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HomeMy WebLinkAbout422457 MCLAUGHLIN WHITEWATER DESIGN GROUP - CONTRACT - RFP - P1073 WATER CRAFT COURSE DESIGNPROFESSIONAL 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 McLaughlin Whitewater Design 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 the scope of services attached hereto as Exhibit "A", consisting of four (4) 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. 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: McLaughlin Whitwater Design Group Park Planning City of Fort Collins Attn: Aaron Asquith P.E. Attn: Jason Stutzman P.M. Attn: Purchasing 2300 15th Street Ste. 220 PO Box 580 PO Box 580 Denver, CO 80202 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 Standard Professional Services Agreement- rev06/07 1 we will complete a conceptual level scour analysis to determine anticipated locations of needed bank protection. b. Provide refined concept sketches (plan views showing course layout and site access/egress). c. Photographs of features similar to those proposed. d. A summary of hydrology for the site and anticipated duration of use (based on average annual daily flows). e. Anticipated difficulty ratings for each of the concepts (i.e. class of water). f. Comparative evaluation and recommendation of one of the two concepts (comparison will include costs, floodplain impacts, habitat and vegetation impacts, permitting requirements and constructability). 4. Public Meeting and Public Review of Conceptual Designs - We will circulate our conceptual design report to the City and Mr. Evans for comments prior to presentation to the public. This would include a second meeting to ensure that input from the City and community has been adequately addressed. Following any necessary revisions, we will present the concepts and recommendation at a public meeting with the help of City Staff. We will prepare a power point or other type of presentation and poster boards of the proposed concepts. 5. Preliminary Design - The purpose of preliminary design will be to further refine a selected concept. Based on the selected concept (following input from the public and City Staff) we will develop 30% Contract Drawings with the following main goals: a. Define limits of impacts and quantities of construction materials needed as support for permit applications. b. Refine hydraulic modeling to the final level and submit to ACE for review and incorporation into the City's base model. c. Identify all project components and details needed in the final drawing package (i.e. limits and type of bank protection, rock placement details, surveying layout points, etc.). d. Prepare a detailed preliminary cost estimate. e. Provide support information for permit preparation (i.e. provide quantities of fill required and limits of impact for the 404 Permit, provide a sketch erosion and sediment control plan for a 401 water quality certification or for a City grading permit, etc.). I-3 Following completion of the preliminary design, we will meet with the City and submit the Drawings for review and comment. Comments will be incorporated into the Final Design bid package. 6. Final Design and Bidding - With the incorporation of City Staff comments, we will complete Drawings and Technical Specifications for Bidding and Construction purposes. The following items will, as a minimum, be required. a. All necessary design calculations, including final scour analysis, seepage analysis, and structural calculations for the project. b. Complete bid ready drawings and technical specifications (it is assumed the contract specifications, front end specifications, will be provided by the City). It is anticipated that the following final drawings will be required for the project. 1) Cover Sheet 2) Site Plan and Profile (including features, trails, bank revetment, etc.) 3) Typical Cross Sections 4) Construction Details (2 Drawings) 5) Sediment Control and Vegetation plan (we will coordinate with Walsh to determine the appropriate plant species and any wetland/upland mitigation requirements for the project). c. Attend a pre -bid site walkthrough, prepare addenda, summarize bids, and recommend award based to the bidder best representing the interests of the City. 7. Construction Phase Services - At a minimum, we will attend a pre -construction conference, review contractor submittals and perform site visits/inspections on a bi- weekly basis during construction. Because we are currently unsure of the final scope for the project, we have assumed a construction period of 60 days for this project in preparation of our budget estimate. I-4 EXHIBIT "B" THE WORK SCHEDULE sm a Standard Professional Services Agreement- rev06/07 8 aughtin Whitewater EXHIBIT "C" acops and 9udgot Development P 1073 - Water Craft Course Deep Poudm Eiger, Ft Conine, W McL*ughlit Whilowster Design Cheap EsomrpdNQum Yr_f iY.nhan whH—m— n a f [1Yeran rMM IWAV -':�w■���r���r��i■�■i■ri■E MVKm rl�������■I��iii_ I I '.i. . .,.Ji!%1' �.'���•,• �I��1�1i111�i���_���_��_�i� Standard Professional Services Agreement- rev06/07 T`llnnl}i• dO299 aan1 moral ACOR& CERTIFICATE OF LIABILITY INSURANCE DATE(MNUDD" 07/18/07 PRODUCER Van Gilder Insurance Corp. 700 Broadway, Suite 1000 Denver, CO 80203 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 303 837-8500 INSURERS AFFORDING COVERAGE INSURED McLaughlin , Ltd. 2300 15th St ,, Suite 220 Denver, CO 60202 INSURER A: U.S. Fidelity & Guaranty Co INSURER B: Hartford Accident & Indemnity Co INSURER C: St. Paul Fire & Marine InsuranceCo INSURER D: INSURER E: a.vvC 1%A%PC.l 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. AGGREGATE LIMITS SHOJIRJ MAY HAVE BEEN REDUCED BY PAID CLAIMS. NLTRSR I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DDIYYI 03/01/07 POLICY EXPIRATION LIMITS A GENERAL LIABILITY BKO1373616 03/01/08 EACH OCCURRENCE $1 000 000 X COMM ERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $1 000 000 CLAIMS MADE 7 OCCUR MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE s2,000.000 GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS-COMPlOPAGG s2,000,000 POLICY JE O- LOC A AUTOMOBILE LIABILITY BKO1373616 03/01/07 03/01/08 ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Person) HIREDAUTOS X NON -OWNED AUTOS BODILY INJURY (Peraccident) $ X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND 34WEGKG8983 03/01/07 03/01/08 X vYC STATU OTH EMPLOYERS' LIABILITYIM E.L. EACH ACCIDENT $1 00O 000 E.L. DISEASE -EA EMPLOYEE $1 00O 000 E.L. DISEASE - POLICY LIMB 1 $1 00O 000 C OTHER Professional OP03808198 03/01/07 03/01/08 $2,000,000 per claim ability $2,000,000 annl aggr. ,alms Made DESCRIPTION OF OPERATIONS/LOCATIONS/VENKxEWEXCLUSIONSADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: P1073 Water Craft Course Design project. As required by written contract, or written agreement, the City of Fort Collins Is Included as Additional Insured under General Liability with respect to the referenced project. CERTIFICATE HOLDER ADDITIONAL INSURED• INSURER LETTER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TOMAIL30DAYSWRnTEN Attn: Purchasing/ John D. Stephen NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFALURE TODOSOSHALL P.O. BOX 580 IMPOSE NOOBLIGATION OR LIABILITYOFANYKIND UPON THE INSURER ITS AGENTS OR Fort Collins, CO 80622-0680 REPRESENTATIVES. ALIT ORUM REPRESENTATIVE VA4. ;e. �a.vlcu �aa (iroi)1 of 1 #S502977/M486443 KAB 0 ACORD CORPORATION 11988 right and remedy for such termination. 4. Desion, Proiect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's 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 Thirty One Thousand Nine Hundred Fifty Dollars ($31,950.00) in accordance with the Budget attached hereto as Exhibit "C", consisting of One (1) page, and incorporated herein by this reference. All such fees and costs shall not exceed Thirty One Thousand Nine Hundred Fifty Dollars ($31,950.00). 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. 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. Standard Professional Services Agreement- rev06107 2 CSC 10 SCOPE AA(J+ , 7. ro'ect Drawin s. Upon conclusion of the ct and before final payment, the Professional shall provi a City with reprod i a drawings of the project containing accurate information on the project as constru Drawings shall be of archival, prepared on stable mylar base material using a non- ing process to provide fo storage and high quality reproduction. "CD" disc of the -built drawings shall also be submitted to the own and AutoCAD version no older t 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 Standard Professional Services Agreement- rev06/07 3 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 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, Standard Professional Services Agreement- rev06/07 4 administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor 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. 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. Contractor shall comply with any reasonable request by the Colorado Standard Professional Services Agreement- rev06/07 5 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. THE CITY OF FORT COLLINS, COLORADO By: - P0� 4�es B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: D McLaughlin Whitewater Design Group By: Title: L CORPORATE PRESIDENT OR VICE PRESIDENT Date: L4&4 (Corporate Seal) Standard Professional Services Agreement- rev06/07 6 EXHIBIT "A" SCOPE OF WORK The McLaughlin Whitewater Design team shall work closely with the City, the kayak community, the City's consultant responsible for the floodplain analysis process (Anderson Consulting Engineers, Fort Collins, CO), and the City's environmental consultant (Walsh Environmental Scientists and Engineers, Boulder, CO), to provide the design drawings and specifications for the project. The following is an outline of a general scope of work. McLaughlin Whitewater Design team should expand each of the following major work items into specific tasks, as well as add any additional items and tasks that would be necessary to assure aa-e*ee4e44 overall product. CL Go �l�* 1 rnfjjpl�-i'e- A. Site analysis, inventory and evaluation of the river. i B. Determination of the desired features, from the kayak community, to be installed in the river. C. Determination of access and bank improvements including bank stabilization analysis and measures (vegetation, riprap, etc.). D. Combination of meetings with staff and the kayak community. This process will need to be supported, at a minimum, by graphics displays and renderings, maps, and other visual materials. E. Preparation of the conceptual, preliminary and final drawings in an electronic and/or AutoCAD compatible format, construction specifications in CSI format or an approved alternate format, and cost estimates for each design phase of the project. F. Coordinate efforts with the hydraulic modeling consultant to achieve an acceptable design to both FEMA and the City of Fort Collins Storm Water Division. The hydraulic modeling consultant is scoped for two iterations of modeling adjustments for the proposed design of the Water Course. G. Coordinate efforts with the environmental consultant and process to achieve an acceptable design. H. Meet or exceed the criteria of all applicable local, state, and federal regulatory agency requirements. I. Develop and maintain a project schedule. J. Provide Construction services including but limited to preconstruction administration, construction monitoring, inspection, and contract administration. K. Provide information on your firms / team's availability, and experience with other recent projects. The Consultant(s) firm / team must also have completed, through the construction phase, a minimum of three (3) other projects similar in nature and provide information about each project individually. The City will provide electronic files of aerial mapping for the project, design level existing topography, as well as other available data and informational sources. All FEMA mapping, analysis, documentation, and reporting will be completed under a separate City contract. The environmental process including the 404 permitting will also be completed under separate City contract. A project representative will be available to answer questions and the "conceptual plan" will be available for review. Standard Professional Services Agreement- rev06/07 Section I - Approach Background The City of Ft. Collins has identified the reach of the Poudre River from the Coy Diversion downstream to the railroad trestle as a potential location for water craft recreation in the July 2000, Downtown River Corridor Implementation Plan (DRCIP). Completed improvements in this reach include modifying the Coy Diversion structure (mid 1980's) and installation of a boat chute drop structure (1999) below the Coy Diversion to allow safe passage of water craft at a variety of flows. With the completion of the DRCIP and enhanced interest from local river recreation enthusiasts, a concept for the reach was completed. With fundraising completed based on the concept, it is now time to move forward with more detailed planning and construction in this reach. Overall, the reach is well suited to whitewater features, given the existing hydraulic drop through the reach, the available flows during spring months and easy accessibility (existing parking lot) and visibility from the adjacent bike path. It is currently the desire of the City of Ft. Collins to pursue conceptual, preliminary and final design downstream or within the existing structures. The proposed designs must accommodate . many different potential user groups, the multiple uses required by the Coy Diversion, address floodplain issues and budget limitations as well as limit the environmental impact to the reach. The overall project goal is to develop an option within the limits of the site and budget that meets the needs of the City and its residents. The existing reach has been improved to allow passage at lower flows, yet it still falls short of local stakeholder expectations. I-1 Approach Our approach to this project will follow the scope of work as outlined by the City in the Request for Proposals for the conceptual, preliminary and final designs through construction of the proposed improvements. In preparation of this proposal, we have toured the site with Jason Stutzman, the City's project manager, reviewed the concept plan, prepared by Ayres Associates and EDAW, discussed the floodplain limitations with Chris Pauly (Anderson Consulting Engineers) and reviewed historic flow records for the Poudre. We understand that the Friends of the Poudre, with white water contact Matt Evans, will be instrumental in selecting the final concept for any improvements to the reach. A list of tasks prior to development of the project are as follow: 1. Site Analysis, Inventory and Evaluation of the River - we will complete the following items for this task. a. Review and summarize (in tabular format) historical hydrology for the river to determine appropriate design flows and expected durations of whitewater use. b. Complete a site visit with City Staff and Walsh Environmental including photographic documentation and identification of habitat and vegetation to be preserved within the reach. c. Complete a Wolman pebble count to determine river bed -material gradation for use in any final design scour calculations. d. Review the existing reach base mapping, available construction drawings and reports (design and geotechnical) and any construction photos available from the City. e. Identify project limitations and constraints within the reach. 2. Refine Objectives and Determine Desired Features - Following information gathering and review, we will meet with City Staff and Matt Evans to refine the project goals and determine desired features for the reach. With input from the City and Mr. Evans, we will roughly outline 2 concepts to further develop in the conceptual design phase based on our understanding of physical and political project constraints, and the desires of the local boating community. 3. Conceptual Design Report - We will complete conceptual design, sketches and cost estimates for the two concepts outlined during our meeting. The design will be summarized in a short letter report to include: a. Computer modeling - we will prepare a hydraulic model (HEC-RAS) of the proposed concepts for review by Anderson Consulting Engineers. In addition, I-2