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HomeMy WebLinkAboutRFP - P1098 HISTORICAL SURVEY POST WWII COMMERCIAL AND RESIDENTIAL ARCHITECTURE IN FORT COLLINS 1945 1967 (2)SA rev06/07 1 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 Historitecture LLC, hereinafter referred to as "Service Provider". 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence within five (5) days of signing, and shall continue in full force and effect until July 15, 2009, unless sooner terminated as herein provided. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. 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 Service Provider. 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: SA rev06/07 2 City: Service Provider: City of Fort Collins Historitecture LLC Attn: Purchasing Attn: Adam Thomas PO Box 580 PO Box 419 Fort Collins, CO 80522 Estes Park, CO 80517 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", consisting of one (1) pages, and incorporated herein by this reference. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. 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 SA rev06/07 3 provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, SA rev06/07 4 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. 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. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a SA rev06/07 5 specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “Basic Pilot Program”) in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: SA rev06/07 6 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. f. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. SA rev06/07 7 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ Historitecture LLC By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY SA rev06/07 8 EXHIBIT A SCOPE OF WORK P1098 Historic Context and Survey Post-World War II Commercial and Residential Architecture in Fort Collins, 1945 - 1967 SCOPE OF WORK AND DELIVERABLE PRODUCTS The project will be completed in the following steps: 1) In consultation with the OAHP, select a qualified consulting firm. 2) Execution of a contract with the successful firm. 3) In accordance with the Colorado Cultural Resource Survey Manual, the consultant will: A. Develop a scholarly context on post-World War II commercial and residential architecture in Fort Collins, from 1945 – 1967: a. Conduct thorough background research on the history, growth and development of Fort Collins, and on state, national and international trends affecting our community, including information on social and political trends and their architectural manifestations, on the development of new construction materials and techniques, and on innovations in community planning, as well as on significant area and regional architects and builders; b. Archival research and literature search, on existing documentation and source materials; c. Complete a file search of existing information at CHS/OAHP, at the Fort Collins Museum and Local History Archives, and in the City Planning and Engineering Departments. B. Conduct a reconnaissance survey of 5 selected residential subdivisions and of the College Avenue and Campus West commercial districts: a. In consultation with CHS, establish the methodology for the reconnaissance survey; b. Perform reconnaissance survey, noting good examples of intact post-WWII architecture, and examples of common alterations to these properties; document relevant examples through digital photography; c. In consultation with CHS, select properties for intensive level survey. C. Perform the intensive survey of 62 properties: a. Prepare a Colorado Cultural Resource Survey Architectural Inventory Form(OAHP #1403) for each property, including all primary and secondary buildings and structures; b. Provide a detailed architectural description and in-depth historical research for each building and structure; c. Provide professional quality black and white digital photography of all primary and secondary structures; d. Determine the number and distribution of resources by age, architectural style and type, construction materials, and property type; e. Provide a professional evaluation of each resource’s eligibility, based upon its significance and integrity, for designation as a Fort Collins Landmark, and for listing on the State and National Registers. f. Determine the distribution of historic buildings and areas of concentration, and delineate potential district boundaries. SA rev06/07 9 D. Prepare a survey report, to include bibliography, tables and maps. E. During and at the completion of the project, present findings at neighborhood meetings and Landmark Preservation Commission Hearings. 4) Each draft product will be reviewed by the City Planning and Community Development Department and the Landmark Preservation Commission, prior to submittal to the Colorado Historical Society for its comments and approval. Following any necessary revisions, the final products, to include the context, the Architectural Inventory Forms, and the final survey report, will be submitted. The City confirms that all project reviews and approvals will be coordinated with State Historic Fund staff, to ensure that the project meets all SHF requirements. TIMETABLE FOR IMPLEMENTATION This project will be completed in 18 months: Item Date * Award of SHF Grant Feb. 1, 2008 * Contract with SHF Mar. 31, 2008 * City and CHS review of proposals completed; May 1, 2008 Contract with consulting firm signed * Landmark Preservation Commission public meeting: June 1, 2008 Introduction and project methodology * Reconnaissance Survey completed; June 15, 2008 Draft list of properties to be surveyed submitted to CHS * Draft context submitted to City Oct. 15, 2008 * City review completed; Draft context submitted to CHS Nov. 15, 2008 * CHS review of preliminary context completed Dec. 15, 2008 * Interim financial and status report to CHS TBD * Submit 10 draft survey forms to City Dec. 1, 2008 * City review completed; Submit 10 draft survey forms to CHS Dec. 15, 2008 * Landmark Preservation Commission public meeting: Dec. 15, 2008 Context and survey findings to date * CHS review of draft surveys completed Jan. 30, 2009 * Remaining draft survey forms and survey report submitted to City April 1, 2009 * City review completed; Remaining draft survey forms and survey May 15, 2009 report submitted to CHS * CHS review of forms and survey report completed June 15, 2009 * All revisions to forms and survey report completed June 30, 2009 * Landmark Preservation Commission public meeting: July 15, 2009 Final survey results and recommendations SA rev06/07 10 EXHIBIT B FEE SCHEDULE SA rev06/07 11 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.