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HomeMy WebLinkAbout21-203 AGREEMENT BISHOP LAYTON INC DBA DESIGN CONCEPTS FRONT END SPECS FOR PARKS TRAILS AND OPEN SPACE 12-8-2021RESOLUTION NO. LI-ZUJ A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TO«'N OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BISHOP LAYTON INC DBA DESIGN CONCEPTS FOR THE PREPARATION OF FRONT END SPECIFICATIONS FOR PARKS CONSTRUCTION PROJECTS AND PARKS TRAILS AND OPEN SPACE STANDARDS «jHEREAS, as part of its services for the Town staff requested that Design Concepts prepare Front End Specifications for Park Construction Projects and Parks Trails and Open Space Standards; and WHEREAS, Design Concepts which has the qualifications and experience to perfan7n such tasks presented the Town a Scope of Work which addresses the Towns requests in a cost effective manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Agreement for the preparation of Front End Specificatians for Park Constriction Projects and Parks Trails and Open Space Standards is approved in substantially the same form as the copy attached hereto and made a part of this resolution, and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 8tli day of December, 2021. Bobbi Sindelar, Mayor ATTEST: ?g, CMC, Town Clerk APPROVETAAS T William P. Hayashi, To�vi Attorney AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 8th day of December, 2021 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town"), and BISHOP LAYTON INC DBA DESIGN CONCEPTS, an independent contractor with a principal place of business at 211 North Public Road Suite 200 Lafayette, Colorado 80026 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES 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: Park Standards and Specs. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If 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. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B, Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $15,420.00. 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. Page 1 of 9 FIfit I Nt C 0 L 0 it A D 0 IV. PROFESSIONAL RESPONSIBILITY 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. 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 subcontractors to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP 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. If the Town reuses or makes any modification to Consultant's designs, documents or work product without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law, to release the Consultant, its officers, directors, employees and sub -consultants from all claims and causes of action arising from such uses, and shall 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. The Town expressly acknowledges and agrees that the documents and data to be provided by Consultant under the Agreement may contain certain design details, features and concepts from the Consultant'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 Consultant. Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. /it INDEPENDENT CONTRACTOR 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. Page 2 of 9 FC 16ESTON IA VIi. INSURANCE 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, Contractor shall procure and maintain, and shall cause any subcontractor 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. 2. 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, employees, and contractors 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 by law. 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, its employees or its contractors 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. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteersI representative, agents, employees, heirs and assigns from and against all claims, liaty, 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, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, 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 subcontractor 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 subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. Page 3 of 9 FIRESTONE G O L 0 It A D 0 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 C.R.S. § 13-50.5- 102(8)(c). IX. WORKERS WITHOUT AUTHORIZATION A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this Agreement, C. Verification. 1, If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program, 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, as that term is defined in C.R.S. § 8-17,5-101(9), as amended, who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 3 hereof, the subcontractor does not stop employing or contracting with the worker without authorization who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this Agreement. Page 4 of 9 4� FI�ESTONEI �OLORADO D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law 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, B. 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 obligation of this Agreement. C. Integration. 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 directly 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. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. 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. I. Governmental Immunity. The Town and its officers, attorneys 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, C.R.S. § 24- 10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights 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. Page 5 of 9 FIRESTONE C 0 L 0 It A 0 0 K. Subject to Annual Appropriation. 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. L. Representative Authority. Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: own Clerk APP William P. Hayashi, Town Attorney Bobbi Sindelar, Mayor BISHOP LAYTON INC DBA DESIGN CONCEPTS By, 12.1.2021 Page 6 of 9 FI�ES1'ONEa c v 1, 0 u A I) Q NO EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one: ❑ I, , am a sole proprietor doing business as I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR ❑ I, am the sole owner/member/shareholder of a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. ❑ 1 am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: ■ A valid Colorado driver's license or a Colorado identification card; ■ A United States military card or a military dependent's identification card; ■ A United States Coast Guard Merchant Mariner card; ■ A Native American tribal document; ■ In the case of a resident of another state, the driver's license or state -issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or ■ Any other documents or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's citizenship/lawful presence and identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE') program, and provide such verification to the Town. Signature Page 7 of 9 C 0 1. O It A U 0 Date To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program I, , as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature STATE OF COLORADO COUNTY OF The foregoing 2021, Date ss. instrument was subscribed, sworn to (or affirmed) before me this Mi My commission expires: (SEAL) as Notary Public Page 8 of 9 ,�A„<a Contractor's Duties Town: EXHIBIT A SCOPE OF SERVICES During the term of this Agreement, Contractor shall perform the following duties, as directed by the • Please see attached Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: • Please see attached Page 9 of 9 f C IRESRON; !0 DESIGN CONCEPTS Community+ Landscape Architects July 14, 2021 Chuck Bradt Park Division Manager Town of Firestone, Colorado 303,901 v0227 Cbradt@FirestoneCo.gov Re: Town of Firestone's Standard Specifications Dear Chuck: Exhibit A Attachment Thank you for giving us this opportunity to provide services in preparing The Town of Firestones Front End Specifications, Landscape/Irrigation, Park amenities, Playground equipment and Trails standards and specifications. Proper coordination of all documents will be critical to the overall success of every parks, trails and open space project the Town decides to design and construct. Our understanding and project scope includes two parts with: 1) writing and assembling Front End Specifications which represents the administrative, organizational, performance and payment requirements for construction projects. Front End Specifications typically would include: • Invitation to Bid • Bid Proposal Form • Schedule of Unit Prices • Construction Agreement • General Conditions of Contract • Instructions to Bidders • Supplementary Instructions to Bidders • Bid Bond • Performance Bond Payment Bond 2) writing and assembling landscape/irrigation, park amenities, playground equipment and trail standards that are intended to indicate the requirements of the Town of Firestone's park development and are an accurate description of the minimum standards acceptable. These standards typically would include: • Plan submittals • Site preparation • Soil preparation • Seeding specifications • Sodding specifications • Planting specifications • Tree Recommendation List • Protection of existing vegetation • Shrub Bed mulch specifications • Fertilization specifications • Irrigation specifications • Maintenance Procedures Page 1 of 4 ?_ll North Public Road, Suite 200 Lafayette. CO 80026 303.664.5301 www.dcla.ne[ Reimbursable Expenses Reimbursable items include delivery, printing, and reproduction to be used outside our office and will be billed as part of the lump sum fee for Basic Services. Project Restart Once the project is underway, should it be halted at any time for more than 30 calendar days by Client, for any reason, Design Concepts shall have the option of assessing a project restart fee and renegotiating the contract fee, hourly rate, and reimbursable schedule. Terms This fee proposal as submitted is valid until the end of year 2022. Payment for services rendered is billed monthly on the fifth day or at the termination of the project. Payment is due within 30 days of billing date. Any portion of a billing not paid within 60 days of the billing date shall be considered delinquent and shall bear a delinquency charge of one and a half percent (1.5%) per month (annual percentage rate 18%) on the unpaid balance. Rates subject to change without notice. Insurance Design Concepts currently carries and will maintain Professional Liability Insurance with a IV) ,Ann ,000 limit per claim/$2,000,000 aggregate: General Liability Insurance with a $2,000,000 general limit, Auto Liability Insurance with a combined single limit of $1,000,000 and Workers' Compensation Insurance with a $2,000,000 limit each for accident and disease. Certificates will be provided upon request. Please contact me if you would like to further discuss any of our proposed services and fees or need further clarification. Very Truly Yours, - Shanen Weber, PLA, ASLA Principal shanen(cbdcla.net d - 720.573.6502, Cell — 720027303882 DESIGN July 14, 2021 CONCEPTS Page 3 of 4 • Warranty specifications Included would be a Park Amenities and Playground equipment section that will consist of: • Soft ball, baseball, sports equipment (field specifications) Playground equipment Also, a trails, walkways and maintenance paths section that includes: • Soft trails • Trail specifications • Types of trails Design standards and technical specifications for parks, trails and open space signage is not included in this proposal but can be written and assembled for an additional fee. We would like to offer the following proposal for our services: Basic Services The composition for both documents will follow the same process. Front End Specification document • Compose a draft Front -End Specification document for review by Town Attorney Review meeting with Town to go over comments and revisions • Revise Front -End Specifications based on edits • Finalize Front -End Specifications • Provide electronic files for future use by Town Parks Trails and Open Space Standards document • Create a parks, trails, open space and landscape preference sheet for Town input • Collect Town input on the irrigation preference sheet • Compose a draft Parks, Trails and Open Space standards document • Review meeting with Town to go over comments and revisions • Revise standards/specifications based on edits • Final Town review • Finalize standards/specifications document • Provide electronic files for future use by Town Fee Proposal Basic Services Front End Specifications $ 4,240.00 Parks Trails Open Space Standards 11.180.00 Total Fee $ 161420M Additional Services Services not included in Basic Services listed above, but which may become necessary in the course of the project will be billed as Additional Services on an hourly basis as is in accordance with the attached Schedule of Fees. The Town of Firestone will be notified when Additional Services are required, and an estimate provided prior to beginning work. Page 2 of 4 Proposal Approval Please signe�qnd dateAlowto auAhorize acceptance of this proposal and return an executed copy to our office. ' r1E "I', A r Printed Name a CO Page 4 of 4 Landscape Architectural Services January, ZU21 The following schedule of fees is used by Design Concepts for billing purposes. These fees are in effect for all services rendered unless other terms have been negotiated. Landscape Architecture +Design Fees Principal Landscape Architect $185.00/hour Sr. Project Manager $130.00/hour Project Manager $115.00/hour Designer/Graphic Designer $105.00/hour Administrative Staff $80.00/hour Intern $55.00/hour Transportation Expenses Mileage $0.58/mile Reimbursement Costs Posting, Shipping, Couriers at cost Prints, Reproductions, Scanning at cost Direct Expenses at cost Outside Consultants Any consultants required to perform the work are charged at cost plus a 10%administrative fee. Terms Payment for services rendered is billed monthly on the fifth day or at the termination of the project. Payment is due within 30 days of billing date. Any portion of a billing not paid within 60 days of the billing date shall be considered delinquent and shall bear a delinquency charge of one and a half percent (1.5%) per month (annual percentage rate 18%) on the unpaid balance. Rates subject to change without notice. �)� oES�GN Making people happier and healthier, and the world a more beautiful place.