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HomeMy WebLinkAbout366748 OHLSON LAVOIE - CONTRACT - CONTRACT - 24143PROFESSIONAL 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 Ohlson Lavoie Collaborative, 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: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within upon signing of this Agreement. Services shall be completed no later than October 31, 2005. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. 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: Professional: City: With Copy to: Ohlison Lavoie Collaborative City of Fort Collins — Purchasing City of Fort Collins 1515 Wazee St., Suite 400 PO Box 580 Ron Kechter Denver, CO 80202-1672 Fort Collins, CO 80522 117 N. Mason Fort Collins, CO 80524 Professional Services Agreement —January, 2005 1 dourly Races: Applicable rates for additional services listed above or for services beyond the scope of work are: President Wo Per hour Intent, $ 80 Per hour Senior Principal $160 Per hour Draftsperson $ 80 Per hour Principal $120 Per hour Clerical $ 50 Per hour Aquatic Designer $100 Per hour Interior Designer $ 90 Per hour OWNERural Designer S 90 Per hour Reimbursable OWNER will reimburse OLC for expenses Incurred in the course of delivery of these services at Expenses: 1.16 times cost. Such expenses include transportation costs, lodging, delivery services, communications, printing, plotting, reproduction, and other direct expenses and shall not exceed amounts Indicated without your prior approval. If on -site tips coincide with other work in the same region we may be able to share expenses with other clients. Billing: Fees, additional services and reimbursable expenses will be bitted monthly. Payments are due and payable 30 days from the date of the OLC's Invoice. Amounts unpaid 45 days alter the invoice date shall incur a 1 % monthly service charge on the outstanding balances until paid. Other: • In any action brought to enforce or contest any provision of this contract or to collect agreed upon tees, the prevailing parry would be entilled to colect all coin and expenses incurred in connection with such action, Including reasonable att"Mofees. • The 1s" of fhe State of Colorado shad apply the provisions of this agreemera. • oLC's eabilily for any nogBgent acts, errors or omissions under this contract shall not exceed ere rota) amount of teas incurred. atauld OWNER bm»nats In* agrsomenafor shy reason. OLC shell be raimbursed tot sawlgs pattomtad to termination date at OLC standard hourly rates or as fisted above. It is the intent or OWNER and OLC that for Archheetdbffscord the corms- of etas Agreement stroll be incorporated Into a separately executed contract based on the AIA Document 8141,'Standard Form of Agresirwm Between owner and Architect". Authorizatfon: Sy signing below the undersigned affirm that they are authorized to enter into this agreement. CLIENT: _t ! Signature Date: V For. OWNER OLC: In d Charlie Snider, 8f26103 Aquatic Designer Signature Date: For. Ohlson Lavoie Collaborative Professional Services Agreement —January, 2005 10 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. 4. Design, Proiect 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 $100,000. 5. 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 Nine Thousand One Hundred Dollars ($9100.00) for design of City Park Pool water slide, and One Thousand Two Hundred Dollars ($1200.00) for design at Aquatic play equipment at Mulberry Pool. All such fees and costs shall not exceed Eleven Thousand One Hundred Twenty Five Dollars ($11,125.00). 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 upon the Professional Services Agreement —January, 2005 2 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. 6. 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. 7. 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, 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 -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 8. 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. 9. 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. Professional Services Agreement —January, 2005 3 10. 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. 11. 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. 12. 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. 13. 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. Professional Services Agreement —January, 2005 4 14. 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. 15. 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. THE CITY OF FORT COLLINS, COLORADO By: Pafies B. O ill , CPPO, FNIGP Directo of Purchasing & Risk Management DATE: t O� -Izas� Ohlison Lavoie Collaborative 1515 Wazee St., Suite 400 Denver, CO 80202-1672 By:v,�-' Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: 10-8Q-01 ATTEST: Co orate Secretary �O.O�••CS' Professional Services Agreement —January, 2005 5 EXHIBIT "A" Dated: August 26, 2W5 Between: OWNER (client) And AQUATIC DESIGNERICONSULTANT City of Fort Collin dbat Ohlson Lavoie Collaborative Ron Kechter 1515 Waizee Street, Suite #400 Purchasing Denver, Colorado 80202-1478 214 N. Mason Street (303) 294-9244, Tel Fort Collins, CO 80521 (303) 294-9440, Fax (970) 2M775, Tel htta://www.olcdesians.com http:/Avww.im5tv.com csnider0olcdesion%com rkkechter %fc9ov.corn Description: The project will consist of a new, outdoor water slide at City Park Pool. The intent is to provide bid - ready construction documents based off of preliminary plans and estimates to aid in meeting budget requirements. The slide design shall Include a platform and foundations for a double flume. The base plan will include a 42' body flume and a platform and a 32' speed slide. The platform will be approximately 30 ft in height with flume lengths to accommodate. The stairs will be designed to best suit the existing site layout. The mechanical system design, including a pump, piping connections and electrical hook-ups and controls will be included in the final package. Structural considerations will be given to foundation Installation and coordination with the old, existing poolstructure below. In addition, mechanical and electrical plans and coordination will be provided. The current layout is only a preliminary estimate of the final design. We will need to consider the additional deck work that will be required of this particular layout in order to provide access to the stair entry. Project OLC can begin design work immediately upon your authorization to proceed. Schedule: The durations indicated are based on an estimated two week turnaround for client revisions and then approvals at the end of each phase. OLC delivery time is identified in ( ) brackets. Client's Provide full information in a timely manner regarding requirements for and limitations to the Project. Duties: Provide plans, legal descriptions and other site information necessary for OLC to provide the services listed in this agreement. Included Programming review based on OWNER's project requirements. Services: The following phases for design services are included In this agreement. Each phase will be started only after OLC receives approval to proceed by the OWNER: Phase 1 SCHEMATIC DESIGN Scope of Work: During this phase OLC will provide the OWNER with information regarding suggested layouts and design parameters of the slide. Our intent would be to attend a preliminary design meeting and identify an acceptable concept. OLC would then provide the chosen concept sketch and narrative for review and acceptance. Deliverables: . Conceptual Design Sketches • Design Narrative Schedule: (1) Weeks Site visits: 1 Fee: $1,800 Not to exceed, billed hourly Relrribursabtes: $100 Estimated Professional Services Agreement —January, 2005 plans and specifications suitable for construction of the aquatic elements, Deliverables: Pool Area Plan • Dimensioned Slide plans • Coordination and data tables • Pool Equipment details • Structural review, sections and details Plumbing plans ant details • Piping schematics • Mechanical, Electrical and Plumbing trade coordination • Civil and landscape coordination • Division 13165 specifications Schedule: (2) Weeks StteVisits: None anticipated Fee: $4,500 Not to exceed, billed hourly Reimbursable•: $150 Estimated Phase 3 CONSTRUCTtON ADMINISTRATION Scope of Work: Assist OWNER in the administration of the aquatics construction contract. Deliverables: • Conferences • Job-ske meeting minutes • Job -eke reports • Submittal reviews • Supplemental instructions • Change -Order review • Punch list inspection • Final inspection Schedule: As per construction schedule Site Visits: 3 Recanmended(pre-oonst / flurry Installation! punchtst) Construction sequencing may add trips Pre-oonst could be eliminated and Final could be added Fee: $2,BW Not to exceed, billed hourly Reimbursables: $500 Estimated Additional OLC can assist the OWNER with services beyond those indicated above and not included in this Services: agreement at a negotiated sum or at our standard hourly rates. OLC will notify OWNER before commencing any of the following: Planning, Zoning and other Goveming Authority approval processing • Scope or budget changes which require modifications to approved drawings • FF&E purchasing coordination and installation management • Display Models • Record Drawings • Fast -tracking or muitiple'For-construction' sets Site visits in addition to those listed above. Hourly Rates: Applicable rates for additional services listed above or for services beyond the scope of work are: President $200 Per hour intern $ 80 Per hour Senior Principal $150 Per hour Draftsperson $ 60 Per hour Principal $120 Per hour Clerical $ 50 Per hour Aquatic Designer $100 Per hour Interior Designer $ 90 Per hour OWNERural Designer S 90 Per hour Professional Services Agreement —January, 2005 Reimbursable OWNER will reimburse OLC for expenses incurred in the course of delivery of these services at Expenses: 1.15 times cost. Such expenses include transportation coats, lodging, delivery services, communications, printing, plotting, reproduction, and other direct expenses and shall not exceed amourr is indicated without your prior approval, if on -site tripe coincide with other work in the same region we may be able to stare expenses with other clients. , Billing: Fees, additional services and reimbursable expenses will be Wiled monthly. Payments are due and payable 30 days from the date of the OLC's Invoice. Amounts unpaid 45 days after the invoice date small Incur a 1% monthly service charge on the outstanding balance until paid. Other: • In any action brought to araorae or cones[ any provlebn of this contract a to call sanea upon aes, tle prevaang party would be entlltsd b collect al costs and expenses'vwurad in connection with such action, Including rossonable alornay's tees.. • The taWS of the area of Colorado snail apply tle provisions or this aurearent. OWS he tally rot any n~ acts, orron or omtsttons under this contract she not exceed the cal aneurx of facie incurred. Should OWNER terminate ids sgnattentfor any reason.OLC shall be wim6usad tar services wdorned to temantion date lit OLC standard hourly nas at as ffatsd above. It is the intent of OWNER and OLC that for Atchitact.or-Record services, the arms of rha Agreernsht shall be i comeddod ha a sapanaly exeoA*d coMnct based on lee NA Doeamant SAC, "Sanaard iamb of AtF nl Between Owner and Architect. Authorisation: By signing below the undersigned affirm that they are authorized to enter into this agreement. CLIENT: _t I Signature Date: For. CITY OF FT COLLINS OLC: / Charlie Snider, SM6105 Aquatic Designer Signature Date: For. Ohison Lavoie Collaborative Professional Services Agreement —January, 2005 Dated: August 26, 2005 Between: OWNER (client) And AQUATIC DESIGNERICONSULTANT City of Fort Collins dba/ Ohison Lavoie Collaborative Ron Kechter 1515 Wazee Street, Suite #400 Purchasing Denver, Colorado 80202-1478 214 N. Mason Street (303) 294-9244, Tel Fort Collins, CO W521 (303) 294-9440, Fax (970) 2216775, Tel hltDWwww.olodesions,com httD://wr w.fWDv.com csnsdergolcdesslns,com rkechter tcg_ov.com Description: The project will consist of a new, aquatic play structure for the zero -depth entry area. The intent is to replace the existing Mushroom feature and use the existing mechanical equipment. Some investigation must occur to insure feasibility. The feature design and specification will be provided. The existing mechanical system, including a pump, piping connections and electrical hook-ups and controls are assumed to be adequate for the new installation. The mechanical system will be reviewed only. Project OLD can begin design work immediately upon your authorization to proceed. Schedule: The durations indicated are based on an estimated two week turnaround for client revisions and then approvals at the and of each phase. OLC delivery time is identified in ( ) brackets. Clienfs Provide full information in a timely manner regarding requirements for and limitations to the Project. Duties: Provide plans, legal descriptions and other site information necessary for OLC to provide the services listed in this agreement. Included Programming review based on OWNER'S project requirements. Services: The following phases for design services are included in this agreement. Each phase will be started only after OLC receives approval to proceed by the OWNER: suggested layouts and design parameters of the feature. Our intent would be to provide schematic concepts for your review and review by the Manufacturer and installer to provide enough information to permit you to enter into design/build and/or or purchase order agreements. Since the unt is a replacement of an existing feature, no permit requirements are anticipated. Deliverables: • Schematic Design Sketches • Designiinstailation Narrative Schedule: (1) Weeks Site Visits: 1 Hourly billing, not to exceed Fee: $ 1,200 No meetings anticipated Rehmbursabfes: $75 Estimated Additional OLC can assist the OWNER with services beyond those indicated above and not included in this Services: agreement at a negotiated sum or at our standard hourly rates. OLC will notify OWNER before commencing any of the following: • Planning, Zoning and other Governing Authority approval processing • Scope or budget changes which require modifications to approved drawings • FF&E purchasing coordination and installation management • Display Models • Record Drawings • Fast -tracking or multiple 'For -construction" sets • Site visits in addition to those listed above, Professional Services Agreement —January, 2005