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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. 3 "T e ,� cp , P , ; ccr lam IRA aA`M_ -.,. - �s, t + _ �4 � 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 ;g , ,.,f 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� u � 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