HomeMy WebLinkAbout467727 DRAHOTA COMMERCIAL LLC - CONTRACT - RFP - P1123 GENERAL CONTRACTOR FOR FIRE STATION EXPANSION AND RENOVATION PROJECTSERVICES AGREEMENT
WORK ORDER TYPE
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, Acting on Behalf of the
Poudre Fire Authority, hereinafter referred to as the "City" and Drahota Commercial, LLC
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hereinafter referred to as "Service Provider". e>e 6Dn4 ra A �
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for services
for P1123 Poudre Fire Authority Fire Station Expansion and Renovation Projects. The
conditions set forth herein shall apply to all services performed by the Service Provider on
behalf of the City and particularly described in Work Orders agreed upon in writing by the
parties from time to time. Such Work Orders, a sample of which is attached hereto as
Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall
include a description of the services to be performed, the location and time for
performance, the amount of payment, any materials to be supplied by the City and any
other special circumstances relating to the performance of services. The only services
authorized under this agreement are those which are performed after receipt of such Work
Order, except in emergency circumstances where oral work requests may be issued. Oral
requests for emergency actions will be confirmed by issuance of a written Work Order
within two (2) working days.
b. The City may, at any time during the term of a particular Work Order and without
invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
STD WO SA WO rev06/07
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
Drahota Commercial, LLC
DATED: July 1, 2008
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description: .
Scope of Services:
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
Professional
By:
Date:
STD WO SA WO rev06/07 10
User Acceptance
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid,
the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class
of operations covered, effective dates and date of expiration of policies, and containing substantially the
following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider
shall maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required
by Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each
employee.
B. Commercial General & Vehicle Liability. The Service Provider shall
maintain during the life of this Agreement such commercial general liability and
automobile liability insurance as will provide coverage for damage claims of
personal injury, including accidental death, as well as for claims for property
damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form"
basis. The amount of insurance for each coverage, Commercial General and
Vehicle, shall not be less than $500,000 combined single limits for bodily injury
and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
STD WO SA WO rev06/07 11
EXHIBIT C
DESIGN PHASE COST AND CONSTRUCTION COST FACTORS
STD WO SA WO rev06/07 12
POUDRE FIRE AUTHORITY FIRE STATION EXPANSION AND RENOVATION PROJECTS -FORT COLLINS, CO
Labor Rates
Laborers
$35.00 Per Hour
Carpenters
$44.00 Per Hour
Superintendent
$70.00 Per Hour
Assistant Superintendent
$52.00 Per Hour
Project Manager
$80.00 Per Hour
Project Director
$95.00 Per Hour
Assistant Project Manager/Project Engineer
$52.00 Per Hour
Project Coordinator
$35.00 Per Hour
Project Secretary
$31.00/Per Hour
Accountant
$70.00 Per Hour
Accountant Assistant
$30.00 Per Hour
Chief Estimator
$80.00 Per Hour
Senior Estimator
$60.00 Per Hour
Level I Estimator
$56.00 Per Hour
Preconstruction Phase Fee
Please refer to the estimates enclosed in this section for preconstruction fees for the
future Poudre Fire Authority projects.
Construction Phase Fee
For the performance of the construction phase of these projects, a fee of 15% is
proposed for projects up to $25,000; projects from $25,000 to $100,000 we propose
10%; and jobs over $100,000 we propose 4.00% (overhead and profit). The contract
amount shall be paid proportionately to the ratio of the monthly payment for the
cost of the project. Any balance of the construction phase fee shall be paid at the
time of final payment.
Home Office Overhead Costs
All of Drahota's home office overhead costs are included in our fee. This includes
wages for our project manager, COO, CEO, project coordinators and
accounting.
Change Orders
For both projects we propose a 6% fee for additive change orders and 0% for
deductive change orders.
In
4700 Innovation Drive, Building(
POUDRE FIRE AUTHORITY FIRE STATION EXPANSION AND RENOVATION PROJECTS -FORT COLLINS, CO
Labor Rates
Laborers
$35.00 Per Hour
Carpenters
$44.00 Per Hour
Superintendent
$70.00 Per Hour
Assistant Superintendent
$52.00 Per Hour
Project Manager
$80.00 Per Hour
Project Director
$95.00 Per Hour
Assistant Project Manager/Project Engineer
$52.00 Per Hour
Project Coordinator
$35.00 Per Hour
Project Secretary
$31.00/Per Hour
Accountant
$70.00 Per Hour
Accountant Assistant
$30.00 Per Hour
Chief Estimator
$80.00 Per Hour
Senior Estimator
$60.00 Per Hour
Level I Estimator
$56.00 Per Hour
Preconstruction Phase Fee
Please refer to the estimates enclosed in this section for preconstruction fees for the
future Poudre Fire Authority projects.
Construction Phase Fee
For the performance of the construction phase of these projects, a fee of 15% is
proposed for projects up to $25,000; projects from $25,000 to $100,000 we propose
10%; and jobs over $100,000 we propose 4.00% (overhead and profit). The contract
amount shall be paid proportionately to the ratio of the monthly payment for the
cost of the project. Any balance of the construction phase fee shall be paid at the
time of final payment.
Home Office Overhead Costs
All of Drahota's home office overhead costs are included in our fee. This includes
wages for our project manager, COO, CEO, project coordinators and
accounting.
Change Orders
For both projects we propose a 6% fee for additive change orders and 0% for
deductive change orders.
In
4700 Innovation Drive, Building(
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Exhibit D
P1123 General Contractor for Fire Station Expansion
and Renovation Projects
PROJECT REQUIREMENTS
A formal Partnering Session will be held with the selected contractor, PFA team members and
Belford -Watkins Architects as soon as the selection process is completed.
During the design phase(s), the contractor will be part of the design team with PFA and Belford -
Watkins Architects, participating in the final design effort by assisting in the following areas:
• Review of designs for constructability
• Estimating costs of different alternatives and components
• Providing opinions and recommendations on suitable methods and approaches to
accomplishing the work
• Offer value engineering suggestions to accomplish the desired objectives in the most
cost-effective manner possible.
• Provide on -going cost status of the project to the design team as the project proceeds.
The contractor is required to commit key staff members to assist the project team by attending
regularly scheduled project meetings and preparing information or responses to issues in
advance of meetings. Normally, attendance will be required by the contractor's project manager
and superintendent. In the event key technical functions are subcontracted, the subcontractor
shall assist the general contractor firm in fulfilling its responsibilities under the agreement during
the design phase(s), including participation in design discussions.
The PFA staff works very closely with the Architect/Engineer (Belford -Watkins Architects) and
the contractor on a day to day basis as part of a tem during design and construction of projects.
Traditional adversarial roles are not an acceptable way of doing business. You are encouraged
to call or visit to discuss further or to ask any questions that you have about the process.
The Poudre Fire Authority utilizes the services of a general contractor on an as needed basis.
The type and complexity of the work varies, dependent upon the specific needs of he PFA at
any given time. Several projects including a facilities warehouse structure, additional fire
stations, significant remodels and additions to existing fire stations, and the replacement of the
burn building are all possible during the terms of any agreement.
Currently some of these projects have approval.
• Prototype Fire Stations (Stations 12 & 14) --—10,500 sq foot fire stations with living
quarters, apparatus bays, community rooms, offices and support areas, typically located
1 to 1.5 acre sites. 2 of these facilities completed in last 6 years.
STD WO SA WO rev06/07 13
Training Center Facilities -- 20,000 sq. ft. storage, warehouse and office facility for
training staff.
Live Fire Training building — Significant repairs to this structure to extend its useful life.
• Flag Poles — The installation of Flag Poles at several facilities.
The list of projects is not exhaustive of the projects completed under the current agreement and
is no guarantee of similar projects in the future. Most of these projects were completed using a
team approach with the Authorities design firm, however some projects were strictly design
build by the contractor and others a combination of design build and design team approaches.
The selected contractor may be retained for multiple phases of the work over the next five (5)
years. The City of Fort Collins may utilize the selected contract for similar projects required in
the next five (5) years, but not specifically listed.
STD WO SA WO rev06/07 14
2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
4. Contract Period. This Agreement shall commence July 1, 2008 and shall
continue in full force and effect until June 30, 2009, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
Written notice of renewal shall be provided to the Service Provider and mailed no later than 90
days prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
6. Early Termination by City/Notices. 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 Service Provider. Such notice shall be mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
STD WO SA WO rev06/07 2
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
City
Service Provider
City of Fort Collins Drahota Commercial, LLC
Attn: Purchasing Attn: Terry Drahota
PO Box 580 PO Box 272269
Fort Collins, CO 80522 4700 Innovation Drive Bld C
Fort Collins ,CO 80527
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the termination date, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders
and in accordance to Exhibit C consisting of five (5) pages and incorporated herein by this
reference. The City makes no guarantee as to the number of Work Orders that may be issued
or the actual amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "C",
consisting of five (5) pages, and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and upon the
Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and
materials, and other costs incurred in connection with the performance of such work.
STD WO SA WO rev06/07 3
9. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
be directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extend that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
11. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
12, Acceptance Not Waiver. 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 under the
Agreement or of any cause of action arising out of the performance of this Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
c. Service Provider warrants all equipment, materials, labor and other work, provided under
STD WO SA WO rev06/07 4
this Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were furnished or
performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected item or part
thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a
time acceptable to City.
14. 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 thereof.
15. 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.
16. 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 representative, successors and assigns of said parties.
17. Indemnity/Insurance.
STD WO SA WO rev06/07 5
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or liability
of any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit "B", consisting of
one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, P. 0. Box 580, Fort Collins, Colorado 80522 one copy of
a certificate evidencing the insurance coverage required from an insurance company
acceptable to the city.
18. Entire Agreement, This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
STD WO SA WO rev06/07 6
19. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. 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.
20, Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien;
WO
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the 'Basic
Pilot Program") in order to confirm the employment eligibility of all newly hired
employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
STD WO SA WO rev06/07 7
pre -employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Contractor shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
f. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
STD WO SA WO rev06/07
C.R.S.
The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Special Provisions. Special provisions, scope of work or conditions relating to
the services to be performed pursuant to this Agreement are set forth in Exhibit D, consisting of
two (2) page[s], attached hereto and incorporated herein by this reference.
POUPRE FIRE AUTHORITY THE POUDRE FIRE AUTHORITY ACTING
BOAR? -OF DIRECTORS THROUGH ITS AGENT
- =+ CITY OF FORT COLLINS, COLORADO
a municipal Corporation
City
Poppaw, Chair
"Op•PO/�T James B. O'Neill Il, CPPO
Director.'of Purchasing and Risk Management
;v> a
• Date: � � •� `-' �
AS
Drahota Commercial, LLC
By:_._..._.
Print Name
Title nl\
Corporate President or Vice President
Date:
ATTEST—"��-
-� (Corporate Seal)
Corporate Secretary
STD WO SA WO rev06/07 9