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HomeMy WebLinkAbout507583 BARKER RINKER SEACAT ARCHITECTURE - CONTRACT - RFP - 7456 NEEDS ASSESSMENT FEASIBILITY & CONCEPTUAL DESPROFESSIONAL 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 Barker Rinker Seacat 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 six (6) pages, and incorporated herein by this reference. 2. Contract Period. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than July 31, 2013. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Barker Rinker Seacat Architecture City of Fort Collins City of Fort Collins Attn: Steve Blackburn Attn: Bob Adams Attn: Purchasing Dept. 3457 Ringsby Court, Unit 200 PO Box 580 PO Box 580 Denver, CO 80216 Fort Collins, CO 80522 Fort Collins, CO 80522 Professional Services Agreement Page 1 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for. Potential Southeast Community Center 1.3 Project Team Workshop #1 - Project Vision and Programming Mid -April . EIRS Meeting with COFC Staff: • Schedule and timeline discussion • Project vision, goals and objectives • Identify project constraints and parameters • Discuss potential partners • Current and Future demands with the community • Preliminary Program Review Discussion • Participatory activities with Project Committee for project input to include: • National slide tour of similar community recreation facilities to give committee a visual picture of the potential program components • Play BRS 'Program Card Game" for program building components as a data collecting device, build a wish list and to build consensus among diverse parties (game to include sizing and space allocation requirements for each program component area to meet current and future demands within the community) • Citizen Input Participation Plan • Review results from stakeholder interviews • Review on-line Citizen Survey results • Discuss priorities and phasing possibilities • Visit and review Fossil Creek Park site • Discussion of Market Analysis • Review documentation of previous discussions and recommendations • Review and discuss preliminary findings including service area, demographics, existing facilities/programs/ services, national and regional benchmarks, market segments and survey • Discuss impact of program and plan alternatives on BKA preliminary feasibility assessment • Optional: Tour existing area recreation and cultural Committee arts facilities on the front range 1.4 Work Period #2 - Program Refinement and Site Evaluation Mid -April to ' Develop preliminary program plan based on all input BRS Mid -May from Workshop #1 • Develop list of proposed program spaces and area (SF) requirements Duration: 4 - Develop preliminary capital costs for each program Weeks space • Create a detailed program description for each space with capacities, FF&E needs, relationships, finish requirements, and mechanical and electrical Professional Services Agreement Page 10 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center requirements • Diagram of each major program area • Develop site opportunities and challenges diagram of BRS/LS the site • Gather results and analyze on-line public opinion BKA survey • Develop preliminary operations and revenue plan BKA 1.5 Proiect Team Workshop #2 - Program Refinement/ Construction Costs Mid -May • Project Program and Budget Committee COFC Staff, . Review draft Project Mission Statement BRS, LS, • Development of preliminary program consensus KDA, WTI One day - 2 (Confirm programming decisions) events . Discuss program areas that may be impacted by community stakeholder input • Review and discuss project budget and construction costs • Discuss aquatic features and programming • Present site opportunities and challenges diagram of the Fossil Creek Park site Community Open House or early meeting w/ P&R and Cultural Resources Boards • Review Alternative Building Program Options • Review Alternative Program Plan Relationship Diagrams and suggest recommended modifications for further study to arrive at recommended floor plan • Display "what if' photographs and similar plans for other Community Centers and Cultural Arts Centers • Play Dot-ocracy Game as participatory exercise • Report on the Survey and Focus Groups 1.6 Work Period #3 - Building and Site Conceptual Design • With COFC approval of program, BRS will begin the COFC Mid -May to Concept Design mid -June • Create preliminary alternative program plan BRS relationship diagrams. • Create preliminary alternative site relationship LS Duration: 4 diagrams for review Weeks • Create conceptual design building drawings for Community Center and site master plan • Prepare architectural character slide show highlighting: • Regional and local architectural influences • Buildings of similar use, size and scale • Create a 3-dimensional computer massing model to illustrate the scale and functions of the various Professional Services Agreement Page 11 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center program elements 1.7 Proiect Team Workshop #3 - Building and Site Committee Conceptual Design COFC Staff, BRS • Discuss deliverables listed below Mid -June ' Review preliminary building program options • Review floor plan alternatives and site plan and suggest recommended modifications for further study to arrive at . recommended floor plan • Review Project Architectural and Construction Cost Budget Model against goals • Review Architectural Character slide show • Review 3-Dimensional building massing model Deliverables: • Meeting Minutes • Revised building program • Floor Plan Alternatives • 3-D Massing Model • Site Plan Alternatives • Project Architectural and Construction Cost.Budget Model • With Staff and Committee, present a slide presentation of building character potential. Images of comparable buildings giving a wide range of ideas for what the Community Center may look like 1.8 Work Period #4 - Refine Concept Design/ Final Feasibility Report • Develop architectural character for the facility BRS • Update Overall Construction and Project Budget Model Duration: 2 • Update Preliminary Operational Proforma to reflect BKA Weeks recommended program • Update all work products base on input received • Prepare final draft of operational plan including • Facility Programming & Space Usage • Operational Cost Analysis & Proforma • Facility Management Options & Staffing Models • Attendance Estimates • Fee Structure & Sources of Income • Operating cost projections • Revenue generation projections • Revenue / expenditure comparisons • Project recommendations / profitability of components • Prepare final draft of Concept Design include: BRS • Project Design Description Narrative • Project Program of Spaces • Project Architectural and Construction Cost Budget Model Professional Services Agreement Page 12 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center • Conceptual Site Plan • Recommended Floor Plan(s), Building Elevation(s), and Artist's rendering perspective drawing(s) • Prepare PowerPoint Presentation of draft final "Conceptual Design" Deliverables: • Meeting Minutes • Recommended Building and Site Program • Conceptual Site Plan • Conceptual Floor Plan(s) • Conceptual Building Elevation(s) • Project Architectural and Construction Cost Budget Model • Updated Operational Proforma • Create Marketing Promotion Tool: Computer animation "fly -around / fly -through" video (Windows Media File): Optional service not included 1.9 Workshop #5 - Public Presentation of Study Committee • Public presentation of Needs Assessment, Feasibility COFC Staff & Conceptual Design • Discuss Next Steps for Project Implementation BRS (2) Deliverables: BKA Mid -June to • Final Conceptual Design with Graphics Package Late June • Five color copies of the Feasibility Report detailed June 30, comprehensive summary delivered to COFC 2013 • An unbound reproducible original copy of all documents • A digital version (PDF) of all documents • A printed and digital copy of a PowerPoint version of the Final report shall also be provided to the City of Fort Collins. Legend: COFC: City of Fort Collins BRS: Barker Rinker Seacat Architecture BKA: Ballard*King & Associates LS: Logan Simpson WTI: Water Technology, Inc. Professional Services Agreement Page 13 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center EXHIBIT B COMPENSATION Work Activity Description A. Needs Assessment BRS BKA LS WTI Total • Personnel Hours 37 106 0 0 • (x) Average cost / hour $176 $125 • Sub -Total Fee $6,512 • Total Other team consultants fees market/ survey) $13,200 . (+) 10% Consultant Mark Up $1,320 . Total Needs Assessment Fee $21,032 B. Space Use Plan BRS BKA LS WTI Total • Personnel Hours 37 4 0 27 • (x) Average cost / hour $175 $125 $105 • Sub -Total Fee $6,512 • Total Other team consultants fees market/ survey) $500 $2,835 • (+) 10% Consultant Mark Up $334 . Total Space Use Plan Fee $10,181 C. Conceptual Plan BRS BKA LS WTI Total • Personnel Hours 96 0 32 39 • (x) Average cost / hour $176 $100 $105 • Sub -Total Fee $16,896 • Total Other team consultants fees market/ survey) $3200 $4095 . (+) 10% Consultant Mark Up $730 . Total Conceptual Plan Fee $24,921 D. Pro -Forma Budget BRS BKA LS WTI Total • Personnel Hours 4 62 • (x) Average cost / hour $176 $125 • Sub -Total Fee $704 • Total Other team consultants fees market/ survey) $7,750 . (+) 10% Consultant Mark Up $775 • Total Pro -Forma Budget Fee $9,229 E. Personnel Cost ( Sum of A-D above $65,362 F. Travel and Subsistence Expenses BRS BKA LS WTI Total • Travel Expense $500 $1,000 $0 $1,570 Professional Services Agreement Page 14 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center • Misc. Expenses (printing, electronic communications $1000 $0 $0 $0 . (+) 10% Administrative Mark -Up $407 • Total Travel and Subsistence Expenses $4,477 G. Subcontractor cost (see item E) H. Other Costs (none) I. Total Cost for Needs Assessment, Feasibility and Conceptual Design Phase $69,839 Legend: COFC: City of Fort Collins BRS: Barker Rinker Seacat Architecture BKA: Ballard*King & Associates LS: Logan Simpson WTI: Water Technology, Inc. Professional Services Agreement Page 15 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center ADDITIONAL SERVICES BILLING RATE CATEGORIES AND REIMBURSABLE EXPENSES (Effective Jan 1, 2013) A. Compensation shall be made to Barker Rinker Seacat Architecture, P.C. for the time of the Principals and Staff at the following Billing Rates: Principal $205/hour Project Manager $120/hour Job Captain $115/hour Project Designer $102/hour Architectural Intern $72/hour Administration $120/hour B. Services of Professional Consultants are billed at a multiple of one point one (1.1) times the amount billed to Barker Rinker Seacat Architecture, P.C. Ballard°King & Associates Principal $125/hour Associat� $100/hour Logan Simpson Design Principal $180/hour Senior Associate $128/hour Landscape Architect $100/hour Landscape Designer/ Graphics $85/hour Administrative Support $65/hour Water Technology, Inc Principal/Project Leader $150.00/hour Project Manager $105.00/hour Project Designer $95.0Nhour CAD Technician $65.09hour Administrative $55.0Nhour C. In addition to compensation for time and the services of professional consultants, compensation shall be made to Barker Rinker Seacat Architecture, P.C. for the following reimbursable expenses, which will be billed at a multiple of one point one (1.1) times the amount billed to Barker Rinker Seacat Architecture, P.C.: 1. Expense of transportation and living when traveling outside the Metropolitan Denver area in connection with the project. Use of private automobile shall be billed at fifty- five cents ($.55) per mile. 2. Lonq distance phone calls, deliveries and shippinq, extraordinary mailinq expenses and fees paid for securing approval of authorities. 3. Printing, plotting and other document reproduction, brochures, contract documents and other special presentation expenses (e.g. renderings, finish models). 4. Electronic communications (Newforma, GoTo Meeting, etc.) D. Other expenses that are directly attributable to a project shall not be billed unless prior approval is obtained from the Owner. E. Payment due Barker Rinker Seacat Architecture, P.C. shall bear interest at the rate of one and one-half percent (1.5%) per month, commencing sixty days after the dale of tilling. Professional Services Agreement Page 16 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center Professional Services Agreement Page 17 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor 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 Contractor has agreed to perform, the Contractor 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 Contractor 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 Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor 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 Contractor 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 Contractor 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 Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor 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 Contractor understands and agrees that the City's remedies at law for a breach of the Contractor'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. Professional Services Agreement Page 18 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/110013 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(s). - PRODUCER Jan Gilder insurance Corp. 1515 Wynkoop, Suite 200 Denver CO 80202 INSURED Barker Rinker Seacat Architecture, P.C. 3457 Ringsby Court, Unit 200 Denver CO 80216 COVERAGES CERTIFICATE NUMBER: 15D30Rngg1 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 A DL INSR SUBR I MD POLICY NUMBER POLICY EFF IMMIDDIYYVV POLICY EXP MMIDD/YVYY LIMITS A GENERAL LIABILITY Y Y 34SBWPA9978 /20/2012 /20/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY AMA RENTED PREMISES IEa occurrence $1,000,000 MED EXP Any one person) $10,000 CLAIMS -MADE O OCCUR PERSONAL B ADV INJURY $1.000.000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $2,000.000 $ POLICY x PRO- LOC JECT A AUTOMOBILE LIABILITY Y Y 34SBWPA9978 /20/2012 /20/2013 Ea amirentl $1,000,000 BODILY INJURY (Per person), $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED x HIRED AUTOS X AUTOS PROPERTYDAMAGE Peraccident $ A X UMBRELLA LIAB X OCCUR Y Y 34SBWPA9978 /20/2012 /20/2013 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LIAB CLAIMS -MADE DEO IX I RETENTION$10,000 i $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWID(ECUTIVE YIN OFFICERIMEMBER EXCLUDED? FN] (Mandatory in NH) NIA Y 34WEGNX313B /20/2012 /20/2013 X I WCSTATU- Tk- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT 51.000.000 If yes, descntee under DESCRIPTION OF OPERATIONS below C Professional Liability Claims Made 1507552 /20/2012 /20/2013 Per Claim $1,000,000 Annual Aggregate $2.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It mom 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, Umbrella/Excess Liability and Workers' Compensation. Limited Contractual Liability is included. The Umbrella / Excess Liability policy provides excess coverage over See Attached... City of Fort Collins 215 N. Mason 2nd Floor Fort Collins CO 80524 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 ,Au ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 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. 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 attorney's 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 Sixty -Five Thousand Three Hundred Sixty-two Dollars ($65,362) plus reimbursable direct costs. All such fees and costs shall not exceed Sixty -Nine Thousand Eight Hundred Thirty-nine Dollars ($69,839). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. 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 Professional Services Agreement Page 2 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center AGENCY CUSTOMER ID: LOC #: A� RO ADDITIONAL REMARKS SCHEDULE Page 1of AGENCY Van Gilder Insurance Corp. NAMED INSURED Barker Rinker Seacat Architecture, P.C. 3457 Ringsby Court, Unit 200 Denver CO 80216 POLICY NUMBER CARRIER . NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE the General Liability, Automobile Liability and Employers Liability. Additional Insured: City of Fort Collins, Fort Collins, Colorado ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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. 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 Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the Professional Services Agreement Page 3 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center 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 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. 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, Professional Services Agreement Page 4 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. . The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against 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. Professional Services Agreement Page 5 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center 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. Professional Services Agreement Page 6 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center 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. ATTEST: �� City Clerk THE CITY OF FORT COLLIN,{S,,COLnORRADO By: - Q,:� Ja s B. O'Neill II, CPPO, FNIGP Di Vs of Purchasiinng& Risk Management DATE: / 1Jl 3 OF FO� BARKER RINKER SEACATLA'RCHITECTURE By: t�yrai� Title: V/4 ljf%Jtdtfr� CORPORATE PRESIDENT OR VICE PRESIDENT Date: -4• 11 • 113 ATTE, T: � (Corporate Seal) C rporate Secretary Professional Services Agreement Page 7 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center EXHIBIT A SCOPE OF SERVICES The City of Fort Collins will be working with Barker Rinker Seacat a qualified Architectural/ Planning team to conduct a Comprehensive Feasibility Study and Conceptual Design for a potential future municipally -operated cultural/arts/recreation/ fitness/ athletic/ aquatic center herein designated the Southeast Recreation/Cultural Community Center to be located with Fossil Creek Park were land was designated for a future Community Center. The selected architectural planning team has experience with both recreation facilities and cultural arts facilities, including aquatics and theaters. The proposed facility should meet the needs of the growing Southeast population of Fort Collins as well as fill gaps not currently covered by existing recreation and cultural facilities. The City of Fort Collins requires the actual construction project meet a minimum of LEED Gold certification standards. SCOPE OF WORK The consultant shall conduct the feasibility study and conceptual design and provide the following: Needs Assessment: Research, Data Collection and Market Analysis including evaluation of community and citizen needs and preferences relative to the programs and associated amenities of the proposed facility through pubic and staff input meetings, on- line surveys, and open houses. 2. Space Use Plan: Facility Space Programming including identification of projected usage, size of program components (in square feet) and outdoor areas required 3. Conceptual Plan: Conceptual Layout and site plan with Building Design including graphic representations of floor plan(s), and exterior building elevation(s). Should include estimate of architectural and construction cost. 4. Pro -Forma Budget: An economic analysis of the feasibility of the facility to operate successfully financially including: Operational Cost Analysis; Revenue Generation Analysis based on spaces, usage, rates, fees, and other income; and Cost Recovery analysis. 5. Provide artist's renderings and other collateral material to promote the project. Professional Services Agreement Page 8 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center Activity Scope Description Task & Products Participants 1.1 COFC Awards contract to Design/Consulting Team BRS • Planning Meeting #1 • Review proposed work plan scope • Confirm time frame for work plan Week of • Confirm public input process requirements - opinion March 4, survey 2013 • Request documentation for selected site Market Analysis BKA • Analysis of service area and demographics • Assess facility competition in service area • Comparison study of national, regional and local participation statistics • Forecast likely market penetration for proposed Community Center 1.2 Work Period #1 - Research. Data Collection and Market Analysis COFC (forward to BRS as soon as possible) COFC Early March • Collect Fossil Creek Park site info: maps, environmental to Mid April studies, soils, utilities, etc. (all existing data available) • Most recent Parks and Rec Master Plan • Program information developed to date Duration: 6 • Existing staffing information Weeks • Current budget information or limitations • Begin analyzing site information by Owner and others BRS/ LS • Review work to date, surveys, programs, plans, BRS/ BKA estimates and all previous data • Assist COFC to organize a "Project Committee" made BRS/BKA up of ten persons: COFC staff (4), P&R Board Member (1), citizen (1), Cultural Board Member (1), youth (1), senior (1) and a business leader (1) • Create presentation materials for Workshop 1 BRS • National Slide tour of potential program components of Community, Recreation, Aquatic and Cultural Arts facilities • Program Card game (2 sets) • Develop and administer on-line survey instrument BKA • Determine desired data needs • Identify sample parameters and audience • Develop survey instrument and questions • Evaluate and interpret survey results • Benchmarking with results from similar communities Professional Services Agreement Page 9 of 18 7456 Needs Assessment, Feasibility & Conceptual Design for Potential Southeast Community Center