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Home My WebLink About101882 VAUGHT FRY ARCHITECTS - CONTRACT - RFP - P343 STREETS FACILITIES ARHITECTURAL 20857PROFESSIONAL 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, 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: 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 upon signing of this Agreement. Services shall be completed no later than September 1, 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: PSA 05/01 Project Administrator/Engineering Aide $ 57.00/Hour Word Processor/Administrative Assistant $ 52.00/Hour CAD Workstation $ 8.00111our RNF Consultants, Inc. Principal $ 110.00/Hour Associate $ 90.00/Hour Senior Engineer $ 70.00/Hour Junior Engineer $ 60.00/Hour CAD Operator $ 50.00/Hour Clerical $ 30.00/Hour Stantec Project Manager $ 123.00/Hour Senior Engineer $ 113.00/Hour Project Engineer $ 93.00/Hour Senior Designer $ 37.00/Hour Survey Manager $ 113.00111our In -House Survey Staff $ 110.00/Hour Vignette Studios Principal $ 80-90/Hour Project Manager $ 65-75/Hour Graphic Designer $ 45-65/Hour Planner $ 45-65/Hour Landscape Architect II $ 45-65/Hour Landscape Architect I $ 35-50/Hour Draftsperson $ 30-40/Hour Clerical $ 25-30/Hour Vaught -Frye Architects 401 West Mountain Suite 200 Ft. Collins, CO 80521 Attn: Joe Frye, AIA, President City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen With Copy to: City of Fort Collins, Operation Services P.O. Box 580 Ft. Collins, CO 80522 Attn: Ron Kechter 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 oflr'f+0�10,D� 00 5. 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 05/01 2 Fees Total Fee Reimbursable Vaught -Frye (Architect) $24,350 $23,350 $1,000 VF Ripley (Planner) $ 4,000 3,500 500 RMH Group (MEP) $24,950 24,180 770 RNF (Structural) $ 8,800 8,250 550 Stantec (Civil) $ 6,836 6,531 305 Vignette Studios (Landscape) $ 650 400 250 Specifications Consultans $ 1,500 1,500 0 Total $71,086 $67,711 $ 3,375 with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Seventy -One Thousand Eighty -Six Dollars ($71,086.00). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The parties acknowledge that VF Ripley, RMH Group, Stantec, and Vignette Studios, are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rates paid by the City to the Professional for these services. If the amount charged by these subcontractors exceeds the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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. 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. PSA 05/01 3 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 quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. 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 hereunderforthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 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 PSA 05/01 4 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 often (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. 14. Bindinq 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. PSA 05/01 5 ti City Clerk f( APP D,AS T Ass' ant C} y Attorney �f%llir/u�.+l , cafe M. 'MM- -W16 PSA 05/01 THE CITY OF FORT COLLINS, COLORADO By: 0 r U (Ja4les B. O'Neill 11, CPPO, FNIGP Direc v Purchasing & Risk Management DATE: l `i7/%/4 1 i iae: t l •-. )+ CORPORATE PRESIDENT OR VICE PRESIDENT Date: I L) - I - (Y+ 0 (Corporate Seal) EXHIBIT A SCOPE OF WORK Vaught Frye and its consultants will update the construction drawings for the De -Icing facility, originally completed in 2001, based on input received in work sessions with City staff. The services for this task are in general as follows: 1. Revisions to Construction Documents: a. Revise architectural, HVAC, plumbing and electrical drawings for changes to control room. b. Revise drawings to delete mixing plant and associated conveyor. c. Revise civil drawings to reflect that water and sewer mains have been installed. d. Revise piping system for the pump island and liquid storage tanks. e. Revise power for automatic entrance gate. f. Revise extension of the Simplex site security system. g. Revise site lighting. h. Revise and update specifications. i. Attend a construction document coordination review meeting with the City project manager. j. Prepare reproducible drawings for Review and bidding/construction. 2. Minor Amendment a. Prepare a revised site plan indicating the changes to the original design. b. Prepare documents required for the Minor Amendment submittal. c. Obtain written staff comments and address any changes with the design team. d. Prepare and coordinate mylar drawings for recording. 3. Bidding/Construction a. Attend the pre -bid conference. b. Issue addendum/addenda as required. c. Review shop drawings. d. Attend project construction site meetings (includes substantial completion) as follows: 1. Architect: weekly 2. Structural: eight 3. Mechanical: four 4. Electrical: Three 5. Landscape: Zero 6. Civil: Three e. Review contractors application for payment. f. Respond to Contractors RFI's. g. Assist City with project closeout. 4. As -built Drawings a. Prepare record documents drawings based on Contractor's redline drawings. FEES TOTAL FEE REIMBURSABLE Vaught Frye Architects (Architect) $24,350 $23,350 $1,000 VF Ripley (Planner) 4,000 3,500 500 RMH Group (MEP) RNF (Structural) Stantec (Civil) Vignette Studios (Landscape) Specifications Consultants (Specifications) Total 24,950 24,180 770 8,800 8,250 550 6,836 6,531 305 650 400 250 1,500 1,500 0 $71,086 $67,711 $3,375 EXHIBIT C HOURLY RATES Vaught Frye Architects Principal $ 135.00/Hour Associate $ 110.00/Hour Project Architect III $ 90.00/Hour Project Architect II $ 85.00/Hour Project Architect I $ 80.00/Hour Interior Designer III $ 75.00/Hour Design Technician IV $ 65.00/Hour Design Technician II I $ 60.00/Hour Design Technician II $ 55.00/Hour Design Technician 1 $ 50.00/Hour Intern $ 40.00/Hour Secretarial $ 30.00/Hour VF Ripley Associates Principal/Arch./Planner $ 135.00/Hour Principal/Landscape Arch./Planner $ 135.00/Hour Project Manager III $ 85.00/Hour Project Manager II $ 80.00/Hour Project Managerl $ 75.00/1-Iour Landscape Architect III/ Technician III $ 60.00/1-Iour Landscape Architect II/ Technician 11 $ 55.00/1-four Landscape Architect I/Technician I $ 50.00/Hour Intern I $ 40.00/Hour Secretarial $ 30.00/Hour The RMH Group Project Principal/Senior Project Manager/Senior Engineer Specialist $ 139.00/1-Iour Project Manager III/Engineering Specialist $ 129.00/Hour Project Manager II/Project Engineer III/Leader III $ 118.00/Hour Project Manager I/Project Engineer II/Leader II $ 108.00/1-Iour Project Engineer I/Leader I/Designer V $ 98.00/Hour Engineer III/Designer IV $ 90.00/Hour Engineer II/Designer III/CAD Operator IV $ 81.00/Hour Engineer I/Designer IUCAD Operator III $ 70.00/Hour JR.Engineer /Designer I/CAD Operator II $ 65.00/Hour Drafter II/ CAD Operator I $ 58.00/Hour Drafter 1 $ 54.00/1-four Senior Lighting Designer $ 113.00/Ilour Lighting Designer $ 88.00/1-lour Technical Writer/Graphic Specialist $ 81.00/Hour