Loading...
HomeMy WebLinkAbout366746 OHLSON LAVOIE COLLABORATIVE - CONTRACT - RFP - 7369 EDORA ICE & POOL CENTER EFFICIENCY STUDYPROFESSIONAL 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 OHLSON LAVOIE COLLABORATIVE, 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 ( 2 ) pages, and incorporated herein by this reference, including a schedule for delivery of services. 2. Contract Period. This Agreement shall commence August 15, 2012, and shall continue in full force and effect until November 15 , 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 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. (Professional: City: With Copy to: Ohlson Lavoie City of Fort Collins City of Fort Collins IXttn: Donaldo VisaniAttn: Steve Strickland Purchasing 616 E Speer Blvd PO Box 580 PO Box 580 Denver, CO 80203 Fort Collins, CO 80522 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. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. EXHIBIT "C" STANDARDS (Preliminary List) 1. State of Colorado Pool Regulations (5 CCR 1003-5, Swimming Pools and Mineral Baths) 2. 2012-2013 NFHS (National Federation of State High Schools Association) Swimming, Diving and Water Polo Rules 3. 2012 USA Swimming Regulations 4. 2011-2013 NCAA Men's and Women's Swimming and Diving Rules 5. City of Fort Collins building codes 6. 2009 International Codes (IBC, IMC, IPC, etc.) with amendments 7. Accessibility: CRS 9-5, ANSI 117.1-2004 and 2010 ADA 8. ASHRAE: 1. Standard 62 2. HVAC Systems and Equipment 2012 — 25.5 3. HVAC Applications 2011 — 5.6 4. 90.1 (energy standards) 9. Model Health Aquatic Code (compare modules) 10. Design Team internal standards (OLC, M/M, TBG, B`K) 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 ($37,530 ) plus reimbursable direct costs. All such fees and costs shall not exceed ($5,000 ). 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 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 orders, and other clarification or instruction shall be directed to the City Representative. 7. Project Documentation and Drawings. Any reference to code standards within the investigation or report shall be from one or more of the code standards listed in Exhibit "C" — Standards. 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 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. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting 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. 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. 16. 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 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, 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B" -Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By:— y 4a es B. O'Neill II, CPPO, FNIGP Directo f Purchasing & Risk Management DATE: 14 ATTEST /aall� Tuk ORT City Clerk A,Al PROV TO FORM: U SEAL •' �C Assista t- it At rney CpLORP� Ohlson Lavoie Corporation d.b.a. Ohlson Lavoie Collaborative 0 Hervey R. Lavoie Title: President Date: September 30 October 22, 2012 ATTEST: (Corporate Seal) Corporate Secretary %. CON N��'��`�dfIJ0961"•• i i CIO ••.�imNlf9dl� EXHIBIT "A" SCOPE OF WORK PROJECT DESCRIPTION The City of Fort Collins, Operation Services Department, is seeking proposals that will evaluate the existing Edora Pool and Ice Center (EPIC) indoor swimming pool facility for structural integrity, equipment operational integrity, and operational efficiencies. The successful proposal will provide the City with an understanding of any current deficiencies in pool water system and heating, ventilation, and air conditioning (HVAC) design for the facility, how these deficiencies can be corrected, and budget costs for the purposed items. The proposal will address, where the infrastructure needs to be to meet current pool standards and attain a recently built pool energy and operational model. Define the "standards" used and why these are used. Address IAQ and water quality issues that have been documented about the facility from users and City Staff. These issues range from questionable air flow at the surface level of the pool, fresh air volumes, excessive heat in bleachers, water turnover rate, and water distribution to the main pool. SCOPE OF PROJECT Onsite consultation meetings with staff and City Officials: Site Audit: 1. Facility structure and equipment assessment — pool water side and HVAC 2. Pool structure and design — settling, use of movable bulkhead, swim meet setup process, traffic patterns, and pool as it relates to balance of the building. 3. Pool code compliance. Insure standards are clearly defined by pool code matrix or chart 4. Operational/maintenance staffing Efficiencies and Plan 5. Current maintenance needs/future maintenance needs or upgrades 6. Analysis of bather loads, swim meet needs (bleacher loads), with emphasis on how best to meet the needs of various swim groups and cliental. 7. Video-taped smoke and dye test of air flow patterns (natatorium) and water circulation patterns (main pool only) using current operational parameters. 8. Air flow issues, design deficiencies, HVAC analysis, values at approximately 20" off the main pool water surface (chloramine removal potential). 9. Water flow/turnover issues, design deficiencies, chemical delivery system, filtration, and pool equipment analysis (pumps, filters, heat exchangers, manifolds, etc.). Deliverables: 1. Provide a written narrative of current conditions 2. Provide a report as requested in PROJECT DESCRIPTION with preliminary budget and breakout of costs for each system (HVAC, Pool structure, and water quality). 3. Prioritize each repair activity as it pertains to cost, effectiveness in solving existing issues, and energy saving potential. 4. Clearly define "design standards used" and how they address resolving of issues reported on. EXHIBIT "B" TASKS AND SCHEDULE STEP 1: INFORMATION GATHERING 1. Find most current drawings 2. Review existing data/information 3. Identify city goals and parameters 4. Detailed site inspection by all professionals 5. Define Step 2 tasks and schedule Timeframe: Approx 2 weeks. STEP 2: TEST AND ANALYSIS 1. Maintenance Program Review: (Ballard*King) a. Maintenance recommendation/prioritization i. Conduct meeting between user groups, recreation staff and facilities. ii. Review and assess program and special events requirements b. Develop maintenance standards i. Operating structure and parameters ii. Philosophy of operation iii. Priorities of response iv. Water temp standards v. Special event set up 2. Occupancy Analysis (OLC/ B*K) a. Meet requirements b. Code requirements 3. Architectural (OLC) a. Building Envelope Analysis i. Exterior wall ii. Interior surfaces iii. Deck equipment b. Accessibility Code compliance c. Interior finish conditions 4. Aquatics (OLC) a. Shell review b. Mechanical and Treatment Systems c. Deck equipment d. Bulkheads e. Accessories 5. HVAC (The Ballard Group) a. Energy Efficiency (The Ballard Group/OLC) b. Evaluate the existing system based on new code requirements, energy efficiency requirements and natatorium design criteria. c. Recommendations to increase the total natatorium airflow, quantities required and system changes to accommodate. d. Recommendations to increase the ventilation airflow provided to the natatorium during all modes of operation, airflow quantities required and system modifications. e. Recommendation for immediate chloramines mitigation. f. Provide for low return near the pool deck. g. Separate the spectator area space conditioning from the natatorium by providing a new dedicated air handling unit for the spectators. h. Explore possibilities for a fast chloramines removal system near the pool surface. i. Provide exhaust fan modulation for space pressure control. j. Relocate purge exhaust fan outlets. k. Address any plumbing improvements and code deficiencies. 6. Structural (Martin/Martin) a. Pool Shell b. Structural Integrity of Envelope Timeframe: Approx 3-4 weeks STEP 3: PREPARE REPORTS 1. Synthesize results 2. Define options and budgets (apples to apples) 3. Prepare Report Timeframe: Approx 2 weeks 4. Submit Final Report Total Timeframe: Approx 8 weeks EXHIBIT "B" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.