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HomeMy WebLinkAboutRMH GROUP VAUGHT FRYE ARCHITECTS - CONTRACT - RFP - P343 STREETS FACILITIES ARCHITECTURAL ENGINEERING (7)I 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, 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 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, 2001. 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 Citv. 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 PSA 10/97 1 EXHIBIT "c" FEES Our proposed fees for the above services would be. as follows: Construction Documents Architectural $20,400.00 Structural 8,450.00 Civil 15,000.00 Mechanical and Electrical 11,500.00 PB Rail 4 Transit 11,104.00 Landscape Architecture 750.00 Subtotal $672204.00 Construction Administration Architectural $14,200.00 Structural 2,950.00 Civil 9,885.00 Mechanical and Electrical 4,250.00 PB Rail & Transit 4,518.00 Landscape Architecture 400.00 Subtotal $36,203.00 Total Fee $1039407.00 The Construction Phase is estimated at 6 months. The number of site visits included in the proposal, for each discipline, is as follows: Architect 16 Structural 5 Civil 5 Mechanical and Electrical 6 PB Transit and Rail 1 Landscape Architect 2 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. Reimbursable expenses include: reproductions of bidding documents, mileage, telephone, mylar plots, color plots, models, photographs, and special renderings. Reimbursables are estimated at $10,000.00., which includes 3 trips to Fort Collins for PB Transit and Rail. 1 VfiUGHT FRYE architects STANDARD BILLING RATES LABOR: Principal $ 110.00/Hour Associate $ 85.00/Hour Project Manager $ 75.00/Hour Project Architect II $ 70.00/1-four Project Architect 1 $ 65.00/Hour Interior Designer III $ 65.00/Hour Technician III : $ 55.00/1-Iour Technician 11 $ 45.00/Hour Technician 1 $ 40.00/1-four Secretarial $ 30.00/Hour REIMBURSABLES: Auto/Mileage $ .30/Mile Photocopies (8 2" x 11") $ .10/Copy Mylar Plots (24 x 36) $ 10.00 Color Plots (24 x 36) $ 10.00 Bond Plots (24 x 36) $ 5.00 Rendering Plot (24x36) $ 50.00 Other direct project expenses will be billed at cost plus fifteen percent. Effective April 1, 2000 architecture • Interior design 401 11rest Mountain A•e.. Suite 200 • Fort Collins, Colorado 80521-2604 • 970-224.1191 • FAX 970-224-1662 I of Hourly Rates ti ti;u.roup, inc. Thefollowing hourly billing rates include all cost and markup pfor hourly contracts .except :riliti ...,..:.blessuch is travel and reproduction. PROJECT. PRINCIPAL ...................................................... .............................. ......... .......... MANAGER/ENGIN-EER SPECIALIST ........ ................... ....................................... -PROJECT ENGINEER UI/LEADERIII .................. .................... ............................... .. ... . . .. .... 'PROJECT:ENGINEER II/LEADER E ..................................................... ........... ...... ...... PROJECT ENGINEER I/LEADER I/DESIGNTER V ............................................. ........... 8 'ENGINEER III/DESIGNER IV ............. ............ ............................................ ....... ........ ENGINEER II/DESIGNER III/CAD OPERATOR IV ................... 0 ............................. ........ ENGINEER I/DFSIGN'ER II/CAD OPERATOR III ............... 0 ........ .................... ............... JR. ENGINEER/DESIGNER I/CAD OPERATOR II .................... .................................. ............. DRAFTER II/CAD OPERATOR I ........................................................... .......... ...........................a.........._.........................I ........................... ............ ...... ........ TECHNICAL WRITER/GRAPHICS SPECIALIST ...................................................... PROJECT ADMINISTRATOR/ENGINEERING AIDE .o ............. ­0 ....... .......... I ....... I.: ............ :.'. 45� WORD PROCaSOR/ADMINISTRA I IVE ASSISTANT............_ ................. ...... ............... Q, CAD WORKSTATION ....................... ................................................................ .......... The ab6ve rates apply. to normal design and engineering work.. The rates for special'engihi Stu r This rate schedule shall be'ir� eiffic studies;. o' special projects will be established by request ..:Deceffiber 31; 2000, at which time it will be subject to renegotiation. CAD (computer -aided design) operator's time is charged in addition to computer wor4kadol .:.:-when "equipment is furnished by RMH in locations other than RIMH's offices. 4 HOURLY RATES EFFECTIVE JANUARY 1, 2000 Engineering, Architectural Manager . Senior Engineer I, Architect I, Landscape Architect I Senior Engineer H, Architect U, Landscape Architect II Engineer I, Architect I, Landscape Architect I Engineer H, Architect E, Landscape Architect H Senior Designer I Senior Designer II Designer I Designer II Cadd Drafter Computer Work Station Construction Administrator I Construction Administrator IC Senior Environmental Scientist I Assistant Environmental Scientist Administrative Assistant Clerical Licensed Surveyor Two Person Survey Crew Auto Mileage Per mile $110.00 $90.00 $80.00 $65.00 $60.00 $65.60 $60.00 $55.00 $50.00 $40.00 $15.00 $65.00 $55.00 $110.00 $55.00 $55.00 $35.00 $80.00 $85.00 $.32 THE°SEAR-BROWN GROUP 5 current Rates Effective June 5, issis try 00) I Direct Libor Overhead Profit Fully Burdened Employee Rate 148.9% .10 (tab. & OH) Rate Mark Probst $48.525 S72.25 $12.08 $132.86 ........................ ................. ............ Brent Surnrall $38.250 S56.95 S9.52 S104.72 Richard Rotenberry $34.000 $50.63 S8.46 $93.09 Adam Manuel $28.875 $42.99 S7,19 S79.06 ....................................... ................... ....... .... Matthew Geyer $26.455 S39.39 S6,58 $72.43 ............ ............. .7 ..... 7.7.7. ...7.7'.. Barbara Born $21.732 $32.36 S5.41 S59.50 Diana Miller -Higgins $17.168 $25.56 S4.27 $47.00 ...... ........... . . . ............... I I ... I ........................ ... .. ..... ...... ........ Rafael RUIZ $15.000 $22.340 S3.73 S41.070 ............................. ........... .................... Word Processor $15.750 S23.450 S3.92 $43.120 Effective June 2000 (Annual Increase) Base salary With 4% escalation OH 148.9% Profit .10 (lab. & CHI Fully Burdened Rate Mark Probst $50.466 $75.14 S12.56 $138.17 ............. .......... .. ... .......... .......... ..... I .................... ............... .......... Brent Surnrall $39.780 S59.23 59.90 S108.91 Richard Rotenberry $35.360 $52.65 $8.80 S96.81 Adam Manuel $30.030 $44.71 $7-.47 $82.21 ............ .......................................................................................... .................................................. Matthew Geyer $27.513 S40.97 $6.85 $75.33 ............... F. .1 ..................... ................... Barbara Born $22.601 $33.65 $5.63 S61.88 Diana Miller -Higgins $17.855 $26.59 S4.44 S48.88 .............................. ** ........................ ........ . ..................... Rafael Ruiz $15.600 $23.230 $3.88 S42.710 ......... ........ Word Processor $16.380 S24.390 S4.08 S44.850 Updatea: gnitge C1S3Mara%axcei_FL%emo_nte.As T n„ricrape a&rX h recture — Sito PIat1T1i=S - Grs-alpiiirs -71912-:3 Streez - Fors <=OUirJ-% CO 80523- - 97OA-2.9125 - 3FA? 970.493.8634 2000 FEE SCHEDULE Principal: S60-75• Project Manager. S45-60 Graphic Designer: $35-50 Landscape Architect: S35-50 Draftsperson: 525-35 Clerical: $20-25 eimbursable Expenses 619 - . Paper - 24" X 360 $4.00 Paper - 30" X 42" $5.00 Mylar - 24" X 36" 38.00 Mylar - 30" X 42" $10.00 In-house Xerox copies $ .10/ copy Mileage S .311 mile Long Distance Faxes $ .25/ page Telephoto charges, postage, outside printing, Xerox copies, ocher reproduction costs, photography work, and other normal expenses are billed at cost plus ten percent. Principal ...................................... $90.00/hour Associate ...................................... $70.00/hour Senior Engineer .................................. % 0.00/hour Junior. Rngineer................................ $50.00/hour CAD Operator ................................... $40.00/hour Clerical.. ..................... ......... $25.00/hour 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: Vaught -Frye Architects 401 West Mountain Ave. Suite 200 Fort Collins, CO 80521 2604 City: James B. O'Neill ll, CPPO Director of Purchasing and Risk Management City of Fort Collins 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 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 $250,000. 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 Three PSA 10/97 2 Thousand Four Hundred Seven Dollars, ($103,407.00) plus reimbursable direct costs, as set forth in Exhibit "C", attached hereto consisting of seven (7) pages, and incorporated herein by this reference. All such fees and costs shall not exceed One Hundred Thirteen Thousand Four Hundred Seven Dollars ($113,407.00). The parties acknowledge that RNF Consultants, Inc., RMH Group, Inc., The Sear Brown Group, PB Transit and Rail Systems, Inc., and Vignette Studios are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. 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 PSA 10/97 3 reproduction plus CAD discs. 9. Monthly Repo. 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 party'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 OFF FORT COLLINS, /C� OLORADO By: a Joh . Fischbach City Manager By: a"- Z— VapAes B. O'Neill II, CPPO Direct f Purchasing & Risk Management DATE: 3�Zpa� )ESClerk A� p_ED AS TO FORM: AssistantCity Attorney VA GHT- RYE AaHITEC INC. By: Title: ?w . V CORPORATE PRESIDENT OR VICE PRESIDENT Date: ( - 1 I - 00 (Corporate Sea]) PSA 10/97 EXHIBIT "A" SCOPE OF WORK General The City of Fort Collins intends to complete the construction of a new Sand/Salt Storage and Operations Facility on a piece of property, located adjacent to the existing Streets Department storage yard, on North Lemay Avenue (625 Ninth Street). This piece of property is designated as Lot 4B. This proposal is based on previously completed Design Development Phase documents dated November, 1998, and August 1999, and contains the fees for 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 Administration services. It also contains fees for the specialty consulting firm of PB Transit and Rail Systems, Inc., of Houston, Texas, for the Sand/Salt Storage Structure, and all the required conveyor and process machinery necessary for a fully functional facility. Specifics: 1) The construction cost of the project is estimated at $1,352,000.00 2) Complete the Design Services for Lot 4B, a piece of property consisting of approximately 4 acres, bounded on the north by the C & S Railroad, on the east by the Streets Facility Storage Yard, on the south by an existing asphalt service drive, and on the west by Lot 4A, currently under development by the Colorado Department of Transportation (CDOT). 3) The following items will be included in the Design Services: a) A Sand/Salt Storage Structure, capable of holding 8,000 tons of Ice Slicer product, and 1,000 tons of Sand/Salt mixture. The building will be serviced by automated conveyor systems for the loading and unloading of vehicles, and the interior distribution of product. Large overhead doors will be located at the east and west ends of the building b) Liquid Storage Tanks: These will consist of (3) 20,000 gallon tanks, for the storage of a product called Caliber M-1000, and (1) 5,000 gallon tank, for a product called CF-7. c) A Restroom/Break Building: This building will consist of a small Breakroom, with adjacent Toilet and Vending Area. Also included will be separate spaces for Electrical Equipment, and Computer and Telecommunications Equipment. d) The entire lot will be paved with asphalt, capable of supporting tractor/trailer vehicles and fully -loaded dump trucks. The areas on either side of the Sand/Salt Structure will be paved with concrete, to offer a more durable, maintenance -free surface for truck loading and unloading operations. e) Completion of Site Grading, Drainage and Utility connections for a complete, functional facility. Construction staking for the overlot grading is included. Remaining surveying will be control stacking for the Contractor and City. f) All Mechanical and Electrical services required for a complete and functional facility. PSA 10/97 1 g) Relocation of the existing automatic entrance gate, on the west side of the current Streets Facility Storage Yard, to the west side of Lot 4A. This will require coordination with the existing Simplex System, which services the Streets Facility. h) Design, performance specifications and cost estimates for the Sand/Salt Storage Structure, and all associated machinery, for a fully functional facility, to be provided by PB Transit and Rail Systems, Inc. i) Landscaping along the north and south sides of the site; no irrigation system required. 4) The following items have been deleted from the original scope of work: a) The small, stand-alone Salt Building, shown on the east side of the site. b) The concrete slab, designated for plow blades, on the north side of the site. 5) The Owner will provide for the following: a) Site demolition of existing concrete footings, foundations and slabs. — complete b) Rough overlot grading for Lot 4B. — complete DESIGN SERVICES Construction Documents Phase: We will prepare the working drawings and specifications for the construction of the project. 2. Bidding or Negotiation Phase: We will assist the Owner evaluating bids and issuing clarifications. 3. 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 request for work completed to date. PSA 10/97 2 EXHIBIT " B" MILESTONE SCHEDULE SAND/SALT FACILITY Issued: June 13, 2000 1) Notice to Proceed for Design 2) Complete Final Design 3) Complete City Review 4) Out to Bid 5) Receive Bids 6) Notice to Proceed for Construction 7) Complete Construction * June 19, 2000 September 1,2000 September 15, 2000 October 6, 2000 October 26, 2000 December 4, 2000 June 1, 2001 * Streets Department personnel will complete the paving the Summer of 2001 PSA 10/97