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HomeMy WebLinkAbout369269 BRINKLEY SARGENT - CONTRACT - CONTRACT - 5507079PROFESSIONAL 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 Brinkley Sargent Architects, A Texas Corporation, 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 two (2) 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 five (5) days following execution of this AucrUS-C l i ZOO FI5 Agreement. Services shall be completed no later than . Time is of the essen¢e-? 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 Services Agreement —January, 2005 1 Professional: City: With Copy to: Brinkley Sargent Architects City of Fort Collins, Purchasing City of Fort Collins, Facilities 5000 Quorum Suite 600 PO Box 580 Attn: Ron Kechter Dallas, TX 75254 Fort Collins, CO 80522 117 N. Mason Fort Collins, CO 80524 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, 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 N/A. 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 Seventy Four Thousand Dollars ($74,000) plus reimbursable direct costs. All such fees and costs shall not exceed Seventy Eight Thousand Dollars ($78,000). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based Professional Services Agreement —January, 2005 2 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 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 parry shall be liable to the non -defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 14. Bindin4 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 Professional Services Agreement —January, 2005 4 representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govem 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. Q- J (meo B. O'Neill II, CP O, FNIGP Director of PLftchasing & Risk Management DAT A Title: rr4S-5 (VW CORPORATE PRESIDENT Date: D t 7 Lo,5- 1 ATTEST: Wl.n (Corporate Seal) Corporate S bretary Professional Services Agreement —,,January, 2005 5 EXHIBIT "A" City of Fort Collins Police Facility Article 11 11.1 SCOPE OF WORK- FURNITURE, FIXTURES AND EQUIPMENT Research: A. Site visit current facility and documents current furniture to remain. B. Incorporate existing furniture into new building. Design Development: A. Meet with Police and City staff to establish FF&E requirements. B. Coordinate FF&E requirements with architectural floor plans. C. Update Budget. Construction Administration Phase A. Meet with city staff to establish furniture standards and requirements. B. Present standards of quality finish and staffing hierarchy to city staff. C. Establish and review Scope of FF&E based upon budgeting and interior design constraints. D. Present FF&E preliminary package to city staff. E. Present final FF&E package to city staff and finalize Budget. F. Complete specifications and drawings for purpose of bidding package. G. Coordinate the city staff bidding package front end general conditions consistent with city purchasing standards. H. Coordinate all MEP/Dimensional issues between bid package and building Construction Documents. I. Prepare bid package for city issuance. J. Advise Owner and Bidders on clarifications, substitutions and issuance of Addenda. K. Coordinate all vendor discussions with city. L. Assist Owner in evaluating prices and make recommendation for contract awards. M. Advise Owner and Vendor(s) on clarification items following notice to proceed. N. Provide on -site representative during furniture installation. (2 days) O. Make two (2) on -site visits to review completed FF&E installation and develop and process furniture punch list. P. Make one (1) on -site visit to review completed punch list prior to Owner's final acceptance. Professional Services Agreement —January, 2005 6 EXCLUSIONS: A. Work set forth by the Owner which is not set forth in the Basic Services. B. Revisions to work that are inconsistent with previous approvals or instructions. C. Services related to the advertisement of bidding documents. D. Services to develop and/or evaluate alternates for the bid documents. E. Services to develop multiple bid documents other than stated above. F. Services to develop record drawings. G. Additional presentations other than stated above. OWNERS RESPONSIBILITIES A. Provide single project representative. B. Exercise review and approval function in accordance with the agreed project schedule. C. Provide pertinent information developed to date due sent which will affect the work to be performed for this project. D. Advertise furniture bids. E. Execute the contract awards into signed agreements with the successful furniture bidders. F. Provide all management and coordination for the relocation of any existing FF&E i.e., copiers, computers, microfiche, etc. FEE PROPOSAL: Lump sum fee of $74,000 plus reimbursable expense not to exceed $4,500. Fees to be billed monthly based upon percent complete. Professional Services Agreement —January, 2005 7