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HomeMy WebLinkAbout439705 BELFORD WATKINS GROUP LLC - CONTRACT - RFP - 7477 ARCHITECTURAL & ENGINEERING SERVICES FOR POUDPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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", as agent, on behalf of the Poudre Fire Authority (PFA), and Belford Watkins Group, 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 any project Work Orders for 7447 Architectural & Engineering Services for Poudre Fire Authority, issued by the City. A blank sample of a work order and an overall scope of services are attached hereto as Exhibit "A", consisting of two (2) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence February 1, 2013, and shall continue in full force and effect until January 31, 2014, unless sooner terminated as herein provided. In addition, at the option of the City or PFA, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 1 of 13 PURSUANT TO AN AGREEMENT BETWEEN THE POUDRE FIRE AUTHORITY AND BELFORD AND WATKINS GROUP DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. City of Fort Collins Project Manager By: ------ -------- Tom Demint, Fire Chief The attached forms consisting of --- (-) pages are hereby accepted and incorporated herein, by Date: this reference, and Notice to Proceed is hereby given. Professional M Date: By: ----------- --- James B. O'Neill Il, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 10 of 13 OVERALL SCOPE OF SERVICES Professional planning, civil, structural, mechanical, environmental, sustainability electrical, lighting, and interior design professional services and architectural and engineering services related to the design and construction of new fire stations and the renovation of existing facilities. PFA desires to have the professional firm provide the denoted services. The types of work ordered may include, but not limited to: site analysis; space planning and management, concept design, design development, construction documents, cost estimating, construction administration, geotechnical, sustainable practices and environmental assessments and reports. New stations will be similar in design to the "prototype" Fire Station Four located at 1945 W. Drake. Professionals may also perform services on a work order contract related to the renovation of current PFA facilities. The actual amount of work to be performed, the time of such performance and the location of work, will be determined by the Project Manager who will issue formally executed work orders or contracts. The only work authorized under this contract is that which is performed after receipt of such work orders or contracts. The PFA makes no guarantee as to the number of work. orders or actual amount of services which will in fact be requested. The PFA works through the City of Fort Collins Facility Services which has Auto- CAD-2004, 2007, 2008 and 2012. Therefore, the hired firms must have the capability of providing us appropriate drawings on disks which can be read by AutoCAD. For space management, the City uses "FM:Space-Mgt." software by FM:Systems. Construction documents will be prepared using the CSI format and the City of Fort Collins modified EJCDC General Conditions and City standard contract documents. These documents will be provided by the City of Fort Collins. Projects located within the boundaries of the City of Fort Collins may be subject to the City's Land Development Process. A detailed Scope of Work for each project and exact services desired will be developed during the work order process. Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 11 of 13 EXHIBIT B COMPENSATION HOURLY RATES Belford Watkins Group Principal $115.00/hr Project Coordinator $100.00/hr Project Architect $ 80.00/hr CAD Technician $ 60.00/hr Clerical $ 45.00/hr AE Associates Project Managers $135.00/hr Engineers $115.00/hr Designers $105.00/hr CAD Terhnirian $ 70.00/hr CSE Consultants Project Manager $ 90.00/hr Project Engineer $ 80.00/hr Drafting $ 50.00/hr Administrative $ 30.00/hr RJ McNutt and Associates Principal $115.00/hr Engineer S 95.00/hr Designer $ 80.00/hr Cad Operator $ 60.00/hr Clerical $ 45.00/hr interest Consulting Group Principal $130.00/hr Sr. Project Manager $111.00/hr Project Manager $106.00/hr Sr. Project Engineer $ 98.00/hr Project Engineer $ 93.00/hr Design Engineer $ 85.00/hr CAD Technician $ 75.00/hr Clerical $ 57.00/hr Greenscape Designs Principal Landscape Architect $130-00/hr Senior Landscape Architect $110.00/hr Junior Landscape Architect $ 90.00/hr Draftsman $ 80.00/hr Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 12 of 13 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider'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 Service Provider shall maintain during the life of this Agreement for all of the'Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider 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 Service Provider 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. Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 13 of 13 No Text CERTIFICATE OF LIABILITY INSURANCE I ^DATE (MM DD YYYY) 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 policy(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(sl. PRODUCER Van Gilder Insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 NAIC # INSURED BELWAT Belford Watkins Group, LLC PO Box 1306 Fort Collins CO 80522 INSURER F : COVERAGES CERTIFICATE NUMBER: 166679680 REVISION NUMBER:1 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 INSR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS B GENERAL LIABILITY Y Y 34SBAPM7802 /8/2012 /8/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY AMA RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE O OCCUR MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO-ECT r LOC I I $ B AUTOMOBILE LIABILITY Y Y 34SBAPM71102 /8/2012 /8/2013 Ea accident41917-- $1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS X AUTOS B X UMBRELLA LIAR X OCCUR Y Y 34SBAPM7802 18/2012 /8/2013 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAR CLAIMS -MADE LIED X I RETENTION$10,000 $ WORKERS COMPENSATION V&STATU- OTH- AND EMPLOYERS' LIABILITY Y / N I ITI ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNEWEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability N Y DPS1619167 /15/2012 /15/2013 $1,000,000 Per Claim Claims Made $1,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more apace is required) As 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 basis. A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability and Umbrella/Excess Liability. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over the General Liability See Attached... City of Fort Collins 215 N Mason Fort Collins CO 80522 I -A 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 o Awl� (9 19BB-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BELWAT ACORO® L i LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Van Gilder Insurance Corp. NAMED INSURED Belford Watkins Group, LLC PO Box 1306 Fort Collins CO 80522 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 Automobile Liability. Ided as Additional Insured: City of Fort Collins ACORD 101 (2008/01) i1 ZUU0 AL UKU L UKrUKA I IUIV. All 1-191I{b 111361 V@U. The ACORD name and logo are registered marks of ACORD 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. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City or PFA 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 address: Professional: Poudre Fire Authority: With Copy to: Belford Watkins Group Poudre Fire Authority City of Fort Collins Attn: Don Watkins Attn: Gary Nuckol Attn: Purchasing 231 S Howes Street 102 Remington Street PO Box 580 Fort Collins, CO 80521 Fort Collins, CO 80524 Fort Collins, CO 80522 In the event of any such early termination by the City or PFA, 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. 6. Design, Project Insurance 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, the PFA, their officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 2 of 13 S The Professional shall maintain commercial general liability insurance and name the City and the PFA as an additional insured sin the amounts of $500,000 combined single limits and errors and omissions insurance in the amount of $ 1,000,000, in accordance with the attached Insurance Requirements described in Exhibit "C" consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. The parties acknowledge that the sub -contractors 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 "B" 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 "B" including subcontractor rates. 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. 8. City Representative. The City or the PFA 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 Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 3 of 13 interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, 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. 11. 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. 12. 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. 13. 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 Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 4 of 13 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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 Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 5 of 13 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 Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 6 of 13 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. Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 7 of 13 ATTEST: �" SEAL City Clerk/cyleF P RO S TO FORM: stan ity ttorney THE CITY OF FORT COLLINS, COLORADO By: J mes B. O'Neill II, CPPO, FNIGP lbireetor of Purchasing & Risk Management Date: Z 2 11 POUDRE FIRE AUTHORITY By. Tom DeMint, Fire Chief Date: a7-cQ`7-aU)3 /s��:t1►L.Ye3.��1�1� - 11�!��s11QA'�'1C�utwc�/ ATTEST: _ ✓L� (Corporate Seal) Corporate Secre ary Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 8 of 13 EXHIBIT "A" WORK ORDER FORM Professional Services Agreement RFP 7447 Architectural & Engineering Services for Poudre Fire Authority Page 9 of 13