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HomeMy WebLinkAbout264656 OZ ARCHITECTURE - CONTRACT - RFP - 7146 POUDRE RIVER LIBRARY DISTRICT MAIN LIBRARY REMODEL AND EXPANSIONPROFESSIONAL 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" on behalf of THE POUDRE RIVER PUBLIC LIBRARY DISTRICT and OZ Architecture, 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. The Work Schedule. The services to be. performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until October 15, 2010, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: 1 DESIGN TEAM Strategy Meeting Team Meeting Design Team Meeting Survey Planning Systems Selection Gentech LEED Registration LEED Scorecard Traffic Studies Interiors Structural Building Assessment Design Team Meeting Design Team Meeting Code Review interiors Cost Review -------------------- OWNER/COMMUNITY Notice to Proceed DAG Meeting DAG Meeting Stakeholders Meeting Community Meeting #2 Board of l}ustees Design Advisory Group Meeting (DAG) fleeting Community Meeting #3 Community Meeting #1 ..................................................................... AGENCIES City Review Kick-off Public Art Kick-off City Review Meetings: Meetings: Public Art Committee - Waste Water - Zoning / Planning - Transportation Review B Revocation - Building Department Ordinance Strategy - Fire Department Assist Ballot Issue Prep Design Team Meeting Design Team Meeting Security/Tech Acoustical LEED Scorecard LEED Scorecard Cost Review Ongoing Review Design Team Meeting Design Team Meeting Interiors LEED Application FFBE DAG Meeting DAG Meeting Phased Occupancy Review Board of "Trustees Meeting Community Meeting #J City Review Follow-up Meetings as needed Did Review Weekly OAC Meetings Contractor Selection FF 8 E Coordination I b LEED Certification I > i u z Phased Occupancy I W a O z u z Permit Review Inspections n V O O W a V EXHIBIT C Fee Schedules FEE PROPOSAL PROFESSIONAL FEE SUMMARY BY PHASE Design Team Specialty Total Fee PHASE 1 PHASE 2 PHASE 3 REIMBUSIBLE EXPENSES SCHEMATIC DESIGN & CITY DEVELOPMENT DD-CD PERMIT- CA BY CONSULTANT REVIEW PROCESS `T•------_-•-- ^:G OZ ARCHITECTURE LIBRARY PLANNING $6,000 $5,000 S1,000 OZARCHITECTURE ARCHITECTURE, LEED & INTERIOR DESIGN $11a615 S34,615 $57,000 $25.000 S28,550 OZ ARCHITECTURE FFE $14.500 $12,000 $2.500 S3,000 OZ ARCHITECTURE PUBLIC PROCESS $%000 $6,000 $3,000 $6,000 OZ ARCHITECTURE 3d SERVICES (Before & After) $3,500 $3,000 $500 KL&A STRUCTURAL 51z50a $1,875 $6,875 $3.750 ME GROUP MECHANICAL $23.190 $5,5601 $12,1901 $5.4401 S2,000 ME GROUP ELECTRICAL $2a190 $5,560 1 $12,190 $5,440 S2,000 ME GROUP PLUMBING $11.780 $3,1601 S6,220 $2.400 $2,000 NOLTE CIVIUSURVEY $1&439 $6,854 $7,164 $5.421 RIPLEY DESIGN INC. LANDSCAPE $&Soo $2,500 $4,500 $1.500 CTUTHOMPSON GEOTECH $3.200 $3.200 DELICH ASSOCIATES TRAFFIC $700 $700 $70 K2 ACOUSTICS $5,000 $2,000 S2,000 $1.000 K2 AUDIO VISUAL $5,840 $1,000 S3,840 S1.000 TECHNOLOGY PLUS TECHNOLOGY, SECURITY & PHONES $18,581 $5,053 1 $10.576 $2.950 $1,100 ffBD-Allowance Held) SIGNAGE $7.000 1 S5,000 $2.000 CUMMING COST ESTIMATING $15.980 $4.000 $11.980 $725 AMBIENT ENERGY ENERGY & DAYLIGHTING $2a00o S10,0001 10,000 Fee Totals -Actual by Phase $324,515 $100.077 $166.037 $-58,401 545.445 Proposed %of fee by phase 30. ,% 51.2% 1&0% Reimbursable Expenses $45,445 $17.145 $16.300 $12.000 Total Fee $369,960 S117,222 $18Z337 $70.401 `'. FEE NOTES f GLARIFIC'ATIONS z. 1. Fees are based on Design Development occuring in Phase 2 as :his leiel of detail should not be required for City Development Review. 2- Signage Design is allocated as an allowance - Consultant will be selected upon scope clarification. 3. Reimbursible expenses exclude contractor bid sets but include permit sets. 4. Fees are guaTenteed for the duration of the project, provided Phase 2 work begins by August 2011. 5. 3D rendering services may be added to he OZ sco e of work as follows: $8,000 Wire Frame Fly throu_ h of Buildin 512.D00 Fly through Animation (Fully rendered 2.5 minutes long) 6. ec na oqy ' us : ase 1 ee cow e reducedy 1400 should , survey to i nh " aushng con irons not a require . 7. t t is imp ement m ieu of a 15.000 esign team a service is ne to sup ement services required in Phase 2&3. [,SCOPE OFW.ORK'CLXAIFICATiON5:` - ' 1. Scope of work is assumed to be as identified in the RFP with the inclusion of scope per the fees above 2. See separate attachments for detailed descriptions of added Consultant scope of work as requested. ARCHITECTURE URBAN DESIGN INTERIOR DESIGN OZ ARCHITECTURE 2010 BILLING RATES (SUBJECT TO INCREASE AT SEMIANNUAL REVIEWS) UPDATED 01/01/10 PRINCIPAL ARCHITECT PLANNINGIURBAtl DESIGN RANGE ISO - 196 continued RANGE 155 EDUARDO ILLANES 195 MARA REMPEL 110 PAUL TREMENTOZZI 195 WELLS SQUIER 110 NANCY BLACKWOOD ROBERT WEST 195 MAIRI MASHBURN 110 JIM BERSHOF 195 CHARLOTTE RICKER 100 INTERIOR DESIGN JOE LEVI 195 DAVID ROSENFELD 100 RANGE 50 .7 MICHAEL NODA 195 JAMI MOHLENKAMP 100 SHELLY COCKRELL ELAINEJENSEN 190 LYNNEWASINGER 100 EMILYCONLEY RICK PETERSEN 195 CHRIS VANDALL 100 ERICA KITCHINGS K. DAVID CARSON 195 MARGARET SELZER KELLY DAVIS 195 AILENN DESANTIS DAVID JOHN SCHAFER 190 SHERRI EYSTER PAUL SCHULTZ 190 SR ARCHITECTURAL INTERN MEGAN FRECKELTON ANDREW S WHITE 195 RANGE 120 -155 CHRISTINE HEADLEE STEVE BROOKS 170 DAVID DOWLING 145 REBECCA STONE 170 ERIC BECKER 120 KELLY YAMASAKI 170 MATTHEN FAICHNIE 110 POSIPROJECT DELIVERY SERVICE TRACY TAFOYA 170 CARLOTTA FAZZONE 105 RANGE 90 -175 ROBERT RYDEL 170 KELLY FOGARTY-MEISSNER 95 BUD THOMPSON STE/AN KIRK HALE 150 BARIS ALTIOK 90 JAMES THIES MARGARET PECK 150 FRANK MATAIPULE 90 HEIKE KERBS 150 JACOB LEVY 90 CONTRACT ADMINISTRATORS DONALD R SCHIEFERECKE 150 BRIAN LOPEZ 90 RANGE 105 - 125 JEFF WRIGHT 150 KASEY SHARP 90 ED PARCELL JOHN COLEMAN 150 RICK EdANS 90 CHAD HOLTZINGER 150 KARLIN VAESSEN 90 SUPPORT STAFF LIZ RANE 150 ROBERT WILBERGER 85 RANGE 45 - 125 TAMARA BUJAKOWSKI ASSOC. PRINCIPAL ARCHITECTURAL INTERN MARTIN CALDERON RANGE 120 -155 RANGE 50 - 80 SCOTT HICKS BRIAN HAFFEY 125 CHRISTOPHER RUSSELL 80 JESSICA OSTERMICK DA.N MILLER 125 LINDSEY MILLER 75 JAMES A. CRElISTON JENET7E ALIE 125 JULIE EDWARDS 70 CHRIS DOLEZAL THOMAS HOOVER 155 KAY GALLIGAN 70 JASON CLARK SUSAN MELLBLOM 120 BEATTA CHUDOBINSKI 70 KATHLEEEN ANDRES MATT BRINKMAN 65 BRADY FOX SR ARCHITECT SUZANNA REED 65 ERIN AULT RANGE 130 - 170 GIRIA BRICIENO 65 DARCY BRUNO GAYLE UDALL 170 ERICK MODEN 65 CHRISTINE ELDRIDGE ERIK F. MARLES 155 DAIN CARLSON - 65 LENDS MARQUEZ CHARLES SANDERS 155 REBECCA GREEK 65 SHELLY LOU MCCLEARY JEFFREY M NIGH 150 KELLY JERNIGAN 65 REBECCA BUNZALIK JEFFREY C IJAPP 145 HILLARY LENDS 65 LARA CONLEY ALVIN MORIE 130 JESTIN GIECK 65 MARIA MOBLEY AMANDA JOHNSON 65 KATHERINE M.HUTCHINGS JEONG YOON 50 HEATHER M DALY ARCHITECT JENNIFER DAVIS 50 JENNIFER G VIEROW RA14GE 100 - 125 DANIEL FLORS 50 VICTORIA MARIACOCKERHAM DARRIN JENSEN 125 DARCY VERTUCK 50 AUTUMN GETZLAFF NATHA.N MIESEN 125 DAVID WILT 50 TIMOTHY ROSS 125 WILLIAM HENTSCHEL 125 SR INTERIOR DESIGN ERICH HILL 115 RANGE 110 - 140 MICHAEL WHITLEY 115 KRISTIN SPIVEY 140 KENNETH A. BREITKREUZ 115 KATHRYN JANAK 130 - CATHERINE FIELDS 115 MICHELLE LIEBLING 125 MATTHEW D CHIODINI 115 SUSAN KOHUTH 120 CHAD MITCHELL 115 BRIAN HELTSHE 110 KElIN M SCHA.FFER 115 155 90 70 70 65 65 50 50 50 175 90 105 125 115 100 100 160 10D 90 80 80 80 65 65 65 65 65 65 65 55 55 50 E0 45 2 Ambient Enerav — LEED Consultin Preside nt/Pri ncipal/S DS Team Lead $170/hr Principal/BPE Team Lead $150/hr Project Manager $140/hr Senior Sustainable Design Specialist $120/hr Green Materials Specialist $115/hr Sustainable Design Specialist $95/hr Sustainable Design Specialist Assistant $85/hr Senior Building Performance Engineer $130/hr Building Performance Engineer $100/hr Building Performance Engineer $90/hr BPE Team, Renewable Energy Specialist $125/hr Daylight and Lighting Specialist $115/hr Administrative Assistance $55/hr K2 Audio. LLC — Acoustical: Senior Consultant $125/hr Consultant $110/hr Principal Consultant $165/hr Senior Designer $85/hr Technoloav Plus. Inc. —Telecom/Data/Security: Project Manager/Principal-in-Charge $150/hr Lead Design Consultant $130/hr Security Engineer $130/hr CAD Operator $70/hr Administration $60/hr Cummina. LLC — Cost Estimator: Managing Principal. $225/hr Senior Vice President/Regional Vice President $200/hr Director of Cost Management $180/hr Senior Cost Manager $160/hr Cost Manager $145/hr Cost Management Technician/Coordinator $105/hr KL &A, Inc. Structural Engineers and Builders Project: Fort Collins — Poudre River Public Library District Main Library Remodel and Expansion Owner: Poudre River Public Library District Location: Fort Collins, Colorado Project Description: The proposed project is located at 201 Peterson Street in Fort Collins. The project consists of 5,625 sq. ft. of additions and a remodel of the existing 34,000 sq. ft. building which opened in 1976. The additions will consist of first floor infill beneath existing second floor overhangs. The project will be designed and constructed to achieve LEED Gold under new construction and major renovation. The estimated construction budget is $3-3.1 million. Compensation for our Base Services shall be: 1. A fee calculated on an hourly basis per our standard rate schedule with a not to exceed limit. At this time we estimate a not to exceed limit of twelve thousand five hundred dollars ($12,500). The overall structural scope is unknown but is anticipated to be limited to the additions and minor modification of the existing structure. 2. Anticipated direct cost and/or reimbursable expenses of seven hundred dollars ($700.00). 3. The structural design documents will be prepared using Revit at no additional cost. Estimated payments for base services in each design phase shall total the following: Schematic Design $1,875 Design Development $2,500 Construction Documents $4,375 Construction Administration $3.750 TOTAL $12,500 Our current standard hourly rate schedule is: Principal: $150 Associate: $120 Project Manager: $105 Project Engineer: $105 Engineer (Licensed): $ 95 Structural Designer $ 85 Engineering Intern: $ 70 Clerical: $ 60 S M.E. Group. Inc. Scope of Work Agreement — Poudre River Public Library District Remodel. Expansion Article Vll. Standard Hourly Billing Rates (subject to change each calendar year) A. MEG proposes to provide technical services in accordance with the following billing rate schedule: Technical Service Hourly Rate Clerk/Technical Typist $60.00 Draftsperson/Technician $72.00 Designer 1 $82.00 Designer 2 $92.00 Designer 3 $102.00 Engineer/CxA 1 $123.00 Engineer/CxA 2 $133.00 Engineer/CxA 3 $144.00 Project Engineer/Construction Manager $123.00 Project Engineer/Construction Manager $133.00 Project Engineer/Construction Manager $144.00 Senior Engineer/Senior CxA 1 $144.00 Senior Engineer/Senior CxA 2 $154.00 Senior Engineer/Senior CxA 3 $164.00 Consultant 1 $123.00 Consultant 2 $133.00 Consultant 3 $154.00 Principal 1 $154.00 Principal 2 $164.00 Principal 3 $195.00 Construction and Expert Testimony Hourly Rate Add to above rates $35.00 Rates as of 0110112010 B. The above rates became effective January 1, 2010 and are subject to revision at any time with a minimum of 60 days written notice. Article Vlll. Reimbursable Expenses A. Reimbursable expenses include the cost of support services, deliveries, postage, electronic communications, reproductions, plots, materials, supplies, consultants, transportation, and the expense of professional liability insurance dedicated exclusively to the Project or the expense of additional insurance coverage or limits requested by the Owner or Contracting Party in excess of that normally carried by MEG. B. Reimbursable expenses shall be billed above and beyond all fees for professional services, with a multiplier of 1.10. C. Reimbursable Mileage will be billed at a rate of $0.50 per mile (shall be adjusted annually to match the IRS business mile rate). D. Computer and Technical Services by others will be billed at Cost. E. Reimbursable expense transaction records or receipts will be available upon request. Created an: 6/12/2010 623:00 PM Into/ here. e G R LOUP design.+green NOLTE ASSOCIATES, INC. Rocky Mountain Region 2010 Charge Rates Schedule Office: Technical Services Project Assistant ............. ...... ................. ----- ---- -----._..---.........----- -------._............................... S58.00/hour Engineering Aide/Planning Aide.............................................................. 2.00 hour ComputerAnalyst-------- ............................. -......... -............................... ___ .................................... S76.00%hour Project_3dnufustrator............................................. ............................-----.........__.._................------. SS 1.00/hour CADD Tech I.................................................................................................................................. S69.00/hour CADDTech II ...................... ......................................................................................................... S84.00/hour CiDDTech III .............................................................................................................................. $95.00/hour Senior C -1DD Designer/Tech. ............... .......... ....................... ................. ......................... S104.00,/hour Professional Junior Surveyor .......... ........... ____ ------------............. --.........------.--..........---------- ------ -- -- ........_. $81.00/1101LIr Assistant Surveyor ..... ................................. 2.00/hour Associatesurveyor ................ ........................... ........................................................... S103.00/hour SeniorSurveyor-------------------------------------------------.............................------ ---................................. S114.00/hour SurveyNIanager.....................................................................................................------ ................ 5135.00/hour junior Engineer/Planner.... .................................... 2.00/hour Assistant. Engineer/Planner---------------------------- .......................... --...........------------..................---- S104.00/hour Associate Engineer/Planner-.................................................................... ...... ..................... I..... 5116.00/hour SeniorEngineer/Planner-...................................-.---.....................----------- ............................... 5132.00/hour Manager.... ............... ............ ....................................... .......................................................... ......... . S151.00/hour Associate.---- . ................................................................................-------..........................------....... S163.00/hoar Principal_....-----............................ ......................................---..._........................_...._......----------------.......... 5189.00/hour Field: Construction Management JuniorField Engineer ......... ............. ........... ... ._...------.........----------........... ....................... SS1.00/hour AssistantField Engineer .......... ...................................................................... _.------ ...... ------- . -- $92.00/hour Associate Field Engineer ------------------------- ------------------------------------------.....................----------_... $101.00/hour SeniorField Engineer .......................................................................................... .......I.... ............ S114.00/hour Construction Manager..........................................................------.........................----......_............ S145.00/hour Surveying 1-Person Field Crew (GPS)(Robotic)...... ................................ ....................... .......................... S117.00/hotu 1-Person Field Crew..................................................................................................................... S106.00/hour 2-Person Field Crew. ..................... ....................................................•--•----..........._................ S146.00/hour 3-Person Field Crew ...... :............... ....................................... .........-------------..................-----....... S198.00/hour Clmiefof Par-tv -------------- _....---------------_.................................. ..............._... .........._............. J83.00/hour InstrumentPerson._................................................................................................-------------........ S64.00/hour Expenses: Plotting and In-house Reproduction ........................................... Subsistence.......................................................................................................................................... 1.1J x Cost Other Expenses - Including Subconsultants & Purchased Sen-ices through Subcontracts- 1.15 x Cost :Mileage - Outside local area .................................... Per accepted IRS rate Rates are effective through October 01, 2010. If contract assignment extends bevormd that date, a new rate schedule will be added to the contract. litigation support will be billed at $300.00 per hour. I ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7 29 2010 PRODUCER Phone: 303-837-8500 Fax: 303-831-5295 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1515 Wynkoop, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Denver CO 80202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # INSURED INSURER A: Travelers Insurance OZ architecture of Denver, Inc. INSURER B:Hartford Insurance Group 0 3012 Huron Street Denver CO 80202 INSURERC:XL ST)ecialty Insurance Co. 0 INSURER D: rnVFRArFA 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. INSR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONJi.&INSR LIMITS EACH OCCURRENCE $ 1 000 000 A GENERAL LIABILITY 680525OL363 10/1/2009 10/1/2010 }{ COMMERCIAL GENERAL LIABILITY DAMAGE To RENTED PREMISES Ea occurrence $ 1 0 0 0 000 MED EXP (Any one person) $ 10 0 0 0 CLAIMS MADE Fx—] OCCUR PERSONAL 8 ADV INJURY $ 1 0 0 0 0 0 0 GENERAL AGGREGATE $ 2 0 0 0 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 0 0 O 000 POLICY X PRO- LOC A AUTOMOBILE X LIABILITY ANY AUTO BA5335L402 10/1/2009 10/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIREDAUTOS NON -OWNED AUTOS X X lColl Comp ded : $1 , 0 0 0 PROPERTY DAMAGE (Per accident) $ ded 1 000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS/UMBRELLA LIABILITY X I OCCUR F—ICLAIMS MADE CUP3391T130 10/1/2009 10/1/2010 EACH OCCURRENCE $4 000 000 AGGREGATE $ 4 0 0 0 0 0 0 $ $ DEDUCTIBLE $ X RETENTION $10 0 0 0 B AND EMPLOYERS' LIABILITY ANDEMPS YERS'LSATIONILIT YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? 34WEGNX4686 10/1/2009 10/1/2010 X TQEY WCSTI IT GTH- ER E.L. EACH ACCIDENT $ 1 000,000 E.L. DISEASE - EA EMPLOYE $ 1,000 0 0 0 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 1 0 0 0 0 0 0 SPECIAL PROVISIONS below C OTHER Professional Liability Claims Made DPR9619726 10/1/2009 10/1/2010 Per Claim $2,000,000 Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS If required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. This insurance will apply on a primary, non-contributory See Attached... V Gf� I IrltrM 1 G nv�U�n City of Fort Collins Attn: John Stephen 215 North Mason Street Fort Collins CO 80522 l.H1Yl.CLLH I IUIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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. 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. AUTHORIZED REPRESENTATIVE A ­0 0 i _ — AC:UKU 15 (1UUVIU1) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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. AL'U cu to ttuua1u1) DESCRIPTIONS Co basis. A Blanket Waiver and Workers' Compensation excess coverage over the Additional Insured: City Co 80524 of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability . Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides General Liability, Automobile Liability and Employers Liability. of Fort Collins and Poudre River Public Library District, 201 Peterson Street, Fort Collins, Professional: With Copy to: OZ Architecture City of Fort Collins, Purchasing Attn: Jim Bershof PO Box 580 3012 Huron Street Fort Collins, CO 80522 Denver, CO 80202 Copy to: City: Seter & Vander Wall, P.C. Poudre River Public Library District 7400 E. Orchard Rd, Ste 3300 Attn: Holly Carroll Greenwood Village, CO 80111 PO Box 580 Fort Collins, 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. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 2 6. 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 for Phase 1 according with the scope of services attached hereto as Exhibit "C", consisting of Six (6) pages, and incorporated herein by this reference, with a fixed fee in the amount of One Hundred Thousand and Seventy Seven Dollars ($100,077) plus reimbursable direct costs. All such fees and costs shall not exceed One Hundred Seventeen Thousand Two Hundred Twenty Two Dollars ($117,222). The parties acknowledge that the sub -contractors: Ambient Energy, K2Audio LLC, OZ Architecture, Technology Plus Inc., KL & A, ME Group, Nolte, Ripley Design Inc, CTUThompson, Delich Associates, and Cumming are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amount charged by these subcontractors exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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 made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the 3 Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a rd material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Bindina Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, 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 Employing Illegal Aliens. Prohibition Against Employing - Illegal 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 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 5 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. Co POUDR RIVER PUBLIC LIBRARY DISTRICT BOA OF (RECTORS P IDE T By: Date: & ( CO POUDRE RIVER PUBLIC LIBRARY DISTRICT ACTING THROUGH ITS AGENT CITY OF FORT COLLINS, COLORADO a municipa oration By: James B. O'Neill ll, CPPO, FNIGP Director of Purchasing & Risk Management Date: --)b 10' OZ Architecture of in CORPORATE PRESIDENT OR VICE PRESIDENT Date: % I Zq 110 A IT, F-ST: (Corporate Seal) CORPORATE SECRETARY \� III Exhibit A Scope of Work The following is an outline of a general scope of work. The consultant firm/team should expand each of the tasks listed below. Additional tasks that the consultant firm/team determines necessary to assure a good deliverable design product and ultimately a high quality construction project should be added to this list. Phase 1 - Schematic, Design Development, and Preliminary Design 1. Present the building alternatives to District Project Team, screen alternatives and develop recommendations on meeting the objectives described in Chapter 2 of the RFP. The preferred alternative to move forward to preliminary design. 2. Develop preliminary occupancy strategy plan to maximize the ability for the library to remain open to the public during the construction process. 3. Prepare preliminary building plans including preliminary floorplans, elevations and six before and after renderings. Prepare sufficient concept level structural, architectural details and finishes, mechanical, electrical details for cost estimating purposes. 4. Building assessment including electrical, plumbing and HVAC. 5. Code review including parking considerations and provide (TIS) Traffic Impact Study if required by Authorities Having Jurisdiction. 6. Attendance and presentation at up to 6 (six) public meetings including Board of Trustee meetings and public input/awareness meetings to present the recommended design alternatives and to solicit comment and input from the public, adjacent property owners and local agencies. Hourly fees are attached in Exhibit C if additional meetings are requested. 7. Geotechnical Engineering — Conduct geotechnical field investigations including foundation borings for building and borings for roadway and parking lot pavement design. Prepare geotechnical report including recommendations for building foundation and roadway pavements. W 8. Utility Coordination — Develop preliminary utility service requirements for recommended building alternative including HVAC, electrical, fire protection, etc. Prepare site utility plans showing existing utilities within the project limits and proposed utilities to serve the project. Coordinate utility services and relocations with City and other outside utility owners. 9. Landscaping/Urban Design — Develop preliminary landscape plans for the site taking into consideration the historical significance of some of the current plantings. 10. Storm Drainage — Prepare a drainage and erosion control report in accordance with City Stormwater Utility Department requirements. Identify locations for storm water detention and water quality features. Prepare preliminary grading and drainage plans. 11. Prepare preliminary plan package including building plans, site plans, utility plans, grading and drainage plans landscape plans and preliminary cost estimate. 12. Submit preliminary plan package and attend or conduct preliminary plan review meetings with City staff and other referral agencies. The design professional will usher the project through the City development review process at all levels and to any extent as may be necessary to complete the project for each Phase. 13. Document plan revisions, revise preliminary plans, and resubmit record set of the preliminary plan package. 15. Perform audio-visual design and acoustics consulting services through Phase 1 as described in proposal K2 Audio, LLC dated June 10, 2010. 16. Perform technology consulting services through Phase 1 as defined in the fee proposal from Technology Plus Incorporated, pages 2 through 5 as submitted by OZ Architecture, July 2010. 17. The design professional is required to design and provide all consulting services to attain a certification target level of LEED Gold. This includes submission of all required documents to USGBC. However, the Owner will pay registration and certification fees directly to USGBC. The consultant's task at this time will be to perform all necessary LEED consulting services through Phase 1. 18. Perform energy and daylight modeling services through Phase 1 as defined in the Statement of Work proposed by Ambient Energy Consultants dated June 11, 2010 as "revised" including five (5) pages with Fee Estimate By Task table on page four. The assumed project approach for energy and daylight modeling relative to this project will be the latest version of the new LEED NC New Construction and Major Renovation category unless otherwise modified by alternate scope and fees. 19. Perform and supply 3D Rendering services to include 6 "before and after" renderings as proposed in "revised" Fee Schedule from OZ Architecture dated July 27, 2010. 20. Provide schematic cost estimating services for Phase 1. 2