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HomeMy WebLinkAbout101882 VAUGHT FRYE - CONTRACT - RFP - P553 UTILITY SERVICE CENTER 125342PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Vaught -Frye Architects, (a corporation, doing business as Vaught -Frye Architects), hereinafter referred to as "Professional'. WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, 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", consisting of one (1) page, 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 five (5) days following execution of this Agreement. Services shall be completed no later than June 1998. 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. EartyTermination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: PSA 7/93 1 without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings,, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or 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 or benefits provided to the City under 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. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or © avail himself of any other remedy at law or equity. If the non -defaulting party commences 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. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, PSA 7193 5 heirs, personal representatives, successors and assigns of said parties. 16. 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", (Hourly Billing Rates) consisting of four (4) pages, attached hereto and incorporated herein by this reference. PSA 7/93 6 THE CITY OF FORT COLLINS, COLORADO (*es B. O'Neill II, CPPO Dired o of Purchasing & Risk Management ATTEST: LL City Clerk APPROVED AS TO FORM: Assistant City Attorney DATE: V 12� c1 VaL IN Title: r Yam). CORPORATE PRESIDENT OR VICE PRESIDENT Date: J 2 • 2A — I �j ATTE "-rJEqMvffljrKq- (Corporate Seal) Corporat Se a ry PSA 7/93 fr1 v EXHIBIT "M tJIlLITY SERVICE CENTER - SCOPE OF WORK TASK A: Program Development (Site and Facility Need Assessmentl Objective: To review and evaluate the functional requirements as input into the design process which will ensure a facility which response to the needs of Light and Power Utility of the City of Fort Collins. Work Elements: Operational R quirements The first step in the design process is to identify the functional requirements and operational characteristics of the proposed facility. This will involve active participation of the Light and Power Utility staff in a series of in-depth interviews over a two to three day period. Work will include: • Develop a questionnaire to be completed by the City staff prior to the interviews. • Assist in identifying the staff to be involved in the interview process. • Interview key staff personnel to determine functional requirements and operational characteristics for offices, shops, and storage areas. Examples of topics to be addressed during the interviews include: - Review impact ofADA requirements for operations. - Review requirements for offices, shops, and other functional spaces. - Review site and building security requirements. - Review relationships between functional areas. • Review current and projected staffing plans. Space Program Based on the interviews, a detailed space program will be developed which will: Identify functional areas to be located at the 620 and 700 Wood Street sites. Identify space requirements for all administrative, maintenance, and operations functions in the project including- - Requirements of offices and crew areas. - Requirements for all shops - Storage requirements for tools and portable equipment. - Requirements for mechanical and electrical support space. Identify parking requirements for employee, visitor, support, and delivery vehicles. Scope of Work - I The criteria to be used in the design of the facilities should be documented for City's approval. Work will include: Prepare Draft Design Criteria Document to include space program and criteria resulting from client interviews and on -site observations. The Design Criteria Document will include information of staffing levels, current and projected operations, a narrative of daily operations, site requirements, and specific requirements for each functional area. The Design Criteria Document will also identify preliminary functional requirements for building systems including architectural, structural, mechanical, electrical, and plumbing such as: Clearance requirements (doors, aisle widths, overhead) throughout the project. Floor, wall, and ceiling finishes. - Functional areas and equipment items within each area to be included on an emergency power system. - Lighting levels and type of lighting for all exterior areas and each functional area within the factiities. - Ventilation requirements for each functional area including offices, shops, and storage areas. - Minimum design temperatures for heating and cooling for each functional area. ■ Establish functional area relationships both between areas and between work stations within areas. Primary considerations to be work flow, supervision, and safety. Diagrams showing these relationships will be included in the Design Criteria Document. Identify major equipment items to be located in each functional area. • Submit draft Design Criteria Document for City's review and approval. Finalize Design Criteria Document based on City's review comments. Objective: To update the Master Development Plan of 620 and 700 Wood Street sites. Work Elements: ■ Identify potential alternatives to meet the requirements established in the previous task. Participate in a one day on -site design charrette working directly with the Staff to review alternatives for site configuation and general building design. During this on -site process, alternatives will be reviewed by the user staff. Based on review comments, selected alternatives will be refined and presented for review. The site layouts will be developed with emphasis on Circulation patterns for vehicles, equipment, materials and personnel which will provide the most efficient, cost effective, and safest operation. Ingress and egress routes which maximize safety and security and minimize vehicular and pedestrian conflict on and off the site. Scope of Work - 2 Site area relationship. Include administrative offices, public areas, shops, city vehicle parking, employee and visitor parking. Identify the best location for Building "C" including at least the following three scenarios: Remodel and expand the existing Building 'C'. Expand Building "A". Build a New Building "C'. Evaluate the impact on the existing space in Building "A' of relocating existing divisions from Building "A" to Building 'C'. TASK-C. ConeeptuallPreliminary Design Objective: To ensure that the functional requirements, including circulation and proximity relationships, are appropriately addressed in the Preliminary Design of Building "C". Provide Preliminary Design of Building 'C' and preliminary site and parking lot design for Building 'C'. Work Elements: Planning &Architectural • The Design Team will work with the Staff to determine project requirements based on our investigations and design studies. In schematic design the program will be transformed into a functional space and equipment plan in which new and existing equipment needs will be identified. The plan can then be integrated into the proposed site to analyze opportunities and constraints. • We will participate in a one day on -site design charrette working directly with the design team and city to develop alternatives for site configuation and general building design. During this on -site process, alternatives will be reviewed by the user staff. Based on review comments, selected alternatives will be refined and presented for review. • The facilities layouts will be developed with emphasis: Circulation patterns for vehicles, equipment, materials and personnel and personnel and their relation to site circulation patterns. • Upon approval of conceptual documents the design team will develop the design concerning the details of vehicular access, work flow, process systems, hazardous atmospheres, and energy conservation. All aspects of the design will be thoroughly reviewed with the Staff. • The City's'Art in Public Places' policy will be included in the project. Projects from $50,000-$250,000 shall utilize a City selected artist to participate in the design of the project for the purpose of incorporating works of art into all aspects of the project, both functional and aesthetic. Projects over $250,000 will have I % of the appropriated budget set aside for art. .Civil A civil design will include: grading, utilities, curb and gutters, sidewalks, paving, stripping, signage, and associated site features. This includes any updates of existing information that would be required through the design process. Topo of existing 620 Wood Street site Scope of Work - 3 Topo of Light & Power Warehouse Storage Area Topo, if needed from northeast corner of 700 Wood Street site to the Poudre River Topo of drainage basin boundary Expanded topo of Wood Street and Elm Street The Civil engineer will use the existing civil drawings for the Light &Power site as well as the existing storm drainage report prepared for the site. Based upon the existing design of the Light & Power Parking Lot expansion, assuming the design does not change as a result of the Site Master Planning and Needs Assessment for Building 'C and Building A', address the initial round of City of Fort Collins review comments received by RBD, Inc. In September 1995. This will include: a new topographic survey of the parking lot expansion area and update of the existing topographic base information within the RBD, Inc. Utility Plans, addressing the City Water and Wastewater Utility review comments, address the City Engineering review comments, and addressing the City Stormwater review comments. It is anticipated that this effort will involve meetings with the City Stormwater Utility due to the complexity of the hydrology and hydraulic issues outstanding on the Service Center Site. • Prepare a revised plat of 620 Wood Street • All associated utility design work for Building 'C' and locate existing utilities to Building 'C' • All associated Wood Street design All associated Elm Street design • Prepare for discussion with the Stormwater Utility the issue of a local drainage basin or a regional drainage basin ands ao The Landscape Architect will prepare a Preliminary Landscape/Irrigation plan, in coordination with preliminary site and engineering design documents. The approach to the planting plan is anticipated to be similar to the xeriscape areas designed by Cityscape and the City of Fort Collins at the Wood Street Service Center. • _ Current and projected traffic will be researched and evaluated to determine the effect of the proposed facility on the surrounding area. An Energy Team Leader/Integrator will serve as a consultant to organize the energy design approach. He will perform an energy model of the selected design and serve as a recourse for energy conservation. The following expertise will be provided: ENERGY TEAM LEADERANTEGRATOR - serve as a consultant to the architect, ensuring the relevant issues are addressed, organizing the energy design approach in the context of the overall design process. ENERGY ANALYSIS/MODELING - capable of running bulding simulations that answer questions about energy and economic tradeoffs for individual energy subsystems and the full building energy system. Scope of work - 4 • DAYLIGHTING - provide information on effectivley integrating daylighting with the architecture from energy -saving and lighting quality perspectives, evaluate and recommend glazing specifications, avoid typical daylighting pitfalls. ■ ELECTRIC LIGHTING - set appropriate lighting criteria, evaluate and design lighting systems that meet the visibility requirements effectively and energy efficiently, and integrate electric lighting and daylighting appropriately. • HVAC DESIGN - define alternative HVAC approaches for consideration, design and size the appropriate system in the context of other energy decisions for this project rather than relying heavily on 'rules of thumb." • CONTROLS - design appropriate control strategies for energy systems, possibly tying into existing City energy management and control systems. Mechanical All associated mechanical design including: Fire Protection - Plumbing - HVAC - coordinate with existing Johnson Central System - Energy analysis - Coordinate with equipment list All associated electrical design including: Lighting Power Security System - coordinate with existing Simplex System Fire Alarm System - coordinate with existing Simplex System ADA requirements Paging System Coordinate with Phone and Computer Sytems - Emergency Power (if needed) Site Lighting Energy Analysis Coordinate with Equipment List All associated structural design of Building 'C' Provide a detailed cost estimate of the entire project at end of conceptual phase Scope of Work - 5 EXHIBIT "B" UTILITY SERVICE CENTER MILESTONE SCHEDULE - FIRST DRAFT This is an illustrative schedule for discussion only. It is based upon our understanding to date of the project's scope and delivery process. As these are finalized, the time needed to reach each milestone may change. All dates for Owner action beyond 12/27/95 are estimated. If direction and authorization to proceed are delayed at any point, all subsequent dates will need to adjusted accordingly. Meeting participants are identified as follows: O-Owner, A -Architect, P-Planner, I -Interior Design, S-Structural, M-Mechanical/Plumbing, E-Electrical, C- Civil, L-Landscape, T-Traffic, F-Fleet. MEETING MILESTONE DURATION DATE COMPLI Pre -Design Architect Notified of Selection 12/13/95 Architect Revise Scope, Schedule, Fees 12/19/95 Owner Finalize Professional Service Agreement, ATP 12/27/95 Needs Assessment Phase Functional Requirments Package 2 Weeks 01/17/96 Team Meeting: O, A, F 3 Days 01/03/96 Owner Review, ATP 1 Week 01/24/96 Master Planning Phase Develop Site Alternatives 3 Weeks 02/14/96 Team Meeting: O, A, F, C, L, 1 Days 01/30/96 Owner Review & Comment, ATP 1 Week 02/21/96 Preliminary Site Plan Review Meeting 02/22/96 with City Agencies & Owner Schedule -1 MILESTONE DURATION • Finalize Parking Lot Design 5 Weeks Team Meeting: O, A, C, L 1 Day • Owner Review & Comment, ATP 1 Week • Planning Review/Approval 3 Weeks Conceptual/Preliminary Design Phase Building `C' Concept Package 3 Weeks Team Meeting: O, A, S, M, E, F,1 I Day Owner Review & Comment, ATP 1 Week Finalize Preliminary Design Package 2 Weeks Submit for Owner Review and Comment 1 Week ATP Final Design Schedule - 2 MEETING DATE 02/28/96 02/29/96 COMPLETION 04/05/96 04/12/96 05/20/96 03/13/96 03/20/96 04/19/96 04/26/96 0903/96 If Professional: If City: Vaught -Frye Architects City of Fort Collins 1113 Stoney Hill Drive P.O. Box 580 Fort Collins, CO 80525 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project. Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $250,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of one hundred twenty-five thousand one hundred dollars ($125,100), plus a not to exceed allowance of ten thousand dollars ($10,000) for a daylighting and energy savings consultant, and twelve thousand two hundred dollars ($12,200) for reimbursable direct costs. All such fees and costs shall not exceed one hundred forty seven thousand three hundred dollars ($147,300). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial PSA 7/93 2 v NEEDS ASSESSMENT PHASE Coordination (V*F) Programming (Fleet) Subtotal MASTER PLANNING PHASE Planning/Coordination (VFA) Masterplanning (Fleet) Landscape/Irrigation (Cityscape/Aqua) Civil (RBD) Traffic (Delich) Subtotal CONCEPTJPREL. DESIGN PHASE Architecture/Coordination Structural (RNF) Mechanical (RMH) . Electrical (RMH) Equip./Maint. Planning (Fleet) Interiors (VFA) Cost Estimate (B & C) Energy Integrator (ECI) TOTAL CONSULTANT BREAKDOWN VFA Fleet Cityscape RBD Delich RNF RMH B&C ECI TOTAL Subtotal EXHIBIT "C' 3,000.00 12,000.00 15,000.00 4,000.00 5,000.00 5,500.00 20, 000.00 2,500.00 37,000.00 14, 500.00 5,000.00 6,000.00 5,000.00 5,500.00 3,000.00 4,000.00 8,000.00 51,000.00 103,000.00 24, 500.00 22, 500.00 5,500.00 20, 000.00 2,500.00 5,000.00 11,000.00 4,000.00 8,000.00 103,000.00 REIMBURSABLE BREAKDOWN VFA 1,200.00 Fleet 3,000.00 RBD 800.00 RMH 400.00 ECI 300.00 Delich 300.00 Cityscape 300.00 RNF 200.00 TOTAL 6,500.00 EXHIBIT "C' (Part 2( VAUGHT"FRYEARCHITECTS, P.C. LABOR: Principle $ 75.00/Hour Associate $ 60.00/Hour Project Manager $ 55.00/Hour Technician III $ 45.00/Hour Technician II $ 40.00/Hour Technician I $ 35.00/Hour Secretarial $ 30.00/Hour REIMBURSABLES: Blueprints $ 1.75/8'1/2 x 1 1 Auto/Mileage $ .20/Mile Photocopies (8 1i x 1 1 ") $ .10/Copy Mylar Plots (24 x 36( $ 10.00/Plot Color Plots (24 x 36( $ 5.00/Plot FLEET MA/NTENANCE CONSULTANTS, INC. LABOR: Project Manager Planner CAD Technician Word Processor Project Administrator Airfare Per Diem Car Rental Handling THE RMH GROUP, INC. LABOR: Project Principle Project Manager Project Engineer III Project Engineer II Control Systems Programmer Project Engineer 1 Engineer III/Designer N Engineer 11/Designer III/Cad Operator N Software Configuration Designer Engineer I/Designer II/Cad Operator III Jr. Engineer/Designer I/Cad Operator II Drafter II/Cad Operator 1 Drafter I Technical Writer Engineering Aide Word Processor Operator CADD Workstation E-CUBE, INC. LABOR: Principle Senior Associate Associates & Senior Engineers $1 11.05/Hour $ 58.93/Hour $ 41.75/Hour $ 33.00/Hour $ 50.00/Hour $950.00/rt $100.00/day $ 65.00/day 5.00% $ 88.00/Hour $ 82.00/Hour $ 77.00/Hour $ 72.00/Hour $ 70.00/Hour $ 66.00/Hour $ 61.00/Hour $ 55.00/Hour $ 52.00/Hour $ 49.00/Hour $ 45.00/Hour $ 40.00/Hour $ 36.00/Hour $ 41.00/Hour $ 32.00/Hour $ 30.00/Hour $ 5.00/Hour $ 80.00/Hour $ 80.00/Hour $ 70.00/Hour Staff Engineers & Analyst, Level II Staff Engineers & Analyst, Level I Senior Field Technicians RED, INC. LABOR: Senior Environmental Engineer/Scientist Senior Project Engineer Project Engineers Designer Engineers/Specifier Staff Engineers CADD Design Technicians GIS Computer Workstation Autocadd/Softdesk Computer Work Station Clerical Two Person Survey Crew Three Person Survey Crew Auto Mileage per Mile RNF CONSULTANTS LABOR: CnYSCAPE, INC. Principle Associate Senior Engineers Junior Engineers Draftperson Clerical $ 60.00/Hour S 55.00/Hour $ 55.00/Hour $ 85.00/Hour $ 72.00/Hour S 60.00/Hour $ 52.00/Hour $ 47.00/Hour $ 40.00/Hour S 20.00/Hour S 10.00/Hour $ 25.00/Hour $ 70.00/Hour $ 80.00/Hour $ .27/Mile $ 75.00/Hour $ 60.00/Hour S 50.00/Hour $ 40.00/Hour $ 30.00/Hour $ 22.50/Hour LABOR: Project Manager $ 75.00/Hour Senior Landscape Associate $ 50.00/Hour Junior Landscape Associates $ 35.00/Hour CADD Operator/Draftsperson S 28.00/Hour CADD Hardware S 20.00/Hour Clerical/Support $ 20.00/Hour REIMBURSABLES: In House Blueprints $ 1.00/24x36 In House Transparencies S 1.00/8 %2 x I 1 In House Xerox $ .10/8 %: x 11 Auto/Mileage S .28/Mile Photocopies (8 %2' x 1 1 ") $ .10/Copy Mylar Plots (24 x 36) $ 10.00/Plot In-house Mylar Sepias (24 x 36) $ 10.00/Plot Paper CADD Plots (24 x 361 $ 5.00/Plot AQUA ENGINEER/Na, INC. LABOR: Project Engineer $ 75.00/Hour MATTHEWJ. DEL/CH, P.E. LABOR: Project Engineer $ 70.00/Hour Technician/Draftsman $ 35.00/Hour Clerical $ 25.00/Hour Travel Printing BAND CASSOCMTES .25/Mile 10/8 '/z x 1 I LABOR: Estimator $ 45.00/Hour Assistant Estimator $ 35.00/Hour Rates maybe subject to change after 12 months from the contract date. APPROVED AS TO FORM: //// f THE CITY OF F By: Director DATE: By: COLLINS, COLORADO . O'Neill II, CPP asing & Risk Management Title: JT&Jl rUr] _ CORPORATE PRESIDENT OR. VICE PRESIDENT Date: A (Corporate Sea[) Corporate PSA 7/93 0 EXHIBIT "A" Objective: Provide basic design services for design, documentation and construction administration for the following: 1.) Integrate the existing Stormwater Utility into the existing Service Center Building 'A'; this will require remodeling approximately 4,000 square feet of existing space. 2.) Provide a new building addition of approximately 7,500 square feet on the west end of the existing Service Center Building 'B'. This new space will be planned for the Distribution and Collection Division of the Water/Wastewater Utility Department. 3.) Remodel the west end of the existing Service Center Building 'B' for the Technical Services Division of the Water/Wastewater Utility Department, this will require remodeling of approximately 2,500 square feet of existing space. The basic services will include Architectural, Civil, landscape, Structural, Mechanical and Electrical design disciplines. Cost Estimating and Energy Analysis will also be provided. Work Elements: civil • All associated architectural design services, including new construction and proposed remodeling of the existing facilities. • The services of an interior designer, for office and work area furnishings, shall be provided by the City. • All design shall be based upon the City of Fort Collins "Building Design Standards." • Facility shall be handicap accessible and diligent effort shall be used to conform to the requirements of the Americans with Disabilities Act of 1993 (ADA). • Provide design services for a signage system throughout the new and remodeled areas of the project. This signage shall conform to ADA requirements. • All associated civil design including grading, utilities, curb and gutters, sidewalks, paving, striping, signage, and associated site features. • Design will be based on the topographic survey conducted for the entire Service Center property in 1989. Field verification will be•required. • Design will be based on the drainage plan prepared in 1990. No resubmittal or approval of the modifications to this report are anticipated. • The City will provide "potholing" services to locate existing services and/or evaluate excavating problems of utility trenches and overlot grading. • Al associated landscape design, including irrigation, in conjunction with the new building addition and site improvements. Design to be similar to existing xeriscape areas at the Utility Service Center. • All associated structural design of the new addition and the proposed areas of remodeling in Building A' and Building 'B'. • Al associated mechanical design for the new addition and proposed areas of remodeling including: Fire Protection - Plumbing HVAC coordinate with existing controls system • Design to City of Fort Collins current Energy Code. • Field verification of existing systems and review of these systems to determine their capacity to serve the remodeled areas and design to upgrade them as required. • It is anticipated that mechanical systems for the new addition will be independent of the existing buildings. • Provide energy analysis of facility, with written report, based on City of Fort Collins guidelines. Electrical • Al associated electrical design for the new addition and proposed areas of remodeling including: - Lighting - Power - Security System - coordinate with existing system - Fire Alarm System - Coordinate with existing system - Paging System - Telecommunications - coordinate with existing systems - Emergency Power (if needed) - Site Lighting... • Field verification of existing systems and review of these systems to determine their capacity to serve the remodeled areas and design to upgrade them as required. • Provide energy analysis of facility, with written report, based on City of Fort Collins guidelines. • Provide a detailed cost estimate of the entire project at the end of conceptual/ preliminary phase and final construction document phase. • An allowance of $10,000 is included in the fixed fee for consultation to determine/develop reasonable ideas for energy efficiency in the areas of daylighting, lighting, architectural form, fenestration and glazing. This fee will be based on the hourly rates of the consulting firms involved at the time the work is completed. Firms involved will be Vaught*Frye Architects, The RMH Group, and Lightforms, 2888 Bluff Street #323, Boulder, CO 80301. Labor will be billed on a time and material basis up to the $10,000 limit and not beyond. EXHIBIT 'B" REVISED MILESTONE SCHEDULE Water Remodel/Addition to Building "B" Date Issued: November 26, 1996 I. Renovation/Addition to Building "B" (Water, Wastewater, Stormwater) Design: Begin Conceptual/Preliminary Design (VF) November 20,1996 Complete Conceptual/Preliminary Design (VF) January 17, 1997 And Cost Estimate Develop Funding Breakdown and January 31, 1997 Review Design (City) Begin Final Design (VF) February 3, 1997 Complete Final Design (VF) April 11, 1997 And Cost Estimate Complete City Review (City) April 25, 1997 Construction: Out to Bid (City) May 2, 1997 Receive Bids (City) May 22, 1997 Notice of Award (City) May 30, 1997 Notice to Proceed (City) June 16, 1997 Complete Construction (Contractor) January 1, 1998 Move In (City) January 15, 1998 Close Out Project April 1, 1998 a payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. 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 constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (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. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. PSA 7193 3 EXHIBIT 'C' FEE SCHEDULE: CONSULTANT l SERVICE I FEE Vaught *Frye Architects Architectural Design, Documentation, 54,000.00 and Construction Administration RNF Consultants Structural Design, Documentation, and 12,000.00 Construction Administration RMH Group Mechanical and Electrical Design, 24,200.00 Documentation, and Construction Administration City Scape Urban Design Landscape and Irrigation Design, 5,800.00 Documentation, and Construction Administration RBD Engineering Consultants Civil Design, Documentation, and 20,700.00 Construction Administration B & C Project Services Cost Estimating 8,400.00 ...i.:......... .:. R:J.i.:^i:.iiY ......, .::ff+�iiiii:::.....:1., }. x....... /.....::.:...:..:.:n .iiY.iffii:ii}}}';+.i'RR.:ti4}:{iifii}:.ii}:i+F.}:xi::{:: •.:f::4: :��i:.}:i.::: R:::: .:..f..�:^•..n::: i:::: Estimated Reimbursables: Vaught* Frye 10, 000.00 RNF 500.00 RMH 600.00 City Scape 400.00 RBD 500.00 B & C 200.00 Total 12,200.00 Daylighting & Energy Savings Consultation 10,000.00 TOTAL CONTRACT AMOUNT 147,300.00 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 incidental work or materials furnished hereunder shall not in anyway relieve the Professional of responsibility for the quality or 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 or benefits provided to the City under 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. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences 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. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. PSA 7/93 112 16. Law/Severability. The laws of the State of Colorado shall govem 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. PSA 7/93 5 l PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and VAUGHT FRYE ARCHITECTS, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, 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", consisting of two (2) pages, 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 five (5) days following execution of this Agreement. Services shall be completed no later than August 31, 1996. 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. Early Termination by City. Notwithstanding the time periods contained PSA 7/93 1 herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: If Professional: Vaught Frye Architects 1113 Stoney Hill Drive Fort Collins, CO 80525 If City: City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project. Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished PSA 7/93 2 furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $250,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Professional fees: One hundred three thousand dollars ($103,000) Reimbursable direct costs: Six thousand five hundred dollars ($6,500) with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed one hundred nine thousand five hundred dollars ($109,500). 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 the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to PSA 7/93 3 City Representative. 8. 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 constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (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. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 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 PSA 7193 4