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HomeMy WebLinkAbout4511+4 AARON COHEN ASSOCIATES - CONTRACT - RFP - P1142 LIBRARY FACILITIES MASTER PLANPROFESSIONAL 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, on behalf of the Fort Collins Regional Library District (District), hereinafter referred to as the "City" and Aaron Cohen Associates LTD, 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. Contract Period. This Agreement shall commence November 17, 2008 and shall continue in full force and effect until June 30, 2009, unless sooner terminated as herein provided. 3. 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: City: With Copy to: Aaron Cohen Associates LTD City of Fort Collins, Purchasing Fort Collins Regional Attn: Aaron Cohen, A.I.A. PO Box 580 Library District 159 Teatown Road Fort Collins, CO 80522 Attn: Jeff Barnes Croton -on -Hudson, NY 10520 PO Box 580 Fort Collins, CO 80522 Seter & Vander Wall, P.C. 7400 E. Orchard Rd, Ste 3300 Greenwood Villa.. CO 80111 Standard Professional Services Agreement- rev07/0 1 EXHIBIT B Fee Schedule FEE SUMMARY WORK SESSIONS Al -- 5 Tw al .^,nr e;ultant Team Fee ferr'Aork Sessions n1 - 5 827,100 Allodvance for r;o_-to-excee<s exper'ses 2 <� aU TOTAL FFE $ 30,000 The ter -.idijdes Dille 1 j anrhshrn and arts (1) op-n forum. If the 2-c-ope of Jvork s rr r-J;fri, the 'ae will be adjusted. The foo c>)vers: 48 Cor'sm ltant )curs on vile cDneultartsl Alex Cchen and Aarvi Cohen 190 Consultant office ho,us Aaron C:oho.n Associates.1, YD toam Hourly cars -site r, f€ 5 $1 Q fcr CO - .acts 15u'.Sani. Hourly office: rite is $100. DETAII-M FEE BREAKDOWN ,nllstljtAw rev% WORK SUSIONq Nam! Sile S-b Cxgacn c I 0'r A L i ALL 1-In'siw (Ifilsite Offic 0 oflioc Mast llokjr* Foe I I u u I rac Tol j:!; COOT, OP 4YyrPSo. ss I Do, I K, fj D NFIBiva rla-SkJ mm $ . ........ . 2'rUll 1 1 elm 4 5 7;.il �t� 001) 5 00 Ai,,4rt C,:hiin �� i 'es J1 f, PI I Afis -w tmt V"A PY 1 1 iCi Y �L�J - - ------- - 500I l ua,, -v4,1 i 441fi F$ 5,2401 Aorwi r;v: -Vt.. Cohf-B ;[ IT." �Ll ifl f, - i, - so !wL, kgo n 21 1 Cdlan rc, rz/ M nkc,- In TOTAL FFE T, WORK SE SS[ONS 8,640 %000 s 27,C40 2300 30,000 1 EXHIBIT C 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. 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. 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. 4. 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 outline layouts and reports, 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 and the District, their 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 and name the District as an additional insured in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000 in accordance with the attached Insurance Requirements. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the fee schedule; attached hereto as Exhibit "B", consisting of two (2) page(s) and incorporated herein by this reference with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Thirty Thousand Dollars ($30,000.00). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs 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 reimbursable direct costs. Final payment shall be Standard Professional Services Agreement- rev07/0 2 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 and the District. 6. City Representative, The City will designate, prior to commencement of work, a City or District 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. 7. 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. 8. 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 forthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. 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. 10. Acceptance Not Waiver. The City's approval of plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of Standard Professional Services Agreement- rev07/0 3 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. Prohibition Against Emploving Illegal Aliens. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: Standard Professional Services Agreement- rev07/0 4 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. 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. Standard Professional Services Agreement- rev07/0 FORT COLLINS REGIONAL LIBRARY DISTRICT BOARD OF DIRECTORS PRESIDENT By: L Date: tipQ Y THE FORT COLLINS REGIONAL LIBRARY DISTRICT ACTING THROUGH ITS AGENT CITY OF FORT COLLINS, COLORADO a al corporation Byy- J mes B. O'Neill II, CPPO, FNIGP Director of Purcha{sing &Risk Management Date: Aaron Cohen Associates LTD By:-, Title:yi C' " I C&S i'b N f� CORPORATE PRESIDENT OR VICE PRESIDENT Date: )t/-)/ o'�p —� — (Corporate Seal) Standard Professional Services Agreement- rev07/0 EXHIBIT A Scope of Work The Fort Collins Regional Library District (the District) seeks proposals for a comprehensive Facilities Master Plan. The focus of the Facilities Master Plan is twofold: (1) to determine optimum use of existing library facilities (all currently located within Fort Collins City limits), without adding square footage, and (2) to identify the need for and options to expand library facilities to best meet the service requirements of the new District's entire 166,000 taxpayers/residents, both within and beyond Fort Collins city limits. The resulting plan will include a determination of capital needs and potential financial resources associated with each option, as well as identification of associated service levels for each option. The successful consultant also will assist in developing a public survey to be used for identification of taxpayer/residents service/facility needs. Based on national statistics, the District believes its facility space is less than desired and is looking for options with recommendations such as centralized library services through a main library and/or expanded services through additional branch libraries. The successful consultant should also determine the best geographic locations and size for potential new facilities to serve the District's population and the optimal size of the Main Library. In addition to input from District management, the reports resulting from an American Libraries Association "Planning for Results" process and information from a public survey will be used for guidance. OVERVIEW AND BACKGROUND The Fort Collins Regional Library District system consists of three library facilities, including the Main library (34,000 square feet) in downtown Fort Collins, the Harmony Branch (30,000 square foot) on the Front Range Community College campus in southwest Fort Collins and a 17,400 square foot branch in southeast Fort Collins currently under construction. The District also owns a portion of Library Park which may be considered for building, parking or outdoor facility use to meet library service needs. The old Carnegie Building and associated portions of Library Park, currently in use as a City -owned and operated museum, may be vacated as early as 2011. Options for its use as a potential District facility can be included in the plan. The District also leases space in City owned buildings for use of the District's Technical Service department and the Friends of the Library. The Main library building was constructed in 1976. The Harmony branch is 10 years old and is owned and maintained by the college. The District is interested in the advisability and cost associated with expansion in Library Park and possible inclusion of the Carnegie Building currently used as a museum. SERVICES TO BE PROVIDED The focus of the Facilities Master Plan will be to determine options for the future library system: Short-term o How to best use the existing library systems spaces during the next five to ten years. o Define refurbishments, remodeling and/or a renovation projects. o Determine capital needs for the existing Main Library. o Review "planning for results" documentation and develop service profiles associated with future facilities needs. • Staffing Profile. • Collection Profile. Operations / Services Profile Long-term o The best geographic locations and size for potential new facilities to serve the District's population. o The optimal size of the Main Library and Branches. The specific tasks need to complete the facility master plan include the following: o Review existing facility floor plans and the most up-to-date drawings available for Main, Harmony and Carnegie facilities o Tour each facility and Interview staff including representatives of the Board of Trustees, District Staff and the general public o Preliminary Block Layouts of current and future functional uses of space. o Identify potential remodeling and/or refurbishment projects and address the following issues: • Review current collection spaces; density, shelf heights and access and provide recommendations for layout improvement and optimal collection sizes. • Review current operations; circulation work, holds areas, security gates and self -check stations. Provide recommendations for improvements. • Identify potential new program, meeting, seating/reading and study spaces and make recommendations for improving existing ones. • Examine the layout of the children's space in the Main library and recommend improvements to accessibility, shelving layout and approachability/visibility from the entrance. • Make recommendations regarding the current and potential future uses of existing branch library spaces. • Identify potential "green" building opportunities • Review and recommend improvements to existing library staff work spaces o Submit questions pertaining to facility development to gain public input through a survey to be conducted by a local marketing firm o Determine the optimal geographic distribution of library facilities, including drop-off box locations in the District, taking into account current usage patterns, current facilities locations and current and projected future population distribution. o Determine the future amount of space needed for library facilities based on district population and growth patterns. Provide growth options, such as a centralized vs. branch library system, for branch libraries, expansion of the existing facilities, potential use of the Carnegie Building, and space needs for Technical Services and the Friends of the Library. o Determine options for improvements in a phased approach. The master plan will include short term and long range facilities recommendations. o Draft a preliminary report of recommendations for consideration by District staff and the Board of Trustees o Complete a final report, including building and cost estimates including the scope for each proposed improvement project, as well as an analysis and recommendation related to the optimal distribution of library services and suggestions for funding options for recommended improvements. PROJECT DELIVERABLE At the completion of the facility master plan, the selected consultant will be expected to provide a needs analysis report that identifies facility related issues at each location with the exception of the branch currently under construction. The report will also identify and develop a prioritized list of potential service improvement projects and major facility improvements required in the next five -ten years. The report will include summary options forfuture service delivery, and an estimated budget for each facility improvement project. The written report will also include an assessment of the current geographic distribution of library facilities within the District. The consultant will recommend a phased facility plan for current and new facilities relative to the current and projected population in each region of the District and provide guidelines for when these new facilities would be considered.