HomeMy WebLinkAboutRMH GROUP VAUGHT FRYE ARCHITECTS - CONTRACT - RFP - P343 STREETS FACILITIES ARCHITECTURAL ENGINEERING (3)PROFESSIONAL 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 ARCHITECTS, a corporation, 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 two (2) pages, and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting
of one (1) page], and incorporated herein by this reference.
3. 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
Agreement. Services shall be completed no later than December 31, 2002. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in writing by the parties
hereto.
4. 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 10/97
Construction Staking
$ 4,130.00
Mechanical
$ 2,500.00
Electrical
$ 2,900.00
Subtotal
$33,720.00
Total Fixed Fee $147,275.00
The Construction Phase is estimated at 6 months. The number of site visits included in the proposal,
for each discipline, is as follows:
Architect
20
Structural
5
Civil
6
Mechanical
3
Electrical
3
Any site visits requested or required, beyond the number listed above, will be billed at the hourly
rates as shown on attached billing rate sheets.
Reimbursable Expenses
Compensation for reimbursable expenses are in addition to the fees outlined above. As shown
previously, the VF Ripley Planning work and the Traffic Study fees listed, are reimbursable
expenses. Other reimbursable expenses include: reproductions of bidding documents, mileage,
telephone, mylar plots, color plots, models, photographs, and special renderings. Reimbursables are
estimated at $30,000.00.
Task Name
Duration I Start
Finish
Schematic Design
30 days!,
9/24
1
Design Development
35 days
10/24
11/27
DD Review
3 days,:
11/28 '',
11/30 2
Final Design
44 days
12/1
1/13 3
City Review
7 days::
1/14
Streets Department - Site Work
30 days
1/21
2/19 ` 5
City Council Action to Approve Funding
30 days',
1/3 ;
2/2
Prepare for Bid
22 days
1/21
2/11 15
Out for Bid
30 days
2/12
3/13 8,7
Award Contract
30 days
3/14
4/12 9
Construction
150 days
4/13 '
9/9 10
'
Streets -Asphalt Paving &Striping
14 days
9/10
9/23 11
Outfit Facilities _
7 days
9/24
9/30 ' 12
Project: Traffic Operations
Date: 9/21
Task
Summary
Rolled Up Task
Rolled Up Split 1111"t""„""t",",
Rolled Up Milestone 0
Rolled Up Progress
External Tasks
Project Summary
Professional:
John Renhowe
Vaught Frye Architects
401 West Mountain Ave
Suite 200
Fort Collins, CO 80521
City:
Ron Kechter
City of Fort Collins
Operations Services
P O Box 580
Fort Collins, CO 80522
With Copy To:
John Stephen, CPPB, Senior Buyer
City of Fort Collins
Purchasing Division
P. O. Box 580
Fort Collins, CO 80522
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.
5. 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 $500,000.
PSA 10/97
2
6. 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 One Hundred Forty-
seven Thousand Two Hundred Seventy-five Dollars ($147, 275.00) plus reimbursable direct costs,
as set forth in Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference.
All such fees and costs shall not exceed One Hundred Seventy-seven Thousand Two Hundred
Seventy-five Dollars ($177,275.00). 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 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.
7. 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.
8. 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.
PSA 10/97
3
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
PSA 10/97
4
14. 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.
15. Bindincl 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.
16. 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 10/97
5
THE CITY O FORT COLLINS, COOLORADO
By: a•cY!
JohnW. Fischbach
City Manager //��
By: (3V F Kn
2i,
Jam s B. O'Neill II, CPPO, FNIGP
Direct o urchasing & Risk Management
DATE:
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APPR0Vt 3 TO F RM:
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As§'is'tant Ci y Attney
VA GHT FRY
By:
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Title:
CORPORATE
Date: )D I q
PSA 10/97
►DENT OR VICE PRESIDENT
(Corporate Seal)
EXHIBIT 'A'
SCOPE of WORK:
General:
The City of Fort Collins intends to complete the construction of a new Traffic Operations Facility
on a piece of property, located adjacent to Linden Street, on the west, and East Vine Drive, on the
north. This piece of property is designated as Lot 5A. This proposal is based on the Schematic
Design Floor Plan and Site Layout, dated January 8, 2001 (as revised), and contains the fees for
Planning, Architectural, Landscape Architecture, Structural, Civil, Mechanical, and Electrical
Engineering work necessary to complete the Contract Documents, assist the Owner with the Bidding
Process, and provide complete Construction Contract Administration services for Phase 1 of the
proposed Traffic Operations Facility. It also contains the fees necessary to complete the required
Planning Process and Documents for approval.
Specifics:
1) The construction cost, for the total 25,700 sf facility, is estimated at $6,000,000.00. This
includes all soft costs. Phase 1 construction costs are estimated at $2,168,000.00.
2) Complete the Design Services for Lot 5A, a piece of property consisting of approximately 3.25
acres, bounded on the north by the C&S Railroad, on the east by the CDOT property (Lot 4A), on
the south by an existing asphalt service drive, and on the west by Linden Street.
3) The following items will be included as part of the Planning Scope of Work:
a) Planning Services:
1) Meet with City staff, as required, for review of project concept.
2) Produce Site Concept Plan and attend neighborhood meeting, as necessary.
3) Prepare a P.D.P. submittal, landscape plan, and coordinate all activities and
requirements of the submittal with Owner, Design Team and Traffic Consultant.
4) Submit all P.D.P. documents, obtain staff comments, and coordinate all changes with
all Design Team members, and resubmit, as required.
5) Coordinate the Type 1 Development Review Process, and attend the Public Hearing.
6) Prepare a Final Site Plan based on P.D.P. review, and submit all Final Documents.
7) Obtain staff comments, coordinate any changes, and submit final mylars.
8) Prepare a Traffic Study.
4) The following items will be included as part of the Design Scope of Work:
a) The project will be constructed in 2 phases, over a period of time, and will include:
1) Phase 1 - Administrative and Signal Maintenance Areas (approximately 9,200 sf)
2) Phase 2 - Signs and Pavement Marking and Storage Areas (approximately 16,500 sf)
b) The total, conceptual space program consists of approximately 25,700 sf, and we will provide
the necessary services to refine the program and accommodate the total facility design, even
though only phase 1 will be constructed now.
c) Complete site survey, including verification of existing utility locations.
d) Design of Site Grading, Drainage and Utility connections for the entire site. Pre -
construction staking is also included in this proposal.
e) Complete structural system, with the floor structure based on slab -on -grade construction, and
the roof structure based on the use of steel joists and metal deck. Exterior wall systems to be
determined.
f) Mechanical and Electrical Design services required for the fully functional phase 1 portion
of the total facility, with systems and capacities designed to accommodate future phase 2.
4) The Owner will provide for the following:
a) Site demolition of any existing concrete footings, foundations, slabs and asphalt paving.
b) Rough overlot grading for Lot 5A.
c) Asphalt Paving and Striping.
ARCHITECTURAL DESIGN and PLANNING SERVICES
We will complete the following phases of work as part of this proposal:
1. Planning Phase:
We will provide the necessary planning services to gain approval of the proposed
Development, through a Type 1 Development Review Process, with Final Documents in
conformance with the City of Fort Collins Land Use Code.
2. Schematic Design Phase:
We will work with the Owner to determine the program space requirements and refine the
Project scope. We will develop documents to delineate the basic design of the total facility,
based on approved program requirements.
3. Construction Documents Phase:
We will prepare the working drawings and specifications for the construction of Phase 1 of
the project.
4. Bidding or Negotiation Phase:
We will assist the Owner evaluating bids and issuing clarifications.
5. Construction Phase:
We will assist the Owner and the Contractor in general administration of the
construction work. We will observe the work for compliance with the contract documents,
check shop drawings and sample materials, and review monthly pay requests for work
completed to date.
RESPONSIBILITY
The Owner, in consultation with the Architect, shall provide full information regarding the
requirements of the project and give due consideration to a proper budget for the work. The Owner
must provide complete legal, utility, and physical information (soils) about the site, and, during
various phases of the project development, act expeditiously upon matters needing their attention.
In interpreting the Owner's needs, the Architect will provide architectural services, technical
guidance, advice and counsel. Given in written, verbal or graphic form, the services will be rendered
so that the building, equipment, and surroundings are soundly constructed and well conceived.
SCHEDULE
Since this project will require the approval of the City of Fort Collins Planning staff, an appropriate
schedule will be worked out to provide for a timely completion of the project, based on the
knowledge that the Planning process requires an extended time period for completion. We are aware
that the Owner wishes to try and have the facility designed and constructed by September of 2002.
EXHIBIT 'C'
FEES
Our proposed fees for the Project Phases would be as follows:
Planning work, excluding Civil Engineering, is based on an hourly basis, according to the attached
billing rate schedule, from VF Ripley, and is an estimate of fees. That is the reason a range is shown
for the various phases of work. Also, these fees do not constitute a maximum, due to the uncertainty
of the overall planning process, but, instead, are reasonable amounts for the proposed scope of work,
as we understand it to be.
Also, the fees shown for the Traffic Study are an estimate, due to the unknown level of study that
will need to be done for this facility. The final scope of work, for this study, will be determined
through negotiations with the Owner.
All of these fees will be included as a reimbursable cost to the contract.
Planning Phase: (Reimbursable Costs)
Conceptual Design
$2,500.00 - 3,500.00
PDP Submittal
$6,500.00 - 8,000.00
Final Compliance
$1,500.00 - 2,000.00
Traffic Study
$11500.00 - 5,500.00
Architectural Assistance
$1,500.00 - 3,000.00
Estimated Reimbursable total $22,000.00
Civil Engineering fees, for the Planning Phase of the project, are based on a fixed fee for the PDP
Submittal, and are as follows:
Civil Engineering Survey $ 6,605.00
Civil Engineering PDP Drawings $20,000.00
Sub -total $26,605.00
Design work is based on fixed fees for the various phases shown below, and based on the Scope of
Work, as we understand it to be.
Design / Construction Documents Phase:
Architectural
$45,000.00
Landscape Architecture
$ 3,000.00
Structural
$11,250.00
Civil
$ 2,700.00
Mechanical
$12,000.00
Electrical
$13,000.00
Sub -total
$ 86,950.00
Construction Administration Phase:
Architectural $17,000.00
Structural $ 3,750.00
Civil $ 3,440.00