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HomeMy WebLinkAbout464677 ARCHITECTURAL TESTING - CONTRACT - AGREEMENT MISC - ARCHITECTURAL TESTING BUILDING ENVELOPE FOR CITY HALL WEST AND 215 N. MASONPROFESSIONAL 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 Architectural Testing, Inc., 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. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until February 26, 2010, 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: Architectural Testing, Inc. City of Fort Collins City of Fort Collins, Purchasing Attn: John Runkle Attn: Steve Strickland PO Box 580 130 Deny Court PO Box 580 Fort Collins, CO 80522 York PA 17406-8405 FortCollins 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. Standard Professional Services Agreement- rev07/09 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 4. 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 $1,000,000. 5. 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 TwentyThree Thousand Dollars ($23,000.00) which includes reimbursable direct costs. All such fees and costs shall not exceed Twenty Three Thousand Dollars ($23,000.00) in accordance with the Fee Schedule attached hereto as Exhibit "B", consisting of one (1) page, 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. 6. 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 Standard Professional Services Agreement- rev07/09 2 orders, and other clarification or instruction shall be directed to the City Representative. 7. 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, 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 City in an AutoCAD version no older then the established city standard. 8. 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. 9. 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. 10. 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. 11. 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. Standard Professional Services Agreement- rev07/09 3 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either parry should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting parry 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 parry commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. 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. 17. Prohibition Against Emolovina Illeaal. Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. 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 a -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 Standard Professional Services Agreement- rev07/09 4 "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 a -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: 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. 18. Amendment 54. To the extent that this Agreement may constitute a "sole Standard Professional Services Agreement- rev07/09 source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. THE CITY OF FORT COLLINS, COLORADO Jam s B. O'Neill 11, CPPO, FNIGP Director Qf urchasing & Risk Management DATE: Architectural Testing, Inc. By: I Title: Y@ CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3 0-n uua-yr : j 2 1.v , o2 01 Q ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev07/09 EXHIBIT A SCOPE OF SERVICES Scope of Services: We propose the following scope of services to complete our investigation into the air tightness and respective energy loss through the building envelope: City Hall Building We intend to complete the following scope of work in 2-3 days of on - site testing and inspection. • Review of existing architectural plans and specifications and window shop drawings (if available). This will include a visual assessment of the plans for locations of thermal bridging and potential air exfiltration/infiltration passages. • Upon review of existing architectural details and specifications, it may be determined that openings through the interior or exterior walls may be required to access critical building components. If this is required, local labor will be contracted to make the openings and subsequent make -good upon completion of the investigation. Such work will only commence upon written confirmation from the Client. The cost of the contracted labor will be in addition to the total cost provided in this proposal. • Inspect and assess the exterior building envelope components/assemblies, including a cursory review of the structural integrity of the existing masonry veneer on the east elevation. We intend to use a borescope and mirrors to view concealed wall components. • Conduct air tightness testing at various locations throughout the building in general accordance with ASTM E 1186 "Standard Practices for Air Leakage Site Detection in Building Envelopes and Air Barrier Systems," method 4.2.2. To conduct the testing, a smoke tracer will be used in conjunction with the buildings internal pressurization in order to identify locations of air exfiltration from the interior of the building. • Conduct quantifiable air tightness testing on at least one window in accordance with ASTM E 783. • Inspect the interior of the building envelope in numerous locations to observe paths of air leakage and at locations where heat loss was observed during the completed thermal scans (see attached locations). We intend to use a borescope and mirrors to view concealed wall components. • Develop conceptual repair options for sealing of the interior and exterior building envelope components and assemblies for your review and selection. • Provide you with a written report with our findings including repair options for your consideration. 215 N. Mason Street • Review of existing architectural plans and specifications and window shop drawings (if available). This will include a visual assessment of the plans for locations of thermal bridging of masonry wall assemblies and potential air exfiltration/infiltration passages. • Upon review of existing architectural details and specifications, it may be determined that openings through the interior or exterior walls may be required to access critical building components. If this is required, local labor will be contracted to make the openings and subsequent make -good upon completion of the investigation. Such work will only commence upon written confirmation from the Client. The cost of the contracted labor will be in addition to the total cost provided in this proposal. • Inspect and assess the exterior building envelope components/assemblies. We intend to use a borescope and mirrors to view concealed wall components. • Conduct air tightness testing at various locations throughout the building in general accordance with ASTM E 1186 "Standard Practices for Air Leakage Site Detection in Building Envelopes and Air Barrier Systems," method 4.2.2. To conduct the testing, a smoke tracer will be used in conjunction with the buildings internal pressurization in order to identify locations of air exfiltration from the interior of the building. • Conduct quantitative air tightness testing on at least one window in accordance with ASTM E 783. • Inspect the interior of the building envelope in numerous locations to observe paths of air leakage and at locations where heat loss was observed during the completed thermal scans (see attached locations). We intend to use a borescope and mirrors to view concealed wall components. • Develop conceptual repair options for sealing of the interior and exterior building envelope components and assemblies for your review and selection. • Provide you with a written report with our findings including repair options for your consideration. 2 JE�!Ro CERTIFICATE OF. LIABILITY INSURANCE OP ID EC —"t"""'—.—, ARCHI-1 1 11/25/09 PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE E. K. McConkey S Co . , . Inc . 2555 Kingston Rd., Suite 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW York PA 17402 Phone: 717-755-9266 Fax: 717-755-9237 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Hartford Insurance of Midwest 37478 INSURER B: Hartford Fire Insurance Co 19682 INSURERC: Twin City Fire 29459 Architectural Testing Inc 130 Derry Court York PA 17406-8405 INSURERD: Philadelphia Insurance Co 23850 INSURER E: Hartford CasualtV 29424 CAVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INQ TYPE OF INSURANCE POLICY NUMBER DATE MM DD CTIVE DATE MM/DD EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY 44UUNGE2646 04/29/09 04/29/10 PREMISES (Ea occurence) $ 300000 CLAIMS MADE FXI OCCUR MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 1-1 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B X X ANY AUTO 44UENFS4138 04/29/09 04/29/10 (Ea accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10000000 E X X OCCUR CLAIMSMADE 44XHUGE2536 04/29/09 04/29/10 AGGREGATE $ 10000000 $ 0DEDUCTIBLE $ X RETENTION $ 10000 WORKERS COMPENSATION X TORY LIMITS ER AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1000000 C ANY PROPRIETOR/PARTNER/EXECUTIV�ifI 44WBTD3579 04/29/09 04/29/10 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ 1000000 (Mandatory In NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1000000 OTHER D Professional Liab. PHSD367733 10/23/09 10/23/10 Per Claim $ 5,000,000 Aggregate $ 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: City Hall Building and 215 N Mason Street. Certificate holder is named as additional insured for general liability, auto liability, and umbrella liability, but only as respects to liability arising from the operations of the insured where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Fort Collins Attn: Steve Strickland P 0 Box 580 Fort Collins CO 80522 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FORTCOL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTIORAZED. REPRESENTATIVEIJ The ACORD name and logo are registered marks of ACORD rese