HomeMy WebLinkAboutCHANGE ORDER - AGREEMENT MISC - DITESCO LLC (2)CHANGE ORDER NO.1 11+1r
PROJECT TITLE: DDA Old Town Square Renovations
PROJECT MANAGER: Ditesco
PROJECT NUMBER: We
PURCHASE ORDER NO.: 9141272
DESCRIPTION: (See below)
1. Reason for change:
The reason for this contract change is to amend the contract value to include additional services to the
Downtown Development Authority for the Renovation of Old Town Square. Ditesco has contracted with
CTL Thompson, Inc. to provide Geotechnical services during the design phase of the project and
contracted with King Surveying to provide additional survey of Linden Street. Additional services were
also provided through Ditesco's subcontractor, Slate Communications, to create a marketing video for
the Old Town Square Ghost Sign Kids -Starter campaign.
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2. Description of Change:
The description of the contract change Is summarized below and attached hereto as Exhibit A, B and C
j The contract addition for CTL Thompson's work authorized CTL Thompson to drill two (2) geotechnical
bore holes for soils sampling in Old Town Square. King Surveyor's was solicited to provide additional
horizontal layout survey of Linden Street. Slate Communications provided videography and post -
production services to create a video for the Ghost Sign Kick -Starter campaign. The costs associated
with each addition are summarized below:
Exhibit A - CTL Thompson Contract Addition - $3 500.00
Exhibit B -King Survey Contract Addition - $1,750.00
jExhibit C -Slate Communications Contract Addition - $2,457.08
3. Change in Contract Cost: $7,707.08
4. Change In Contract Time: None
TOTAL APPROVED CHANGE ORDER
TOTAL PENDING CHANGE ORDER
TOTAL THIS CHANGE ORDER
TOTAL % OF ORIGINAL CONTRACT, THIS C.O.
TOTAL % OF ORIGINAL CONTRACT, ALL C.O.'S
ADJUSTED CONTRACT COST
ACCEPTED BY: -may DATE:
Project Manager
ACCEPTED BY: DATE:
Owner if
APPROVED BY: DATE:
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Project Manager
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT Is made and entered into this 169, day of September.2014, by and between Dfresco.
JLrd. whose address Is 1315 Oakridge Drive Suite 120 FoA CalCallins CO 8052E hereinafter referred to as 'Prime
Consultant', and King Surveyorswhose address Is 550 East Garden Drive, Windsor. CO 80550, hereinafter
referred to as 'Subcontractor.'
WITNESSETH:
WHEREAS, Prime Consultant is in need of hiring an Independent Subcontractor to perform professional
services. Professional services ordered under this contract are defined as a bask survey for horizontal layout of
Linden Street. This description generally comprises the Scope of Work, as defined In the attached Exhibit A.
WHEREAS, Subcontractor has the time available and Is willing to perform the Professional Services
according to the terns of [his Agreement.
NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
TERM: The term of this Agreement shall be from September 16, 2014through and until survey
completion on or before December 31, 2014,
2. SERVICES PROVtDED BY SUBCONTRACTOR: Subcontractor agrees to perform tine
Professional Services as denned In Exhibit A, Scope of Work, for the compensation provided
below.
COMPENSATION: Prime Consultant agrees to pay Subcontractor for all services performed
hereunder at a not to exceed value of $1,750 (one -thousand. seven -hundred fifty dollars) for
horizontal layout survey services, as defined in attached Exhibit A.
The Prime Consultant further warrants that it has sufficient funds for payment of fees provided for
In this agreement. Compensation shall not be based upon project approvals, financing or any other
outcome.
3. INOEPENDENT CONTRACTOR: Subcontractor agrees that he or she Is an Independent contractor
and will not become an employee of Prime Consultant, nor Is he or she entitled to any employee
benefits from Prime Consultant as a result of the execution of this Agreement.
4. PROPERTY: Subcontractor agrees that all work products produced under this contract shall
become property of the Owner with copies provided to the Prime ConsultanL
5. INDEMNIFICATION DESIGN AND INSURANCE: Subcontractor agrees to Indemnify Prime
Consultant, Its members, managers and employees, against liability for Injury or damage caused by
any negligent act or omission by Subcontractor In the performance of Unix Agreement and shall
hold Prime Consultant harmless from any loss occasioned as a result of the performance of this
Agreement. Prime Consultant agrees to Indemnify Subcontractor Its officers and employees
against liability for Injury or damage caused by any negligent act or omission by Prime Consultant
In the performance of this Agreement and shall hold Subcontractor harmless from any loss
occasioned as a result of the performance of this Agreement
Subcontractor shall be responsible for the professional quality, technical accuracy, finely
completion and the coordination of all services rendered by Subcontractor and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
Page 1 of 3
ditesco
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B. NON -ASSIGNMENT: Subcontractor may not assign or transfer this Agreement, any Interest therein
or claim thereunder, without the prior written approval of Prime Consultant.
7. TERMINATION: Either party may terminate this Agreement at any time by providing the other party
with a 10-day written notice thereof. Furthermore, this Agreement may be terminated at any time
without notice upon a material breach of the terms of the Agreement. In the event of termination,
payment shall be due for all services and reimbursable expenses Incurred through the date of
termination.
8. TIME OF THE ESSENCE; Time Is or the essence In each and all of the provisions of this
Agreement
9. IAW/SEVERAUILITY; The laws of the Stale of Colorado shag 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.
10. ACCEPTANCE NOT WAIVER: Prime Consultant's approval of drawings, designs, plans,
specifications, reports, and Incidental work or materials furnished hereunder shall not to any way
relieve Subcontractor of responsibility for the quality or technical accuracy of the work. Prime
Consultant'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 Prime Consultant under this Agreement
11. NOTICES: Written notices required under this Agreement and all other correspondence between
the parties shall be directed to the following and shall be deemed received when hand -delivered or
three (3) days after being sent by certified mall, return receipt requested:
If to Prime Consultant: Dltesco, LLC
Keith Meyer, P.E.
1315 Oakridge.Drtve, Suite 120
Fort Collins, CO 80525
If to Subcontractor. IQng Surveyors
Larry Pepsk
850 East Garden Drive
Windsor, CO 80550
12. ENTIRE AGREEMENTIMODIFICATIONS: This Agreement constitutes the entire understanding
between the parties with respect to the promises and covenants made therein. No modification of
the terms of this Agreement shall be valid unless made In writing and agreed to by both parties.
Page 2 of 3
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IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 17 day of
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SUBSCRIBED AND SWORN to before me this ,1 day of
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My commission expires:
Notary Public
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Notary PuStele ofColoNoiuy ID 20081My Commiselon Expire2018
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ManEXHIBIT
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 411, day of August, 2014, by and between Ditesco. LLC
whose address is 1315 Oakddge Drive, Suite 120, fort Collins. CO 80525, hereinafter referred to as "Pdme
Consultant", and CTL Thompson, whose address Is 351 Linden Street, Suite 140, Fort Collins. CO 80524.
hereinafter referred to as "Subcontractor.'
WITNESSETH:
WHEREAS, Prime Consultant is in need of hiring an independent Subcontractor to perform professional
services. Professional services ordered under this contract are attached hereto as Exhibit "A' and comprise the
Scope of Work to be provided by the Subconsultant.
WHEREAS, Subcontractor has the time available and is willing to perform the Professional Services
according to the terms of this Agreement
NOW, THEREFORE, In consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. TER : The term of this Agreement shall be from August 4.2014, through and until survey
completion on or before October 1. 2014.
2. SERVICES PROVIDED BY SUBCONTRACTOR: Subcontractor agrees to perform the
Professional Services as defined in the Scope of Work, above, and as attached in Exhibit A.
COMPENSATION: Prime Consultant agrees to pay Subcontractor for all services performed
hereunder according to the amount set forth in the Scope of Work as $3,500 (three -thousand, five -
hundred dollars).
The Prime Consultant further warrants that it has sufficient funds for payment of fees provided for
In this agreement. Compensation shall not be based upon project approvals, financing or any other
outcome.
3. INDEPENDENT CONTRACTOR: Subcontractor agrees that he or she is an Independent contractor
and will not become an employee of Prime Consultant, nor is he or she entitled to any employee
benefits from Prime Consultant as a result of the execution of this Agreement.
4. PROPERTY: Subcontractor agrees that all work products produced under this contract shall
become property of the Owner with copies provided to the Prime Consultant.
5. INDEMNIFICATION, DESIGN AND INSURANCE: Subcontractor agrees to Indemnify Prime
Consultant, its members, managers and employees, against liability for injury or damage caused by
any negligent actor omission by Subcontractor in the performance of this Agreement and shall
hold Prime Consultant harmless from any loss occasioned as a result of the performance of this
Agreement.
Prime Consultant agrees to indemnify Subcontractor its officers and employees against liability for
injury or damage caused by any negligent act or omission by Prime Consultant in the performance
,of this Agreement and shall hold Subcontractor harmless from any loss occasioned as a result of
the performance of this Agreement.
Subcontractor shall be responsible for the professional quality, technical accuracy, timely
completion and the coordination of all services rendered by Subcontractor and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
Page 1 of 3
ditesco
6. NON -ASSIGNMENT: Subcontractor may not assign or transfer this Agreement, any interest therein
or claim thereunder, without the prior written approval of Prime Consultant.
7. TERMINATION: Either party may terminate this Agreement at any time by providing the other party
with a 10-day written notice thereof. Furthermore, this Agreement maybe terminated at anytime
without notice upon a material breach of the terms of the Agreement In the event of termination,
payment shall be due for all services and reimbursable expenses incurred through the date of
termination.
B. TIME OF THE ESSENCE; Time Is of the essence in each and all of the provisions of this
Agreement.
9. 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.
10. ACCEPTANCE NOT WAIVER: Prime Consultant's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials fumished hereunder shall not in any way
relieve Subcontractor of responsibility for the quality or technical accuracy of the work. Prime
Consultant'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 Prime Consultant under this Agreement.
11. NOTICES: Written notices required under this Agreement and all other correspondence between
the parties shall be directed to the following and shall be deemed received when hand -delivered or
three (3) days after being sent by certified mail, return receipt requested:
If to Prime Consultant: Ditesco, LLC
Keith Meyer, P.E.
1315 Oakridge Drive, Suite 120
Fort Collins, CO 80525
If to Subcontractor: CTL Thompson
Spencer Schram, PE
351 Linden Street, Suite 140
Fort Collins, CO 80524
12. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding
between the parties with respect to the promises and covenants made therein. No modification of
the terns of this Agreement shall be valid unless made in writing and agreed to by both parties.
Page 2 of 3
ditesco
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of llL�fti /
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Name*./Tl� /�/EyEi2
Title:
SUBCONTRACTOR:
By:
Name:
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SUBSCRIBED AND SWORN to before me this _b*L day or /k, +was �� . 1014 .
WITNESS my hand and official seal.
Notary Publicly - (�
My commission expires: 3, ,.e 11 r 'Lot TMMORMS
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STATE OF0010 A00
NDTMY1020141023616
WCOMMISSION DM SM 13,2019
Page 3 of 3
CTLITHOMPSON
August 1, 2014
(Revised August 4, 2014)
Ditesco
1315 Oakridge Drive - Suite 120
Fort Collins, Colorado 80525
Attention: Jill Burrell, El
Subject: Proposal for Geotechnical Investigation
Old Town Square Renovation
Fort Collins, Colorado
Proposal Number: FC-14-0301 Revised
CTLIThompson, Inc. (CTL) is pleased to present this proposal for geotechnical engineering
services related to the proposed construction at the subject location. Our understanding of
the project is based on the City of Fort Collins Request for Proposal (7595 Old Town Square
Reno`vation): -We.understand geotechnical services for the improvements will be used for
pavement, drainage, hand structural design. Structural design will likely include designs for
stage elements, foundations for canopies over stages and benches, seat wall designs, and
foundations for other accessory features.
To develop the required geotechnical design and construction criteria appropriate for this
project, you have requested we drill two borings, carry out a laboratory testing program and
provide you a report summarizing our testing and presenting geotechnical
recommendations. We understand the work will need to be completed within the timeframe
of 7:00 am and 10:00 am. Borings will be backfilled with pea gravel and pavers removed
during our investigation will be replaced. A detailed scope of services is included within the
attached Service Agreement- We propose to provide the geotechnical engineering services
described for a lump sum fee of $3,500. For any other services you may need with this
project, our fee schedule is included with the attached Service Agreement as Exhibit B.
CTL will make appropriate effort to complete the work described within a reasonable period.
Based on the described project scope, we anticipate completing the project about 3 to 5
weeks following your notice to proceed. Additional work, changes to the project scope, or
unforeseen complications due to third parties may require additional time. Our Mr. Spencer
Schram will be the Project Manager and your key contact for the geotechnical portion of this
project.
351 Unden Street, Suite 140, 1 Fort Collins, CO 80524 1 Phone: 970•206-9455 1 Fax: 970-206-9441 1 www-ctlt.com
T
If this proposal and the attached Service Agreement are acceptable, please complete, sign,
and return a copy for our records. Thank you for your consideration. We look forward to the
opportunity to work with you on this project. When you are ready for us to begin work or if
you have any questions, please contact the undersigned.
Respectfully Submitted,
CTL I THOMPSON, INC.
49e-&�Ak-
Spencer Schram, PE
Geotechnical Department Manager
DrrESCO
CTLIT PROPOSAL NO. FC-14.0301 REVISED
2
Exhibit A
CTLITHOMPSON
GEOTECHNICAL INVESTIGATION $3,500
1. Drill two borings in the area of the proposed construction.
• Borings will be drilled to depths of 30 feet or to auger drill refusal.
• Samples will be taken for additional testing
• Groundwater levels will be measured in the borings upon completion.
2. Test some samples from the borings as we believe needed for the analysis. Testing will
include gradation, Atterberg limits, swell -consolidation, water-soluble sulfate, and Hveern
Stabilometer testing. Soil samples will be retained in the upper 5 feet for future permeability
testing, if needed.
3. Prepare a report summarizing the results of the field and laboratory work proposed above,
and CTL's analysis, opinions, conclusions and recommendations Including the fallowing:
• A general description of the proposed construction site
• A location map showing the boring locations
• Summary logs of the borings with descriptions of the soilstbedrock and groundwater
levels measured in the borings.
• Discussions regarding:
- recommended foundation types and design criteria;
- recommendations for slab -on -grade floors and/or other floor systems
depending upon the engineering properties of the ground;
- lateral load criteria for design of below -grade walls and retaining walls, if
needed;
- recommendations for compaction of engineered fill, foundation wall backf ill and
utility trench backfill, as needed;
- excavation considerations including excavation difficulties, side slopes, slope
bracing and temporary dewatering recommendations, if needed;
- the acceptability of on -site natural soils and existing fill for reuse as engineered
fill;
groundwater affects on the proposed construction. A subsurface drain design,
if needed, will be provided;
- need for special cement In concrete contacting foundation soils if the site
soils/bedrock samples are high in water-soluble sulfates; and
- pavement section alternatives and construction recommendations.
4. Two hard copies and one digital copy will be provided signed by a Professional Engineer
registered in the State of Colorado.
DfTrsco Service Agreement Page 5 of 7
CTLIT SERVICE AGREEMENT NO. FC-14-0301 REVISED -
Exhibit B IF
CTLITHOMPSON
p�m nbl Includes analysis and preparation of reports, calculation time, travel, consultation, sample preparation and direct supervision of the CTL
Field
Investigation
Services
Coring (2 Hour Minimum) 1151 hour
Construction
Observation
and Testing
Services
X14108
DITESCO Service Agreement Page 6 of 7
CTLIT SERVICE AGREEMENT NO. FC•14-0301 REVISED
Exhibit B IF
CTLI,THOMPSON
Specialized
Testing and
Services
Environmental Assessment, Remedia6an Design, Underground Storage Tanks, Environmental Quote on Request
Drilling and Sampling, Methane Hazard
3114/DS
DITESCO Service Agreement Page 7 of 7
CTLIT SERVICE AGREEMENT NO. FC•14-03DI REVISED