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HomeMy WebLinkAboutLAUREL ELEMENTARY SCHOOL 1000 EAST LOCUST STREET - Filed OA-OTHER AGREEMENTS - 2008-03-03PROFESSIONAL SERVICES AGREEMENT r THIS AGREEMENT made and entered into this day of 1984, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City" and DOWNING/LEACH AND ASSOCIATES, INC. hereinafter referred to as the "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scoue of Services. The Professional agrees to provide services in accordance with the project description attached hereto as Exhibit "A" and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B" and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within 14 days following execution of this Agreement. Services shall be completed no . later than September 30, 1984. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Design, Project and Insurance Resocnsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all designs, plans, reports, specifications, drawings and other services rendered by the Professional and shall, without additional compensation, promptly remedy and correct any EXHIBIT "C" SPECIAL PROVISIONS LAUREL SCHOOL NEIGHBORHOOD MASTER PLAN 1. $2,300 payment due October 14, 1984, could be withheld pending com- pletion of the project, unless otherwise approved by the Steering Committee. 2. Up to $1,000 additional funds can be made available for a transpor- tation consultant upon approval by the Steering Committee. 3. $500 of the $23,500 available for this project are allocated for reimbursable expenses separately, amounts over the $500 total need to be approved by the Steering Committee. 4. Working drawings referenced to in Section 7 of the Agreement will be "camera-ready art." RESOLUTION 84- 193 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CITYSCAPE URBAN DESIGN, INC. FOR PREPARATION OF A MASTER PLAN FOR THE LAUREL SCHOOL NEIGHBORHOOD WHEREAS, as the development and growth of Fort Collins proceeds, the preservation of viable residential areas in combination with economic growth is essential to maintaining the quality of life; and WHEREAS, to meet this goal it is imperative that integrated master plans be developed for the historical and residential neighborhoods sur- rounding downtown Fort Collins; and WHEREAS, City Council approved an expenditure of Community Development Block Grant funds for a Master Plan for the Laurel School Neighborhood on June 7, 1983, in Resolution 83-102; and WHEREAS, pursuant to the City's Capital Project Management Control System guidelines, Cityscape Urban Design, Inc., presented a proposal for said Master Plan for Laurel School Neighborhood for the total sum of Twenty -Five Thousand Dollars ($25,000); and WHEREAS, pursuant to Section 2-66 of the Code of the City of Fort Collins, no professional Services Agreement in excess of Twenty Thousand Dollars ($20,000) shall be entered into until approved by the City Council in an open Council meeting. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the City Manager be, and hereby is, authorized to enter into a professional services agreement with Cityscape Urban Design, Inc., for a Master Plan for Laurel School Neighborhood, said services to be performed by Cityscape Urban Design, Inc., for a sum not to exceed Twenty -Five Thousand Dollars ($25,000). Passed and adopted at a regular meeting of the City Council held this 18th day of December, A.D. 1984. Mayor ATTEST: Ali tD� City Clerk errors, omissions, or other deficiencies as provided in Paragraph 13 hereof. The Professional shall indemnify, save and hold harmless the City, from all damages whatsoever to the City, or claimed by third parties against the City, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agree- ment. The Professional shall maintain public liability insurance in the amount of $500,000; property damage insurance in the amount of $500,000; and errors and omissions insurance in the amount of $1,000,000.00 . 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and direct cost basis according to the following schedule: May 31, 1984 $4,140 June 30, 1984 $4,140 July 31, 1984 $4,140 August 31, 1984 $4,140 September 30, 1984 $4,140 October 14, 1984 $2,300 with maximum compensation (for both Professional's time and direct cost) not to exceed Twenty -Three Thousand Dollars ($23,000). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City verified progress in completing the services to be performed pursuant hereto and upon approval of the Professional's actual reimbursable costs. Final payment shall be made following acceptance of the work by the City, subject to statutory retentions for unresolved claims. -2- 6. City Representative. The City will designate, prior to commence- ment of the work, its project representative who shall make, within the scope of his authority as provided by ordinance and in the Capital Project Management Control System, all necessary and proper decisions with refer- ence to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as con- structed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. 8. Monthly Report. Commencing thirty (30) days after Notice to Proceed and eve y (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Special Provisions. Any special provisions or conditions relating to the services to be performed pursuant to this Agreement, if any, shall be set forth in Exhibit "C" as attached hereto and incorporated herein by this reference. -3- 10. Independent Contractor. The services to be performed by Profes- sional are those of an independent contractor and not as an employee of the City of Fort Collins. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidential work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 13. 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. 14. Remedies. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the non -defaulting party may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and M require specific performance; or (c) avail himself of any other remedy at law or equity. In the event the Professional fails or neglects to carry out the work in accordance with this Agreement, the City may elect to make good such deficiencies and charge the Professional therefor. In the event of default of any of the agreements herein by either Party which shall require the party not in default to commence 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. IN 'WITNESS 'WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. APPROVED AS TO FORM: i y Attorn ATTEST: THE C Z OF FORT COLLINS, COLORADO M PROFES a ecretary /Jz� anager -5- EXHIBIT "A" SCOPE OF SERVICES LAUREL SCHOOL NEIGHBORHOOD MASTER PLAN 1.0 PROBLEM DISCOVERY 1.1 Design a "layered system" of meetings 1.1.1 Conduct workshops with city staff representatives and utility agency planners. Identify plans already committed to action. 1.1.2 Conduct (sub)neighborhood workshops. Include neighborhood grouts, churches, schools, associations, such as the Core Area Neighborhood Asso- ciation, Downtown Development Authority, and Mid -Town Merchants Associa- tion. Identify issues, trends. 1.1.3 Summarize issues from all perspectives. Identify areas of common agreement, and areas where disagreement can generally be predicted. 1.2 Collect and review existing data, plans, and studies. 1.2.1 Including but not limited to: City goals and objectives; parks plan, transportation plan draft; design guidelines study; National Register nomination; neighborhood meeting records. 1.3 Define "neighborhood character." 1.3.1 Define physical character. 1.3.2 Define social character. 1.4 Identify current trends in development. 1.4.1 Consider the neighborhood within the context of the City at large. 1.4.2 Describe socio-economic trends in population. 1.4.3 Describe use of current regulations and enforcement procedures. 1.4.4 Identify new building prototypes appearing. 1.4.5 Illustrate potential development under current regulations (using scenario techniques). 1.5 Develop program of requirements for the planning procedure. 1.5.1 Quality of the process: Who participates? How? What are the roles? 1.5.2 Define quality and type of final product to come out of the process. 1.5.3 Define boundary of the neighbornood. 1.5.4 Discuss expectations for implementation of the plan. 1.6 Summarize results of Step One. 1.6.1 Prepare a written summary of all meetings. 1.6.2 Prepare recommended scope of next steps. 1.6.3 Define timetable for next steps. 1.6.4 Submit to Steering Committee for approval before proceeding. 2.0 CONCEPT DEVELOPMENT 2.1 Prepare alternative scenarios of development. 2.1.1 Identify the goals, objectives and policies which define the scenario. 2.1.2 Identify elements that would facilitate/hinder each of the scenarios. 2.1.3 Identify and illustrate the scenario most likely to occur. 2.1.4 Identify and illustrate the scenario most preferred. 2.2 Interpret (break down into components) the preferred scenario as an outline of the "plan" for the neighborhood. 2.3 Submit outline to Steering Committee for approval before proceeding. 2.3.1 Prepare a written summary of all meetings. 3.0 DETAILED PLAN RESOLUTION 3.1 Identify specific recommended outcomes for these topics: 3.1.1 Land use 3.1.2 Housing 3.1.3 Circulation 3.1.4 Parking 3.1.5 Utilities 3.1.6 Historic preservation 3.1.7 Recreational facilities 3.1.8 Architecture 3.1.9 Neighborhood character 3.2 Utilize specialized expert in transportation planning if deemed ne- cessary by Steering Committee. 3.3 Develop specific outcome recommendation through work sessions. 3.3.1 Identify trade-offs, conflicts and policy implications of the recom- mendations being considered. 3.3.2 Prepare a summary of the specific recommendations to be adopted. 3.4 Submit summary to Steering Committee for review and approval before continuing. 4.0 IMPLEMENTATION MOMENTUM 4.1 Identify specific actions needed to achieve recommended outcomes. 4.1.1 Subdivide actions into doable, understandable tasks. 4.1.2 Tasks will include: Physical actions; legal tools; enforcement procedures. 4.1.3 Include immediate, short-range actions to demonstrate momentum. 4.2 Identify "action groups" responsible for implementing each 4.2.1 Match action group with appropriate authority and resources needed to implement individual actions. 4.2.2 Obtain conceptual commitment from action group to follow through with implementation. 4.3 Develop timetable for implementation. 4.4 Identify probable costs of implementing. 4.5 Summarize actions in a matrix. 4.6 Obtain commitment to impl,ement short-range actions, and to monitor the results. 4.7 Submit to Steering Committee for review and approval in work session. 5.9 ACTION DOCUMENTS In some cases, a specific amendment to an ordinance will be recommended, or a new legal document will be required. In these cases, specific outlines of the contents of these documents will be prepared. Some of the documents that may be considered are: -Revised building code chapter for renovation of older buildings -Clearer performance standards for reviewing PUD summittals under the Land Development Guidance system -Housing code -Design guidelines -Special district designations -Critical path chart of interrelated planning decisions, indicating how agencies should use the Plan. 6.0 FINAL DOCUMENT Produce and supply to the Steering Committee by September 30, 1984, a camera-ready final draft document. The final draft document will become the property of the City of Fort Collins. EXHIBIT "B" WORK SCHEDULE LAUREL SCHOOL NEIGHBORHOOD MASTER PLAN PHASE 1.0 Problem Discovery 2.0 Concept Development 3.0 Detailed Plan Resolution 4.0 Implementation Momentum 5.0 Action Documents 6.0 Final Document 1 COMPLETION PERIOD June 30, 1984 June 30, 1984 July 31, 1984 September 30, 1984 September 30, 1984 September 30, 1984