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HomeMy WebLinkAbout413958 APPLIED PAVEMENT TECHNOLOGY - CONTRACT - CONTRACT - 7702157 PAVEMENT MANAGEMENTPROFESSIONAL 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 Applied Pavement Technology, Inc, hereinafter referred to as "Professional". WTNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period, This Agreement shall commence within five (5) days of signing, and shall continue in full force and effect until June 1, 2007, 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: Professional: City: With Copy to: Applied Pavement Technology, Inc. City of Fort Collins, Engineering City of Fort Collins, Attn: Angela S. Wolters, P.E. Attn: Rick Richter Purchasing 115 W. Main, Suite 400 281 N. College Ave. PO Box 580 Urbana, IL 61801 Fort Collins, CO 80524 Fort Collins, CO 80522 Standard Professional Services Agreement- rev 09/01 /06 EXHIBIT C Project Costs Table 2 summarizes the costs associated with the scope of work provided with this proposal, including the number of hours assumed for each task and the resulting costs for labor and travel. APTech proposes to conduct the project on a fixed cost basis. The estimates assume that all work will be conducted in 2007. Table 2. Proposed project costs. Estimated Labor Hours Project Tasks Task 1 Task 2 Task 3 Task 4 Total (Total with O tional Optional) Katie Zimmerman 6 - 12 _ 18 Principal in Charge 18 Angie Wolters, 40 24 60 20 124 Project Manager 144 Total Hours 46 24 72 20 142 162 Cost per Task $6,260 $3,000 $10,020 $3,000 Other Direct Costs Travel $0 $1,000 $0 $800 Total Estimated Cost $6,260 $4,000 $10,020 $3,800 $20,280 $23,580 Standard Professional Services Agreement- rev 09/01 /06 10 ACORD. CERTIFICATE OF LIABILITY APPLPLINSURANCE ID K DAM (MMIDD/I-1 03/23/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown, Hobbs & McMurray HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 118 S . Race St., P.O. Box 488 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Urbana IL 61803-0488 Phone:217-367-4011 Fax:217-384-4346 INSURERS AFFORDING COVERAGE NAIC# INIHJKW INSURER A: alncim tL sosusence eammy 22Z41 Ap�pppp INSURERB: Cincinnati Casualty 22241 braYp Bachavement Technology INSURER C: CNA 115 W. Main Street, Suite 400 INSURER0. Urbana IL 61801 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR Nso TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMfDDIYY) LIBTS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A MERCIAL GENERAL LIABILITY CAPS8655136 04/01/07 04/01/08 PREMSES Serr ESoeerce $ 100000 CLAIMS MADE X❑ OCCUR MED EXP (Any one person) $5000 IX PERSONAL S ADV INJURY S 1000000 -to Addrl Insd-G GENERAL AGGREGATE s2000000 GENL AGGREGATE LIMN APPLIES PER: PRODUCTS - COMP/OP AGO $ 2000000 POLICY M jERCT LOC A AUTOMOBILE UABRITY ANY AUTO CAASS655136 04/01/07 04/01/08 COMBINED SINGLE LIMIT (Es accident) $1000000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON-OWNEO AUTOS X BODILY INJURY (Per ScciderS) $ X PROPERTY DAMAGE (Per eccideM) $ GARAGE LJABWTY AUTO MY - EAACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS UIMBRELLA LIABILITY EACH OCCURRENCE $ 4000000 A X OCCUR CLAIMSMADE CAPS8655136 04/01/07 04/01/08 AGGREGATE $4000000 s DEDUCTIBLE $ X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS'L.IABS M ANY PROPRIETOR/PARTNER/EXECIRNE NC8963138-11 04/01/07 / 04/01/08 TORYLMITS ER E.L.EACHACCIDENT $ 1000000 OFFICERRAEMBER EXCLUDED? If yes, describe mWer E.L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE -POLICY LIMIT S 3.000000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Period of Performance 3/22/07-6/l/07 Additional insured, Hold Harmless per Contract: City of Fort Collins, its officers and employees in accordance with Colorado law City of Fort Collins Engineering Rick Richter 281 N. College Ave, Fort Collins CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILJTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 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, Proiect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of ail 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 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 N/A. 6. 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 Twenty Thousand Two Hundred Eighty Dollars ($20,280). All such fees and costs shall not exceed Twenty Thousand Two Hundred Eighty Dollars ($20,280). 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. 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. Standard Professional Services Agreement- rev 09/01 /06 2 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. 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 hereunderfor 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. Standard Professional Services Agreement -rev 09/01/06 3 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, 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. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and Standard Professional Services Agreement- rev 09/01 /06 4 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 `Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev 09/01 /06 5 THE CITY OF FORT COLLINS, COLORADO By:, 0 J mes B. O'Neill II, CPPO, FNIGP Direc r of Purchasing & Risk Management DATE: Applied In Title: CORPORATI Date: 1 ATTEST: Corporate Secretary Technology, Inca DENT OR VICE PRESIDENT Corporate Seal) Standard Professional Services Agreement- rev 09/01 /06 6 EXHIBIT A SCOPE TO CONDUCT A TECHNICAL REVIEW OF THE CITY OF FORT COLLINS PAVEMENT MANAGEMENT SYSTEM Scope of Work This section of the proposal describes APTech's technical approach to the project. The work activities will be conducted in the three tasks listed below. • Task 1: Conduct Literature Review of Existing Procedures. • Task 2: Interview CFC Personnel. • Task 3: Summarize Findings and Prepare Final Report. • Task 4: Presentation to City Council (Optional) The following sections provide a more complete description of the work APTech will conduct under each task. Task 1: Conduct Literature Review of Existing Procedures In preparation of the technical review of CFC's pavement management practices, APTech will request that the CFC Pavement Management Engineer provide copies of the system documentation for APTech's review prior to the first meeting. The information normally provided during this stage of the study includes the background information necessary to tailor the task 2 interviews to the practices found at CFC. The types of materials normally provided during this literature review include documentation provided by the pavement management software vendor (Deighton), internal assessment documentation completed by CFC, pavement condition survey reports (and distress identification manuals), sample outputs or reports produced by pavement management, documentation on the treatment and performance models, and so on. To allow a sufficient amount of time to review the materials, it is important that the documents be available to APTech at least 2 weeks prior to the activities that will be scheduled during task 2. At approximately the same time it is conducting a literature review, APTech will give the CFC a benchmarking exercise to be completed by individuals within the agency. This benchmarking exercise, which provides individuals with an opportunity to rate the agency's pavement management practices, will be used later in the project to assess the strengths and weaknesses of the agency's practices from an internal point of view. Task 2: Interview CFC Personnel As part of task 2, Ms. Wolters will schedule 1 'h days of meetings with the CFC personnel to gain a better understanding of the agency's current pavement management activities. Ms. Wolters will address the following technical areas during this task: • The pavement condition survey procedures and the adequacy of the survey procedures to identify and prioritize pavement preservation activities. • The reasonableness of the pavement performance models used to predict future conditions. • The appropriateness of the treatment rules used to identify and prioritize pavement maintenance and rehabilitation needs. • The use of cost-effective strategies (such as preventive maintenance) and the degree to which preventive maintenance treatments are incorporated into the analysis. • The reasonableness of the treatment impact rules to reflect conditions after a treatment has been applied. Standard Professional Services Agreement- rev 09/01 /06 7 • The overall efficiency and effectiveness of the existing pavement management activities. • The integration of pavement management into the agencys decision -making process. • The use of pavement management information to provide feedback to design, construction, maintenance, and other groups within the agency. Ms. Wolters will work with the pavement management engineer to determine the final list of participants who will be involved in the interviews. It is expected that a maxmum of 7 individuals will be interviewed during the visit. Ideally, these meetings will provide an opportunity for Ms. Wolters to meet with the various users of the pavement management system. However, Ms. Wolters could also gain valuable insight from meeting with other agency personnel who are involved in planning and programming, upper management, and the Citys finance department. The meetings will be scheduled to take place from 1:00 PM to 5:00 PM on the first day and will continue on the second day from 8:00 AM to 5:00 PM. APTech will schedule the interviews for approximately 3 or 4 weeks after receiving the notice to proceed from CFC. Task 3: Summarize Findings and Prepare Final Report APTech will use the information obtained during tasks 1 and 2 to evaluate CFC's existing practices. As part of this assessment, APTech will identify the strengths and weaknesses of CFC's pavement management practices and will recommend any improvements that could enhance the use of the pavement management system to support agency decisions. In addition, APTech will summarize the internal benchmarking exercise in a short report that documents the process followed, summarizes the findings, and presents recommendations for enhancements to the system. APTech will submit five copies of the draft report to CFC within a month of completing the interviews and a final version within 1 week after receipt of comments from the CFC. Task 4: Presentation to City Council (Optional) Following the development of the final report, the APTech team will present the findings of the study to the CFC City Council. The APTech team's background in pavement management and experience in the development of effective presentations will serve the City well as this activity takes place. The APTech team will work with the CFC Pavement Management Engineer to prepare the desired materials for presentation to the City Council. Ms. Wolters will be responsible for making the presentation to the City Council. Standard Professional Services Agreement- rev 09/01 /06 8 FM "allo-117V Project Schedule A summary of the schedule proposed in the scope of work for the completion of each task is presented in table 1. Table 1. Proposed project schedule. Task Week 1 2 3 4 5 6 7 8 9 Task 1: Conduct Literature Review of Existing Practices CFC provides information to APTech APTech reviews available literature Task 2: Interview CFC Personnel Conduct interviews (1 '/2 days) Task 3: Summarize Findings and Prepare Final Report Conduct analysis and prepare report Submit draft report to CFC Finalize report Task 4: Presentation to City Council O tional Present findings of study Standard Professional Services Agreement- rev 09/01 /06