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Home My WebLink AboutALLER LINGLE AND LYMAN DAVIDSON DOOLEY - CONTRACT - RFP - P839 ARCHITECT & ENGINEERING SERVICES AT OPERATION (2)PROFESSIONAL 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 Aller-Lingle Architects, P.C., hereinafter referred to as 'Professional'. W ITNESSETH: 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 any project Work Orders (RFP or project name), issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed $50,000. 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 upon signing, and shall continue in full force and effect until July 1,2003, unless sooner terminated as herein 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. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and WOPSA 05/01 FEE STRUCTURE AND REIMBURSABLE EXPENSES ! Associate Engineer Level H Level I Research Assistant Luminous Design, Inc. Principal David L. Adams Associates, Inc. Principal Associate Principal Project Manager Senior Project Consultant Senior Consultant Project Consultant Staff Consultant Technical Assistant CAD Operator Inner DZYN Principal Interior Designer Stewart Environmental Consultants, Inc. Senior Principal Engineer (P.E., L.S., C.C.E.) Senior Principal Environmental Engineer (P.E., C.C.E.) Expert Testimony Operations Manager (P.E.) Senior Project Manager (P.E.) Project Manager (P.E.) Mechanical Engineer Geologist Project Engineer Environmental Scientist a Senior Chemist Environmental Chemist Microbiologist Laboratory Technician Engineering Technician Junior Technician Computer -Aided Drafting Draftsperson Technical Editor Word Processor Data Processor Accounting Manager i Accounting Assistant $66.00/hour $60.00/hour $50.00/hour $90.00/hour $120.00/hour $100.00/hour $90.00/hour $80.00/hour $65.00/hour $60.00/hour $55.00/hour $45.00/hour $45.00/hour $90.00/hour $65.00/hour $150.00/hour $155.00/hour $210.00/hour $130.00/hour $130.00/hour $110.00/hour $110.00/hour $100.00/hour $95.00/hour $95.00/hour $74.00/hour $69.00/hour $62.00/hour $59.00/hour $70.00/hour $40.00/hour $63.00/hour $53.00/hour $47.00/hour $40.00/hour $40.00/hour $52.00/hour $40.00/hour, Page 3 FEE STRUCTURE AND REIMBURSABLE EXPENSES B & C Associates, Inc. Principal $65.00/hour Senior Estimator $62.00/hour Mechanical Estimator $88.00/hour Electrical Estimator $70.00/hour Estimator $60.00/hour Clerical $20.00/hour Weeks & Associates, Inc. Structural Engineers Principal Engineer $90.00/hour Staff Engineer $60-65.00/hour Administrative Staff $35.00/hour Tatanka Historical Associates Principal $85.00/hour Page 4 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: Mileage: Long -Distance Telephone: FAX: Photocopying — 8-1/2x11 8-1/2x14 11x17 Blueprinting: Vellum Plotting: Mylar Plotting: 12 x 18 Plots: Out -of -Town Travel Expenses: Film and Processing: Soils Laboratory: Sub -Consultant Reimbursable Expenses: Blue Printing out -of -office $0.37/mile Direct cost x 1.1 $0.75/FAX $0.10/sheet $0.15/sheet $0.20/sheet $2.00/sheet $5.00/sheet $15.00/sheet $0.50/sheet Direct cost x 1.1 Direct cost x 1.1 Direct cost x 1.5 per attached schedule Direct cost x 1.10 Direct cost x 1.1 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: Aller-Lingle Architects P.C. 748 Whalers Way Bldg E Suite 200 Ft. Collins, CO 80525 Attn: David Lingle, AIA City City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen With copy to City of Fort Collins Operations Services P.O. Box 580 Ft. Collins, CO 80522 Attn: Steve Seefeld 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. 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 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 $50,000 combined single limits. WOPSA 05/01 2 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 "B", consisting of four (4) 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 BHA Design, Inc., Terracon/Empire Laboratories, Earth Engineering Consultants, Inc., The Engineering Company (TEC), King Surveyors, Inc., KL&A, Inc., Abrahamson Engineering, Inc., Electrical Systems Consultants, Inc., Architectural Energy Corporation, Luminous Design, Inc., David L. Adams Associates, Inc., Inner DZYN, Stewart Environmental Consultants, Inc., B & C Associates, Inc., Weeks & Associates, Inc., Structural Engineers, and Tatanka Historical Associates, are not parties to this agreement. 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. 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 WOPSA 05/01 3 reproduction. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days 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 monthly 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 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 often (10) days within which to cure said default. In the event the default WOPSA 05/01 4 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 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. WOPSA 05/01 5 Al Ai4 TO 0111: Assis; y Attorney THE CITY OF FORT COLLINS, COLORADO By: 10- 0 , JohlY F. Fischbach Cit ager p Ja es . O'Neill II, CPPO, FNIGP Dir r of Purchasing & Risk Management Date: t ATTEST: Aller-Lingle Architects P.C. By: Title: �IOG—I°YGSIciwVf' ClryCterk CORPORATE PRESIDENT OR VICE PRESIDENT Date: 7/18/01- i Corporate SeceAry/ WOPSA 05/01 6 (Corporate Seal) EXHIBIT "A" 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 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 WOPSA 05/01 The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. City of Fort Collins M By: Director of Purchasing and Risk Management (over$30,000.00) Date: EXHIBIT B FEE STRUCTURE AND REIMBURSABLE EXPENSES ., Aller•Lingle Architects P.C. Aller•Lingle Architects P.C. Principal $100.00/hour Sr. Project Manager/Architect $80.00/hour Project Manager/Architect $72.00/hour Intern Architect/CAD Tech. 2 $56.00/hour Draftsperson/CAD Tech. 1 $48.00/hour Clerical/Administration $35.00/hour BHA Design, Inc Principal Landscape Architect $90-115/hour Project Manager $80-100/hour Landscape Architect $60-80/hour Technical Support $31.00/hour Administrative $50-60/hour Terracon/Empire Laboratories Principal/Engineer/Geologist $97.00/hour Geotechnical Engineer $64.00/hour Senior Field Technician $53.00/hour Field Technician $43.00/hour Materials Testing priced separately Earth Engineering Consultants, Inc. Senior Project Engineer (P.E.) $105.00/hour Project Engineer $85.00/hour _ Field Engineer $70.00/hour Level III Engineering Technician $56.00/hour Level II Engineering Technician $45.00/hour _ Level I Engineering Technician $35.00/hour Transportation (Company or Private Auto) $ 0.45/mile Materials Testing priced separately The Engineering Company (TEC) Principal $120.00/hour Principal 11 $110.00/hour Principal III $95.00/hour Project Manager $90.00/hour Senior Engineer $80.00/hour Project Engineer $65.00/hour Design Engineer 11 $60.00/hour Design Engineer I $50.00/hour Project Representative $60.00/hour Resident Observer $55.00/hour CADD Manager $70.00/hour L '1 Sr. CADD Operator $60.00/hour CADD Operator $45.00/hour Secretary $35.00/hour FEE STRUCTURE AND REIMBURSABLE EXPENSES King Surveyors, Inc Registered Land Surveyor $64.00/hour Surveying Technician I $52.00/hour Surveying Technician II $42.50/hour Surveying Technician III $37.00/hour Crew Rate (3 man) $130.00/hour Crew Rate (2 man) $105.50/hour GPS Receivers $40.00/hour" Draftsman (CAD Technician 1) $52.00/hour Draftsman (CAD Technician II) $42.50/hour Draftsman (CAD Technician Ill) $37.00/hour Clerical $27.50/hour KL&A, Inc. Principal $125.00/hour Project Engineer $95.00/hour Design Engineer $75.00/hour Engineering Intern $65.00/hour Senior CAD Drafter $65.00/hour Steel Detailer $65.00/hour CAD Drafter $50.00/hour Clerical $35.00/hour Abrahamson Engineering Inc. Principal/Project Engineer $90.00/hour Mechanical Engineer/Senior Designer $65.00/hour Draftsperson $42.00/hour Clerical $42.00/hour Electrical Systems Consultants Inc. Project Manager $70.00/hour Project Engineer $66.00/hour Electrical Designer $50.00/hour CAD Technician 1 $40.00/hour Architectural Energy Corporation Principal $155.00/hour Senior Engineer Level II $127.00/hour Level $100.00/hour Staff Engineer Level11 $83.00/hour Level I $72.00/hour Page 2