HomeMy WebLinkAbout24-98 Approving an Agreement with the Town and Davis Partnership Architects for Design Services for PUD District Plan on Central Park 10-23-2024RESOLUTION NO. 2498
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN
THE TOWN OF FIRESTONE AND DAVIS PARTNERSHIP ARCHITECTS
FOR ARCHITECTURAL AND LANDSCAPE DESIGN SERVICES
PERTAINING TO DEVELOPMENT OF A GENERAL PUD DISTRICT PLAN
FOR CENTAL PARK
WHEREAS, the Town of Firestone(("Town") is in need of professional architectural and
landscape design services to assist the Town in developing a General PUD District Plan for the
Central Park Project ("Project"); and
HE 2EAS, Staff' recommends that Davis Partnership Architects DPA" he selected to
provide the Project services. as a sale source provider because as they are currently working with
the Town`s Consultant I''3 regarding the Central bark blaster Plan they already have the expertise,
qualifications and knowledge ofthe matter required to perform the services and it is therefore in
the Town's hest interest to have DPA perform the Project's services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO
The Professional Services Agreement for Architectural and Landscape Design Services
between the Town of Firestone and Davis Partnership Architects pertaining to the development of
a General PUD District Plan for the Central Park Pro ect is approved in substantially the same
form as the copy attached hereto and made a part of this Resolution. The Mayor is authorized to
execute the Agreement on behalf of the Town.
PASSE A... ADOPTED this 23rd day of October, Ct24.
ATTEST:
Missy Carranco, Deputy Town Clerk.
S.
A. Contractor shall furnish all labor and materials required for the complete and prompt execution
and performance of all duties, obligations, and responsibilities which are described or reasonably
implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated
herein by this reference and known as: Development of Firestone Central Park Initial PUD
A2O24-9920)
B, A change in the Scope of Services shall not be effective unless authorized as a modification to this
Agreement, If the Contractor proceeds without such written authorization, Contractor shall be deemed to
have waived any claim for additional compensation, including a claim based on the theory of unjust
enrichment, quantum merit or implied contract ♦ Except as expressly provided herein, no agent, employee,
or representative of the Town is authorized to modify any term of this Agreement, either directly or implied
by a course of action.
* ► * *Agreement
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In consideration for the completion of the Scope of Services by Contractor, the Town shall pay
Contractor based upon services rendered and billed in accordance with the rate schedule
i
attached here to as Exhibit A, but in no event shall the total compensation exceed $45,000.00.
This amount shall include all fees, costs and expenses incurred by Contractor, and no additional
amounts shall be paid by the Town for such fees, costs, and expenses.. Contractor may submit
periodic invoices, which shall be paid by the Town within 30 days of receipt,
A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the
services described herein and has all requisite corporate authority and professional licenses in
good standing, required by law. The work performed by Contractor shall be in accordance with
generally accepted professional practices and the level of competency presently maintained by
other practicing professional firms in the same or similar type of work in the applicable
community. The work and services to be performed by Contractor hereunder shall be done in
compliance with applicable laws, ordinances, rules and regulations, including the preference for
Colorado Labor set forth in C.R.C. Article 17 Title 8.
B. The Town's review, approval or acceptance of, or payment for any 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.
C Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ
Sub -Contractor s to perform any work except as expressly set forth in the Scope of Services,
A. Any materials, items, and work specified in the Scope of Services, and any and all related documentation
and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor
expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a
"work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor
hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work, The Town
may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy,
alter, retouch; modify, adapt, translate, or change such work without providing notice to or receiving
consent from Contractor.
B: If the Town reuses or makes any modification to Contractor's designs, documents or work product without
the prior written authorization of Contractor , the Town agrees, to the fullest extent permitted by law, to
release the Contractor , its officers, directors, employees and sub -Contractor s from all claims and causes
of action arising from such uses, and shall to the extent permitted by law indemnify and hold them
harmless from all costs and expenses, including the cost of defense, related to claims and causes of
action to the extent such costs and expenses arise from the Town's modification or reuse of the
documents;
C, The Town expressly acknowledges and agrees that the documents and data to be provided by Contractor
under the Agreement may contain certain design details, features and concepts from the Contractor's
own practice detail library, which collectively may form portions of the design for the Project, but which
separately, are, and, shall remain, the sole and exclusive property of Contractor . Nothing herein shall be
construed as a limitation on the Contractor's right to re -use such component design details, features and
concepts on other projects, in other contexts or for other clients.
Page 2 of
Contractor is an independent Contractor. Notwithstanding any other provision of this Agreement,
all personnel assigned by Contractor to perform work under the terms of this Agreement shall
be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall
make no representation that it is a Town employee for any purposes,
A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by
Contractor pursuant to this Agreement. At a minimum, the Contractor shall procure and maintain,
and shall cause any Sub -Contractor to procure and maintain, the insurance coverages listed
below, with forms and insurers acceptable to the Town.
1 Worker's Compensation insurance as required by law,
. Commercial General Liability insurance with minimum combined single limits of
$1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be
applicable to all premises and operations and shall include coverage for bodily injury,
broad form property damage, personal injury (including coverage for contractual and
employee acts), blanket contractual, products, and completed operations. The policy
shall contain a severability of interests provision, and shall include the Town and the
Town's officers, and employees, Contractor as additional insureds. No additional insured
endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
3, Professional liability insurance with minimum limits of $1,000,000 each claim and
$2,000,000 general aggregate.
B, Such insurance shall be in addition to any other insurance requirements imposed bylaw. The coverages
afforded under the policies shall not be canceled, terminated or materially changed without at least 30
days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive
dates and extended reporting periods shall be procured to maintain such continuous coverage. Any
insurance carried by the Town, its officers, and its employees Contractor shall be excess and not
contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any
deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are
in full force and effect. The certificate shall identify this Agreement.
Vlll. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers,
representative, agents, employees, heirs and assigns from and against all claims, liability, damages,
losses, expenses and demands, including attorney fees, on account of injury, loss, or damage,
including without limitation claims arising from bodily injury, personal injury, sickness, disease;
death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or
are in any manner connected with this Agreement if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness
or other fault of Contractor , any Sub -Contractor of Contractor , or any officer, employee,
Page 3 of
representative, or agent of Contractor , or which arise out of a worker's compensation claim of
any employee of Contractor or of any employee of any Sub -Contractor of Contractor. Contractor
's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed,
that amount represented by the degree or percentage of negligence or fault attributable to
Contractor, any Sub -Contractor of Contractor , or any officer, employee, representative, or agent of
Contractor or of any Sub -Contractor of Contractor
B. If Contractor is providing architectural, engineering, surveying or other design services under this
Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be
determined only after Contractor's liability or fault has been determined by adjudication, alternative
dispute resolution or otherwise resolved by mutual Agreement between the Parties, as provided by
CR S § 13µ5g.5-1 (8)(c).
A. Change Order is a written instrument issued after execution of the Agreement signed by Town
and Contractor, stating their Agreement, as applicable, upon all of the following:
1. The scope of the change in the Work;
2. The amount of the adjustment to the Contract Price and
3. The extent of the adjustment to the Contract Times(s)>
All changes in the Work authorized by the applicable Change Order shall be performed under
the applicable conditions of the Contract Documents Town and Contractor shall negotiate in
good faith and as expeditiously as possible the appropriate adjustment of such changes..
A Coverning .aw and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County,
Colorado.
No Waiver, Delays in enforcement or the waiver of any one or more defaults or breaches of this
Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of
this Agreement.
C. lnte ration. This Agreement constitutes the entire Agreement between the Parties, superseding
all prior oral or written communications,
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when
personally presented or sent pre -paid, first-class United States Mail to the Party at the address
set forth on the first page of this Agreement;
F.Severability If any provision of this Agreement is found by a court of competent jurisdiction to
be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full
force and effect.
S. Modification. This Agreement may only be modified upon written Agreement of the Parties.
€ , Assignment; Neither this Agreement nor any of the rights or obligations of the Parties shall be
assigned by either Party without the written consent of the other,
Page 4 of 6
f
. Ss.
L Governmental Immunity. The Town and its officers, and employees, are relying on, and do not
waive or intend to waive by any provision of this Agreement, the monetary limitations or any
other rights, immunities or protections provided by the Colorado Governmental Immunity Act,
CRS § 2410101, of seq., as amended, or otherwise available to the Town and its officers,
attorneys or employees.
J.ights and Remedies, The rights and remedies of the Town under this Agreement are in addition
to any other rights and remedies provided by law, The expiration of this Agreement shall in no
way limit the Town's legal or equitable remedies, or the period in which such remedies may be
asserted, for work negligently or defectively performed.
K. Sub`dct to Annual A ro nation. Consistent with Article X, § 20 of the Colorado Constitution,
any financial obligation of the Town not performed during the current fiscal year is subject to
annual appropriation, shall extend only to monies currently appropriated, and shall not constitute
a mandatory charge, requirement, debt or liability beyond the current fiscal year.
Lx Re resentative A€thorit . Each person signing this Agreement represents and warrants that he
or she is duly authorized and has the legal capacity to execute the Agreement.
TOWN OF FIRTOEOLORADO
Neon ConyJr. : or
ATTEST:
Missy Carranco, Deputy Town Clerk
thA
Page 5 of 6
Contractor's C uti liv r ble
Pagof6
ltc l �irestone Central C'ar ; -- Initial I'll ?
rchitectu al aand Landscape Scope lee proposatl
The following c>utlit es the scope and fwii Icit.landscape and archite rural services to develop
la General Pt D District Plan in accordance with the I^firestone. Development C; ode j DC:),
•DPA Landscape Architecture will:
(ic»stlinzate >itI thc u- t of I i estone an develc l r draft General 1 1'1 Distri DENVER trr t
I lan ("trvo I'l'I)'5) fctr review atad corn irent. i' Icet rx tli `I i tea review plaan 2201 Mak Stre t, cr#te toff
together, D nver`, CO 80205
ene al PU I istrict flan tc.> define the foii s 3, t,s55
La d Use cate ctri it each development block rww,c[avispartm rship.com
u 1laajo r(7ad \ I i }at of ry <it -s
Si lent raal strectscaapt standaatds fo each Fight c>f \c
I ermitted uses with n eaach land use crate cir
Open space and part in requirements for each use in each deg=elr l ts�es t
bloc k
Setback require ents ft r each der elopment. block
c iI t buildiszc I lei ht atad 1 uiklin covera e frar each dev 1 t hlt ck
General Landscape rec.It,zirements r itlaizi catch dc.r-cicaptelezit block
c I.`.stablishment c f aril desired Stier cc rridors
ct 1'stablishm nt of I evelopment t aajttr etatr ` and emit paints
e General description of extericar lighting rccluireratcnts,
* C:xener°al 1't. l) I~)a^ tric.t Plan rr=ill be based upcan general direction
established bIiaaster planning efforts It c aate, Sec attached.
tt Identify Ii tccted �� ell head areas :and alloyed treatment of the>se arcats
within cYatcb dtvelcipt ient black.
ri Provide Master Plani phics as requested b To ca ,
• C u rent tore=ii r:csnin clatssiFicatic>ns ill be applied as <apltt'tapriate te, each individual
development black,
o Refine f3enertal I L'I) L)istcii't Plan f`iar "I`i:trvn •meeting cr>niments.
Prelaare. and subunit to C fie ner<al i'i "I ) I)istri t Plan in accordance with Team of
Piresttnne Land Development Code: section 1i 7I5 .l e amts t --- Planned 1 ttth"
[)crr1gp)Sw>rai (l Dl I)isiri I
,A HIT Eet"ta2 - a. k* C l I ARCHITECTURE - 1 ON t - INTERIOR I I N m Li H I C- "WA IN I G I C fl luti n
Nate
Date
Page 2
Rev se Cu or P1 1 District Plan per 'Iown con�ftnents if needed. Prepare and
resubmit P1 1) package, along with written responses to'I'own connnent:s and
narrative of seeisions,
•Attend Board of "I'rustecs or other t'oci n staf=f nteettn , if heeded, to provide
clarifications. Assume (2) occurrences.
Hourly not to Exceed: '1 Total $ 45,000
�ssun ptions Exelusions:
• \X e understand that the 1)eelopment Director ma) ° is au e submittal information as
outlined in I.,.I)(;, at their discretion. 'I he following Pt .TI) District Plan req inetnents
outlined in I'iX section 16.?.a(13)(2)(C;)(I) F) arc: excluded from this proposal and
scope ofiswork in anticipation of such requirements being s~ ui ed:
C.'tzlr'Ppar.:
Crritciirt and Ira ire £ in.
c I\urn ral ca I n.vni F n onrtr rvt(t.ticrra rlciia.
O flu rIin loor plan rin eleit or
ct I etiarled P it r ivr , In 1 liii an l rJela dr arzd 1 erl:. in arz e it xadtia //a izit ` m it r me
Ieitelitrneaat lelooc
et .S iiaioe:
C 1'1?irtanrzetrr I> an.
• All plans will be prepared using 1 own -pro -ided land survey dated Feb 26, 2021
prepared by Cu it .rts..
• It is assumed that the Tows will provide comments on the initial PCI) submission
and the scope includes (1) round of recisions and resubmission.
• Requests for significant changes in scope, design framework, or land use designation
after initial PUD District Plan preparation may be accommodated for additional fee,
as agreed upon in writing.
Sincerely,
Danis Part rship itects
spl ear-Ir1,ZFI LEED
Principal.
A ttaclatnents,
Conceptual Master flan
l )avris Partnership 2021 Billable Rates
Accepted bS° Race:
Printed Name. __.
2024 Btlhng Rtes
Staff Type
Category
Billing Rate
50
Principal
$235 - $275
51
Associate Principal
$225 - $250
52
Senior Associate
$210 - $220
Associate
5195 - $210
95
enior Architect
$165 - $210
56
Architect
$'125 - $170
60
Senior Architectural Intern
$156 - $210
57
Architectural Intern
$ 6r $1413
61
Senior Landscape Architect
$1603 - 51 9(3
62
Landscape Architect
$105 - $160
Landscape Architectural Intern
5_ 65 _ $130
65
Senior Interior Designer
$166 - $100
66
Interior Designer
$125 - $160
67
Interior Design Intern
$ 90 - $135
Furniture Specialist
5150 - 5165
H1111 Fevit 1 Fly
$130 - 5265
Senior Lighting Designer
5160 - 5175
63
Lighting Designer
5'110 - 5150
85
Environmental Siunac e Designer
$140 - $205
75
Administrative Staff
$ 60) -S 90
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