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HomeMy WebLinkAbout162366 CARL WALKER INC - CONTRACT - CONTRACT - 30902PROFESSIONAL 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 Carl Walker, Inc., 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 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 upon signing and shall continue in full force and effect until December 31, 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: Carl Walker, Inc. City of Fort Collins, Ops Svs City of Fort Collins, Purchasing 2460 West 26th Ave Ste 500C Attn: Bruce Byrne PO Box 580 Denver, CO 80211 117 North Mason Fort Collins, CO 80522 Fort Collins, CO 80524 In the event of any such early termination by the City, the Professional shall be paid for services EXHIBIT B ANTICIPATED PROJECT SCHEDULE We have based this proposal on the following anticipated schedule: Task Construction Documents Bidding Construction Preliminary Schedule 4 weeks 4 weeks 6 to 8 weeks EXHIBIT C FEE SUMMARY We have provided fees to implement the repair program based on a phased fixed fee plus reimbursable expense basis forthe Construction Document and Bidding Phases. The Construction Administration Phase will be performed on an hourly fee plus reimbursable expense basis using the rates shown in the enclosed standard Terms and Conditions. Reimbursable expenses for all phases of the work will include local travel, electronic telecommunications, postage, supplies, reproduction, etc. Our estimate of Construction Documents and Bidding Phases expenses includes providing two 90% construction document review sets and ten sets of bid documents for distribution. The following table summarizes our proposed fees and anticipated expenses: Carl Walker, Inc. Professional Fees City of Fort Collins Two Parking Decks Phase Description Labor Fees Estimated Expenses 2 Construction Documents $6,300 $50D DesignPhase,Total. $6,300'' $500 F 3 Bidding $2,200 $1,000 4 Construction Administration — $4,300 (Estimated) $200 Office (Hourly Fee Budget) 5 Construction Administration — $5,300 (Estimated) $1,500 Field (Hourly Fee Budget) ' �I ,Construction Phase Total $11,8011'(Estimated) -s-$2,700' Based on our understanding of phasing requirements and scope of work, we estimate the time of construction to be approximately 6 to 8 weeks. For Construction Administration — Office, we estimate an average of four hours per week over the 8-week period. For the Construction Administration — Field, we estimate one site visit every other week during construction and one site visit for the pre -construction meeting, and one site visit for punchlist for a total of 6 site visits. ACORIM CERTIFICATE OF LIABILITY INSURANCE 08/30/zoo ) PRODUCER (734)662-4041 FAX (734)662-4065 Professional Concepts Insurance Agency Inc. 1127 S. Old US Highway 2 3 9 Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brighton, MI 48114 INSURERS AFFORDING COVERAGE NAIC # INSURED Carl Walker, Inc. INSURERA. Hartford Fire Insurance A+ Best Rtng. 5136 Lovers Lane INSURERS: Hartford Underwriters Ins. Co.A+ Best Rtng. Suite 200 INSURERc: Hartford Fire Insurance A+ Best Rtng. Kalamazoo, MI 49002 INSURERO: XL Specialty A+ Best Rtng. *Covers All Offices" w$URER E: rnvcoer_rc 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AOUL TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MMVDWYY) POLICYEXPIRATION DATE buminorY, LIMITS GENERAL LIABILITY 35SBWRU0693 12/31/2006 12/31/2007 EAOHOCCURRENCE $ 1,000,000 MMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE aOCCUR T10"C' MED EXP (Anyoneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 A U X I Contract. Li BID. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY LK PRCTO LOC JE AUTOMOBILE X LIABILITY ANY AUTO 3SUEGAF3505 12/31/2006 12/31/2007 COMBINED SINGLE LIMIT (Ea aeemem) $ 1,000,000 BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE IPer,dode.nq $ GARAGE LIABILITY AUTOONLY-EAACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY'. ASS EXCESSIUMBRELLA LIABILITY 35SBWRU0693 12/31/2006 12/31/2007 EACH OCCURRENCE $ 5,000,000 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 5,000,000 $ A $ DEDUCTIBLE $ RETENTION g WORKERS COMPENSATION AND 35WEG�PN3645 12/31/2006 12/31/2007 X WCSTATu- OTH- IM Ts ER L EMPLOYERS•LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVr_ OFFICERIMEME EEXCLUOEOi WAIVER OF SUBROGATION APPLIES E.L. EACH ACCIDENT $ 1, 000,000 E. L. DISEASEEAEMPLOYEE $ 1, 000,000 Ryes. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D OTHER Protessi Onal Liability/Contractors Pollution Liability DPR9601192 10/15/2006 10/15/2007 Limit: $2,000,000 Each Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS roject #: R3-20077-037. ity of Fort Collins is named as Additional Insured as respects to General Liability only and would apply to the above named project so long s required within a written contract. City of Fort Collins Second Floor 215 North Mason Street PO Box 580 Fort Collins. CO 80522-0580 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INS AUTHORIZED REPRESENTATIVE Michael Cosgrove/f ITS AGENTS OR /1(Ir"/ Laaws� ACORD 25 (2001108) ©ACORD CORPORATION 1988 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, Project Indemnity and Insurance Responsibility. The Professional shall be responsible forthe 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 NEGLIGENCE IN THE 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 $1,000,000.00. 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 Six Thousand Three Hundred ($6300.00) plus reimbursable costs of Five Hundred ($500.00) for Design and Eleven Thousand Eight Hundred Dollars ($11,800.00) plus reimbursable direct costs of Two Thousand Seven Hundred ($2700.00) for the Construction Phase. All such fees and costs shall not exceed Twenty One Thousand Three Hundred ($21,300.00) in accordance with the Fee Schedule attached hereto as Exhibit "C", consisting of One (1) page, and incorporated herein by this reference. 7. 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. 8. 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. 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 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. 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, Worker: 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 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. 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., at. 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, 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. 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. THE CITY OF FORT COLLINS, COLORADO By: - (�' -v, J m s B. O'Neill II, CPPO, FNIGP Director of -Purchasing & Risk Management DATE: 11,61z)) Title: V k C1Z_ fyy—C i G� CORPORATE PRESIDENT OR VICE PRESIDENT Date: Yt o �a ATTEST: _� x hY 2° gyp.. (Corporate Seal) Corporate Seal EXHIBIT A PROJECT UNDERSTANDING In February of 2007, Carl Walker undertook Evaluation and Restoration Engineering Reports for the City of Fort Collins on the Civic Center and Old Town parking structures. These reports indicated that the Civic Center parking structure was in very good condition and the Old Town parking structure was in reasonably good condition. We understand that the Operations Services Department would like all of the repairs recommended for the Civic Center parking structure and the Year One prioritized repairs for the Old Town parking structures undertaken at this time. PROJECT APPROACH Our consulting services will be provided in three phases as described below: Phase 1 — Construction Documents During this phase, we will prepare the bid package for the 2007 parking structure repair program. Specifically, we will provide the following services: 1. Review scope with The Operations Services Department and City of Fort Collins. 2. Provide plan drawings for repair areas and provide detail cuts to locate appropriate repair and waterproofing details. 3. Provide technical specifications to complete the work. These specifications will include recommended materials, surface preparation requirements, and installation requirements. In addition, the specifications will include the front end of the specification (i.e., Bid Forms, General Conditions, General Requirements, etc.) so that Construction Documents may be submitted for the bid process. 4. Review with the Operations Services Department appropriate construction controls including phasing, noise control, dust and fume control, etc. 5. Review the bid package with the Operations Services Department before issuing documents for bidding. Phase 2 — Bidding During this phase, we will assist the Operations Services Department and City of Fort Collins in obtaining and reviewing the bids from at least three (3) restoration contractors. Specifically we will perform the following services: 1. Carl Walker will coordinate the distribution of the bid packages to the restoration contractors and request bids to be received directly to the Operations Services Department. 2. Schedule, chair, and document a pre -bid conference. 3. Be available to respond to contactors' questions, and if necessary issue project addenda. 4. Evaluate the contractor bids. 5. Provide our comments and recommendations for the award of the contract. Phase 3 — Construction Administration Office: During this phase we will assist the Operations Services Department and City of Fort Collins in coordinating project related activities. Specifically we will perform the following services: 1. Consult with the Operations Services Department and City of Fort Collins during the course of construction to assure that the project objectives are being achieved. 2. Review contractor submittals, procedural submittals, etc. 3. Review contractors pay requests, and assist in documentation of construction quantities where! unit pricing is used. 4. Prepare bulletins and change orders as necessary to document changes in the work based on field conditions. 5. Prepare and update punch list for construction contract. 6. (Added August 29, 2007) Review Contractors As -Built drawings for general conformance to Contract Documents. With our review comments, these drawings will be submitted as Project Drawings required by City (Paragraph 9). Field: During this phase we will provide periodic field observation of the construction. Specifically we will perform the following services: 1. Schedule, chair, and document a pre -construction conference. 2. Chair and document progress meetings with representatives of the Operations Services Department and the Contractor to coordinate work and maintain project communication. These meetings will be held in conjunction with the site visits. 3. Visit the construction site at intervals appropriate to the stage of construction to monitor the progress and verify that, in general, the work complies with the intent of the plans and specifications. For each site visit a field report will be prepared and submitted. 4. Make final site observation (punchlist) with the Operations Services Department and the Contractor. 5. (Added August 29, 2007) The total number of visits is six, which includes the Preconstruction Meeting and the Final Site Observation. 6. (Added August 29, 2007) At least once month, a field report will include the status of the work with respect to the Scope of Services, Work Schedule, and other material information and will represent the monthly report required by City (Paragraph 10).