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HomeMy WebLinkAbout101882 VAUGHT FRYE ARCHITECTS - CONTRACT - CONTRACT - 2208472 ARCHITECURAL DESIGN SERVICES METER SHOPPROFESSIONAL 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 two (2) 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 ten (10) days following execution of this Agreement. Services shall be completed no later than December 15, 2003. 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 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 05/01 1 Site Observation Visits: The construction phase is estimated at 7 months duration. The number of site visits included in the proposal, for each discipline, is as follows: Architect 26 Structural 5 Mechanical 3 Electrical 3 Civil 6 Landscaping 2 Irrigation 2 Any site visits requested or required, beyond the number listed above, will be billed at the hourly rates as shown on attached billing rate sheets. Reimbursable Expenses: Compensation for reimbursable expenses are in addition to the fees outlined above. Reimbursable expenses include: Reproductions of bidding documents, color plots, models, photographs, and special renderings. Reimbursable Expenses will be billed at cost plus 15 percent. Reimbursable expenses for the project, through completion of the Project, are estimated at $10,000.00. PAYMENTS TO THE ARCHITECT Payments on account to the Architect for basic design services would be in proportion to services performed. Schematic Design Phase (Complete) 0% Design Development Phase 25% Construction Documents Phase 50% Bidding Phase 5% Construction Phase 20% 100% Payments for additional services of the Architect and for reimbursable expenses are made monthly upon the presentation of a detailed invoice. Additional services are based on the attached Billing Rates, labeled as Exhibit'C'. Billing will be done on a monthly basis for the work performed during the billing period. Reimbursable expenses will be billed at direct cost. RESPONSIBILITY The Owner, in consultation with the Architect, shall provide full information regarding the requirements of the project and give due consideration to a proper budget for the work. The Owner must provide complete legal, utility, and physical information (soils) about the site and during various phases of the project development, act expeditiously upon matters needing their attention. In interpreting the Owner's needs, the Architect will provide architectural services, technical guidance, advice and counsel. Given in written, verbal or graphic form, the services will be rendered so that the building, equipment, and surroundings are soundly constructed and well conceived. PSA 05/01 10 Professional: City: With Copy to: Vaught Frye Architects City of Fort Collins Purchasing Ron Kechter 401 West Mountain Ave. P. O. Box 580 Operations Services Fort Collins, CO 80521 Fort Collins, CO 80522 117 North Mason Fort Collins, CO 80521 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 negligent 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 $500,000. 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 Forty Three Thousand Four Hundred Forty Dollars ($143,440.00) plus reimbursable direct costs. All such fees and costs shall not exceed One Hundred Fifty Eight Thousand Four Hundred Forty Dollars ($158,440.00). Monthly partial payments based upon the Professional's billings and itemized statements 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 PSA 05/01 2 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. The fee schedule is attached hereto as Exhibit "C" consisting of two (2) pages, and incorporated herein by this reference. 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 hereunderfor 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 PSA 05/01 3 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 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 (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. 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. PSA 05/01 4 APPROV 7T FORM: Assista t City Attorney THE Cl Y OF FO T COLLINS, COLORADO r 1 By: John F. is ach City Mana r By: V / Qa1ves B. 'Neill II, CPPO, FNIGP Director Purchasing & Risk Management DATE: 1 2- 1 1 ? 6 0 Title: Date: I2 - 10 • - 0'L OR VICE PRESIDENT A5oa (Corporate Sea]) CS jra PSA 05/01 Exhibit "A" This scope contains the services for the Design Development, Construction Documents, and Bidding and Construction Administration Phases of the project. The Schematic Design Phase of this project has been completed. The scope contains the fees for architectural, structural, mechanical, electrical, civil engineering and landscape design services. The project will be located at the existing Utility Service Center, 700 North Wood Street, Fort Collins, Colorado. Specifically, the building will be placed near the northwest corner of the Service Center property, in an area currently being used for vehicle parking 1) The basis for the Final Design of the facility will be the recently completed Schematic Design Phase documents, dated October 14, 2002, consisting of drawing sheets AS.1, A1.1, and A2.1, and the Schematic Design Phase Project Summary booklet. 2) The new Meter Shop building will be a one-story structure, and the footprint, for the new facility, will consist of approximately 8,500 square feet. 3) A roofed structure will be provided for the building Loading Dock area and three vehicle parking spaces. 4) A budget range, for building construction costs only, is estimated at $1,000,000 - $1,300,000. 5) We do not anticipate that this project will need to be brought through eitherthe Type 1 or Type 2 City Planning Review Process. A Minor Amendment will be required to be submitted and completed through the City Planning Department and review process. 6) We will refine the building program and develop Final Contract Documents, based on the design profession "Standard of Care", and suitable for Public Bidding and Construction. 7) We will provide the necessary documentation for the remodel of the Existing Service Center Building'B' Vehicle Storage Area, to include the movement of two large overhead doors, from the west side to the north side of the structure. This remodel will include revisions to the existing mechanical and electrical systems servicing this facility. 8) We will provide documentation forthe design of a new retaining wall structure to provide for a transition in the site, from the new Meter Shop site to the existing paved asphalt service yard to the east. 9) We will investigate the re -working of the existing west chain link fencing, and the possible design of a new wall, separating the existing "Waterman" facility from the new Meter Shop Building. 10) We will provide the site design for the new facility, including necessary utility connections and extensions, drainage, storm water and erosion control plans, and horizontal control. 11) We will provide documentation for the landscaping and irrigation system, to meet site and City Plan requirements. PSA 05/01 ARCHITECTURAL DESIGN SERVICES The American Institute of Architects Standard Forms of Agreement divides the services of the Architect into five consecutive phases as summarized below. Only those phases designated in boldface type will be the basis for this fee proposal. Schematic Design Phase: Complete. 2. Design Development Phase: The Architect prepares drawings and other documents to establish and describe the size and character of the project. 3. Construction Documents Phase: The architect prepares the working drawings and specifications for the construction of the project. 3. Bidding or Negotiation Phase: The architect assists the Owner in evaluating bids and issuing clarifications. 4. Construction Phase: The architect will assist the Owner and the Contractor in general administration of the construction work. He will observe the work for compliance with the contract documents, check shop drawings and sample materials, and review monthly pay requests for work completed to date. PSA 05/01 Exhibit "B" Proposed Milestone Schedule Utility Service Center Meter Shop Issued: November 8, 2002 Schematic Design Phase COMPLETE COMPLETE New Proposal to Complete Project October 31, 2002 November 8, 2002 Design Development Phase November 11,2002 December 11, 2002 Owner Review December 12, 2002 December 20, 2002 Construction Documents Phase December 23, 2002 February 12, 2003 Minor Amendment Submittal January 13, 2003 February 13, 2003 Final Review February 13, 2003 February 24, 2003 Out to Bid / Receive Bids March 4, 2003 March 29, 2003 Award Contract March 30, 2003 April 11, 2003 Obtain Permit March 4, 2003 April 3, 2003 Notice to Proceed for Construction April 12, 2003 April 13, 2003 Construction/ April 14, 2003 November 10, 2003 Substantial Completion (7 months) Final Completion November 11, 2003 November 21, 2003 Owner Occupancy November 22, 2003 December 15, 2003 PSA 05/01 G Exhibit "C" FEES Fees for the architectural Design Services would be on a Fixed Fee basis, except for the Minor Amendment Process: A. Minor Amendment: (Reimbursable Cost) Planning Estimate: $5,000.00 B. Construction Documents Phase: Architectural $50,000.00 Structural 9,750.00 Mechanical 10,500.00 Electrical 9,500.00 Sub -Total $79.750.00 Civil $24,400.00 Landscape Architecture, Irrigation 4,520.00 Sub -Total $28,920.00 Total for Construction Documents (Item B.) $108,670.00 C. Construction Administration Phase: Architectural $21,000.00 Structural 3,250.00 Mechanical 1,800.00 Electrical 2,000 00 Sub -Total $28.050.00 Civil Total Total for Construction Administration TOTAL FIXED FEE $5,000.00 1,720.00 $ 6,720.00 $34,770.00 $143,440.00 PSA 05/01 91