Loading...
HomeMy WebLinkAbout366746 OHLSON LAVOIE - CONTRACT - CONTRACT - 5506741PROFESSIONAL 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". 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 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 Hourly Rates: Applicable rates for additional services listed above or far services beyond the scope of work are'. President $200 Per hour Intern $ 50 Per hour Senior Principal $150 Per hour Draftsperson $ W Per hour Principal $120 Per hour Clerical ; 50 Per hour Aquatic Designer $100 Per hour Interior Designer i 90 Per hour OWNERural Designer $ 90 Per hour 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 costs, lodging, delivery services, communications, printing, plotting, reproduction, and other direct expenses and shalt not exceed amounts indicated without your prior approval. If on -site trips coincide with other work in the same region we may be able to share expenses with other clients. BIINng: Fees, additional services and reimbursable expenses will be billed monthly. Payments are due and payable 30 days from the date of the OLC's invoice. Amounts unpaid 45 days after the invoice date shall incur a 1 % monthly service charge on the outstanding balance unto paid. Other: • In any action brought to enforce or contest any provision of this contract or to collect agrsed upon fsas. the prevailing pant would be entitled to milact an costs and expenses incurred in connection with such action, including reasonable aCornay'a faea. • The Iowa of the State of C Iorado shall apply the provisions of this agreamein. • OLC's flab&ity for any mAent acts, errors or omissions under this contract shall not exceed the total amount of lees irounad. + sW wd OWNER temtinats this agmomant tot any reason, OLC WWII be resnbnased for services perfomrsd to tamdnstion date at OLC standard hoary rateW or as ksled above. • itis the inheritor OWNER and OLC that for Architect-of-Ratord Services, the tarns- or Cus hgreerront shall be Incorporated Into a separately executed contmof bored on the AIA bocamard 6141, `Standard Form of Agreanxint Between Owner and ArcMtact'. Authorization: By signing below the undersigned affirm that they are authorized to enter into this agreement. CLIENT: t ! Signature Date: For. OWNER OLC: Charlie Snider, 8/26103 Aquatic Designer Signature Dates 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 hereunderfor 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, togetherwith 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: J es B. O'Neill II, CPPO, FNIGP Directdr6f Purchasing & Risk Management DATE: I D / 7� p 6 Ohlison Lavoie Collaborative 1515 Wazee St., Suite 400 Denver, CO 80202-1672 By: 'ry c" Title: W CORPORATE PRESIDENT OR VICE PRESIDENT Date: (D •Oar Dr. ATTEST: ��, (Corporate Seal) Cor rate Secretary to . G40or- Professional Services Agreement —January, 2005 5 EXHIBIT "A" Dated: August 26, 2005 Between: OWNER liclient) And AQUATIC DESIGNERfCONSULTANT City of Fort Collins dbal OhIson Lavoie Collaborative�� Ron Kechter 1515 Wazee Street, Suite #400 Purchastng Denver, Colorado 80202-1478 214 N. Mason Street (303) 294-9244, Tel Fort Collins, CO 80521 (303) 294-9440, Fax (970) 2218775, Tel htti)://www.olofts,.f'ans com http:/(www.fcaoy.com Qsnlder0otcdesions.com rkechter0logov. corn Description: The project will consist of a new, outdoor water slide at City Park Pool. The intent is to provide bid - ready construction documerrts 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 47 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 pool strucksre below. In addMon, 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 reoetves approval to proceed by the OWNER: Phase i SC"EMATiC 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. Deliverabies: . Conceptual Design Sketches • Design Narrative Schedule: (1) Weeks Site Visits: 1 Fee: $1,800 Not to exceed, billed hourly Retmbursabies: $1011 Estimated Professional Services Agreement —January, 2005 Phew 2 CONSTRUCTION DOCUMENTATION Scrape of Work: During this phase OLC will provide the OWNER with 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 and details • Piping schematics Mechanical, Electrical and Plumbing trade coordination Civil and landscape coordination Division 13165 specifications Schedule: (2) Weeks Stte Vialts: None anticipated Fee: $4,500 Not to exceed, billed hourly Relmbursabies: $150 Estimated Phase 3 CONSTRUCTION ADMINISTRATION Scope of Work: Assist OWNER in the administration of the aquatics construction contract Deliverables: • Conferences • Jobe meeting minutes • Job -site reports • Submittal reviews Supplemental instructions • Change -Order review • Punch list inspection * Final inspection Schedule: As per construction schedule Site Visits: 3 Recommended(pre-const i flume Installation t punchlist) Construction sequencing may add trips Pre -coast could be eliminated and Final could be added Fee: $"00 Not to exceed, billed hourly Relmbursabies: $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 notlty OWNER before commencing any of the foilowgng: 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 -trading or multiple'For-construcron' 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 Par hour Aquaitc Designer $100 Per hour Interior Designer $ 80 Per hour OWNERural Designer $ 90 Per hour Professional Services Agreement —January, 2005 Reimbursable OWNER will reimburse OLC for expenses incurred in the course of deltvvery of these services at Expenses: 1.15 tunes cost. Such expenses include transportation costs, lodging, delivery services, communications, printing, plotting, reproduction, and other direct expenses and shell not exceed amounts indicated without your prior approval. It on -site trips coincide with other Work in the some region we may be able to share expenses with other clients , Ming: Fees, additional services and reimbursable expenses will be billed monthly. Payments are due and payable 30 days from the date of the OLC's Invoice Amounts unpaid 46 days after the Invoice date shall incur a 1 % monthly service charge on the outstanding balance unto paid. Other: , in anY action btovam to ardome or contest arty provision of this contract or to cola* olread upon feet, tiro prevailing Potty vrould be entitled to coleetal aoste and expenses nauned in connection YO such action. nca,ana leas"We adotney's fees. • The laws of the State of Colorado erral apply the provisions of this aWearnent. • oLCs iiabilty for any rA~ acts, arram or orrissions ,order Oils contract Mal not exceed tM Dotal amotaa of Sera hwurred. • anouM OWNER tamxnate No agreement for any mason, 0LC shall be reimbursed for services performad fc ownrirason date at= abandon! hourty rates or as hood above. it is fire intent of OWNER and OLC ttctt br Arcfiae*oFRacord Services, the terms, of this Agraemant shaft be nomporatod ado a aaparataly executed Contract based on 1M AA Docurnem 814 1, 'standard Fenn of Agreement ashvaen Owner and Archaee- Authorization: By signing below the undersigned affirm that they are authorized to enter into this agreement. CLIENT* Signature Date: For. CITY OF FT COLLINS OLC: 4+bCdr C Charlie Snider, VV 8126105 Aquatic Designer Signature Date: For. Ohison Lavoie Collaborative Professional Services Agreement —January, 2005 Dated: August 26, 2006 Betwow: OWNERR (client) And AQUATIC DESIt3NEWCONSULTANT City of Fort Collins —^ dba/ Ohison Lavoie Collaborative Eton Keduer 1515 Wazee 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) 2216775, Tel htto:rlwv.�olcdesicns.com http://Www,fcoov.corn csniderQ9IQ0es1Ans.com rkeebteri pt(mov,eom 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 feasbilty. The feature design and specification will be provided. The existing mechanical system, including a pump, piping connections and electrrcal hook-ups and controls are assumed to be adequate for the new installation. The mechanical system will be reviewed only. 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 fun 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 used 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 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 designlbuild and/or or purchase order agreements. Since the unit is a replacement of an existing feature, no permit requirements are anticipated. Deliverables: . Schematic Design Sketches • Design/installation N"tve Schedule: (1) Weeks Site Visits: 1 Hourly billing, not to exceed Fee: 91,200 No meetings anticipated Reimbursabfes: $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: • Planner, Zoning and other Governing Authority approval processing • Scope or budget changes which require modifloations 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