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HomeMy WebLinkAbout111694 TST INC CONSULTING ENGINEERING - CONTRACT - CONTRACT - 30957PROFESSIONAL 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 TST Inc Consulting Engineers, 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 Contract Penod This Agreement shall commence with five (5) days of signing and shall continue in full force and effect until September30, 2008, unless sooner terminated as herein provided 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, TST, Inc Consulting Engineers City of Fort Collins, Engineering City of Fort Collins, Attn Fraser Walsh Attn Rick Richter Attn Purchasing 748 Whalers Way Bld D 281 N College Ave PO Box 580 Fort Collins, CO 80525 Fort Collins, CO 80524 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 Standard Professional Services Agreement- rev06/07 1 EXHIBIT B FEE SCHEDULE TST, INC. CONSULTING ENGINEERS reviews scheduled fees on an annual basis New schedules are issued as warranted, but no more than once annually Charges for all work including continuing projects will be based on the new Schedule of Fees PERSONNEL CHARGES Personnel charges are for technical work not covered by lump sum fee agreements Personnel are assigned to various tasks based on the skills necessary to perform the required services Charges may also be incurred for word processing, report preparation, and Client requested accounting ENGINEERS $ Hourly Rates Design Engineer 70 - 90 Protect Engineer 85 - 105 Senior Engineer 95 - 115 Protect Leader 100 - 115 Senior Protect Leader 100 - 140 Senior Technical Leader 105 - 150 Principal Engineer 130 - 160 DESIGNERS CAD Technician 60 - 70 Designer 70 - 85 Senior Designer 85 - 100 LAND SURVEYORS Field Surveyor 50 - 80 Licensed Surveyor 75 - 115 Senior Technical Leader 100 - 125 Survey Crews 105 - 155 CONSTRUCTION MANAGEMENT Construction Inspector 60 - 80 Construction Administrator 65 - 85 Senior Construction Administrator 80 - 105 ADMINISTRATION Administrative 50 - 60 Protect Accountant 85 - 110 REIMBURSABLE EXPENSES Outside consultants and expenses will be charged at cost plus 10 percent (10%) Automobiles will be charged at $0 50 per mile Prints are $0 25 per square foot, mylars are $1 25 per square foot, and color plots are $5 00 per square foot Standard Professional Services Agreement- rev06/07 10 Labor fees for BHA Design are based on the following hourly rates PROFESSIONAL Principal Associate Landscape Architect Administrative HOURLY RATE $ 102 — 150 $ 87 — 105 $ 67 — 98 $ 55 — 75 Standard Professional Services Agreement- rev06/07 11 Professional's obligations under this Agreement Such payment shall be the Professional's sole right and remedy for such termination 4 Design Protect 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 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 5 Compensation In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the Fee Schedule attached hereto as Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference Hourly billing rates Principal $ 102 — 150 Associate $ 87 — 105 Landscape Architect $ 67 — 98 Administrative $ 55 — 75 Reimbursable direct costs as billed with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Thirty Nine Thousand Nine Hundred Dollars ($39,900) Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible The amounts of all such partial payments shall be based upon the Professional's Standard Professional Services Agreement- rev06/07 2 City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs The parties acknowledge that BHA Design Inc and Anderson are not parties to this agreement However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services If the amount charged by these subcontractors exceeds the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City 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 protect 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 protect and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the protect 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 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 Standard Professional Services Agreement- rev06/07 3 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 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 often (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, Standard Professional Services Agreement- rev06/07 4 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, 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 Standard Professional Services Agreement- rev06/07 5 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 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 Standard Professional Services Agreement- rev06/07 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 c)rk� w k--4--� B O'Neill II, CPPO, FNIGP Directorurchasing & )Risk Management DATE TST, Incc�C-onsulting E2ers By Title CORPORATE PRESIDENT OR VICE PRESIDENT Date ATTEST C orate Secretary Se�,7� 2 Iff. zr , r% -v �tira�s�rr, t;•. `n4 •.�``..�3ov�o slo (Corporate Sea]) ,� .. �,,,.. ° a is ,,,�•�s, Standard Professional Services Agreement- rev06/07 EXHIBIT A SCOPE OF WORK TST will work together with BHA and Anderson Consulting to develop a conceptual design for the proposed storm drainage crossing of Harmony Road located approximately'% mile east of the Intersection of County Road 7 (Strauss Cabin Road) and Harmony Road BHA will assist the team in conceptual design of the bridge, providing aesthetic design concepts and Illustrations The following is an outline of the Scope of Service Protect Start -Up Generally, the following tasks are completed prior to the start of Conceptual design • Negotiate agreement with the Owner, • Acquire topographic survey prepared by others, • Meet with the Owner and design team members to discuss the project vision, goals, program, and design issues • Obtain required site survey base information Conceptual Design • Coordinate with both Anderson and BHA in the development of requirements for the storm water crossing • Prepare for and attend a half -day charette with the client to investigate options • Research various bridge crossing theme Ideas and work with the team to apply concepts to the project • Coordinate with the design team, the City, and the client on theme, design and vision of the crossing • Prepare two to three conceptual bridge elevations and plans based on the proposed crossing Plans will include landscape concepts as well as bridge concepts • Meet with the City and Stoner & Company to review • Prepare revisions based on comments provided • Prepare a hand -drawn landscape plan based on the charette meeting, • Prepare conceptual bridge elevations • Meet with the project team to review • Prepare a refined preferred concept Standard Professional Services Agreement- rev06/07 • Prepare preliminary construction details • Prepare an opinion of probable cost for the landscape elements, • The Conceptual design drawings will be formatted onto 24x36 Inch sheet(s) for presentation purposes, • Present plan to Owner with supporting graphics to Illustrate concepts, • Revise concept based on Owner's comments, • Present final concept plan and sketches to Owner and DRC members for approval, • Meet with the design team and City for a final review Conceptual Road Design • This portion of the protect TST will work closely with City of Fort Collins staff in order to create a conceptual design for Harmony Road The following items of work are included under this portion of the protect • Meet with the Owner and design team members to discuss the protect vision, goals, program, and design issues • Obtain required site survey base information • Coordinate with both Anderson and BHA in the development of design requirements for the road • Prepare two to three conceptual designs for the road based on the proposed crossings The concepts at this time will be road profiles only • Meet with the City and Stoner & Company to review • Prepare concept plans based on the meeting with the City and Stoner & Company These plans will include a conceptual profile, and a conceptual grading plan • Prepare an opinion of probable cost based on the conceptual design • Meet with the design team and City for a final review Sub -Consultants BHA will assist the team in conceptual design of the bridge, providing aesthetic design concepts and illustrations Standard Professional Services Agreement- rev06/07