HomeMy WebLinkAbout132963 A-E DESIGN ASSOCIATES PC - CONTRACT - AGREEMENT MISC - A-E DESIGN ASSOCIATES PC,a 44(tiu/i
��Zg63
A-E DESIGN ASSOCIATES, PC
317 EAST MULBERRY
STREET FORT COLLINS, COLORADO 80524
November 1. 2012
City of Fort Collins
Mr. Josh Weinberg, Preservation Planner
281 North College Avenue
Fort Collins, Colorado 80524
RICHARD S. BEARDMORE, PE
PRESIDENT
(970) 407-9970
FAX (970) 407-9977
adesignassocOO netscape.net
Ref: LETTER OF PROPOSAL for Professional Services for an Historic Structure Assessment of
the Historic Northern Colorado Feeder's Supply Building
Dear Josh:
We are pleased to offer this Letter of Proposal for performing an Historic Structure Assessment for
the Historic Northern Colorado Feeder's Supply Building at 359 Linden Street in Fort Collins,
Colorado, and a contributing structure to the Old Town Historic District. The Historic Structure
Assessment and report will follow the State Historical Fund Annotated Scope of Work, and will be
performed for the following fee:
Historic Structure Assessment
Grant Administration to be provided by others.
PROJECT TOTAL
13 980
$13; 980
Anticipated deliverables that will be produced by A-E Design Associates, PC, for this proposed
project include:
1. Initial consultation with the State Historical Fund Preservation Specialist
2. Draft Historic Structure Assessment Report (2 copies plus electronic file)
3. Final Historic Structure Assessment Report (2 copies plus electronic file)
4. Complimentary presentation to the Landmark Preservation Commission
Sincerely,
Dick
Richard S. Beardmore, PE
for A-E Design Associates, PC
Attachments: SHF Annotated Scope of Work
Select brief biographies for consultant team
NTE Fee spreadsheet
cc: File
Architectural and Structural Engineering • Building Restoration, Conservation, & Reuse Studies
Historic Structure Assessments Preservation Engineering, Technology, & Techniques
Form (R 5/98)
CONTRACT #2013-HA-017
Department or Agenry_Name <,,.,
Ilstory Colorado, the Colorado Ilistorcal Society,,
.-.
rDepaitinent ar Abrency.Numbcr ., ',
GCA
Routing•N�umber- ,T,. a. �_.. , s,�..
APPROVED WAIVER FORM #37-D
THIS CONTRACT, Made this p" day of hyyt, .( I qP(J , by and banveen the State of Colorado
for the use and benefit of the Department of higher Education, history Colorado, the Colorado Idistorical Society, 1200 Broadway, Denver,
Colorado 80203, hereinafter referred to as the State and/or History Colorado, and the City of Fort Collins,.PO Box 5M port Collins, Colorado
80522, hereinafter referred to as the "Contractor',
WIIUIUUAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted
balance thereof remains available for encumbering and subsequent payment of this Contract under Encumbrance Number
1.11416 i} in Fund Number.401, Appropriation Account 401. and Organization SHFG; and ............
WhILREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and
WHEREAS, Article 12-47.1-1201 of the Colorado Revised Starnes and Subsection (5) (b) (110 of Section 9 of Article XVI11 of the state
consfimtion, provide for the annual distribution of monies from the Statc Historical Fund; and
WHEREAS, the Contractor is eligible in accordance with law to receive a State Historical Fund presctvation grant award for acquivition and
development projects, survey and planning projects, and education projects; and
WHEREAS, this Contract (hereinafter "Contract" or "Agreement') sets forth the Scope of Work, Budget and List of Submittals, hereinafter
referred to as the "Project',
NOW TIiEREVORE, it is hereby agreed that '
1. The Contractor shall use funds subject to this Contract in support of Project #2013-HA-017 "Historic Structure,
( Assessment". In accordance with the Slope of Il%rk attached hereto as Exhibit A, including all applicable plans and
specifications developed prior to or during the contract period, which are hereby made a part of this Contract by reference.
2. APPLICABLE STANDARDS; The Contractor agrees that it will perform the activities and produce the deliverables listed in
Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Archaeology add
Hiarwic P"servatiou. Contractor shall perform any and all survey activities and submittals in accordance with the Survey hlanual
and Mow to Complete Colorado Cultural ]resource Inventory Forms, Volumes 1 and 11, June 1998 (Revised December 2001) for
any and all survey activities and projects (topics of which are available through History Colorado).
3. RIGHT OF USE: All copyrightable materials and/or submittals developed or produced under this contract are subject to a
royalty -free, nonexclusive; and 'irrevocable license to History Colorado to reproduce, publish, display, perform, prepare
derivative works or otherwise use, and authorize others to reproduce, publish, display, perform, prepare derivative works, or
otherwise use, the work or works for Idistory Colorado and/or State historical Fund purposes.
:1. _ CONTRACT EFFECTIVE DATE: The term of this Contract shall be from May 1, 2013 through May 1, 2015..
The performance of the work must be commenced within sixty(60) days of the Contract beginning date unless a longer period
is approved in writing by the State Idistorical Fund Administrator. The performance of the work must be completed no later
than thirty (30) days prior to the Contract ending date.
5, COMPENS.ATION AND METHOD OF PAYMENT In consideration of the project described in lixia bit A and subject to
on time delivery of completion of the milestones contained in the list sCyobwinals set forth in Exhibit C, the State shall pay to
the Contractor a grant not to exceed six thousand nine hundred and ninety dollars ($6,990.00).
Unless otherwise specified in Exhibit C, the State shall advance forty -percent (401/6) of the total giant amount upon proper
execution of this contract and upon submission of a Sill' Payment Request, fifty -percent (50%) will be paid to the Contractor
upon submission and approval of the Interim SHFFiaanial Report. The remaining ten -percent (10%) of the grant amount shall
be paid following Contractor's submission and the. State's approval of the Fina! SHF Ftnannal Report and SHF Aq ent Repiest
Form (Attachments I and ?). All payments are subject to the satisfactory completion of milestones described in Exhibit C and,
submission by Contractor of either documented proof or certification of expenditures with each financial report. ,'
Page 1 of 6
J
rExpenditures incurred by the Contractor prior to execution of this Contract are not eligible expenditures for State
reimbursement. If the Project involves matching funds the SIIF may allow prior expenditures in furtherance of the Scope of
[Fork to be counted as part of such matching funds.
ACCOUNTING: At all tunes from the effective date of this Contract until completion of this Project, the Contractor shall
maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts
and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the
Budget set forth in Exhibit B. Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget
without approval of the State and document the adjustments in the next financial report. Adjustments of budget expenditure
amounts in excess of ten percent (10%) must be authorized by the State. In no event shall the State's total financial obligation
exceed the amount shown in Paragraph 5 above. Interest earned on funds advanced by the State shall be applied to
eligible project expenditures, and will be deducted from the final payment.
AUDIT: The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records,
books, and accounts, including the right to hire an independent Certified Public Accountant of the State's choosing and at the
State's expense to do so. Such discretionary audit may be called For at any time and for any reason from the effective date of
this Contract until three (3) years after the date final payment for this Project is received by the Contractor provided that the
audit is performed at a time convenient to the Contractor and during regular business hours.
8. PARTIES RELATIONSHIP: CONTRACTOR IS A GRANTEE AND NOT AN EMPLOYEE OR AGENT OF THE
.STATE. THE CONTRACTOR SHALL HAVE NO AUTHORITY, EXPRESS OR IMPLIED, TO BIND THE STATE TO
ANY_AGRL:EMENTS.OR-UNDERSTANDINGS-WITI-IOU"1:'fI IP.EXPRESS-WRIYrEN-CONSENT 011-TIIE—
CONTRACTOR REPRESENTS THAT IT HAS OR SHALL SECURE, AT ITS OWN EXPENSE AIJ, PERSONNEL, BY
THE CONTRACTOR UNDER THIS CONTRACT. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING
WORKMEN'S COMPENSATION COVERAGE AND UNEMPLOYMENT COMPENSATION COVERAGE FOR ALL
OF ITS EMPLOYEES TO THE EXTENT REQUIRED BY LAW, AND FOR ENSURING TI-IAT ALI,
SUBCONTRACTORS b-Ir\INl'AIN SUCH INSURANCE. THE CONTRACTOR SI-MALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITIIIIOLDING. ALL OF THE SERVICES REQUIRED
HEREUNDER SHALL BE PERFORMED BY TI IE CONTRACTOR OR UNDER Its SUPERVISION.
REPRESENTATIVES AND NOTICES: All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below, who are also the designated representatives for the project.
Any party may from time to time designate in writing substitute addresses or persons to whom such notices shall be sent.
To the State: Steve W. Turner
Vice President OAIIP and SHF/Deputy, SI IPO
History Colorado, the Colorado Ilistorical Society
1200 Broadway,
Denver, Colorado 80203
r
"1'o the Contractor:.' ifs. Karen McWilliams
Historic Preservation Planner
City of port Collins
' PO Box 590
Fort Collins, Colorado 80522
10.. ADA COMPLIANCE: The Contractor assures the State that at all times during the performance of this contract no qualified
individual with a disability shall, by reason of such disability, be excluded from participation in, or denied benefits of the service,
programs, or activities performed by the Contractor, or be subjected to any discrimination by the Contractor upon which
assurance the State relics. Further, all real property improvements shall conform to applicable ADA requirements.
11. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS: Contractor agrees to provide I-Iistory Colorado with
copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by
Hiestory Colorado. The Contractor agrees to otherwise restrict access to such archaeological surveys, as well as access to any
other information concerning the nature and location of archaeological resources, in suict accordance with the provisions of
I bstory Colorado -the Colorado Historical Society, Office of Archaeology and Historic Preservation, Dissemination of Cultural
Resource; Policy and Procedures, adopted October 1991 (12evised Nov. 2002), a copy of which is available from I-Iistory
Colorado.
12. REPORTS: Contractor shall deliver project progress reports to the State every six (6) months during the project'which
document the progress of the Project, and SHF Fivaurial Reportr (Attachment 1) as described and at the times in the List of
Submilrah (Exhibit C).
13. MATCHING FUNDS: Contractor agrees to make available the necessary funds to complete the Project and provide matching
funds, if applicable, in accordance with the Project Budget as set forth in Exhibit B. In the event that said matching funds
become unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the
reduction in matching funds.
Page 2 of 6
If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its
pro-mer share of the unexpended budget.
14. CONSULTANTS/SITE VISITS: The State may:
a. Review any project planning documents and methods for conformity with the applicable standards, manuals, and guidelines;
It. Make site visits as determined necessary by the State before, during and/or at the conclusion of the Project to provide on -site
technical advice and to monitor progress.
Any exercise of the State's rights under this Paragraph 14 shall not relieve the Contractor of any of its Contract obligations.
15. PUBLIC ACKNOWLEDGMENT OF FUNDING SOURCE: In all publications and similar materials funded under this
Contract, a credit line shall be included that reads:"Phis project is/was paid for in part by a State Historical Fund grant from
History Colorado, the Colorado Historical Society." In addition, History Colorado reserves the right to require that the
following sentence be included in any publication or similar material funded through this program: "The contents and opinions
contained herein do not necessarily reflect the views or politics of History Colorado, the Colorado I listorical Society".
16. REMEDIES: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise
available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform
the duties and obligation in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean
significant, insufficient, incorrect, or improper performance, activities, or inaction by the Contractor. 'These remedial actions are
as follows:
a.'Suspend the Contractor's performance pending necessary corrective action as specified by the State without Contractor's
entitlement to adjustment in price/cost or schedule; and/or
r
b. Withhold payment to Contractor until'the necessary services or corrections in performance are satisfactorily completed in
accordance with the SAandardr the SI-IF Grants Manual and/or the terms and conditions of this Contract; and/or
c. Request the removal from work on the contract of employees or agents of the Contractor whom the State justifies as being
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract
the State deems to be contrary to the public interest or not in the best interest of the State; and/or
d. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by
the Contractor cannot be performed, or if performed would be of no value to the State. Denial of the amount of payment
must be reasonably related to the value of work or performance lost to the State; and/or
c., Declare all or part of the work ineligible for reimbursement( and/or
f. In the event of a violation of this Agreement, and in addition to any remedy now or hereafter provided by law, I Iiatory
Colorado may, following reasonable notice to the Contractor institute suit to enjoin said violation or to require the restoration
of the Property to its condition at the time of this Agreement or condition at the time of the most recent satisfactory
inspection by I-listory Colorado. History Colorado shall be entided to recover all costs or expenses incurred in connection
with such a suit, including all court costs and attorney's fees.
g. Terminate the contract for default.
17. CUMULATIVE EFFECT: The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of
them individually or simultaneously.
is. TERMINATION OF CONTRACT FOR DEFAULT: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contract, the State shall, in addition to other remedies, thereupon have the right to terminate this Contract
for default by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five
(S) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, products, submittals, and reports or other material prepared by the Contractor under
this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State
by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the
purpose of setoff until such time as the exact amount of damages due the State from the Contractor are determined.
19, TERMINATION BY STATE: The State may terminate this Contract at any time the State determines that the purposes of the
distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect
such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least
twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other
materials paid for with State funds shall, at the option of the State, become its property. If the Contract is terminated by the
State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation
Page 3 0£ 6
previously made. Provided, however, that if less than sixty percent (GOO/6) of the project covered by this Contract has been
completed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment)
for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor
during the Contract period which are directly attributable to the uncompleted portion of the project covered by this Contract. If
this Contract is terminated due to die fault of the Contractor, Paragraph 18 hereof relative to termination shall apply.
20. CHANGES: This Contract is intended as the complete integration of all understandings between the parties, at this time, and no
prior or contemporaneous addition, deletion, or other amendment hereto, including an increase or decrease in the amount of
monies to be paid to the Contractor, shall have any force or effect whatsoever, unless embodied in a written contract
amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwithstanding this
provision, modifications to Exhibit A (Scope of Work) and/or to Exhibit C (List of Submittals) may be approved by letter of
agreement, agreed to in writing by all parties, providing that no such letter of agreement may alter either the total amount of
funds payable under the contract, as set forth in Paragraph 5, or the contract period, as set forth in Paragraph 4, unless such
changes are embodied in a written contract amendment executed and approved pursuant to the State's Fiscal Rules.
21. CONFLICT OF INTEREST: Contractor agrees not to engage in any conduct, activity, or transaction related to this
contract which would constitute a conflict of interest under any applicable State or Federal law.
22. COMPLIANCE WITH APPLICABLE LAWS: At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable Federal and State laws that have been or may hereafter be established.
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision
hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term.
24. BINDING ON SUCCESSORS: Except as herein otherwise provided, this Contract shall more to the benefit of and be binding
upon the parties, or any subcontractors hereto, and their respective successors and assigns.
25. ASSIGNMENT: No party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior
written consent of the other parties.
26. SURVIVAL OF CURTAIN CONTRACT TERMS: Notwithstanding anything herein to the contrary, the parties understand
and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued
performance of compliance beyond the termination date of the contract shall survive such termination date and shall be
enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or their
subcontractors.
27. CORA DISCLOSURE: To the extent not prohibited by federal law, this Contract and the performance measures and standards
under CRS 524-103.5-101, if aryl are subject to public release through the Colorado Open Records Act, CRS 524-72-101, et seq.
28. STATEWIDE CONTRACT MANAGEMENT SYSTEM: If the maximum amount payable to Grantee under this Grant is
$100,000 or greater, either on the Effective Date or at anytime thereafter, this §28 applies.
Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, 524-102-206, §24-103-601, §24-103.5-101
and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance
information in a statewide Com,art Management System.
Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant,
State law, including CRS §24-103.5-101, and State fiscal rules, policies and guidance. Evaluation and Review of Grantee's
performance shall be part of the normal Grant administration process and Grantee's performance will be systematically
recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited
to quality, cost and timeliness. Collection of information relevant to the performance of Grantees obligations under this Grant
shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements
of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at
intervals established herein and a final Evaluation, Review and rating shall be rendered within 30 days of the end of the Grant
term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified
problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the
performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and
Administration (Executive Director), upon request by CI -IS, and showing of good cause, may debar Grantee and prohibit
Grantee from bidding on Furore grants. Grantee may contest the final Evaluation, Review and rating by: (a) filing rebuttal
statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS 524-
105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may
result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause.
Page 4 of 6
r
}S+P,ECIvAL�PR®�yi(SjI�ONyS.
1. CONTROLLER'S APPROVAL. CRS24-30-202(1).
'Ibis comma shall nos be valid uold it has becn'app,ored by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that pusposc being appropriated, budgeted, and otherwise made available.
3. GOVERMENTAL IMMUNITY.
None. or condition of this contract shall be construed or interpreted as a waiver topicsimplied, of any of the immunities, rights, benefits, protections, or other provisions, of
the Colorado Govcmmen.l Immunity Art, CR5 24-10-101 o seq., or the Federal Ton Claim, A., 28 U.S.C. 1346(b) and 2671 et seq., to applicable now or heacrefier amended.
4. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent cant..... an door as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
bean agent c r employee of the State. Contract., and its employees and agents am nor entitled to unemployment insurance or workers compensation benefits through the Sam and
the State shall our pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be readable to Contactor and
its employees and agents only if such ewerage• is made available by Contractor or a third party. Contractor shall pay when due all applicable employment rases and income raves and
local head rases inaned per urn. e. dtfr c.nt.a. Contractor shall n., have vuthonam.m, express or implied, to bind the State to any agreement, liability or understanding, eseept
its expressly set forth herein. Contractor shall (a) provide and keep in force aco eri compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (e) be solely responsible for its acts and those of its employees and agents.
S. COMPLIANCE WITH LAW.
Contractor shall strictly comply with all applicable federal and Stara laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW.
Colorado law, and rules and og trions issued per ant sherem, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included of
incorporated herein by reference which conflict with mid laws, soles, and regulations shall be null and void Any provision incorporated herein by reference which purports in
neynte this or any other Special Precision in whole or in pan shall not be valid or enforceable or available in any action it law. whether by .way of enmpinin, defiese, or otherwise.
Any provision modeaed null and void by die opeation ordek provision shall not invalidate the remainder of yin contract, to the extent capable ofbsecuti.n.
7. BINDING ARBITRATION PROHIBITED.
The Stara of Colorado dues not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this contract or incorporated herein by reference
shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Goaxmor'a Eiecurin, Order D 00200.
Sere or ether public funds payable under This contract shall not be used For the acquisition, operation, or maintenance of computer sefm•am in violation of federal copyright low or
applicable licensing notried.m. Contractor hereby mmfes and warrants that, during the term of this contract and any cuenslons, Contractor has and shill maintain in place
appropriate systems and controls to prevent such improper nor, of public funds. If the State dere,mines that Controller is in violation of this provision, the State may esercise any
revel, available at law of in equiryo ..de, this contract, including, without limitation, immediate termination ofthis contact and any cloudy consissent with federal copyright laws
or applicable licensing restrictions
% EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS24-19,201 and 24-50407.
'Ihe signatories awe, that to their knowledge, no employee of the State has any personal or loom fdal interest whatsoever in the service or property described In this contract.
Contract., has no interest and shall not acquire any interest, direct or indirect, the, would conflict in any manner or degree with the performance of Contractor's services and
Contracon shall not employee any person having such known interests.
10, VENDOR OFFSET. CBS 24-30-202(1)and 24-30-202.4.(Nor Applicable to inrewemmenm/eonmeta/
Subject to CRS 24-30-2024 (3.5), the State Controller tray withhold pay.., under he State's reador offset intercept system for debts owed to State agencies for (a) unpaid child
support debts err child support arremages; (b) unpaid balances oftax, aeemed lorries, or other charges spreificd in CIiS 39-21-101, c, seq.; (e) unpaid loam due or the Student Loan
Division of the Department of I ligher Education; (d) amounts required to be paid .. the Unemployment Cmpensation Fund; and (e) .,her unpaid debt owing in the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101.[NorApplicibfe mrgreens.r. nelaring to the oRr, lss m c,or sa/e olsecodric', invermarnradviiory
.,fund namagemenrvendee,sponsoredpric.,s, inrewemmcnmleimemenes, arisiomaarion«ch ulcg awrinces, orpmduetsand aemecesf
Contactor certifies, warrants, and serves that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the
empioyeen, eigibill of.,]] employees who are newly hired for employment in the United States to ne.rfomm work under Fl co , through participation in the E-Verify program
or the Delee meet program established protest, to CRS H-175-102(5)(c), Comracror shill not knowingly employ.. c.nt.et with an dle,,J alien to rrgifulm work vender this cnmra,t
or enter into a contract with a subcontractor that fads to certify to Contractor that the subcontractor shall not knowingly employ or commit, with an illegal alien to perfnm, work
under,hisionamay. Contractor (a) shall nor use &Verify Pmg.m tie Department program procedures to undertake pre -employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contacm, has acmal knowied, Char a subconraam is employing or
onmetingw i,h sat illegal lien for work under this commit, (e) shall terminate the aubcorract ifa subcontractor does not stop employing or contracting With the illegal alien within
three days of receiving the notice, and (d) shall comply with reasonable requests made in the course ofan investigation, uuder.ken pursuant to CRS 8-17.5 102(5), by the Colomdo
Department of Labor and Employment. If Contract., pmix,l utes in the Depanmen, pmgmam, Contractor shall deliver to the contracting State agency, Institution of Higher
Educators or political subdivision a wmun, notarized amrmation, afrimning that Contractor has examined the legal work stems of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails o comply with any aquinmemt of ,his provision or CRS 8.17.5.101 or seq, the contracting State agency.
institution ofhigher education or political subdivision may terminate this com art for bench and, ifso terminated, Contractor shall be liable for damages.
12, PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS 24-76.5-101. Contractor, if a mamral person eighteen (I8) years of age or older, hereby swears and affims under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant E. federal law, (b) shall comply with the provisions of CRS 24-76.5-I01 c,
seq., and (e) has produced one form ofidentifcation required by CRS 24-76.5-103 prior to the effective date ofthis contract.
Revised January 1, 2009
2•1 Revision March 10, 2009
Page 5 of 6
CONTRACT 5I1101NATUR , )PAGE,
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
CONTRACTOR:
(Grant Recipient)
Date
.I )O.r,n 4 • el"J
Print Name of Authorize Officer
Print Ti f
e of Authorized Officer
STATE OF COLORADO
John W. nnl000pe�rr,, GOVERNOR
1�
Exec ttive Director or Designee
Edward C. Nichols, President
History Colorado, the Colorado Historical Society
Date: Y - ( b — / 3
Department of Higher Education
STATE HISTORICAL. FUND
I
BY: �/L. C .
Directo r esignee
Steve Tu er, \'ice President O2r\IiP & Slil'/DeputySl'lP0
Date: 411 a
WAIVER CONTRACT REVIEWER
BY:-�'r^•S�it•-�llt,�(.f�Lj
Contracts Officer or Designee
Susan Frawley, State Historical Fund
Date: Y�'�J3 _
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance
until such time. If Contractor begins performing prior thereto, die State of Colorado is not obligated to pay
Contractor for such performances or for any goods and/or services provided hereunder.
STATE CONTROLLER
David 05
cDe tt, CPA
BY:
Joseph Bell 1
CHS, Vice President ante, Facilities & Regional
Museums 77��
Date:—
lierlsed, February 15, 2012
\\ehs-db\Ofb\Document\ 15112154.doc
Appmml/Contract D
Page 6 of 6
City of Fort Collins Exhibit A
Historic Structure Assessment of the Poudre Valley Elevator Co.
Project #2013-HA-017
Scope of Work
I. Project Purpose: The Purpose of this Project is to conduct an Historic Structure Assessment of the
Poudre Valley Elevator Company / Northern Colorado Feeder's Supply Company located at Linden
Street, Fort Collins, Colorado for eventual rehabilitation and reuse of the building.
II. Scope of Work will be conducted as follows:
1.0 Introduction
1.1
Research Background / Participants
1.2
Building Location / Site Plan or Vicinity Map
2:0-1-listory
and -Use
2.1
Architectural Significance and Construction History
2.2
Existing Sketch Plan / Floor Plan(s)
2.3
Proposed Use(s)
3.0 Structure Condition Assessment
3.1
Site
• Associated Landscape Features
• Parking
• Archeology
3.2
Foundations
• Foundation Systems
• Perimeter Foundation Drainage
3.3
Structural System
• General Structural System Description
• Floor and Ceiling Systems
• Roof Framing System
3.4
Envelope - Exterior Walls
• Exterior Wall Construction
• Exterior Finishes
• Exterior Masonry
• Exterior Appendages - Porch, Stoop, Portico, Etc.
3.5
Envelope - Roofing and Waterproofing
• Roofing Systems
• Sheet Metal Flashing
• Drainage System, Gutters, and Downspouts
• Skylights/cupolas
3.6
Windows and Doors
• Doors (including hardware, casing / trim, and finishes)
Page 1 of 2
City of Fort Collins Exhibit A
Historic Structure Assessment of the Poudre Valley Elevator Co.
Project #2013-HA-017
• Windows (including hardware, casing / trim, and finishes)
3.7 Interior Finishes
• Wall Finish Materials
• Ceiling Finish Materials
• Floor Finish Materials
• Trim and Built-ins (not previously addressed in Section 3.6)
3.8 Mechanical Systems
• Heating / Air Conditioning
• Ventilation (including changes to historic system)
• Water Service, Plumbing, and Sewer Utilities
• Fue Suppression - Spxiniclexs-----'-- ._._-_-------
3.9 Electrical Systems
• Electrical Service and Panels
• Electrical Distribution System
• Lighting (including changes to historic system)
• Fire Detection System
• Security Alarm System
4.0 Analysis and Compliance
4.1 Hazardous Materials
4.2 Materials Analysis
4.3 Zoning Code Compliance
4.4 Building Code Compliance
4.5 Accessibility Compliance
5.0 Preservation Plan
5.1 Prioritized Work
5.2 Phasing Plan
5.3 Estimate of Probable Cost of Construction
6.0 Photos and Illustrations
7.0 Bibliography
8.0 Appendices
• Drawings, Miscellaneous
In accordance with Section 12-47.1-1201 C.R.S. (1999) The Limited Gaming Act whhich authorizes the
Colorado Historical Society to administer the State Historical Fund as a statewide grants program.
11:\Con¢acts\2013\13F1AO17 Exlubit A.doc
Page 2 of 2
City of Fort Collins Exhibit B
Historic Structure Assessment of the Poudre Valley Elevator Co.
Project #2013-HA-017
PROJECT BUDGET
TASK
A. Condition Assessment
AMOUNT
1. Initial Consultation and Field Work $ 2,320
2. Preparation of Draft HSA $ 8,530
3. Preparation of Final HSA $ 2,040
4. Reimbursable Expenses (Travel, Reproductions, Postage)* $ 390
B. (Optional) Engineering or Consultant Services — Electrician & Masonry $ 700
PROJECT TOTALS / $13,980
Cash Match ( 50.00%) $6,990
Grant Award (50.00 %) $6,990
*Trivet must be within SHF/State allowable rates ($.51/mile.(2WD) and $0.54 (4WD) — mileage,
$100/tight — Hotel, $46/day — Per Diem).
I I:\Contracts\2013\13FiA017 Exhibit B.doc
Page 1 of 1 pages
City of Fort Collins
Historic Structure Assessment of the Poudre Valley Elevator Co.
Project #2013-HA-017
Project Reports
LIST OF SUBMITTALS
Project Reports
Due Date
a. Advance Payment Request Form (Attachment 1). N/A
Deliverables #1-3, below must be reviewed and
approved before Advance payment is made.
b. Interim Payment Request Form (Attachment 1). November 15, 2013*
'Deliverable #4 below must be reviewed and
approved before Interim payment is made.
c. Final Financial Report (Attachment 1) February 15, 2015
Deliverable #5 below must be reviewed and
approved before Final payment is made.
Exhibit C
Society Response
Advance payment of grant
award $2,796.
Review & Approve.
Interim payment of grant
award $3,495.
Review & Approve.
Final Reimbursement of
grant award $699.**
* Interim financial report due date is a guideline. Please submit the Interim payment request form when at
least 40% of the Advance payment has been expended and you are ready for the next payment.
**Final Payment is a reimbursement ONLY after all contractors have been paid.
Project period ends May 1. 2015' All Deliverables are due on or before this date.
PROJECT DELIVERABLES
Submit the following Project Deliverables. Deliverables #1-3 below must be reviewed and approved by SHF
staff before the project can start.
Project Deliverables Society Response
1. Consultant resume Review/Comment and or Approve
2. Subcontract Certification Form Review/Comment and or Approve
3. On site consultation between a Colorado licensed Architect and
the SHF Historic Preservation Specialist
4. Draft Historic Structure Assessment
5. Two (2) copies of Final Historic Structure Assessment
Page 1 of 1 pages
Review/Comment and or Approve
Review/Comment and or Approve
Review/Comment and or Approve
1-I:\Contracts\2013\13I1A017 Exhibit Gdoc
A-E DESIGN FEE SCHEDULE
HOURLY SCHEDULE
Richard S. Beardmore, PE $ 125.00/HR
(Architectural/Preservation/Structural Engineer)
• Patrice Dye Berglund, PMP $ 65.00/HR
(Associate Field Research Assistant and Associate Project Manager)
• Consultants Cost + 10%
• Senior CAD Technician/Designer $ 75.00/HR
• Word Processing $ 45.00/HR
. REIMBURSABLES SCHEDULE
• Travel Related Expenses (Not to Exceed State Rates if CHS/SHF Grant Assisted)
Mileage (4WD)
$ 0.50/Mile
Per Diem
$ 46.00/Day
Lodging
$100.00
• Digital Photography
(Processing and Printing Expenses)
Cost
• Photo Quality Digital Prints (In House)
$ 2.50 Each
• Digital Photos CD
N/C
• Color Copies
Cost
• Black and White Copies
Cost
• Blueline or Blackline Prints
Cost
(24" x 36")
• Reproducible Mylars
Cost
(24" x 36")
• Laboratory Testing Services
Cost
• Express Postage
Cost
• CADD Plotting Services
Cost
• Other
Cost
A-E FEE . Rev. 6111
€c� STATE HISTORICAL FUND
PAYMENT REQUEST AND FINANCIAL REPORT FORM (ATTACHMENT 1)
A) General Information:
Project #
Grant Recipient: _
Project Title:
Grant Recipient Contact:
Instructions: Use this form to request a payment and report expenses for your project. Indicate the payment you are requesting
by checking the box below. The Financial Report (Section C) is not required to be completed when you are requesting an
Advance Payment. Report payments (including your cash match) made to subcontractors and individuals for work on the project
since your last payment request. Add Financial Report Totals at the bottom of the form. Include a completed Certification of
Expenditures form when submitting all financial reports.
B) Payment Request: Check Only One Box
❑Advance Payment ❑11- Interim Payment ❑21id Interim Payment (rfapplirable) []Final Payment ❑Easement Payment
Guidelines: Work must begin within 2 weeks of receipt of an Advance Payment. Previously advanced funds must be substantially
expended prior to receiving an Interim Payment. Final payment is a reimbursement ONLY. Please refer to Exhibit C of your
contract for payment amounts and deliverables due before submitting a payment request. Contingency funds will be added to
payments based -on prior-approvatInclude a'copy-of the Easement Fee invoice when requestiWin Easement Payment:" --
PAYEE NAME
BUDGETED TASK
art Asied is Exhibit B of Contract
DATE PAID
WARRANT or
CHECK #
AnIOUNT PAID
1 hereby certify that all expenses reported above have been RAID and that all
of the information is correct and that any false or misrepresented information
may require immediate repayment of any or all funds*.
11, Interim Financial Report Total
Zad Interim Financial Report Total
Final Financial Report Total
Project Total
D) Additional Information:
Estimate: Project is % Complete
Interest Earned: $
❑ Certification of Expenditures Form (COE) form included
E) Signature:
Grant Recipient/Project Director Signature
Date
DO NOT WRITE IN THIS AREA
Reviewed
Approved for Payment
I I:\Glanuals\Contracts Glanuals\Glow Currant Grant Packet Information\Ix1t Side\Pay Request and Financial Report Form -Rev 12-07-2012doc
INSURANCE REFERENCES
FOR A-E DESIGN ASSOCIATES, PC (Richard S. Beardmore, PE)
General Liability and Business Insurance *
The Hartford (Hartford Casualty Insurance Company)
Spectrum Policy Number 34 SBA EV4278 DX
July 15, 2012 Renewal Date
Liability and Medical Expenses $1,000,000
Aggregate Limit $2,000,000
Personal Injury $1,000,000
Auto Liability $1,000,000
Retroactive Date July 15, 1996
Workers' Compensation *
The Hartford (Hartford Casualty Insurance Company)
Issuing Office: 3600 Wiseman Boulevard
San Antonio, Texas 78251
Policy Number 46 WEC PI2475
May 5, 2012 Renewal Date
Professional Errors and Omissions Insurance
Everest National Insurance Company
Policy No. 48 AE002852-041
May 7, 2012 Renewal Date
Limit of Liability: $1,000,000 Each Claim
$1,000,000 Annual Aggregate
Retroactive Date: May 7, 1996
*Agent:
Risk Pro Insurance Agency, LLC
Gerald P. Bunker, CPAL, Arm
901 Waterfall Way, Suite 407
Richardson, Texas 75080
1-866-900-R I S K
brunker(a)riskpro.us
A-E DESIGN ASSOCIATES, PC
Professional Services
A-E DESIGN ASSOCIATES, PC
317 EAST MULBERRY STREET FORT COLLINS, COLORADO 80524
March 27, 2013
City of Fort Collins
Ms. Karen McWilliams, Historic Preservation Planner
Office of Historic Preservation
281 North College Avenue
Fort Collins, Colorado 80524
Phone: 970.224.6078
kmcwilliams@fcgov.com
Ref: LETTER OF AGREEMENT for Professional Services
Northern Colorado Feeder's Supply Building
Historic Structure Assessment
SHF Project #2013-HA-???'
Dear Karen:
RICHARD S. BEARDMORE, PE
PRESIDENT
(970) 407-9970
FAX (970) 407-9977
adesig nassocOnetscape.net
A-E Design Associates, PC (A-E Design) is very pleased to be selected to provide this Letter of
Agreement for professional historic preservation and architectural engineering consulting for our
services and associated reimbursement. We sincerely appreciate the opportunity to assist you
with this interesting preservation planning project and the Historic Structure Assessment
(HSA) of the historic Northern Colorado Feeder's Supply building.
PROJECT PURPOSE
The first component of this project consists of an assessment report that is essentially a
Structure Condition Assessment. This assessment report will follow the mandatory SHF
HSA assessment outline (see attached) and include a structural evaluation, exterior historic
condition evaluation, interior historic condition evaluation, and cursory mechanical and electrical
systems evaluation. The second component of this project is the development of a Prioritized
Preservation Plan with preservation recommendations and preliminary conceptual cost
analyses and suggested phasing for each preservation priority item. Together, these may serve
as a guide for future grant applications and/or other repair/rehabilitation implementation efforts.
SCOPE OF WORK
As annotated in the mandatory SHF HSA Scope of Work, Exhibit A attached to this agreement,
we propose to provide the related professional historic preservation and architectural/structural
engineering services as follows:
A. Work items to be completed by A-E Design Associates, PC
With your local assistance, complete on -site building investigations, existing
conditions photography, observe extant historic fabric, and research original
building details as compared to existing/original building assembly details and
conditions.
Architectural and Structural Engineering • Building Restoration, Conservation, & Reuse Studies
Historic Structure Assessments Preservation Engineering, Technology, & Techniques
2. Complete an Historic Structure Assessment (HSA) of the Northern Colorado
Feeder's Supply building to include the following items:
a) Foundation and Building Structural Integrity Evaluation
b) Exterior Condition Evaluation and Extant Historic Fabric Survey
c) Interior Condition Evaluation and Extant Historic Fabric Survey
d) Roofing Investigation and Related Roof and Site Drainage Evaluation
e) Cursory Mechanical/Electrical Systems Evaluation
3. Consult with you regarding the continuing programmatic aspects of the building,
then complete the following items:
a) Cursory Uniform Code for Building Conservation Survey
b) Cursory Accessibility Compliance Survey and Preliminary ADA/HC
Evaluation
4. Prepare an Historic Building Prioritized Preservation Plan to include the
following items:
a) Prioritized Preservation Recommendations
b) Conceptual Cost Analysis for Highest Priority Items
c) Suggested Phasing Plan
PROFESSIONAL FEE
A-E Design proposes a Not -To -Exceed Fee of $13,980.00 (Thirteen Thousand Nine
Hundred Eighty Dollars) for performing the proposed Professional Services, plus providing
one color original of the Draft Report, one original 3-ring binder color copy and two black and
white copies of the Final Historic Structure Condition Assessment Report and Prioritized
Preservation Plan, and electronic copies of both reports and corresponding photographs.
Periodic billing for services will be on an expended hourly and reimbursable basis according to
the attached A-E Design Fee Schedule. Invoices are due net 14 days from the date of the
invoice.
ITEMS PROVIDED BY THE CITY OF FORT COLLINS
In support of the professional services performed by A-E Design, and in addition to the grant
administration services, the following will be provided by the City of Fort Collins.
• Access to city, library and local historical records and archives and collection, compilation
and copying for consultant's use relevant historical pictures, articles, ownership history,
occupancy history, oral interviews, construction/remodeling history and other pertinent
research.
• Staff support and assistance during our on -site visits and subsequent consultations and
conferences.
• Other miscellaneous services and Owner/Consultant coordination assistance as required
from time to time, while A-E Design is on -site and off -site.
0 SHF grant submittals, administration, financial reporting and coordination.
Project public awareness activities and liaison with the State Historical Fund Staff
• Draft and Final HSA Report photocopying and color digital photography color copies and
related assembly and distribution beyond those provided in this agreement.
INSURANCE
A-E Design will maintain throughout the duration of our services, statutory coverage for the
employees of A-E Design; business, automobile, and general liability insurance; and
professional errors and omissions insurance written on a "claims made" basis. A-E Design may
also require our independent consultants or contract professionals, retained by A-E Design, to
provide proof of statutory coverage worker's compensation and general liability insurance. For
insurance coverage type and limits, see the attached insurance references.
INDEPENDENT PROFESSIONAL CORPORATION
Nothing contained herein by reference or intent shall infer that any of A-E Design's employees,
consultants, or contract professionals are employees of the City of Fort Collins or vice versa.
This Letter of Agreement is for specific historic preservation and architectural engineering
services performed by A-E Design, and its consultants, as independent architectural
engineering and historic preservation consulting professionals.
In an effort to resolve any conflicts that might arise during the completion of this HSA project or
following the completion of the project, the Client and the Consultant agree that all disputes
between them arising out of or relating to this Letter of Agreement of the project shall be
submitted to nonbonding mediation prior to the commencement of any litigation, unless the
parties mutually agree otherwise, or unless the party against whom such litigation is to be filed
fails or refuses to promptly participate in such mediation.
LIMITATION OF LIABILITY
In recognition of the relative risks, rewards and benefits of the project to both the Client and the
Consultant, the risks have been allocated such that the Client agrees that, to the fullest extent
permitted by law, the Consultant's total maximum liability to the Client for any and all injuries,
damages, claims, losses, expenses or claim expenses arising out of this agreement from any
cause or causes, shall not exceed the Professional Fee received under this Letter of
Agreement. Such causes include, but are not limited to, the Consultant's negligence, errors,
omissions, strict liability, breach of contract or breach of warranty.
PROJECT REPRESENTATIVES
For purposes of this project, the City of Fort Collins shall appoint Ms. Karen McWilliams as the
duly authorized City of Fort Collins's Project Representative. In this capacity, A-E Design shall
be able to rely upon her direction, coordination, and advisement.
Respectively, A-E Design shall appoint Mr. Richard Beardmore, PE, President, as the duly
authorized representative of A-E Design Associates, PC. In this capacity, the City of Fort
Collins and their authorized representative shall be able to rely on Mr. Beardmore's appointment
as representing the interest, authority, and contractual commitment of A-E Design Associates,
PC.
BUILDING CODE COMPLIANCE DISCLAIMER
While select improvements to the existing building, as may be accomplished by the future
implementation of recommendations contained in the approved Historic Structure Assessment,
may enhance its Building, ADA/HC, Life Safety, Electrical, Mechanical, and Fire Code
compliance, no guarantee, certification, warranty, or representation, is either expressed or
implied, in whole or in part, by A-E Design Associates PC, that the building or any part of said
building, will be fully code compliant at the completion of this phase of the work. Moreover, A-E
Design does not represent that a comprehensive code compliance survey will be completed by
A-E Design Associates, PC. However, A-E Design Associates, PC, and its consultants will
attempt (according to the prevailing standard of care of the profession) to incorporate within the
Scope of Work, as funded by this grant, select, but limited, code enhancements and/or partial
improvements based on the application of the provisions of the Uniform Code for Building
Conservation, as published by the International Conference of Building Officials, May 1997
printing, and the 2009 International Building Code, Chapter 34, Existing Structures, Section
3407, Historic Buildings, Sixth Printing.
Further, A-E Design Associates, PC, does not accept, infer, warranty, certify, guarantee, or
represent that any of the work performed in the future by the Restoration Contractor, his
Subcontractors, agents, vendors, and/or employees of said parties will be compliant with any
and all applicable Building, Mechanical, Plumbing, Electrical, Fire, Life Safety, ADA/HC, OSHA,
EPA, or other local, state, and national codes.
RIGHT TO USE GRANT -FUNDED PRODUCTS (COPYRIGHT
The Consultant acknowledges that the project which is the subject of this agreement is being
funded by a grant from the State Historical Fund. The Consultant agrees that, in the event of a
conflict between the terms of the grant contract and this agreement, the terms of the grant
contract shall prevail. All products that are submitted to the State Historical Fund either by the
Consultant or the City of Fort. Collins will become matters of public record. Notwithstanding, any
other provision in this agreement to the contrary, the Consultant hereby grants to the State
Historical Fund, for all copyrightable materials and/or submittals developed or produced under
this contract, a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, display,
perform, prepare derivative works or otherwise use, and authorize others to reproduce, publish,
display, perform, prepare derivative works, or otherwise use, the work or works for State
Historical Fund purposes.
ILLEGAL ALIENS
A-E Design Associates, PC, as a professional consultant to the City of Fort Collins as the
Contractor, acknowledges the following SHF contract provision as applicable to those persons
and firms either contracted or hired to perform services under this agreement:
The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101
et seq. (Illegal Aliens — Public Contracts for Services). The Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a .
contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. The
Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any
illegal aliens, through participation in the Basic Pilot Employment Verification Program
administered by the Social Security Administration and Department of Homeland Security, and
(ii) otherwise will comply with the requirements"of CRS 8-17.5-102 (2)(b). The Contractor shall
comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-
102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply
with any requirement of this provision or CRS 8-17.5-101 et seq., the State may terminate this
contract for breach and the Contractor shall be liable for actual and consequential damages to
the State.
A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of
perjury that the Contractor (i) is a citizen of the United States or otherwise lawfully present in the
United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101
et seq, and (iii) shall produce one of the forms of identification required by CRS 24-76.5-103
prior to the effective date of this Contract. Except where exempted by federal law and except as
provided in CRS 24-76.5-103(3), a Contractor that receives federal or state funds under this
contract must confirm that any individual natural person eighteen years of age or older is
lawfully present in the United States pursuant to CRS 24-76.5-103(4) if such individual applies
for public benefits provided under this contract.
MISCELLANEOUS PROVISIONS
This Letter of Agreement represents the entire and integrated Agreement between the City of
Fort Collins and A-E Design Associates, PC, and supersedes all prior negotiations,
representations, or agreements either written or oral. This agreement may be amended by
written instrument signed by both parties. A-E Design acknowledges that no work will or has
been done outside of the start and end date, F. ? through ? �., of the
agreement between the City of Fort Collins and the State Historical Fund, and that work
performed will meet the Secretary of the Interior's Standards for the Treatment of Historic
Properties.
It is recognized that neither A-E Design, nor the City of Fort Collins, has control over the cost of
labor, materials, equipment, or contractors' methods of determining prices, or other competitive
bidding, market or negotiating conditions. Accordingly, A-E Design cannot and does not warrant
or represent those final bids or negotiated prices will not vary from current grant project budgets,
or any subsequent Conceptual Cost Estimates or Grant Budgets prepared by A-E Design.
Original sketches, drawings, photographs, cost estimates, specifications, written reports and
other documents or electronic data furnished by or prepared by A-E Design Associates, PC, or
its consultants, including any associated copyrights, as instruments of service, shall remain the
property of A-E Design Associates, PC, but may be used by the City of Fort Collins in all
respects in connection with completion, remodeling, repairs, alterations, or additions to the
Project, provided that the City of Fort Collins shall comply with all obligations of payment of
sums due A-E Design Associates, PC, under this agreement. The City of Fort Collins, however,
agrees that it shall not sell or otherwise provide for a third party to use such drawings,
specifications, reports or other documents and agrees to waive any and all claims it might have
against A-E Design Associates, PC, in connection with such reuse.
If A-E Design Associates, PC is found to have materially defaulted and fails to cure said default
within a reasonable time, A-E Design Associates, PC, shall grant a license to the City of Fort
Collins to use drawings, specifications, and other documents or electronic data, and work
products furnished by A-E Design Associates, PC to another consultant, to the contractor, or the
City of Fort Collins for completion of the Project. Should A-E Design Associates, PC not
complete its obligations under this Agreement, the City of Fort Collins may continue to use the
drawings, specifications, plans, and other documents or electronic data, and all other work
product of A-E Design Associates, PC for completion of the Project, additions, remodeling,
repairs and alterations. The City of Fort Collins, however, agrees that it shall not sell or
otherwise provide for a third party to use such drawings, specifications, reports or other
documents and agrees to waive any and all claims it might have against A-E Design Associates,
PC, in connection with such reuse.
TERMINATION
This Agreement may be terminated by either party upon not less than 7 (seven) days' written
notice should the other party fail substantially to perform in accordance with the terms of the
Agreement through no fault of the party initiating the termination. If the City of Fort Collins fails
to make payments to A-E Design Associates, PC, in accordance with this Agreement, such
failure shall be considered substantial nonperformance and cause for termination or suspension
of services. This Agreement may be terminated by the City of Fort Collins upon not less than 7
(seven) days' written notice for the City of Fort Collins's convenience and without cause. In the
event of termination not the fault of A-E Design Associates, PC, A-E Design Associates, PC
shall be compensated for services performed prior to termination.
The City of Fort Collins and A-E Design Associates, PC, respectively, bind themselves, their
partners, successors, assigns and legal representatives to the other party to this agreement and
to the partners, successors, assigns and legal representatives of such other party with respect
to all of the covenants of this agreement. Neither the City of Fort Collins nor A-E Design
Associates, PC shall assign this agreement without the written consent of the other.
The effective date of this Agreement shall be the? ? in the year Two Thousand
Thirteen, between the City of Fort Collins and A-E Design Associates, PC.
Authorized Signature for the City of Fort Collins, Title Date
Richard S. Beardmore, PE, President
for A-E Design Associates, PC
Date
Attachments: Annotated Scope of Work
State Historical Fund Project Budget Exhibit
A-E Design Proposal Letter
A-E Design Fee Schedule (Rev. 6/11)
A-E Design Insurance References
A