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HomeMy WebLinkAbout113275 ALLER-LINGLE-MASSEY ARCHITECTS PC - CONTRACT - RFP - P1074 CITY ARCHITECTURAL AND ENGINEERING WORK ORDER CONTRACTPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 All er-Lingle Architects P.C., 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 for project Work Orders for P1074 City Architectural & Engineering Work Order Contract, issued by the City, and in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages and incorporated herein by this reference. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. A blank sample of a work order is attached hereto as Exhibit "B", consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed $75,000. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence August 24, 2007, and shall continue in full force and effect until August 23, 2008, unless sooner terminated as herein their respective current hourly rates illustrated. Proposed. reimbursable shall be shown separately and likewise delineated. 7. Coordination: Professional will cooperate with, coordinate scheduling with, and work closely with other City professional -service contractors. 8. Building Code: Drawings and Specifications must meet or exceed and be compatible with Fort Collins Building Code requirements. Certified Drawings must be stamped with the appropriate Colorado Professional's Stamp. 9. Submission/Transmission of Specifications and Drawings: Professional will transmit job specifications and drawings to the City in electronic format as well as hard copy. Drawings must be submitted on zip disks, or CD's in a data format fully compatible with AutoCAD 2004. Bid sets and as -recorded documents (specs and drawings) may be transmitted in "read only' format. However, the City shall have the right to keep electronic copies of the drawings that can be manipulated for future maintenance changes, upgrades and/or alterations. The City agrees not to reproduce the drawings and/or the specifications in full, for construction replication. The design Professional agrees not to reproduce the drawings and/or the specifications in full, for construction replication without the written consent of the City. For space management, the City uses "FM:Space-Management" software by FM:Systems. 10. File Compatibility: Professional will title all electronic drawing files and other project submissions to be consistent with the project contract documents. (le. Drawing files labeled according to drawing sheet number of the plotted drawing; and, specification sections labeled according to CSI format and printed project specs.) Submitted files may also include the A/E's project number for their reference. For questions concerning this requirement please contact the Operations Services Acting Contract Administrator, or the Operations Services staff Architect. 10 EXHIBIT "B" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. Professional By: The attached forms consisting of (_) pages are hereby accepted and incorporated herein, by User this reference, and Notice to Proceed is hereby given. City of Fort Collins 0 James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over$30,000.00) Date: EXHIBIT C PROFESSIONAL FEE SCHEDULE FEE STRUCTURE AND REIMBURSABLE EXPENSES Alter -Lingle Architects P.C. Alter -Lingle Architects P.C. Consulting: $135/hour Principal: $1301hour Associate Architect: 5100/hour Sr. Project Manager/Architect: $95/hour Project Architect: $88/hour LEED AP Consulting: S85/hour Interior Designer: $751hour Architecturallntern/CAD Technician 2; $701hour Architectural Intern/CAD Technician 1: $601hour Clerical/Administrative: $50/hour Russell + Mills Studios Partner/Senior Landscape Architect: $801hour Junior Landscape Architect/Draftsperson: $55✓hour Jim Sell Design Principal; 5150/hour Senior Project Manager: $110-125/hour Senior Engineer I - II; $85.130/hour Project Engineer I - III: $55.95/hour CADD Technician I •- III: $35�75/hour Senior Landscape Architect/Planner I • 11: $75.110/hour Project Landscape Architect I - It: S45.90/hour Digital Media Technician I - 11: $55-80/hour Administrative I - 0: S45.65/hour Graphic Designer I - III: $70.100/hour Earth Engineering Consultants Senior Project Engineer: $110/hour Project Engineer; $95/hour Field Engineer: $75/hour Level lit Engineering Technician: 5601hour Level II Engineering Technician: $501hour Level I Engineering Technician; $401hour The Engineering Company (TEC) Principal III: $148/hour Principal II: $140/hour Principal I: 5120/hour Project Manager 11: $115/hour Project Manager L $1'00/hour Senior Engineer: $88/hour Project Engineer It: $831hour Project Engineer 1: $80/hour 12 EXHIBIT C PROFESSIONAL FEE SCHEDULE Fee Structure and Reimbursable Expenses Page 2 Design Engineer 11: $75/hour Resident Observer it: $851hour Resident Obser+er I: $70/hour Survey Manager: $92/hour Survey Party ChiefII: $611hour Survey Party Chief I: $55/hour Network Administrator: $861hour Design Technician 11: $79/tour Desfgn Technician 1: 741hour CAD Technician it: $60/hour GIS Anatysu $62/hour OfficeSupport: $431hour Robotic Lelca: S45/hour GPS: $60/hour King Surveyors Registered Land Surveyor: $81 /hour Project Manager: $72/hour CAD Technician 1; $62/hour CAD Technician II: $56/hour CAD Technician III: $47/hour Surveying, Technician 1: $62/hour Surveying Technician IL• $55/hour Surveying Technician III: $47/hour Crew Rate (2=man): $125/hour GPS Crew: $125/hour Cleric: $3225/hour A.T,V. 4•wheet: $19/hour Monument Boxes: $72/each Loris and Associates Principal: $150/hDur Associate Principal: $130•$145/hour - Associate: $105•$115/hour Project Manager: $90.5110/hour Senior Engineer: $90•$i10/hour Project Engineer: S80•$90/hour Junior Engineer: $70-$80/hour Senior. Construction Engtneer: $70•$80/hour Construction Engineer: $65-$70/hour Senior Designer: $75• $ft5/hour Designer: $65.5751hour Senior AutrsCAD Technician: $60•$75/hour AutoCAD Technician: $50.$60/hour Adnhinistratbv Assistant: S55-S65/hour 13 EXHIBIT C PROFESSIONAL FEE SCHEDULE Fee Structure and Reimbursable Expenses Weeks and Associates Inc. Page 3 Principal Engineer: $100/hour Staff Engineer: $70.80/hour Administrative Staff: $35/hour Abrahamson Engineering Inc. Principal: $100/hour Professional Engineer: $85/hour Engineer/Senior Designer: $75/hour Draftsperson: $48/hour Clerical: $48/hour Beaudin Ganze Consulting Engineers, Inc. Senior Principal: $185/hour Principal: $165/hour Senior Associate: $150/hour Associate/Project Manager: $135/hour Senior Engineer/Senior Commissioner: $125/hour Project Engineer: $115/hour Lighting Designer: $115/hour Engineer II/Commissioner II: $100/hour Engineer I/Commissioner I: $85/hour Senior Designer: $90/hour Designer: $75/hour . CADD Director: $85/hour CADD Technician II/Jr. Designer: $70/hour CADD Technician I: $60/hour Administrative I: $50/hour Administrative Il: $75/hour Expert Witness: $285/hour Electrical Systems Consultants Inc. Principal Engineer: $94/hour Project Manager: $92/hour Project Engineer: $88/hour Senior Electrical Designer: $72/hour Designer I: $64/hour CAD Technician I: $60/hour Secretarial: $36/hour Architectural Energy Corporation (AEC) Principal: $177/hour Associate Principal: $151/hour Senior Engineer II: $135/hour Senior Engineerl: $125/hour Staff Engineer II: $105/hour Staff Engineer I: $95/hour Associate Engineer ll: $84/hour Associate Engineerl: $74/hour 14 ... . ' 1 ' .... EXHIBIT C PROFESSIONAL FEE SCHEDULE Fee Structure and Reimbursable Expenses Page 4 Hardware Manager: $1,00/hour Electronic Technician: $79/hour Laboratory Technician: $63/hour Communications Manager: $92/hour Technical Communications Specialist: $95/hour Publications Assistant: $83/hour Branch Office Manager: $130/hour Project Manager: $125/hour D L Adams Associates, Inc. Principal: $190/hour Associate Principal: WO/hour Senior Project Engineer/Consultant: $120/hour Senior Engineer/Consultant: $85/hour Project Engineer/Consultant: $80/hour Staff Consultant: $75/hour Technician: $60/hour Design Balance Principal LEED Consultant: $125/hour LEED Coordination Assistant: $65/hour Tatanka Historical Associates Principal: $90/hour Research/Field Historian: $60/hour Moore Construction Consulting Services Detailed Project Cost Estimating, including M/E/P: $65/hour Construction Progress Inspections: $65/hour Project Specifications/Scope of Work Documents: $65/hour Plan Interpretation and Consultation Services: $60/hour Conceptual Estimates: $60/hour Clericat: $35/hour Capstone Planning and Control Inc. Cost Estimating: $98/hour 15 EXHIBIT C PROFESSIONAL FEE SCHEDULE Fee Structure and Reimbursable Expenses Page 5 Reimbursable Expenses Out -of -office reimbursable expenses will be billed at 1.1 x direct cost. In -office reimbursable expenses will be billed as follows: Long -Distance Telephone: Direct cost x 1.1 FAX: $0.75/sheet Photocopying - 8 1 /2 x 11 $0.10/sheet 8 1/2 x 14 $0.15/sheet 11 x 17 $0.20/sheet Printing: $1.00/sheet Scanning: $5.00/sheet Vellum Plotting: $5.00/sheet Mylar Plotting: $15.00/sheet Inkjet Color Prints: $1.00/each Out -of -Town Travel Expenses: Direct cost x 1.1 Film and Processing: Direct cost x 1.1 Mileage: $0.485/mile l OR ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DAM MMIDDIYYVY) ALLER-1 08/28/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Front Range Insurance Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1100 Haxton Drive Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80525 Phone:970-223-1804 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA. The Hartford INSURER B'. x.0 x�.Pzntz� imuvnce Ce. Aller-Lingle Architects PC INsuRER c. Michael L Aller, AIA 712 Whalers Way Suite B-100 INsuRER D: Ft. Collins Co 60525 r DVFRARF�R THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME D ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIMSTAND ING ANY REOUIREPENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. ME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ME TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R LTR NSR TYPE OF INSURANCE POLICY NUMBER POETCPEFFECTRE DATE (MMIDDM'1 OCICVEXPIRA DATE (MMIDDIVT) LIMBS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY 34SBA KJ7716 DX 04/09/07 04/09/08 PREMIses (Ex ocoxrxncx) IF 300,000 CLAIMS MADE X❑ OCCUR fMED EXP (Any one person) $ 10 , OOO PERSONAL B ADV INJURY S1,000,000 GENERAL AGGREGATE $2, 000,ODO GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - CONP/OP AGO $2,000, 000 POLICY X jE� LOC A AUTOMOBILE X LIABILITY ANY Arno 34UEC198390 04/09/07 04/09/08 COMBINED SING-E LIMIT (Ex xccieaN) E1,000,000 BODILY INJURY (Per Parson) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per aradel) E HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per d'cMsnD $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ MY AUTO I $ AUTO ONLY. AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1000000 A X OCCUR CLAIMS MADE 34SBA KJ7716 DX 04/09/07 04/09/08 AGGREGATE $ $ DEDUCTIBLE E X RETENTION $10000 WORKERS COMPENSATION AND TORY LIMITS OER EMPLO)(ERS' LIABILITY ANY PROPRIER/PARTNERIEXECUTIVE E L. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED9 If yes, Describe uncer SPECIAL PROVISIONS beb E.L. DISEASE -POLICY LIMIT I $ OTHER B Pro Liability 468611701 12/14/06 12/14/07 E & O $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Fort Collins is named additional insured with regards to general - liability. r FRTIFICATF HOLDER CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS VVRITMN City of Fort Collins NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Purchasing Division PO Box 580 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Fort Collins CO 80522 REPRESENTATIVES. AUTOO PRESENTATIVE ACORD 25 (2001108) v ACOKLJ conroNA I IVIN TYUU provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. Early Termination by City/Notice. 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 address: Professional: City: With Copy to: Aller-Lingle Architects City of Fort Collins City of Fort Collins, Purchasing Attn: Dave Lingle Attn: Steve Seefeld PO Box 580 712 Whalers Way Ste B100 117 N. Mason Fort Collins, CO 80522 Fort Collins, CO 80525 Fort Collins, CO 80524 In the event of anv such early termination by the Citv, 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. 6. Design, Project Insurance 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 2 City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain cornmercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of 1,000,000. 7. Compensation.. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "C", Professional Fee Schedule consisting of five (5) pages, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The parties acknowledge that Russell & Mills Studios, Jim Sell Design, Earth Engineering Consultants, The Engineering Company (TEC), King Surveyors, Loris and Associates, Weeks and Associates, Inc., Abrahamson Engineering Inc., Beaudin Ganze Consulting Engineers, Inc., Electrical Systems Consultants, Inc., Architectural Energy Corporation (AEC), D L Adams Associates, Inc., Design Balance, Tatanka Historical Associates, Moore Construction Consulting Services, and Capstone Planning and Control Inc. are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. .If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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 to the Work Order and upon approval of the Professional's direct 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. 8. 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. 9. Project Drawings. Professional will transmit job specifications and drawings to the City in electronic format as well as hard copy in accordance to Exhibit "A" Scope of Work Paragraphs 9 and 10 attached hereto. Additionally, upon conclusion of a 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, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as-builj.drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 10. Quarterly Report. Commencing three (3) months after Notice to Proceed is given on any Work Order and every three (3).months .thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required quarterly report may, at the option of the City, suspend the processing of any partial payment request. 11. 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. 12. 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 4 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 13. 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. 14. 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. 15. 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 (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. 16. 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. 17. 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 5 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the `Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Contractor shall continue. to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLINS, COLORADO es B. O'Neill ll, CPPO, FNIGP Di ector of Purchasing & Risk Management /14 / a% -Lingle Architects By: ri�GGG2r�aCP�I dT/'�-C_,� Title:y 1 — lor e,�A 1 CORPORATE PRESIDENT OR VICE PRESIDENT Date: f / Wwwrl" .... t. EXHIBIT A SCOPE OF SERVICES Professional will provide Architectural and Engineering services to the Operations Services Department on an as -needed basis. Any City Department may use these services, but all requests for work should be initiated through the Operations Services Department. Professional will provide a wide range of professional services, to meet the City's needs. GENERAL INFORMATION Professional will assist the City's Operations Services Department, in its yearly need for professional building and site design services in planning, architectural design, engineering to include; civil, structural, mechanical, electrical, electrical service, lighting, energy conservation services, LEED consulting, and professional land surveying. In addition the professional may be asked to include an architectural or engineering specialist to the team on a case by case basis. The hourly rate for any specialist will be reviewed and approved before work is assigned. Performance of these services will be based upon the City of Fort Collins Operations (Facility) Services Department Building Design Standards. The most current version can be found on the City of Fort Collins website at: www.fcgov.com. Any deviation from these standards must be approved in advance by the Operations Services Director. Desired services may include, but are not necessarily limited to: • site analysis. • space planning and management • concept design • design development • construction documents • feasibility studies • cost estimating II. • WORK ORDER PROCEDURES • construction contract administration • systems assessment and reports • energy conservation studies • energy conservation project development • LEED Consultation Work performed pursuant to the Professional Services Agreement may be authorized by Work Order. Signed work orders must be issued for any work. No Work Order shall exceed $75,000. The Professional shall provide all personnel, equipment and supplies necessary to complete the professional services set forth in the Scope of Work. Total project time, any retainage clause, and any applicable liquidated damages clause will be determined as part of the project Work Order for each individual project. This is an indefinite quantity Work Order contract with no fixed maximum. The actual amount of work to be performed, the time of such performance, and the location of work will be determined by the City Representative, who may issue Work Orders to the Professional. The only work authorized under the Professional Services Agreement is that which is performed after receipt of such Work Orders. Development of the Scope of Work: the Professional and the City Project Representative will develop The Scope of Work for each individual project during the Work Order process. The design Professional will submit a detailed scope of work proposal to the client for review and approval. After review,and approval, the City Representative will issue the notice to, proceed to the Professional with appropriately endorsed Work Order. Ill. CONDITIONS 1. Administration: The amount of CA (Contract Administration) shall be determined on a case by case basis. CA shall be detailed in the proposal based upon the Scope of Work developed. Typical services the Professional may be required to perform include: review of construction contract project pay estimates, review submittals, process change orders, attend scheduled progress meetings, and develop required "change in work requests" (CWR's), construction observation, and inspection at substantial completion. The cost associated with this service for a specific project will be a maximum not -to -exceed price, negotiated at the time of the Work Order fee determination using the hourly rates in the Professional Fee Schedule, as set forth in Exhibit "C". 2. Construction Observation: The Professional will submit a written report to the City Representative after each observation visit and also upon inspection at substantial completion. The report will address, but is not limited to, construction work done according to plans and specifications, estimation of work progress, noted defects of material, equipment, or workmanship. Report that the work complies with the design specifications, meets industry standards, and attention is given to the fit and finish of the project. 3. Requirements for Registration: The design of architectural, structural, mechanical, electrical, civil, or other engineering work shall be accomplished or reviewed and approved by architects or engineers registered in Colorado to practice in the particular professional field involved. 4. Changes: a) The City's Representative may, at any time by written order, make changes within the general scope of the Work. b) If any such change causes: an increase or decrease in the cost of, or the time required for performance of any part of the work under the Work Order, the City Representative shall, pursuant to the Professional's request, make an equitable adjustment in the price, the work schedule, or both. c) The Professional must submit in writing any "proposal for adjustment" under this clause within 15 days from date that a written change in work is issued by the City Representative. d) No services for which an additional cost will be charged by the Professional shall be furnished without the prior written authorization of the City Representative. 5. Constructability Review: Prior to the completion of final design by the Professional, and prior to the acceptance of final design by the City Representative, the Professional shall be required to perform a "Constructability Review" pursuant to the City of Fort Collins Operations Services Department requirements, Building Design Standards, and also to evaluate the actual constructability of the design or services rendered with the City Representative. 6. Work Order Cost Proposals: If requested by the City Project Representative, proposed costs and services shall be submitted in spreadsheet format, detailed as to all architectural/engineering and other disciplines, with estimated hours for each discipline, and 9