HomeMy WebLinkAboutCORRESPONDENCE - AGREEMENT MISC - HISTORITECTURESERVICES 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 on September 15, 2008, and shall
continue in full force and effective until September 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 Terminations 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:
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Historitecture, LLC
Attn: Purchasing
Attn: Karen McWilliams
Attn: Adam Thomas
PO Box 580
PO Box 580
PO Box 419
Fort Collins, CO 80522
Fort Collins, CO 80522
Estes Park, CO 80517-0419
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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:
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 $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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•�"". ..i.+. o e�wovwutt SIAIL I-AHM PAGE fli
s CERTIMCATE OF INSURANCE
This certifies that STATE FARM FIRE AND CASUALTY COMPANY, Bloomington., Illinois
❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Maven, Florida
❑ STATE rARM LLOYDS, Dallas, Texas
insures the following policyholder for the coverages indicated below:
Policyholder HTSTORSTBCTURE LLC
Address of Policyholder PO BOX 419
Location of operat€flu$ 2155 MCGRAl4 RANCH RA 1, 1009
Description of operations �"�`""""`�"`�'"`"'"""""-- - - - •---e-«----...-_
The Policdes listed below have been issued to 010 Policyholder for the Policy periods shown. The insurance described In Giese Policies is
to all the terns, exclusions, and conditions of those Policies. The limits of liability shown may have keen reduced by any Paid daims. subject
POLICY PERIOD
POLICY NUMBER TYPE OF INSURANCE
Effc=ieenve2e ; r=r.aaPEaer d2af
9G-BU-,7933-9 Comprehensive 1,0/29/2007 j 10/29/2008
business Liability
--n-------'
This insurance includes: (� Products •Coen Iefotl
-O-------- ----`
_________________
P p®rations
Ili Contractual Liability
0 Personal Injury
9 Advertising injury
EXCESS LIABILITY
Umbrella
I EtSec¢iv® Date
Workers' GomP®nsation and Employers Liability
Each Occurrence
General Aggregate
Products - Completed
a?
PROPERTY DAMAGE
$ 1,000,0000
$2,aaa,000
$ 1,000,0oo
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
Each Occurrence $
Aggregate $
--
Para 11 •• Employers Liability
Each Accident $
Disease a Each Employee $
ruire,-y urns
-------
POLICY N(1@diRER TYPE OF INSURANCE a'06.iCY PE6tEt1® L[MITS OF LI
P�ffecaiv® €3at®! E7st�ieraffiast (Ba9m (a& besgFnn€ezg acff p
THE CERTIFICATE f.➢t- INSURANCE IS NOT A cONTRACT 0F INSURANCE A NEITHER ArFORMATIVELY NoR AMENDS, EYTEHOS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN,
Name and Address Of Certificate Holder
city or Fort Collins
Po BOX 500
215 N Mason
Port Collins, CO 80521
550-904 a.a Printed In o.s'p. Rov. U.Wg-2003
If any Of the described Policies arc canceled before
their exPirgation data, State Farrn will try to mail a
written notice to the Codificate holder days before
cancellation, if however, we fall to mail such notice,
no obligation or liability, will be imposed on State Farm
ar is ages r representatives.
E_N °
$1810ture of Authorized RepM—So tativti
Agene — 09/17/2008
1109 ¢xiDate
c: kPos);alsici
Agent Name ---
Tel6ph0J`oHUmb®1 970--993-•7.888
Agont's Code StOnip
Agora Cods 2187
AFO Gotta ;C913
No Text
GEICO GENERAL INSURANCE COMPANY
Date Issued: 08-27-08 T.,
U-31-DP-20 (7-07)
Pb...,y Number: 0114-98-44-04
VEHICLE
1 96 JEEP
2 01 KIA
RATED LOCATION CLASS
1J4FJ28S7TL213632 ESTES PARK CO 80517 A -M - -L
KNAFB121815054888 ESTES PARK CO 80517 A -N - -L
COVERAGES LIMITS OR
Coverage applies where a premium or 0.00 is shown for the vehicle. DEDUCTIBLES
BODILY INJURY LIABILITY
EACH PERSON/EACH OCCURRENCE $50,000/$100,000
PROPERTY DAMAGE LIABILITY $50,000
UNINSURED & UNDERINSURED MOTORISTS
EACII PERSON/EACH OCCURRENCE $25,000/$50,000
COMPREFIENSIVE $250 DED
COLLISION $250 LED
PREMIUMS
Vehicle 1 Vehicle 2 Vehicle
39.30 39.30
49.30 49.30
24.00 .00
37.40
105.30
SIX MONTI] PREMIUM PER VEHICLE: $ 112.60 $ 231.30
If you elect to pay your premium in installments, you may be subject to an additional fee for each installment. The fee amount
will be shown on your billing statements and is subject to change.
Premiums for these vehicles are based on the following Discounts and/or Surcharges:
DISCOUNTS MULTI -CAR (VEFI 1,2); 5 YEAR GOOD DRIVING (VEI-I 1,2)
Lienholder Vehicle
Lienholder Vehicle
Lienholder Vehicle
INSURED COPY
PAGE02
No Text
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, an amount not to exceed Fifty Thousand Dollars ($50,000.00), subject to additions and
deletions provided herein, per the attached Exhibit "B", consisting of one (1) page, 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 provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
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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, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
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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. Pursuant to Section 8-17.5-101,
C.R.S., at. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
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alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department
Program (the "Department Program"), an employment verification program
established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the
employment eligibility of all newly hired employees to perform work under this
Agreement.
b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider 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 Service Provider
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.
e. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual
and consequential damages to the City arising out of Service Provider's violation of
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Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
�FORPC
By:
V: :N Jame_ . O'Neill II, CPPO, FNIGP
ALDirecV of Purchasing and Risk Management
l r; nafP•
City Clerk
AS
AfE+L1
CORPORATE SECRETARY
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Historit
29:Li:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: % ( I Slob 8'
(Corporate Seal
EXHIBIT A
SCOPE OF SERVICES
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.
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f. determine the distribution of historic buildings and areas of concentration, and
delineate potential district boundaries.
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.
Fort Coll ins Post -World War 11 Survey and Context
Proposed Project Time Line
:c Septarnber'1.2008
Sign coat rac:t Witt Cityand begin project
s Priorto Qctober'1.2008
Mvt t with C: HS to CIISCIrSs lxofect n1ethodolocly
a Prior to Ocuober'1, 20W3
Introduce projectand methodology to LPC
-r. November 1, 2008
i.ornplete Rrconnelssarwe surv8y and subrnt Graft list of fit (10r,er't1O$ to be Intensively
surveyed to the City and CHS.
cc Fe1:31`trary 28, 2009
Submit draft contextto City
z Mardi 31,2009
Submit 10 draft survey forms to City
s April 'I S, 2009
Present context and sur'veyfindings, to date to LPC
z Audu>t 1, 2009
Submit remaining `2 draftforms and draft survey report to City
x August 30, 2009
Submit final Devised) survey r'e1:�nrt AWlth c01)texti and survey foirnx to City
:c Seprternber'IS,2009
Pr'ese nttlnal results and ierommendatinns to LPC
• After Septernb+ i I;, 2009
Present final results and I'eI,Omrnenda tlOns to the I:Ml)IK.
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EXHIBIT B
Itemized Costs
I 'fiston -1 - i
, tecturo. Proposes to, ;, �,-rui wiiwua hisrorical imi atclhjtact,aj 4:,jjtext29) conduct ,treconnaissance-level
survey Of five: MA'AMAJOns and Rxo c(>rainetci-AJ districts; and 3) cond-�(:r in jmcw;vc-Jc.veJ selective ,jufvo..,,cjf 62 Drop-
Ottic-s :11 For: Collins, a,, descrihcd in the request lot prQpOSl, lot a CoSt
trot to,!XCCed
I USK Hours cost
IN
—$—,200
. .
......... c x c
I'repa.......... 160
—
. . . . ... . ........
Tr�paie Final Context
... . . .........
S2,400
Context Total 3201
$19,200
R
Recomla'ss.locc. S-Mrvey ... ..... ...... . ..... ...
44 $2,61l)
Intcnd Saj jc.v fj;ic(uding iesearch, fielt worx,and photog mphy)
180
810,800,
— — — - — --------
62, 1 )1 A fx Survey I Orin.!;
F;7
. ......
180
$10.800
..... . ........ . .. .
vtv Formn
5960
1)1�iL SUrVeW Reporr ---
40
Fi.q.ql ......
... . .. .......
. ,
Survey Total
486.3
$29,178
Photography and Procrssilip
ape cAOf; miles
S'M
lLc.c .... ......
nrch F,�,Pms(:N ph0tOcOPYi$'F, arclliv,,jl nbotopmph mptints)
-ch
820
.. . ... ... ...
Other Expenses Total
... ....... . $1,622
TOTAL PROJFCT,COST
833.3.
00 $50,900
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