Loading...
HomeMy WebLinkAboutRMH GROUP VAUGHT FRYE ARCHITECTS - CONTRACT - RFP - P343 STREETS FACILITIES ARCHITECTURAL ENGINEERING (4)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 1 Construction Staking Mechanical Electrical Subtotal Total Fixed Fee $ 4,130.00 $ 2,500.00 $ 2,900.00 $33,720.00 $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. i ID Task Name Duration Start Finish Predecessors 1 Schematic Design 30 days i 9/24 10/23 2 Design Development 35 days 10/24 j 11/27 1 3 DD Review 3 days ! 11/28 11/30 2 4 Final Design 44 days _ 12/1 1/13 3 5 City Review 7 days 1/14' _ - 1/20 4 6 Streets Department - Site Work 30 days 1/21 2/19 ! 5 _ 7 CityCouncil Action to Approve Funding PP 9 _ y 30 days ; 1/3 2/2 8 Prepare for Bid 22 days 1/21 2/11 5 9 Out for Bid 30 days:, y , _ 2/12 3113 8,7 10 Award Contract 30 days 3/14 4/12 9 11 Construction 150 days 4/13 9/9 10 12 Streets - Asphalt Paving & Striping 14 days 9/10 9/23 11 13 Outfit Facilities 7 days i 9/24 : 9/30 ! 92 Task Rolled Up Split Split Rolled Up Milestone 0 Project: Traffic Operations Progress Rolled Up Progress Date: 9/21 Milestone ♦ External Tasks Summary + Project Summary Rolled Up Task Page 1 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, 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 $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 I 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 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 parry's reasonable attorney fees and costs incurred because of the default. 15. 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. 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 OF FORT COLLINS, CnOLORADO By: Qp= John ll. Fischbach By: . Y / d yles B. O'Neill II, CPPO, FNIGP Dire Purchasing & Risk Management DATE: AT ST: ,+ °•°°°cry Clerk• D:�AS TO FORM: 0. '° t City Attorney VA GHT gR�YE By: V�.. VVIS117,1111ma, CTS Title: Ov. V CORPORATE PRESIDENT OR VICE PRESIDENT Date: -T� PSA 10/97 6 (Corporate Seal) " O tltlOtlOJCC00 � - 1 J �+'/J0+1071111:� 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. Construction Documents Phase: We will prepare the working drawings and specifications for the construction of Phase 1 of the project. Bidding or Negotiation Phase: We will assist the Owner evaluating bids and issuing clarifications. 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. Exx1BiT '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 $1,500.00 - 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