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Home My WebLink About264656 OZ ARCHITECTURE - CONTRACT - RFP - 7146 POUDRE RIVER LIBRARY DISTRICT MAIN LIBRARY REPROFESSIONAL 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 one (1) page, 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 two (2) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until July 15, 2012, 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 N EXHIBIT C FEE SCHEDULES FEE PROPOSAL PROFESSIONAL FEE SUMMARY BY PHASE Design Tom Specialty Total Fee PHASE2 PHASE3 REIMBUSIBLE EiPgNSES DD-CD PERMIT -CA BY CONSULTANT OZ ARCHITECTURE LIBRARY PLANNING $1,000 $1,000 OZ ARCHITECTURE OZARCHITECTURE OZ ARCHITECTURE OZARCHITECTURE ARCHITECTURE & INTERIOR DESIGN FFE PUBLIC PROCESS 3d SERVICES Before & After U date II100 fou $14,500 $3,000 $600 $15.750 $12.000 $3,000 $500 $25.000 $2;500 $24.11 $3.006 $6.000 KL&A STRUCTURAL 7 1 u tUb $6.875 $3.750 ME GROUP MEGROUP ME GROUP NOLTE RIPLEY DESIGN INC. CTL/THOMPSON MECHANICAL ELECTRICAL PLUMBING CIVIL/SURVEY LANDSCAPE (Project M s 8, masterplan) GEOTECH. $20.350 41111.7,101 $18,2001 sul $11.610 1 $14.43011 TR Asni $7,164i 1 $15,700 1 $6.880 1 $5.9201 12 i i3 -4 !211 1.5001 $2.0001 1 $2,0001 $2.0001 1 4 DELICH ASSOCIATES K2 IT2— TRAFFIC ACOUSTICS AUDIO VISUAL $01 1 1 $3.84011 1 TECHNOLOGY PLUS (TED - AJ]owanoe Held) CUMMING AMBIENT ENERGY TECHNOLOGY, OGY. SECURITY PHONES SIGNAGE CO ST EST —MAT IN G ENERGY & CAYLFG—HTING $13 f11,980 1 $IU,57311 $20 $I N $ 10,000 .$1,00021 $2.9501 1 $1,100 $ 725 Fee Totals -Actual by Phase $267,7881 11206997r f80,801 140 _q 91 Pmposed%offee byphaso H 7T 22.. Reimbursable Expenses $40,942 $22,30011 $18642 Total Fee $308;730 1 $229,287 $79,443 VE-E7N0'ffi7—C—URIPICATI�;7,n-N 4, rT - 3 al I -T 1 . Fees are reflect Design Development with modified scope occunng in Phase 2. r. -adiustedto = 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. 3D rendering services may be added to the OZ scope of 0 'E"Ll", S* 1 $8,0007 ClIEW, Frame Fly through of Buildin —1 $I2,000I lFIvMaLjonFullyrendered 2.5 minutes long) 5- Fees are based on no LLED carblication process-- Sustainability is stillconsideration in design approach. lKC �QPEO F W�0--RWCUR—1 —FffX-T-10N S"A -W �4 11 - SCOI)e Of work is as identified in the RFP perthe fees above: Adds include: - Limited projected management role scope by Architect -Landscape Mast r Plan I -Bathroom renovation &Main entsyre design byArchitect&'MEP - Retrocommissioning scope by MEP 2 See separate attachments for detailed descriptions of added Consultant Scope of work as requested. ARCHITECTURE URBAN DESIGN Nil. INTERIQR DESIGN OZARCHITECTURE 2010 BO.UNG RATES (SUBJECT TO NCRFA.SE AT SEMIANNUAL REVIEWS) UPDATED 0UO1110 PRINCIPAL RANGE 160 -195 EDUARDO ILLAHES PAUL TREMENTOZZI ROBERT WEST JIM BERSHOF JOE LEVI MICHAEL NODA ELA04E JENSEN RICK PETERSEN K. DAVID CARSON KELLY DAVIS DAVID JOHN SCHAFER PAUL SCHULTZ ANDREW 5 WHITE STEVE BROOKS REBECCA STONE KELLY YAMASAIO TRACY TAFOYA ROBERT RYDEL STEVAN KIRK HALE HE00=KERBS DONALD R SCIUEFERECKE JEFF WRIGHT JOHN COLEMAN CHAD HOLTZNGER LIZ RARE ASSOCJPRfUCIPAL RANGE 120-165 BRIAN HAFFEY DAN MILLER JENETE ALE THOMAS HOOVER SU WJ lIm Lm OM SR ARCHITECT RANGE 130-1TO GAYLE UDALL ERIK F- MARLES CHARLES SANDERS JEFFREY M HIGH JEFFREY C MAPP ALVN MORIE ARCHITECT RANGE 100.126 DARRIN JENSE4 NATHAN MIESEN TIMOTHY ROSS WIWAM HENTSCHEL ERICH HILL MICHAELWLOTLEY KENNETH A-BRENKREUZ CATHERINE FEEDS MATTHEW D CH600NN CHAD MITCHELL KEVN M SCHAFFER ARCHITECT ca06mN0 195 MARA REMPEL 195 WELLS SDUIER 195 MANR1 MASHBURN 195 CHARLOTTE FUCKER 195 DAVID ROSENFELD 195 JAM) MOILLENKAMP ISO LYNNE WASINGER 195 CHRIS VANDALL 19S 195 190 190 SR ARCHITECTURAL INTERN 195 RANGE 120-155 170 DAVID DOWLING 170 ERIC BECKER 170 MATTHEW FAICH NNE 170 CARLOTTA FAZZON4E 170 KELLY FOGARTYAWISSNER ISO EARLS ALTIOK ISO FRANK M.ATAIPULE ISO 4AC013 LEVY ISO 8RIAJ4 LOPEZ 150 KASEY SHARP ISO RICK EVANS ISO KARLN VAESSEN ISO R06ERT WILBERGER RANGE 50-60 125 CHRISTOPHER RUSSELL 125 LNDSEY KILLER 125 AJLIE EDWARDS 155 KAY GALLtGAN 1-GO BEATTA CHUID09INSK! MATT BRINKMAN SUZANNA REED GIRIA BRIGENO 170 ERICK MODEN 155 RAIN CARLSON 155 REBECCA GREEK ISO KELLY JERNIGAN 145 HIUARY LEWIS 130 JESTIN GIECK AMANDA JOHNSON JEONG YOON JENNffFR DAVIS DANIEL FLORS L5 DARCY VERTUCK 125 DAVID WILT 125 125 $A INTERIOR DESIGN 115 RANGE 110 - 140 115 KRISTN SPNEY Its KATH RYN JAIIAK 115 MICHELLE UESUNG Its SUSAN KOHUNI 115 BRIAN HELTSHE 115 110 110 110 100 100 100 ISO 10D 145 120 110 105 95 90 90 90 90 90 90 90 BS so 75 TD TO 70 6s as 65 65 65 is 65 65 65 65 50 50 50 so 50 140 130 125 /20 110 PLAHI@NGAIRBAH DESIGN RANGE 156 NANCY BLACKWOOD NTERIOR DESIGN RANGE 50 - 70 SHELLY COCKRELL EMILY COLEY ERICA KTTCHNGS MARGARETSEt AILENN DESANITS SHERRI EYSTER MEGAN FRECKELTON CHRISTINE HEADLEE POSIPROJECT DELIVERY SERV RANGE 90-176 SUOTHOMPSON JAM.ES THIES CONTRACT AOM005TRATORS Z-�41Ul0 SUPPORT STAFF RANGE 45 -126 TAMARA BUJAKOWSKI MARTIN CALDERON scorn MCKS JESSICA OSTERMtCK JAMES A CREVISTON CHRIS DOIFZAL JASON CLARK KATKLEEN ANDRES BRADY FOX ERI N AULT DARCY BRUINO CMST04E ELDRIDGE LE41J5 UAFflUEZ SHELLY LOU MCCLEARY REBECCA BLMQA IR LARA CONLEY MARK MOSLEY KATHERINE MHUTCHNGS HEATHER M DALY JEU WMG VIEROJJ AUTUMN GETZLAFF 155 90 TO TO E5 65 50 SO 5D 175 90 M2 125 115 100 too 100 IOD 90 ICI m EO 65 65 65 E5 ES 65 6S 55 55 `0 50 45 Ambient Energy — LEED Consulting: President/Principal/SDS Team Lead $170/hr Principal/BPE Team Lead $150/hr Project Manager $140/hr Senior Sustainable Design Specialist $120/hr Green Materials Specialist $1151hr 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 Technology Plus. Inc. —Telecom/Data/Securi Project Manager/Principal-in-Charge $150/hr Lead Design Consultant $1301hr Security Engineer $130/hr CAD Operator $70/hr Administration $60/hr _C_ummina. 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, h7 c. 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 i,625 sq. fl. of additions and a remodel of die existing 34.600 sq. ft. building which opened in 1976. The additions will consist of first floor infill beneath existing second floor overhangs. The estimated construction budget is $3-3.1 million. Compensation for our Base Services shall be: I. A lump sum fee of Ten Thousand Six Hundred Twenty Five dollars ($10,625). 2. Reimbursable expenses are included in the above hunp sum fee. 3. The structural design documents will be prepared using Revit at no additional cost. Pavmcnts for base services in each design phase shall total the following: Design Development $2.500 Construction Documents $4.375 Construction Administration $3.750 TOTAL $10.625 Our current standard hourh rite schedule is: Principal $ISO Associate: $120 Project Manager: $105 Project Engineer: $105 Engi nee r (Licensed): $ 95 Structural Desiener $ 85 Engineering Intem: $ 70 Clerical: $ 60 1A.E. Grouri, Inc. Scope of Work Agreement - Poudre River Public Library District Remodel Expansion Article V11. 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: Clerk/Technical Typist $60.00 DraftspersontTechnician $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/SeNor 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 $164.00 Principal 3 $195.00 struction and Expert Testimony Hourly Rate 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 Wit 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 Parry 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. C2at9d ar 61122'2110 629A0 Rf hNal hare. _ TG 1 \ L V 1 design green NOLTE ASSOCIATES, INC. Rocky Mountain Region 2010 Charge Rates Schedule Office: Technical Services Project Assistant......................................................................... Engineering Aide/Planning:fide.............................................. ComputerAnalyst........................................................ .........._. Project Administrator_........._.................:...._............................. CADDTech I................................ ........................................ CADDTech II .......................... . --........................................... CADDTech III .................... .................................................. Senior CADD Desiguer/Tech................. ......................_.......... Professional junior Surveyor.......... ----....--------- ......................... Assistant Surveyor....................................................... Associate Surveror.................... ..... .. ....................... Senior Surveyor ...................... .......................... Survey Manager ........------------.._......-- . ---- ........ junior Engineer/Planner........................................... Assistant Engineer/Plcaner ...................................... Associate Engineer/Planner..... ............................. - Senior Engineer/Planner........................................... Manager....................................................................... Associate- ................. . ..........._......._......... -- Field: Construction Management junior Field Engineer ......................... ............._............... ----..._----- Assistant Field Engineer ............................................. ................ Associate Field Engineer ....... .. .. .............................................- Senior Field Engineer....._ ....................... . ........................ -- Construction Ilianaeer........... .... ---................................. .........._.... $58.00/hour $72.00/hour . $76.00/hour $81.00/hour $69.00/hour $84.00/hour $95.00/hour $104.00/hour $81.00/hour . S92.00/hour $103.00/hour $114.00/hour $135.00/hour . $92.00/hour $104.00/hour 5116.00/hour S132.00/hour $151.00/hour S163.00/hour S 189.00/hour $S 1-00/hour $9200/hour $101.00/hour $114.00/hour $145.00/hour Surveying I -Person Field Crew (GPS)(Robotic)........................................................................................ $117.00/hoar 1-Person Field Crew........................._................................._............................................ $106.00/hour 2-Person Field Crew --- ............................................................................................................. --- $146.00/hour 3-Person Field Crew ............. ....... -............ -............. ............................. .......................... ............_ $198.00/hour Chiefof Parts .............- ..----......._............_............................................................................. -. $83.00/hour InstrumentPerson ........... ..................... ---_................. .. ....................................................- S64.00/hour Expenses: Plotting and In-house Reproduction.....- ------ ............................ .......................... ........ ........... -...... 1.15 s Cost Subsistence........ ............................ ---....................._............. ................._.-- .................. --- 1.15 x Cost Other Expenses - Including Subconsultants & Purchased Services 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 beyond that date, a new rate schedule will be added to the contract- litigation support vill be billed at S300.00 per hour. 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. Employers 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. EXHIBIT E LANDSCAPE ARCHITECTURAL SERVICES FOR POUDRE LIBRARY MASTER PLAN Scope of Services Based on discussions with the Client, Riley & Associates currently understands the project to consist of preparing a Master Plan to guide future upgrades, additions and changes to the landscape, hardscape and site amenities associated with the Library in Library Park. Specific tasks and associated fees are as follows: Task Description Fee Document and evaluate existing conditions: $ 3,500.00 Conditions and effectiveness of existing hardscape areas Conditions and effectiveness of pedestrian/bicycle linkages Conditions and effectiveness of existing lighting Existing condition and sustainability of the landscape including existing perennial gardens Existing condition and utility of bicycle parking area Existing condition and appropriateness of seating areas Sculpture, art and/or memorials in the landscape Review special events that happen in the park and how spaces are used Mapping and identification of existing trees Prepare a Master Plan document that addresses the following: $3,500.00 Entry plaza and pedestrian linkages Plant material and special gardens Hardscape materials, street furniture and lighting Locations for existing and future sculpture, art and/or, memorials Prepare three sketch alternative concepts Review with the Board and select best alternative Master Plan Component Delineation $1,500.00 Delineate master plan components that correlate to logical projects designed to implement the Master Plan to assist in fund raising efforts Provide opinion of construction costs for components Meetings $2,200.00 Meetings with the Board for design input and feedback (3) Coordination meetings with the Director (2) Neighborhood Community meetings (1) Meetings with other City representatives or user groups (2) Prepare illustrative color rendering of Master Plan $1,500.00 Total $12,200.00 Assumptions 1. The proposed work is for the portion of Library Park owned by the Poudre River Public Library District. 2. The primary contact for the proposal will be the Director, Holly Carroll. Communications and directions shall be through her. 3. Existing tree locations and identification not on the existing survey will be provided by the Client. 4. The Client will handle notification and coordinate neighborhood/community meetings. 5. Client will provide historical data regarding history of the park and memorial tree information. It is assumed that the historical significance of Library Park will be respected by the Master Plan. 6. Design changes to the existing irrigation system are excluded from this master plan. Work Not Included The following services have been excluded from our scope of services. The client may request these or other Additional Services. 1. Landscape Construction Documents 2. Irrigation Design/Documents 3. Structural Design/Documentation Additional Services Prepare a perspective rendering of Library entry illustrating proposed changes $1,500.00 While we have made a conscientious effort to make the Scope of Service as complete as possible, changing or unforeseen conditions may necessitate additional work. This work will not be undertaken until we have your written authorization to proceed. Other additional services requested by the Client that are not in the Scope of Services will be provided on an hourly basis using the billing rates outlined below plus reimbursable expenses. Billing Rates Principal $135.00 Project Manager $ 80.00 Designer / Design Technician $ 70.00 Administrative $ 40.00 Billing rates may be adjusted annually. Additional services of consultants shall be billed at cost plus 15 percent. Reimbursable Expenses In addition to our basic fee we will invoice for the following reimbursable expenses at cost plus 15%. Reimbursable expenses include but are not necessarily limited to expense of reproductions (including bid documents) and mylar/bond/color plots; postage and handling of drawings, specifications and other documents; models, photographs, and marketing materials; expense of transportation and out of town travel; Long-distance communications; and fees paid for securing approval of authorities having jurisdiction over project. Professional: With Copy to: OZ Architecture City of Fort Collins, Purchasing Attn: Jim Bershof PO Box 580 3003 Larimer Street Fort Collins, CO 80522 Denver, CO 80205 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 as per Exhibit "D" consisting of one (1) page and incorporated herein by this reference. 2 ACQRD® CERTIFICATE OF LIABILITY INSURANCE I`� DATE(MM/DD/YYYY) 1 5/24/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. 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). PRODUCER Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 CONTACT NAME: PHONE FAX AIC No Ext: - - A/C No: - - E-MAIL ADDRESS: PRODUCER CUSTOMER ID p: OZARC INSURER(S) AFFORDING COVERAGE NAIC 9 INSURED INSURER A: Travelers Insurance 0 OZ Architecture of Denver, Inc. 3003 Larimer St. INSURER B:Hartford Insurance Group0 INSURER C: Evanston Insurance Company Denver CO 80205 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:216279680 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MADDLSUBR M/LDD//YYYY MFF M�D/YVXYY LIMITS A GENERAL LIABILITY Y Y 680525OL363 10/l/2010 10/l/2011 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occunence $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR MED EXP(Any one person) $10,000 PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY Y Y BA5335L402 10/l/2010 10/l/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(PW person). $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ X NON -OWNED AUTOS $ A X UMBRELLA LIAR X OCCUR Y Y CUP3391T130 10/1/2010 10/1/2011 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ X $ RETENTION $10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTIVE Y 34WEGNX4686 10/l/2010 10/l/2011 WC STATU- I DTH- FIR E.L. EACH ACCIDENT $1, 002'000 OFFICERIMEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1 $1,000,000 C Professional Liability ALE820031 11/l/2010 10/l/2011 Per Claim $2,000,000 Claims Made Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) 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 See Attached... The Poudre River Public Library District Attn: Holly Carroll PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J/ /�Q�j�� 1QRR.7DnQ ACORn CnRPnRATInNI All rinhfa raQa"ad ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ACORO® `� AGENCY CUSTOMER ID:OZARC LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Van Gilder Insurance Corp. NAMED INSURED CZ Architecture of Denver, Inc. 3003 Larimer St. Denver CO 80205 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE tomobile Liability; and Additional Insured under Umbrella / Excess Liability but only with respect to ability arising out of the Named Insured's work performed on behalf of the certificate holder and owner. is insurance will apply on a primary, non-contributory basis. A Blanket Waiver of Subrogation applies r General Liability, Automobile Liability, Umbrella/Excess Liability and Workers' Compensation. Limited ntractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over e General Liability, Automobile Liability and Employers Liability. ditional Insured: Poudre River Public Library District and the City of Fort Collins. ACORD 101 CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 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 Phases 2-3 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 Two Hundred Sixty -Seven Thousand Seven Hundred Eighty -Eight Dollars ($267,788.00) plus reimbursable direct costs: All such fees and costs shall not exceed Three Hundred Eight Thousand Seven Hundred Thirty Dollars ($308,730.00). The parties acknowledge that the sub -contractors: Ambient Energy, K2Audio LLC, Technology Plus Inc., KL & A, ME Group, Nolte, Ripley Design Inc, CTL/Thompson, 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. Proiect 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 4 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. 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 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 E 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. 9 VER PUBLIC lIB RY DISTRICT DIRECTORS PR SIDENT, t I L" POUDRE RIVER PUBLIC LIBRARY DISTRICT ACTING THROUGH ITS AGENT CITY OF FO COLLINS, COLORADO a mu ' al co ora ' n By' - -- �� Jame B. O'Neill I , CPPO, FNIGP Pgri erector of Purchasing & Risk Manage ment Date: -------- L_------- SIDFNT Dater --_��%J-�----- ATTEST: (Corporate Se3I) CORPORA E i RETARY K i 7 EXHIBIT A SCOPE OF WORK Poudre Library Public Library District, Main Library Expansion and Remodel Phase 2 - Final Design and Construction Documents 1. Prepare revisions to the current schematic design to upgrade the existing public restrooms on both floors to address ADA compliance and finish upgrades to be comparable to the overall project updates, and to revise the -current main entry doors and exterior wall configuration to address traffic flow and security issues. 2. Prepare final plans for library building expansion and remodel, as described in the request for proposal with the exception that, the: project not be designed to LEED Gold standards, including floor plans, elevations structural, architectural details and finishes, mechanical, electrical and fire protection. The plans will include energy efficiencies and other environmentally responsible measures throughout the project, but outside of a formal LEED process. 3. Utility Coordination — Develop final utility service requirements for library building including HVAC, electrical, fire protection, etc. Prepare site utility plans showing existing and proposed utilities. 4. Landscaping/Urban Design — Prepare final landscape plans including final planting plans and details, irrigation plans and modifications as necessitated by the building expansion, location of street furniture and other appurtenances related to the Main Library expansion and remodel. Prepare Library Park Master Plan as detailed in the Ripley Design, Inc., proposal dated May 3, 2011, "Landscape Architectural Services for Poudre Library Master Plan" (Exhibit E.) 5. Storm Drainage — Prepare final, grading, drainage and erosion control plans including plan and profile of storm drainage systems, drainage and erosion control details, detention pond and water quality design as needed. 6. Prepare final plan package including building plans, site plans, utility plans, grading and drainage plans, landscape plans, "special provisions and final cost estimate. 7. Submit final plan package and conduct final plan review meeting with City staff and other referral agencies. 8. Document plan revisions, revise and resubmit record set of final plan package. 9. Project management services from design development through construction documents. Phase 3 Construction Contract Administration and Design Support Provide all customary design support and contract administration services from construction bidding phase through project close-out, such as, but not limited to, submittal and product review, change order and application for payment review & certification, issue ASI's, respond to RFI's, address any other construction design criteria and coordinate construction close-out with the owner. No Text