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HomeMy WebLinkAboutVAUGHT FRYE - CONTRACT - RFP - P265 BLDG EXPANSION UTILITY SERVICE CENTERPROFESSIONAL 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, PC, 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 eight (8) 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 Commenc meat and Completion of Service . 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 February 29, 2000. 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. PSA 10/97 Deliverables: - One (1) sheet/drawing of existing site topography will be prepared under this contract. 2. Drainage A. 700 Wood Street Site Scope of Services: A2.1 Preliminary drainage plan and report— Plan and report to include hydraulic and hydrologic modeling through the site. Modeling will lead to defining the proposed 1000 year floodplain boundary through the site to the south bank of the Cache la Poudre river (assumes river is not under a flood condition). A new report will be prepared that incorporates previous storm drainage criteria and outlines the affect of the new rainfall criteria and preliminary grading proposed under this contract. A2.2 Drainage basin discussion with Utility Department — Up to three (3) meetings will be performed with City Utility (Stormwater) staff to discuss drainage report revisions and final outcome. Up to two (2) revisions will be made to the report. Additional revisions and/or modification of criteria from that contained in the previous drainage report will require authorization as an additional service. Deliverables: - One (1) map delineating the floodplain from Wood Street to the Cache la Poudre River based on proposed improvements. - Drainage report outlining floodplain from Wood Street to the Poudre River based on proposed improvements. B. Mulligan Site Scope of Services: B2.1 No work is anticipated relative to drainage. Deliverables: - None. 3. Utilities A. 700 Wood Street Site Scope of Services: A3.1 the horizontal location of all known utilities will be investigated. Locations will be based on informational maps supplied by the utilities. A3.2 The vertical location of sanitary and storm sewer(s), irrigation lines, and water lines will be approximated by shooting invert elevations in sewer(s) and irrigation lines, and top -of -nut elevations on water valves within the project boundary. Potholing of utilities is beyond the scope of this proposal and therefore would be done by City crews or under separate contract as additional services. Deliverables: - One (1) site plan containing surface features, and underground utility locations, sizes and pipeline materials, if known. B. Mulligan Site Scope of Services: B3.1 The horizontal location of all known utilities will be investigated. Locations will be based on informational maps supplied by the utilities. B3.2 The vertical location of sanitary and storm sewer(s), and water lines will be approximated by shooting invert elevations in sewer(s) and irrigation lines, and top -of -nut elevations on water valves within the project boundary. Included will be the invert elevation of the pipe and orifice (if existing) at the outlet structure of the existing detention pond. The capacity of all pipes and swales downstream of the detention pond outlet structure will be based on prior designs prepared by the Stormwater group within the City's Utilities Department. If this information is not available, analysis of downstream conditions will be an additional service. B3.3 Potholing of utilities is beyond the scope of this proposal and therefore would be done by City crews or under separate contract as additional services. Deliverables: - One (1) site plan containing surface features, and underground utility locations, sizes and pipeline materials, if known. 4. Curb and Gutter A. 700 Wood Street Site Scope of Services: A4.1 No work is anticipated relative to the design and installation of curb and gutter. Deliverables: - None B. Mulligan Site Scope of Services: B4.1 No work is anticipated relative to the design and installation of curb and gutter. Deliverables: MO►L6 M 5. Sidewalk A. 700 Wood Street Site Scope of Services: B5.1 no work is anticipated relative to the design of sidewalks. Deliverables: None B. Mulligan Site Scope of Services: B5.1 No work is anticipated relative to the design and installation of sidewalk. Deliverables: - None 6. Paving 0 *116T1lKMM Scope of Services: A6.1 The pavement section has been previously designed by Terracon Western and is assumed to be sufficient for the City's Estimator to estimate quantities on Elm Street between Grant Street and Loomis Street. Therefore no services are anticipated by Sear - brown related to paving of Elm Street. A6.2 A pavement section or sections should be determined for parking lots and the storage yard area. It is assumed the City will contract directly with a geotechnical consultant for this work. Therefore, no services are anticipated by Sear -Brown related to paving parking lots and storage yards within the project site. Deliverables: 909= Scope of Services: B6.1 No work is anticipated relative to the design and installation of paving. Deliverables: - None 7. Striping A. 700 Wood Street Site Scope of Services: A7.1 No work is anticipated relative to the design of striping on either of the surrounding roads or interior to the site. Deliverables: - None B. Mulligan Site Scope of Services: B7.1 No work is anticipated relative to the design of striping on either of the surrounding roads or interior to the site. Deliverables: - None 8. Signage A. 700 Wood Street Site Scope of Services: A8.1 No work is anticipated relative to the design of signage on either of the surrounding roads or interior to the site. Deliverables: - None B. Mulligan Site Scope of Services: B8.1 No work •is anticipated relative to the design of signage on either of the surrounding roads or interior to the site. Deliverables: - None 9. Associated Site Features A 700 Wood Street Site Scope of Services: A9.1 attend up to six (6) meetings relative to the tasks outlined for this site. Deliverables: - None B. Mulligan Site Scope of Services: B9.1 Attend up to six (6) meetings relative to the tasks outlined for this site. Deliverables: - None EXHIBIT B UTILITY SERVICE CENTER MASTER PLAN UPDATE MILESTONE SCHEDULE - FIRST DRAFT This is an illustrative schedule for discussion only. It is based upon our understanding of the project's scope and delivery process. As these are finalized, the time needed to reach each milestone may change. If direction and authorization to proceed are delayed at any point, all subsequent dates will need to be adjusted accordingly. MILESTONE DURATION COMPLETION Kick-off Site Plan Review Meeting with staff 1 Day November 1, 1999 Survey Wood Street & Mulligan Sites 3 Weeks November 15, 1999 Develop site Alternatives for Wood Street 2 Weeks December 1, 1999 Owner Review & Comment 1 Week December 15, 1999 Develop Preliminary Overlot Grading Plan 3 Weeks January 10, 2000 Flood Plain Mapping 3 Weeks January 10, 2000 Develop Final Master Plan for Wood Street & Mulligan Sites 4 Weeks January 22, 2000 Submit Documents for Final Review and Comment 2 Weeks January 30, 2000 Final Master Plan 1 Week February 15, 2000 EXHIBIT C SUMARY OF FEES Vaught -Frye Architects $15,890 Sear -Brown Group $42,880 $58,770 Reimbursables $ 2,000 $60,770 HOURLY BILLING RATES Vaught -Frye Architects Associate $ 75 per hour Technician III $ 50 per hour Principal $ 80 per hour Sear -Brown Group Project Manager $110 per hour Project Engineer $110 per hour Design Engineer $ 65 per hour Staff Engineer $ 55 per hour CADD $ 55 per hour Clerical $ 35 per hour Survey Crew $ 85 per hour EXHIBIT D YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1. Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below. "Year 2000 Compliant" shall mean that information resources meet the following criteria: a. Data structures (e.g., databases, data files) provide 4-digit date century recognition. For example, "1996" provides date century recognition; "96" does not. b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. C. Calculations and programs logic accommodate both same century and multi - century formulas and date values. Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values. d. Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system. e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years. Year 2000 is correctly treated as a leap year within all calculation and calendar Section 2. Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement. Section 3. Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement. Section 4. The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Mr. John Renhowe James B. O'Neill, II Jack Gianola 1113 Stoney Hill Drive City of Fort Collins, Purchasing City of Fort Collins, Facilities Ft. Collins, CO 80525 P.O. Box 580 P.O. Box 580 Ft. Collins, CO 80522 Ft. 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 on a time and reimbursable direct cost basis according to the following schedule: PSA 10/97 `A Hourly billing rates: See Exhibit C Reimbursable direct costs: See Exhibit C with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Sixty Thousand Seven Hundred Seventy Dollars ($60,770). 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 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, PSA 10/97 E3 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 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 PSA 10/97 2 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (one) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS,j�COLORADO By: � n* f-udrXr�.e.l[. Joffn F. Fischbach City Manager Japes O'Neill II, Ma Dire or f Purchasing &Risk Risk Management DATE: fa PSA 10197 5 -City Clerk - APPROVED AS TO FORM: Assistant City Attorney V uc By: Title: Yw . CORPORATE PRESIDENT OR VICE PRESIDENT Date: 10 - zm - III ATTES JE (Corporate Seal) Corporate eor t ry PSA 10/97 11 EXHIBIT A UTILITY SERVICE CENTER MASTER PLAN UPDATE — SCOPE OF WORK Architectural Master Plan Update Objective: To update the Master Development Plan of the 700 Wood Street Site and the Property to the west of the Utility Service Center Site, known as the Mulligan Site. Work Elements: Planning and Architectural • The Design Team will work with the staff to determine project requirements based on the previous Master Plan, dated 2/10/97, and design studies. In 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. • Work directly with the City to develop alternatives for site configuration and general building layout. During this 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 on: Circulation patterns for vehicles, equipment, materials and personnel and their relation to site circulation patterns. • Upon approval of conceptual documents, the design team will develop the preferred scheme in regards to the details of vehicular access, workflow, and process systems. All aspects of the design will be thoroughly reviewed with the staff. • Prepare a Final Master Plan drawing. CIVIL oiect L Two project locations are a part this proposal. The first project location, for the sake of this proposal, will be titled: 700 Wood Street Site". This area is approximately defined by the east edge of the Light & Power Employee Parking Lot, the north property line of the Service Center storage yard, the east property line of the Service Center storage yard (west right-of-way of Whitcomb Street) and the south right-of-way line of Elm Street. The second project location will be titled: "Mulligan Site". The second site is located north of the north right-of-way line of West Vine Drive, west of the west right-of-way line of Wood Street, south of the south property line for the Equipment Maintenance facility and to a line approximately 335 feet west of and parallel to the west right-of-way line of Wood Street. Both locations are outlined on the attached site plan (Vaught -Frye, Master Plan, sheet AS2). The City of Fort Collins (Project Manager: Jack Gianola) wishes to prepare a set of preliminary documents to address: 1) existing topography and utility locations in the undeveloped area north of Elm St t 2) 9epr railroad right-of-way and Light & Power Storage Yard; in of the recently purchased railroad right-of-way from Whitcomb Street west to Gently constructed Light & Power Employee Parking Lot, and the Light & Power Storage Yard; preparation of a drainage plan and report to address stormwater conveyance and quality through the 700 Wood Street site to the Poudre River; and existing ground topographic and utility locations for the Mulligan Site west of Wood Street. 1) Topo survey will be performed within boundaries shown on the attached drawing; except for the railroad right-of-way which has recently been surveyed by others. 2) Property corners on boundary of recently purchased railroad right-of-way have been established/monumented in the field. 3) Topographic survey of recently purchased railroad right-of-way has been performed by the Utility Department and is available for use on this project. 4) Topographic information for the Mulligan Site west of Wood Street will be obtained both within the property as defined by the drawing as attached and for a distance of approximately 100 feet outside the boundary of the site. 5) Geotechnical services will be performed under a separate and direct contact between the City and a geotechnical consultant of their choice. These services would include field investigations, pavement design, and field-testing, as required. 6) Potholing of the existing utilities within the two (2) project sites will be performed by City's crews or under separate contract. 7) Design of improvements to Elm Street between Grant Street and Loomis Street will not be required. S) No structural design will be required under this contract. 9) City will notify residents surrounding project site if access is needed onto their property. 10) No meetings with the general public are included in this scope. 11) Location of existing utilities will be noted on the Drawings produced for this project. Locations will be derived from previous site survey information, utility maps, and pot -hole information obtained by City crews. No effort for designing vertical and/or horizontal relocations of these utilities has been included in this proposal. Efforts relative to relocation(s) will be performed as an additional service. 12) Re -grading or modifications of the existing detention facility on the north end of the West Vine Drive site is beyond the scope of this proposal. 13) Planning, architectural, irrigation and landscaping services will be performed by others, and accordingly is not a part of this scope of work. 14) Any updates to the existing traffic control study for Elm Street will be performed as an additional service. 15) No preparation and/or processing of LOMRs or CLOMRs and included in this scope of services. 16) Descriptions for all easements and rights -of -way of record for the project sites will be obtained by the City and forwarded to the Engineer/SGB. 17) All documents will be recorded by the City, as appropriate 18) All permits required will be prepared and processed by the City. 1. Grading A. 700 Wood Str Scope of Services A1.1 New topo of existing Wood Street Site -Topographic survey will be performed within the boundaries shown on the attached map. Topo of the prior railroad right-of-way has already been completed under separate contract with the Utilities Department. Our survey within the map boundaries will not recreate this information but will incorporate the existing information. A1.2 Topo (NE corner of Service Center site to Poudre River — Additional topo will be generated for the area bounded by the Nauta Property on the west, Poudre River on the north, Martinez Farm property on the east, and prior railroad right-of-way on the south. Field survey information will be used to generate one foot (1') contours for this area. A1.3 Topo drainage basin boundary — flows through the project site and to the Poudre River will be based on those contained in the prior drainage plan prepared for this site. No topographic information upstream of the project site will be performed under this scope. Al A Prepare preliminary overlot grading — One (1) preliminary grading plan will be prepared for the project area as defined on the attached map. This area does not include the off -site area north and east of the Service Center property. Cut and Fill volumes will be approximated using this grading plan. Each revision to this plan will be performed as an additional service. Deliverables: One (1) sheet/drawing showing topographic information obtained by survey. This sheet will also contain permanent features within the site (e.g. drainage pipes, irrigation pipes and channels, fence lines and types, permanent buildings, manhole lids, and utilities). The location of materials and equipment stored on -site will not be noted on this drawing. One (1) sheet/drawing showing topographic information obtained by the off -site survey of the property from the Service Center site to the Poudre River. This will not contain utility, irrigation or other above or below ground site information (e.g. trees, fences, bike trails, etc.); only contours. One (1) sheet/drawing of a preliminary overlot grading plan will be performed under this contract. Scope of Services: B1.1 Survey and topo Mulligan Site — A topographic survey will be performed within the boundaries shown on the attached map.