visit the project site during periods of active construction to observe
construction progress. Consultant will advise the Client regarding interpretation of the
Construction Document, change orders, field directives, supplemental instructions, test
SCOPE OF SERVICES
OLD TOWN SQUARE PLAZA RENOVATION
results, and other potential construction issues. For each visit, a field report will be
prepared and a copy provided to the Client. The level of involvement (hours) assumed by
each consultant team member is contained in Attachment C, Spreadsheet of Labor and
Expenses. Changes in the duration of construction, elements to be constructed, or
increased responsibility for construction oversight will constitute a basis for changes to
this contract. No site visits by King Survey, Sharon Lockwood, Clanton Associates,
Waterline Fountains or CTL/Thompson is currently included in the Work.
Respond to RFI's - Design Team members will review shop drawings and submittals
related to their discipline in a timely fashion.
Weekly Construction Meetings - The Prime Consultant will attend eight construction
meetings as requested by the Client. Additional site representation will occur by each
design consultant as noted in their respective Scope of Services agreement.
Substantial Completion Walk-Thru — Once notified by the Owner's Representative
that the project is nearing substantial completion, the Consultant will review the level of
completion of Project and prepare a Punchlist itemizing apparent deficiencies in Project
Work.
Final Walk-Thru — Upon notice by Contractor that punchlist items have been corrected
or resolved, Consultant will make a final site observation to verify correction of all
punchlist items.
Maintenance Program Report (O&M manual) — Contractor is to provide a 3 inch
three ring binder with all submittals organized by specification sections, with dividers for
each CSI Division 1 — 16. For each product or system, Contractor shall include written
manufacturer's recommendation for maintenance. Consultant will add additional
information collected during the initial phase of work.
Record Documents — Consultant will provide Contractor with one full size set of Mylar
drawings and a CD-ROM with AutoCAD Ver. 2004 files for all Construction
Documents. It will be the responsibility of the Contractor to compile all field records into
a complete set of Record Documents and deliver to the Owner's Representative.
SCOPE OF SERVICES 8
OLD TOWN SQUARE PLAZA RENOVATION
FEES
Below is a summary of fees by phase. See Attachment B, spreadsheet of Labor and
Expenses for a complete breakdown of the budgeted level of effort for specific tasks.
Master
Consultant
Meedn sT
Plan
CD
Bid Assist
CA
Totals
Subtotals
$19,064.93
$62,035.33
$74,962.14
$3,836.29
$17,272.66
$177,171.35
Expenses
$1,239.22
$4,032.30
$4,872.54
$249.36
$1,122.72
$11,516.14
Grand Total $188 687.48
Table A
Fees for this Work assumes a total budget as identified in the City Request For Proposals,
and a Project completion date in May of 2005. Changes exceeding 15% in either the
budget or the Project duration will be cause for contract adjustment of fees and/or
duration.
EXCLUSIONS
EA or EIS preparation
Platting and zoning changes
Hazardous materials testing, impact analysis, mitigation or reports
SHPO or Colorado Office of Archaeology and Historic Preservation (OAHP) review or
clearances
Utility line relocations
Cost for potholing utilities.
Cost for additional mobilization of survey crews for survey of potholed utilities.
R.O.W. negotiations
CDOT coordination, review or permits
City Project Development Plan submittal. Administrative review only.
It is assumed that a Transportation Impact Analysis will not be required.
No special natural area or environmental study or report pursuant to Section 3.3 of the
Land Use Code will he required.
No development agreement or final utility plans will be required.
No deeds of dedication (contingent on final approval) for easements or rights -of -way to
be dedicated to the City both onsite and off -site will be required.
No land title work is required. Any property descriptions required by agencies will be
provided by the Client.
Street cross sections schematics
SCOPE OF SERVICES 9
OLD TOWN SQUARE PLAZA RENOVATION
REQUIRED SERVICES FROM CLIENT
Client will provide a list of City review agency contacts for all design scope items.
Client will assemble the Design Team stakeholder members. The completion of the
Design Team are those stakeholders or City staff deemed key to the decision process of
this Project.
Client will provide the name and address of each owner of property within the boundaries
of the development plan area.
List of names of all general and limited partners and/or officers involve as either
applicants or owners.
SCOPE OF SERVICES 10
OLD TOWN SQUARE PLAZA RENOVATION
No Text
OLD TOWN SQUARE PLAZA RENOV ATION and
TRIMBLE COURT AND TENNEY COURT ALLEY IMPROVEMENTS
ATTACHMENT B
EDAW, Inc.
su.mw
4ag[ I ul l
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
�i,o�,00a
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: Exhibit B
with maximum compensation (for both Professional's time and reimbursable direct costs)
not to exceed One Hundred Eighty-eight Thousand Six Hundred Eighty-seven Dollars
and Forty-eight cents ($188,687.48). The parties acknowledge that BHA Design
Incorporated, The Architects' Studio, Ackerman Engineering, Inc., Clanton & Associates,
2
OLD TON N SQUARE PLAZA RENOVATION avd
TRIMBLE COURT AND TENNEY COURT ALLEY IMPROVEMENTS
ATTACHMENT B
EDAW IM.
1,:; l+
OLD TOWN SQUARE PLAZA RENOVATION and
TRIMBLE COURT AND TENNEY COURT ALLEY IMPROVEMENTS
ATTACHMENT B
EDAN', Ins.
rIOV-23-2004 TUE 01:00 PM EDAW INC FAX NO. 970 484 8518 P. 02
EXHIBIT C
EDAW
Fort Collins Standard hourly Rate Schedule
Effective February, 2004
SCIIEDULE OF FEES
for Professional Services
Position Hpur. ly Rate_s
Principals
$150.00 -
$177.00
Senior Associates
$100,00 -
$138.00
Associates
$89.00 -
$120.00
Landscape Architect/planner
$54.00
- $88.00
Draftsperson
$40.00
- $55.00
Administrative/'Word Processing
$46.00
- $70.00
Reit_nbursable 1 Ypenses
Consultants: Cost plus 10%-
Travel: Private vehicles a current government rate as regulated by the I.R.S.
Commercial travel and related expenses at cost plus 10%.
Taxes: Any tax and/or fees imposed by a taxing authority based upon gross
revenues or sales shall be reimbursable in addition to the fee stated in this
contract.
Other project expenses: Cost plus 10%.
Such as: Printing, graphics, photography and reproduction, rental or purchase of
special equipment and materials, long distance telephone, fit, special
shipping or delivery, models and renderings, lodging and subsistence.
L:\Documents\Contract.;\Schcdule of Fees 2004,doC
4IOV-23-2004 TUE 01:00 PM EDAW INC
FAX NO. 970 484 8518
P. 03
ackerman
Cto
13542 West 5911 Avenue, Suite A, Golden, Colorado 80403
Phone 303-238-3293 / Fax 303-238-9009
Billing Rates For 2004/2005
President
Engineer
Lighting Designer
GAD Operator
Administrative Assistant
$100.00/Hr
$100.00/Hr
$100.00/Hr
$50.00/Hr
$50.00/Hr
P.\2004\04040031.01\oocumenhs\Contract\ACkerman\Billing Rates 20004-05.doc
NOV-23-2004 TUE 01:00 PM EDAW INC FAX NO, 970 484 8518 P. 04
TAS STANDARD BILLING RATES
PROJECT MANAGER $105.00 / HR
ARCHITECT $85.00 / HR
INTERN 1 $75.00 / HR
INTERN 2 $65.00 / HR
INTERN 3 $55.00 / HR
CLERICAL $40.00 / HR
Pape 1 of 1 P:12004\04040071.011Documents\Contract1TAS1TAS STANDARD BILLING RATE
Architecture
Planning
151 West Mountain Avenue Fork Collins, Colo970-482-8125 FAX 970-482-8450
NOV-23-2004 TUE 01:00 PM EDAW [NO FAX N0, 970 484 8518 P, 05
Hourly Rates
BHA Design Incorporated
Labor fees for BHA Design are based on the following hourly rates:
PROFESSIONAL HOURLY_ RATE
4W Principal $ 85 - 120
Project Manager $ 75 - 95
Landscape Architect $ 55 - 80
Administrative $ 50 - 70
Hourly Rates Page r
'NOV-23-2004 TUE 01:01 PM EDAW INC FAX NO. 970 484 8518 P. 06
CTL/Thompson, Inc.
375 E. Horsetooth Rd
Building 3, Suite 100
Fort Collins, CO 80525
Old Town Alleys
STANDARD RATE TABLE
Item
Unit
Unit Cost
Field
Mobilization
LS
$126
Locates
Hr
$50
Permit Applications
Hr
$75
Rig
Hr
$125
Supervision
Hr
$75
Traffic Control
LS
$500
Patch holes
Hr
$60
Laboratory
Natural moisture/density
Ea
$10
Gradation
Ea
$45
200 wash
Fa
$30
Hydrometer
Ea
$70
Atterberg Limits
Ea
$65
Swell/consolidation
Fa
$40
Swell/consolidation, with loadback
Ea
$60
Suction
Ea
$45
Unconfined compression
Ea
$35
Water Soluble Sulfates
Ea
$40
Resistivity
Fa
$85
Resilient Modulus
Ea
$500
Hveem'r" value or CBR
Ea
$400
std Proctor
Ea
$95
Engineering
Engineering Technician
Hr
$50
Staff Engineer/Geologist
Hr
$75
Project engineer
Hr
$85
Project Manager
Hr
$95
Associate
Hr
$115
Principal
Hr
$135
Senior Principal
Hr
$176
19 November 2004
NOV-23-2004 TUE 01:01 PM EDAW INC
11/22/2004 09:09 3706965021
FAX NO. 970 484 8518 P. 07
KING SURVEYORS INC WAGE 92/02
Survevors, Inc.
Rate Schedule
July 195 2004
9299 Eastman Park OrIve
Windsor, Colorado 80560
(970) 6130-OU i i rax:
Registered Land Surveyor (Larry Pepek) $71•00/hr• (RLS)
Field:
Surveying Technician I $55.00/hr. (S Tech n
Surveying Technician II $48.50/ht. (S Tech II)
Surveying Technician III $41.50/hr. (S Tech IM
Crew Rata (2-man) $112.50/hr. (2-man)
GPS Crew $112.50/hr. (GPS Crew)
Draftsman :
CAD Technician I (Kyle Rutz)
$55.00/hr.
(Draft I)
CAD Technician II
$48.50/hr.
(Draft II)
CAD Technician 111
$41.50/hr.
(Draft III)
Clerical
$29.50/hr.
(Clef)
A.T.V. 4-wheeler
$17.50/hr.
Monument Boxes
$66.00/ea.
Copies:
8 '/z X 11"
$0.15 /copy
8'/z X 14"
$0.20/copy
11 X 17"
$0.25/copy
18 X 24" prints
$1.50/copy
24 X 36" prints
$2.00/copy
24 X 36" Mylars
$8.00/copy
**All copies & meetings are billed in addition to estimates, unless otherwise noted.**
**All fees are subject to change without notice**
*NOV-23-2004 TUE 01:01 PM EDAW INC FAX NO. 970 484 8518 P. 08
Designer: Sharon A. Lockwood
415 R. Pitkin St.
Fort Collins, CO 80524
(970) 482- lq \
{r� Old -{Tr " 5 trc t�!`Zt�,ov�,l in hone: b� O7
Client: r �%� �� C t-
Address• .,,� a �• 1-���-� i Vt .t-�
t. I.ANSCAPE DESIGN PHASE
Due at first meeting, a non-refundable retainer fee of $
a) Preliminary Design:
Upon receipt of the retainer fee Designer will conduct site/client analysis and prepare
preliminary landscape conceptual drawings.
The preliminary plan will be of a general nature and will have design consideration of
drainage, planting concepts, paving and structures (decks, water features, fences, walls),
and other garden features where applicable.
This plan will be reviewed by Client and changed where necessary.
b) Final Design:
Based on Client approval of preliminary drawings, Designer will
proceed with the preparation of a final landscape plan. This plan will include materials
specified by name, size, type, and quantity. The final plan will be colored to assist Client
visualization of the project. Assuming prompt client response, final design should be
completed within 3 weeks from execution of this Agreement.
Due upon presentation of final plau(s)
TOTAL DESIGN FEE $l�l ✓U
a. ADDrI"11ONAL CHANGES
_ . Any additional services not contemplated by 1Lia proposal/agreement or attributable to changes
made to the final landscape plan must be set forth in a separate written agreement between the
parties.
3. 'GERMINATION
Notwithstanding the above, either party may terminate this agreement upon written notice to the
other. In the event of such termination Designer shall be entitled to payment for effort expended.
This shall be based upon a time change of $go.00 per hour, as of date of termination.
This proposal/agreement once signed shall serve as an agreement for the design services.
NOV-23-2004 TUE 01:01 PM EDAW ]NO FAX NO. 970 484 8518 P. 09
Waterline Fountains
Dominic Shaw
Director of Water Features
Tel 970.207,9697
Fax 970.207.9698
dshaw@waterlinefou.ntains_com
RE: Standard rate
From: "Dominic Shaw" <dshaw@waterlinefountains.Com]
To: "Bradley Smith" <SmithB@edaw.comn
Date: 14-Oct-04 2:45:53 PM
Subject: RF: Ft. Collins Old Town square & alleys proposal
Just divide by $100/hour
From: Bradley Smith [mailto:SmithBeedaw.Com]
Sent: Thursday, October 14, 2004 2:16 PM
To: Dominic Shaw
Subject: RE: Ft. Collins Old Town Square & alleys proposal
Dominic, could you give me the hours by phase, or the rate z should use
to
divide those out?
Thanks,
Bradley smith
h
Sharon Lockwood Horticulturalist/Landscape Designer, King Surveyors, Inc., and
Waterline Studios, are not parties to this agreement. However, the rates listed for
services to be provided by these subcontractors shall be the rates paid by the City to the
Professional for these services. If the amount charged by these subcontractors exceeds
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 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. 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.
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RTIFICATE NUMBER
? SEA-000823948-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRO^UCER
MARSH RISK & INSURANCE SERVICES
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
P- O. BOX 193880
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
SAN FRANCISCO, CA 94119-3880
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
CALIFORNIA LICENSE NO. 0437153
COMPANIES AFFORDING COVERAGE
COMPANY
102734—CONST—WS—
A ST. PAUL FIRE & MARINE INS. CO.
INSURED
COMPANY
EDAW, INC.
B HARTFORD FIRE INSURANCE CO
240 E. MOUNTAIN AVENUE
COMPANY
FORT COLLINS, CO 80524
C TWIN CITY FIRE INSURANCE CO./HARTFORD
COMPANY
D ZURICH AMERICAN INS CO
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f�ti!mm
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDNY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL
LIABILITY
CK09402588
07/01/04
07/01/05
GENERAL AGGREGATE
$ 2,000,000
X
PRODUCTS -COMP/OPAGG
$ 2,000,000
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE I —XI OCCUR
PERSONAL &ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
OWNER'S& CONTRACTOR'S PROT
X
FIRE DAMAGE (Any me fire)
$ 500,000
MED EXP (Any oneperson)
$ 10,000
B
AUTOMOBILE
LIABILITY
57UENTL6235
07/01/04
07/01/05
COMBINED SINGLE LIMIT
$ 1,000,000
X
ANY AUTO
BODILY INJURY
(Per person)
$
ALLOWNEDAUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY
ANY AUTO
EACHACCIDENT
$�
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
C
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
57WENP6960
07/01/04
07/01/05
X I TORYLIMITs ER
EL EACH ACCIDENT
$ 1,000,000
THE PROPRIETOR/ X INCL
PARTNERSIEXECUTIVE
OFFICERSARE: EXCL
EL DISEASE -POLICY LIMIT
$ 1,000,000
EL DISEASE -EACH EMPLOYEE
$ 1,000,000
D
OTHER
PROFESSIONAL LIABILITY
EOC 9379410-00
03/24/04
03/24/05
PER CLAIM 1,000,000
AGGREGATE 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS
RE: PROJECT #04030071.01 / OLD TOWN SQUARE PLAZA RENOVATIONS P-957
THIS CERTIFICATE IS ISSUED AS RESPECTS LIABILITY ARISING OUT OF THE WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED.
INSURANCE IS PRIMARY AND NONCONTRIBUTING WITH OTHER INSURANCE My�A�yINt,TAINED� BY THE CERTIFICATE HOLDER.
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL E966Xy4YPW MAIL _ 3 DAYS WRITTEN NOTICE TO THE
CITY OF FORT COLLINS
ATTN: JOHN STEPHEN, CPPO/SENIOR BUYER
CERTIFICATE HOLDER NAMED HEREIN,
P.O. BOX 580
E
FORT COLLINS, CO 80522-0580
xxxxxxxxxxxx
MARSH USA INC.
BY: Michio Nekota
+
d 1,142}-.,° VALID AS OF: 11/29/04
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on inception
date of the policy unless a different date is indicated below.
(The tWrg mgMqhIng damew need be oomploW only when this endorsement Is issued subsequent to Wpwafion- of the pDHOY).
This endorsement, effOctive 12:01 AM 07/01/04 forms a pant of Policy No. 57WENP6960
issued to EDAW, INC.
By TWIN CITIES FIRE 114SURANGF- 0014PANY
We 11sVj3 the right to recover our payments from anyone liab-te for an injury covered
this policy. We will not enforce our right against any person or Organization for
whom you perform work under a written eoutraet that requires you to obtain this
agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not name
in tho agretaftent.
AS REQUIR20 BY MITTEN CONTRACT
This does not apply in the states of kenusylvauia and Utah.
Gounifm4gried by
M
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.
al
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.
s
ra
�,4UA A,
City ler�
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APPR . VE ' AS T» O
Assistant'City Attornev
THE CITY OF FORT COLLINS, COLORADO
a es B. O'Neill II, CPPO, FNIGP
Di (ect of Purchasing & Risk Management
DATE: 12-1/? /6'
EDAW Inc.
By:
Title: Y(CE ;4-eSictEnT
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: l
W
ATTEST:
NOT
J PUSLIC
Julie M. Wallace, Notary Public
State of Colorado OF Ci "
My Commission Expires 2/29/2008
EDAW, Inc.
A California Corporation
At a regularly scheduled meeting of the EDAW, Inc. Board of Directors held October 27, 2001 the
following officers of the corporation were elected. These officers are duly authorized to commit the
corporation in the execution of contracts and agreements and shall have such other powers and duties as
the Board of Directors may prescribe.
EDAW, Inc. Officers
Barbara L. Faga, Chair of the Board
Joseph E. Brown, Co -Chair, President/CEO
David H. Blau, Senior Vice President/Secretary
Stephen D. Quiggle, Vice President of Strategy
and Finance/Treasurer/Assistant Secretary
Dana Waymire, Chief Financial Officer
Howard B. Altman, Senior Vice President
Robert Pell, Senior Vice President
Donald Smith, Senior Vice President
William Vitek, Senior Vice President
Curtis E. Aping, Vice President
Leonardo Alvarez, Vice President
Rosalind Bergeron, Vice President
Russell L. Butler, 11, Vice President
Dennis Carmichael, Vice President
Andross Chan, Vice President
James H. Cleland, Ph.D., Vice President
Roger Courteney, Vice President
William D'Elia, Vice President
Tim Delorm, Vice President
Richard Dorrier, Vice President
Michael A. Downs, Vice President
Allen Folks, Vice President
H. Cales Givens, Vice President
Bill Hanway, Vice President
Ellen Heath, Vice President
Gregory Hurst, Vice President
James Hyatt, Vice President
Gary Jakobs, Vice President
Thomas M. Keith, Vice President
Thomas M. Larkin, Vice President
Patrick Lau, Vice President
Jacinta McCann, Vice President
Paul Moyer, Vice President
Jason Prior, Vice President
Herbert R. Schaal, Vice President
Steven Scott, Vice President
Brodie Stephens, Vice President
Jill Sterrett, Vice President
Jason Uyeda, Vice President
Jack L. White, Vice President
Laura Wiberg, Vice President
The foregoing resolution was approved by EDAW, Inc. Board of Directors on October 27, 2001.
1,. o
David H. BI u, Secretary
iL. Faga,
board:ofrxnhnolution
It
Linda B. ter rg, Notary Public
r LINDA S. UTTERSER6
COMM. a 1220828 33
li Notary Public - Calft
SAN FRANCISCOCOUNTV CD
LMy Comm. Expires MAY 25.2003
EXHIBIT A
EDAW INC
240 EAST MOUNTAIN AVE
FORT COLLINS COLORADO
8 0 5 2 4
SCOPE OF SERVICES
OLD TOWN SQUARE PLAZA RENOVATION
PROJECT NO. P-957
15 November 2004
Scope of Services
Herein, the Downtown Development Authority (Owner) and City of Fort Collins is
referred to as the Client. EDAW, Inc. is defined as the prime consultant (PC). The
Owner's Representative will be as designated by the City of Fort Collins. The team of
design and engineering professionals joined by this contract to perform services
described herein shall be referred to as the Consultant. The Design Team is the
Consultant and those stakeholders assembled by the Owner's Representative for the
purposes of review and comment on the project documents. It is assumed that the
Owner's Representative will work with the Consultant to coordinate attendance of other
City department representatives and stakeholders through the design process, as needed.
Generally, this Scope of Services is for the design and construction document preparation
of the renovation of Old Town Square Plaza and for improvements to the Trimble Court
and Tenney Court alleys (See Attachment A for extents of Project area). The Consultant
will provide all services necessary to prepare design development plans and construction
documentation for bidding by the City for the renovation of Old Town Square Plaza and
for the redevelopment of the two alleys. Also included is assistance during bidding and
construction phases of this Project. It is assumed that this Project will be documented as
one project.
MEETINGS
Project Start-up Meeting - Once contracted for services, a Project Start-up Meeting will
be held to discuss initial tasks, responsibility and deadlines. A complete Project schedule
will be presented for discussion and distribution.
Project Progress Meetings (Bi-weekly) — Prior to issuing this project for bidding, the
Design Team will meet every two weeks for coordination and schedule review.
Comments from Client will be reviewed, and action items determined for incorporating
responses to comments into the design documents. Outstanding coordination issues will
be resolved. Action items will be identified and related to critical path items in the
SCOPE OF SERVICES
OLD TOWN SQUARE PLAZA RENOVATION
project schedule. Meeting minutes and a revised schedule will be developed and
distributed to the Design Team.
Utility Coordination Meetings (4 total) — Two meetings with utility or service
companies are budgeted in our fee schedule. These meetings will solicit concerns and
standards, pursue cost sharing opportunities, and review specific points of conflict that
may arise within these constrained spaces.
Consultant will attend two meetings in assistance to Client, towards the effort of
consolidating trash services for stakeholders currently using Project area for their refuse
handling needs. Consultant will be present to answer questions relating to Project design
and construction.
Agency Coordination + Meetings (4 total) — The Design Team will collect relevant
codes and standards to assure efficient processing of project documents. After a Master
Plan is refined, the Design Team will meet with the City Concept Review Team assigned
to this Project. Follow up meetings with authorities having jurisdiction such as City
Engineering, Traffic, Stormwater and Planning will be scheduled as required.
Public Meetings (2 total) — The Design Team will provide graphic support and a
representative will attend two public meetings to present and listen to comments from
stakeholders and citizens. One of these public meetings should take place shortly after
the Design Charrette to present the vision for this significant Old Town project.
City Board Meetings (4 total) - The Design Team will provide graphic support and a
representative will attend four City Board meetings as requested by the DDA.
MASTER PLAN / DESIGN DEVELOPMENT
Base data collection — Design Team will assemble base information collected from the
DDA, current Old Town management, and City agencies and disseminate to the
subconsultants. Utilities will be inventoried and additional information required
determined and surveyed. Potholing will be coordinated with appropriate utility owners,
where necessary to accurately tie down critical utility locations and/or elevations.
Coordination efforts and surveying of exposed utiltities are included in the Scope of
Services. Actual costs of potholing are not included in this scope.
Existing Conditions Survey (Trimble & Tenney) — Survey will include the full widths
of the alleys and any coves for doorways, dumpster enclosures, items that protrude out
from the walls, ledges, steps, entrances, finish floors, utility connections, drainage
facilities and the lines between concrete and brick work on the ground.
Existing Conditions Survey (Old Town Square) - Survey will include the full widths of
the alleys and any coves for doorways, dumpster enclosures, items that protrude out from
the walls, ledges, steps, entrances, finish floors, utility connections, drainage facilities
and the lines between concrete and brick work on the ground. These surveys will be
provided in AutoCAD 2000 format as well as one record set of stamped mylar prints.
SCOPE OF SERVICES 2
OLD TOWN SQUARE PLAZA RENOVATION