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HomeMy WebLinkAbout101882 VAUGHT FRYE - CONTRACT - CONTRACT - 25932PROFESSIONAL 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, 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 three (3) 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 three (3) pages, 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 April 28, 2006. 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: Professional Services Agreement —January, 2005 1 Professional: City: With Copy to: Vaught Frye Architects City of Fort Collins, Purchasing City of Fort Collins, PMPD 401 W. Mountain Ave Ste 200 PO Box 580 Attn: Ron Kechter Fort Collins, CO 80521 Fort Collins, CO 80522 117 N. Mason Fort Collins, CO 80524 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 1,000,000. 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 Thirty Six Thousand Four Hundred Fifty Dollars ($36,450) plus reimbursable direct costs. 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 Professional Services Agreement —January, 2005 2 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. Proiect 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. 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 Professional Services Agreement —January, 2005 3 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. 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. Bindina 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, Professional Services Agreement --January, 2005 4 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:G 1(,))V � Aq P" s B. O'Neill ll, CPPO, FNIGP Director Purchasing & Risk Management DATE: t13 CORPORATE PRESIDENT OR VICE PRESIDENT Date: O% Professional Services Agreement —January, 2005 b7 (Corporate Seal) VAN#NT•fRYE ARCHITECTS January 17, 2006 City of Fort Collins Facilities Division Attn: Ron Kechter P.O. Box 580 Fort Collins, Colorado 80522 RE: Sand and Salt Garage Conversion Dear Ron, Vaught*Frye Architects (Architect) has prepared this proposed contract to provide architectural design services for Sand and Salt Garage Conversion to be located at the City of Fort Collins Streets Facility. The City of Fort Collins shall from herein be referred to as the Client. Scone of Servi Based on discussions with the Client Representative we currently understand the project to be providing design services (architectural, structural, mechanical/plumbing and electrical) and drawings as necessary to convert the existing 15,000 s.f. +/- Sand/Salt building to a garage for parking of City vehicles and equipment. The building will be used for parking only. No repair work will be done in this facility. No Project Manual will be included. Notes will be provided on drawings as needed to specify materials. Scope of Work shall include: 1. Replace existing roofing and coping 2. Repair/repoint existing exterior brick walls that have been damaged by weathering and/or exposure to salt. 3. Infill existing openings that will no longer be used.in the new configuration. 4. Provide new openings in existing walls to allow drive-thru operations and personnel doors as needed. 5. Reglaze existing windows. 6. Provide new sprinkler system 7. Provide new gas fired radiant heating system and new exhaust system. 8. New electrical system as necessary to power mechanical equipment and convenience outlets. 9. New interior lighting. Re -use existing exterior wall mounted lights. 10. Additional exterior lights at personnel doors as required by code. Excluded work: 1. No Civil or site work. No new paving. No new site lighting other than lighting mounted on the building. 2. No work to utilities except as needed to make new connections to existing electrical, gas and water service. 3. No work to existing concrete floor sIab: If slab is found to be deteriorated, the intent is that the city will cover it with a layer of asphalt separately from the scope of this Work 4. No work to or within existing metal "shed" building attached to the north side of this building. 4ot `hest Mountain Avenue - Suite aoo - Fort Collins, CO Sa52i fax 9I0/224.i66a - phone 970/224.1191 - www.vaughtfrye.com Contact Proposal # XXXX dated xx-xx-04 — Page 1 City of Fort Collins Sand and Salt Garage Conversion January 17, 2006 Page 2 5. No Planning documents or review (Planning submittals, if necessary will be handled by Ron Kechter). 6. No Landmark Preservation Commission review. (LPC review, if necessary will be handled by Ron Kechter). 7. No Landscape Design services. Fees Our fee shall be billed hourly not to exceed at the attached billing rates. Hourly not to exceed amounts are as follows: Architectural $ 21,000.00 Structural $ 8,500.00 Mechanical/Plumbing $ 3,950.00 Electrical $ 3,000.00 Total $36,450.00 Additional Services While we have made a conscientious effort to make the Scope of Service as complete as possible, changing or unforeseen conditions may necessitate additional work. This work will not be undertaken until we have your written authorization to proceed. Additional services requested by the Client that are not in the Scope of Services will be provided on an hourly basis using the following billing rates plus reimbursable expenses. Principal $ 145.00/Hour Associate / Project Manager $ 110.00/Hour Project Architect III $ 90.00/Hour Project Architect II $ 85.00/Hour Project Architect I $ 80.00/Hour Interior Designer 11 $ 70.00/Hour Interior Designer I $ 60.00/Hour Design Technician IV $ 70.00/Hour Design Technician II $ 65.00/Hour Design Technician II $ 60.00/Hour Design Technician I $ 55.00/Hour Intern $. 45.00/Hour Secretarial $ 40.00/Hour Billing rates may be adjusted annually. Additional services of consultants shall be billed at cost plus 15 percent. Reimbursable Expenses In addition to our basic fee we will invoice for the following reimbursable expenses at cost plus 15%. Reimbursable expenses include but are not necessarily limited to expense of reproductions (including bid documents) and mylar/bond/color plots; postage and handling of drawings, specifications and other documents; models, photographs, and special renderings; expense of transportation and out of town travel; Long-distance communications; and fees paid for securing approval of authorities having jurisdiction over project. City of Fort Collins Sand and Salt Garage Conversion January 17, 2006 Page 3 Please sign and return the enclosed copy of this contract to us for our files. This proposal is valid for a period of 30 days, at which time it is subject to review and possible revision. If you have any questions please feel free to contact us. We appreciate this opportunity to present this proposal and Iook forward to working with you. Respectfully, Vaught* rryerchitects Approved By: Vaught Frye Architects, P.C. Approved and Acceptedthis day of 20 By: Title: PLEASE SIGN AND RETURN ONE COPY. NOTE: This proposed contract shall become binding, subject to the terms and conditions herein, when accepted by the Client through written or verbal acknowledgment, commencement of the work, furnishing of any documents, payments for services by Client or acceptance of payment by Architect.