HomeMy WebLinkAbout451193 BURGEON GROUP - CONTRACT - AGREEMENT MISC - 8856850PROFESSIONAL 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 Burgeon Group LLC, hereinafter referred to as "Professional'.
W ITNESSETH:
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 "C", 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 on October 31, 2008 following execution of this
Agreement. Services shall be completed no later than March 27, 2009. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in a writing signed by the
parties.
4. Contract Period. This Agreement shall commence October 31, 2008 and shall
continue in full force and effect until March 27, 2009, unless sooner terminated as herein provided.
5. 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.
Standard Professional Services Agreement- rev07/08
EXHIBIT B
PROJECT BUD
1 Estimated Square Feet:
400
2 Estimated Budget/Square Feet:
250
3 Project Budget, not to exceed:
100,000
Proposal Budget
4 Educational/Design Fee (See Attachment C: Schedule)
a Programming
6,770
b Concept Design
10,778
c Schematic Design
10,103 T
d Subtotal, Educational/Design Fee
27,650
5 Fabrication Budget (includes contingency)
a Detailed budget options provided at Schematic
b Sample fee schedule for interactive elements can be provided.
Fabrication budget is inclusive of all fees and costs, and can include the following:
c all materials, fabrication, and warranties including hardware and software
d signage, if specified in the design process
e licensed review fees - see admin fees above
f Shop overhead fees
g prototyping fees, if required
h travel for client or vendor site visits, if required (see travel below)
i Employment and business taxes. Sales taxes are noted below.
i liability insurance at levels identified in draft contract.
k Shop rate currently $85/hour
I Materials mark up currently 35% - 50% for stock/non-stock materials.
51,800 T
6 Crating/Shipping Allowance
5,900
7 Allowance for Installation of Items
7,800
8 Allowance for one of following alternates:
2,250
a Allowance for presentations 1,500
b Community Imagining Sessions 2,250
c Pocket Treasure Hunt 340
9 Total Fabrication Budget
67,750
10 Reimbursables (not to exceed, see attached):
Travel (see attached)
3,205
Printing/Materials (includes pocket treasure flyer)
1,395
Long Distance
0
Subtotal, Reimbursables:
4,600
11 Total Proposed Project:
100,000
12 Taxes (Please confirm special taxing district does not owe taxes)
a State of Colorado (2.9%) 0
1,795
b Count Tax (.8%)
495
c City of Fort Collins Tax (3%)
1,857
Subtotal, Taxes
0
13 Total Project:
$
100,000
Page 1 of 2
Travel to Fort
Collins -
2 day
Average Overnight trip
Cost
Airfare - Phoenix to Denver
225
225
225
Hotel
122
122
244
Car/Gas
78
78
156
Per Diem
45
45
90
Subtotal - Travel per trip
470
715
Trip 1 -
Programming
Trip 2 - Conceptual Design
Trip 3 - Schematic
Trip 4 - Optional Trip/Presentation
Total
Grand Total
2nd
Staffer
225
45
270
715
270
470
270
470
270
470
270
$ 2,125 $ 1,080
$ 3,205
Hours
12
12
12
12
Page 2 of 2
Exhibit C
Work Schedule
Attachment C - Timeline for Fort Collins
14mw
N
N mm,
_,V
V�
"S
Start:
Sion Contract
lobasa,
'Proararnminat
Goal set I Una
1.1
Review Prol,minary materials requested (plans, reports, meeting minutes)
week 1
6
4
1.2
a
Pre Visit: Send list of questions/agendas for comment
week 2
1
2
1
to
Return list of questions/agendas for comments
week 2
1.3
—
Kick Off Meetingwith Library on site - 1.5 days
week 2-3
18
—18
6
a
Visit site. tour area, observe O.istinq services
week 2-3
b
Meet with Design Team members (interiors/architecture)
week 2-3
o
Tour other children's opportunities to avoid duplication
dL
Brainstorming with Clients - Thematic Framework - design charette (2 meetings)
week 2-3
.a
Draft Sample Goals for Interactive Learning Spaces
week 3
11
11
r,
I Review/Approve and Res and to Sampfe Goals
week 3
144
Prepare Programming Summary
week 3
1
6
21
1.5
Review/Comment/Approve Programming Summary
week 4
1
01
Subtotal Hours
27
1
26
41
91
54
Subtotal Cost
4050
75
1952
380
315
6770
Phass,2:
Conte
olualDeslar,
2A
Conduct Researclulgather images and content on thematic framework
week 3
8
10
2.2
Prepare Initial Concepts Sketch Submittial
week 4
16
6
15
1 4
—
Review/Comment on concept sketches
week 5
Potential Site Visit
10
23
Submit Conceptual Plan
week 6
1 12,
41
8
1.5
Review/Comment an Conceptual Plan
week 7
Subtotal: Conceptual Oesign
TE
10
10
23
0
5.5
U
6900
750
75C
2185
0
192.5
10.778
Fbase&,
Schematic
Desian
3.1
PreareInitial Schematic Dev2n Proposal
week 8-10
5
E
302
Develoe Plan/Sketches - Base Framework
week 7-10
18
18
303
Develop activity/educational content
week 8-12
12
304
Draft Budget
week 8-10
15
Potential Site Visit
ic
Comment on Initial Schematic Design
week 7-10
3,5
AGtivi tieaaLAEakix
week 12
0
01
3.6
Submit Final Schematic Design
week 13
4,5
15
0
2
Review/Comment on Schematic Design
weekl4
—
Subtotal: Schematic Desi n
37.5
12
23,5
18
0
3
94
5625
900
1763
1710,
01
1051
10.103
Phase 44
FAbdbafton
Processmonths
2.3
4.1
jProvide
Fabrication Team Qualifications
week 14
4.2
Provide Fabrication Schedule
week 14
43
Final Materials/Color Selection Board
week 16
4A
Final SiQcaae[Written Content
week 20
—4.5
Administer Fabrication Process
week 26
4,6
Provide PhotoNVork Updates
weekly
Subtotal. Fabrication Adminsbation
NA
Phase 5:
Allowance
for AdtismateTasks , , :, I I 1 1, 1 1 11 1 1 1
1
_5A
Lto 10 hours for any of the following services billable for an hourly fee:
10
lPresentations
to Boards/Commissions
I
Incorporation of donor recognition in design
PowerPresentation
w'1211tt l2fnf,.�,bn
fto
Provide up to fto conduct an on -site community imagining session for the
uic -materialsare reflected in reimbursables
15
6,3
Irevise
Providea for Pocket Treasure Community Input Process - brochures are
at It reimbursable
reflected the unt, able section of the proposal) - reuse existing esign - u
ft d, -but
to make it Fort Collins Public Library with new district logo
01
Subtotal:
25
�O4090
1
37501
0;
0
0
340
Page 1
EXHIBIT D
INSURANCE REQUIREMENTS
1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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.
Page 1
EXHIBIT E
SPECIAL PROVISIONS
1. Changes
A. The Professional shall execute the Interactive Literacy Center Artwork (hereafter referred to
as ARTWORK) in accordance with the design approved by the CITY. Any change in the
scope, design, or material of the proposed ARTWORK, or any change that will alter the
ARTWORK visually shall require prior review and approval of the CITY.
B. Proposals and decisions affecting the site of the ARTWORK shall be promptly submitted by
the CITY to the Professional.
2. Ownership of Documents and Models
A. Drawings, specifications, and models of the ARTWORK, or which relate to the ARTWORK,
including all preliminary studies, shall be the property of the Professional following
completion of the ARTWORK under this AGREEMENT. Professional will provide applicable
drawings and specifications to CITY for necessary maintenance and repair.
B. However, all of these items, mentioned in the immediately preceding paragraph, shall
become and remain the property of the CITY should this AGREEMENT be terminated bythe
CITY for fault on the part of the Professional or because of the Professional's disability or
death.
C. TERMS OF COPYRIGHT USAGE: License is granted for display of ARTWORK in Fort
Collins Regional Library District. License is granted for CITY to create and publish derivative
artworks, such as photographs and digital images, for the sole purpose of publicity. No
revenue may be generated from the generation, sale or publication of such artworks.
Professional retains all other copyrights to derivative artwork.
Reservation of Rights: All rights not expressly granted above are retained by
Professional or its principals, including any electronic rights or usage, including
any derivative artwork or images, including all rights to media ortechnologies not
yet in general use, and including but not limited to, all rights in sketches,
prototypes or other preliminary materials. Any use additional to that expressly
granted above requires prior written arrangement and possible payment of an
additional fee. Professional similarly reserves all rights to any drawings, models,
specifications, or other contributory works.
2. Credits and Copies: A credit line suitable for the presentation of ARTWORK or
licensed derivative artwork shall be used. CITY will make no copies of the
ARTWORK. CITY agrees to provide copies of any derivative artwork to the
Professional.
Transferability: License may only be transferred as required for continued
display in the artwork's designated library setting. Transferee must accept all
terms of copyright usage in this AGREEMENT.
Page 1 of 2
D. TRADEMARKS: ARTWORK or descriptive materials may contain trademarks, for example
LibrainiumTM, owned by the Professional. CITY agrees to maintain proper trademark
notification anywhere Professional's trademarks appear.
3. Review of ARTWORK in Progress
A. The CITY, or its representative, shall have the right at reasonable times to review the
ARTWORK and progress of the ARTWORK upon request. Authorized representatives of
the CITY may review the ARTWORK at its location.
4. Insurance
A. The risk of damage to or loss of the ARTWORK during development and through delivery
shall be solely that of the Professional. This risk shall transfer to the CITY only upon delivery
of the artwork. The Professional may provide a policy of insurance, covering all risks and
hazards against any damage to or loss of the ARTWORK while it is being made and
delivered. After delivery, the CITY being the party most able to ensure the ARTWORK is
protected, risk of damage or loss, other than due to the actions or negligence of
Professional, shall be solely that of the CITY.
B. Insurance coverage is not required during the design phase of this contract or while the
Professional is completing work on the project in his/her studio. Prior to the initiation of any
on -site design activities or fabrication, the Professional and/or his/her sub -contractors shall
purchase and maintain for the duration of any on -site design activities or fabrication,
insurance against claims for injuries to persons or damages to property which may arise
from, or in connection with, the performance of work done by the Professional, his/her
agents, representatives, employees, and/or sub -contractors.
5. Warranty
A. The Professional shall grant a warranty period of two (2) year(s) from the date ARTWORK is
open to the public, provided that the ARTWORK is stored in a climate controlled as for
public occupancy, for Professional to repair/replace the ARTWORK due to defect of
materials, and/or workmanship failure.
Page 2 of 2
All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Professional:
Burgeon Group, LLC
Attn: Kim van der Veen
707 W. Buchanan Street
Phoenix, AZ 85007
Ph: 602-451-7285
City of Fort Collins
Attn: Purchasing
P.O. Box 580
Fort Collins, CO 80522
With Copy to:
Fort Collins Regional Library
District
Attn: Ken Draves
201 Peterson Street
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.
6. 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 $
7. 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 -
Thousand -Dollars ($100,000.00) plus reimbursable direct costs. All such fees and costs shall not
exceed One -Hundred -Thousand -Dollars ($100,000.00) with twenty-five (25%) percent ($25,000)
due with a signed Agreement, twenty-five (25%) percent ($25,000) due at the start of the fabrication
Standard Professional Services Agreement- rev07/08
2
process, and final payment due upon completion of installation, in accordance with the Project
Budget attached hereto as Exhibit "B", consisting of two (2) pages, and incorporated herein by this
reference. 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.
8. 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.
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
Standard Professional Services Agreement- rev07/08
3
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. 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.
Standard Professional Services Agreement- rev07/08
4
17. Prohibition Against Employing Illegal Aliens. Prohibition Against Employing Illegal
Aliens. Pursuant to Section 8-17.5-101, C.R.S., at. seq., Professional represents and agrees
that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional 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. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
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 Professional
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.
Standard Professional Services Agreement- rev07/08
e. Professional 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.
f. If Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "E", consisting of two (2) pages,
attached hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev07108
6
THE CITY OF FORT COLLINS, COLORADO
s� B
�i •°°°°°° e' am s B. O'Neill II, CPPO, FNIGP
Directo(o urchasing &Risk Management
•
Management
a� U) l DATE:
City Clerk
APPRQ AS TO F _
Assis nt City ttor y
Burgeon Group, LLC (n /
By. �4AyM
Title: TmtoImf
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: l 6' 31- 0 0
ATT
WSecretary
10;141(Corporate Seal)
Corp
Standard Professional Services Agreement- rev07/08
EXHIBIT A
SCOPE OF SERVICES
The work under this Agreement is to design, fabricate, and complete the Interactive Literacy Center
Artwork (here after referred to as ARTWORK) as described below.
General:
1. Attend a minimum of 2 and up to 4 on -site meetings with clients at key milestones during
the project:
a. Kickoff/Program Development Phase
b. Concept Sketch Proposals
c. Concept Design Presentation
d. Schematic Design Presentation
Phase 1: Program
2. Provide an Armchair overview of existing early literacy centers in libraries and an
understanding of best practices and varying goals/objectives.
3. Develop Sample Project Goals for Client review, amendment, and approval.
4. Conduct and summarize a programmatic/kickoff brainstorming process to identify
functional goals, activity elements, and possible thematic framework for the interactive
library learning environment.
5. Gain a working understanding and knowledge of the architectural intent of the building,
along with a working knowledge of the space and finishes by reviewing drawings and
meeting with relevant design team members.
Phase 2: Conceptual Design
6. Provide a minimum of 2 alternate concept sketches for client review and comment.
7. Provide one complete conceptual plan with general floorplan, summary of research,
sample elevations, sample interactive content, and sample materials.
Phase 3: Schematic Design
8. Provide Interim Schematic Design proposal including plan layout, character sketches,
activity and educational content, initial material/color selection boards, and draft budget.
9. Provide a Final Schematic Design Report including all items listed above, and including
detailed budget, final material/color selection panel, , and
sample signage content.
Phase 4: Fabrication
10. Administer the fabrication and shipping of materials listed in the schematic design
process. Provide qualifications and/or sample materials of outside firms selected for the
fabrication phase before initiating fabrication.
11. Provide, as fabrication progresses, final material/color selection boards, samples, final
signage content for review/approval, and any prototypes as noted in the schematic
design process.
12. Provide regular updates on the status of fabrication, including photo reviews, GNATT
charts, and possible site visits.
13. Determine installation options and/or installation instructions.
14. Fabrication Oversight
15. Crating and shipping of elements
16. Uncrating and assembly of elements to install in the space.
Page 1 of 2
Alternate Scope of Services Options
17. Provide up to 20 hours of consulting time for additional services such as PowerPoint
presentations, board presentations, private tours of existing projects, or other design
services. In the event that this time is not required, these funds will fall to the fabrication
phase of the project. (NIC in proposed budget)
18. Provide up to 15 hours of consulting, including an on -site visit, to conduct a community or
group input process for the proposed center. (Included in proposed budget)
19. Provide publicity materials (1,000 tri fold color brochures, sample newsletter article, and
sample press release for the Library system to send out) and a process for the public to
gather pocket treasures to incorporate in the final installation. (Included in proposed
budget)
Page 2 of 2