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HomeMy WebLinkAbout113170 MONTGOMERY WATSON - CONTRACT - RFP - P242 WRF MASTER 128132PROFESSIONAL SERVICES AGREEMENT for MISCELLANEOUS WATER RECLAMATION FACILITY IMPROVEMENTS between CITY OF FORT COLLINS, COLORA,DO and MONTGOMERY WATSON AMERICAS, INC. FEBRUARY 17,1998 TASK 2: MWRF DIGESTER DEMOLITION Activities: A-2.1 Prepare general and civil specifications and drawings A-2.2 Prepare mechanical specifications and drawings A-2.3 Prepare structural specifications and drawings. A-2.4 Perform CMS related activities including shop drawing review, clanfications, pay requests A-2.5 Prepare project as-builts Products: P-2.1 Project plans and specifications P-2.2 As-builts TASK 3: RAS SYSTEM IMPROVEMENTS Activities: A-3 1 Prepare general and civil specifications and drawings A-3.2 Prepare mechanical specifications and drawings A-3.3 Prepare structural specifications and drawings. A-3.4 Perform CMS related activities including shop drawing review, clarifications, pay requests. A-3 5 Prepare project as-builts Sub -consultants: Prepare electrical and instrumentation specifications and drawings Products: P-3.1 Project plans and specifications P-3.2 As-builts TASK 4: MWRF RELIFT SCREW PUMP STATION EXPANSION Activities: A-4.1 Prepare general and civil specifications and drawings A-4 2 Prepare mechanical specifications and drawings A-2 A-4.3 Prepare structural specifications and drawings A-4 4 Perform CMS related activities including shop drawing review, clarifications, pay requests. A-4.5 Prepare project as -bunts Sub -consultants Prepare electrical and instrumentation specifications and drawings. Products: P-4.1 Project plans and specifications P-4.2 As -bunts TASK 5: MISCELLANEOUS STUDIES Activities: A-5.1 Investigate miscellaneous water reclamation facility process improvements or modifications, e.g. contaminated sampling lines, HVAC control strategies, 208 study reviews, blower modifications Products: P-5 1 Technical memorandums or reports. A-3 EXHIBIT B PROJECT SCHEDULE EXHIBIT B PROJECT SCHEDULE MWRF DIGESTER DEMOLITION Design February 17, 1998 - March 31, 1998 Construction April 1, 1998 - December 31, 1998 RAS SYSTEM IMPROVEMENTS Design February 17, 1998 - March 31, 1998 Construction April 1, 1998 - December 31, 1998 MWRF RELIFT SCREW PUMP STATION EXPANSION Design April 1, 1998 - August 1, 1998 Construction August 1, 1998 - August 1, 1999 MISCELLANEOUS PROJECTS February 17, 1998 - August 1, 1999 =I EXHIBIT C MISCELLANEOUS PROVISIONS EXHIBIT C MISCELLANEOUS PROVISIONS 1 INSURANCE/INDEMNIFICATION/LIMITATION OF LIABILITY (a) Nothing contained within this Agreement shall be construed or interpreted as requiring MONTGOMERY WATSON to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 USCA, §6901 et seq ,, as amended, or within any state statute governing the generation, treatment, storage, and disposal of waste Further, the contents of this Agreement shall not be construed or interpreted as requiring MONTGOMERY WATSON to arrange for the transportation, treatment, or disposal of hazardous substances, as described in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 USCA §9601, et seq , as amended (b) Notwithstanding other terms of this Agreement to the contrary, MONTGOMERY WATSON makes no warranty, whether express or implied, as to the actual capacity or drawdown of any proposed water well(s), or the quality of ground water, if any, which may be produced by any water well(s) to be drilled and developed pursuant to this Agreement Owner understands and agrees that MONTGOMERY WATSON's responsibility under this Agreement is to apply its hydrogeology expertise, and to exercise the usual standard of care in the engineering profession to develop what ground water may reasonably exist, and may be economically feasible to use, beneath the proposed site(s) 2 CONSTRUCTION ESTIMATES Estimates of cost for the facilities considered and designed under this Agreement are prepared by MONTGOMERY WATSON through exercise of its experience and judgement in applying presently available cost data, but it is recognized that MONTGOMERY WATSON has no control over costs of labor and materials, or over the construction contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that MONTGOMERY WATSON cannot and does not guarantee that proposals, bids, or the project construction costs will not vary from MONTGOMERY WATSON's cost estimates 3 INJURY TO WORKERS It is understood and agreed that MONTGOMERY WATSON's fee is based on MONTGOMERY WATSON being named as an Additional Insured on construction contractor's insurance policy for Comprehensive General Liability and Builders All Risk Liability, and Owner agrees to insert into all contracts for construction between Owner and construction contractor(s) arising out of this design a provision requiring the construction contractor(s) to defend, indemnify, and hold harmless both Owner and MONTGOMERY WATSON from any and all actions arising out of the construction project, including but not limited to, injury to or death of any worker on the job site, not caused by the sole negligence of Owner or MONTGOMERY WATSON C-1 4 SITE VISITS Visits to the construction site and observations made by MONTGOMERY WATSON as part of services during construction under this Agreement shall not make MONTGOMERY WATSON responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make MONTGOMERY WATSON responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s), and for all safety precautions incidental thereto Such visits by MONTGOMERY WATSON are not to be construed as part of the monitoring duties of the on -site monitoring personnel defined below 5. ON -SITE MONITORING When MONTGOMERY WATSON provides on -site monitoring personnel as part of services during construction under this Agreement, the on -site monitoring personnel will make reasonable efforts to guard Owner against defects and deficiencies in the work of the contractor(s), and to help determine if the provisions of the Contract Documents are being fulfilled Their day-to-day monitoring will not, however, cause MONTGOMERY WATSON to be responsible for those duties and responsibilities which belong to the construction contractor(s), including but not limited to, full responsibility for the means, methods, techniques, sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents 6 COMPLIANCE WITH LAWS To the extent applicable hereto, MONTGOMERY WATSON shall, in the performance of this Agreement comply with The Fair Labor Standards Act of 1939 (20 U S C 201-219), The Walsh -Healey Public Contracts Act (41 U S C 35-45), The Contract Work Hours Standards Act - Overtime Compensation (40 U S C 327-330), Laws restraining the Use of Convict Labor, Utilization of Small Business and Small Disadvantaged Business Concerns (Public Law 95-507), other federal, state and local laws, and all regulations and orders issued under any applicable law, including (a) The Equal Employment Opportunity clause in Section 202 of Executive Order (E O ) 11246, as amended, and the implementing rules and regulations (41 CFR, Part 60) are incorporated herein by reference, unless this Agreement is exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 250 of E O 11246, or provisions of any superseding E O A,, used in this clause, "Contractor" means Seller Unless this Agreement is exempted, the applicable Equal Employment Opportunity Compliance Certificate previously submitted by Seller to Buyer is by reference also incorporated herein (b) The Affirmative Action for Handicapped Workers Clause in Title 41, Code of Federal Regulations, Part 60 - 7414, and the implementing rules and regulations of the Department of Labor associated therewith are incorporated herein by reference unless this Agreement is under $2,500 (c) The Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era Clause of Title 41, Code of Federal Regulations, Part 60 - 250 4, and the implementing rules and regulations of the Department of Labor associated therewith are incorporated herein by reference, unless this Agreement is under $10,000 C-2 EXHIBIT D SCHEDULE OF HOURLY RATES EXHIBIT D MONTGOMERY WATSON SCHEDULE OF HOURLY RATES FOR ENGINEERING FEES AND OTHER DIRECT COSTS Effective April 1, 1997 Principal Professional $143 per hour Supervising Professional $112 per hour Senior Professional $ 90 per hour Professional $ 78 per hour Associate Professional $ 62 per hour Assistant Professional $ 48 per hour Senior Designer $ 88 per hour Designer $ 53 per hour Drafter $ 43 per hour Principal Administrator $140 per hour Senior Administrator $ 75 per hour Administrator $ 53 per hour Secretary $ 49 per hour Reproduction Typist $ 43 per hour Clerk $ 37 per hour Standard Rates for Other Direct Charges Associated Project Cost $ 7 25/Direct Labor Hr Automobile $ 0 31/mile CADD $28 00/hour The individual hourly rates include salary, overhead and profit Other direct charges, including outside services, will be charged at actual cost plus 15 percent These rates are re-evaluated annually, following which they will be adjusted to the current hourly rates for the classifications Rates for Senior Company Officer and other unnamed classifications to be established on an individual basis Associated project cost covers costs for reproduction, telephone and communication equipment and usage, desktop computers, facsimiles, and freight/postage charges D-1 EXHIBIT E FEE ESTIMATE TABLE OF CONTENTS 1 Professional Services Agreement 1 EXHIBITS A Scope Of Services A-1 B. Project Schedule .... B-1 C Miscellaneous Provisions C-1 D Schedule of Hourly Rates D-1 E Fee Estimate E-1 EXHIBIT E FEE ESTIMATE FOR MISCELLANEOUS WRF IMPROVEMENTS FORT COLLINS WATER UTILITY TASKS Prind"t Profeesionel 10 3/hr Sulamisin9 Prohwlonal 112 6/hr Senior Professional 90 6/hr Senior Dul9nw IS S/hr D"Igner 53 61hr AAI Secretary 63 3/hr LABOR SUB- TOTALS OTHER DIRECT CHARGES H. AmL H. Amt. H. Am Hm AmL H. Amt- Hm AmL Item AmL A-1 f Mesta,. 78 11154 1% 17,472 24480 1 Tukt A-12 manageSutm 40 4480 APCs s 2) 850 A-13 Admin 40 44M 80 42Q 8720 Pralu . P.Jl CADD Management Subtoal 20357 15% Mkup 3053 TOTAL f65,236 TB 11,154 238 28,132 80 4,240 41,826 ODC total 23,410 A 2 1 Crvil Dean 16 1 T92 18 1 408 3 200 Mo Teak 2 A ] 2 Meth Deli n APCs 838 A 2 3 Struc Design 16 1 440 1 440 Prod . 500 MWRF A24 CMS 18 1T92 1792 CADD 1120 D19estar A-25 As-Builts 24 12T2 1272 Subtotal 2258 Demo 5%Mku 330 10TAL f10,301 32 3,584 18 1,440 18 1,405 L 1,272 7,704 ODC total 2,592 A-31 CW Dean 40 4480 3D 2640 7120 M., 30000 Task3 A-32 Mach Des n 120 13"0 80 TOW 20480 APCs 25M A-3 3 Strut Des n RAS A-34 CMS 40 4480 4480 CADD 4032 System A-35 As-Bullts 40 2120 2120 Bubto 37070 Improve 15% Mkup 5630 TOTAL S78,830 2p0 22,/00 110 9,880 40 2,120 3l,200 ODC total 42,630 A41 CW Dean 24 2688 16 1,408 4006 Morton, 16 W0 Teek4 A42 Mach Dean 48 53]8 32 2816 8192 APCs 2320 A43 Struc Design 120 10800 10800 Pra =iw 500 MWRF A44 CMS 40 4MO 4480 CADD 5824 RNM A45 As-Bullts 40 2120 2120 Subtobi 24644 Station 15% Mkup 3692 TOTAL 358,929 112 1;SN 120 10,800 K 4,22! W 2,120 29,888 ODC total 25,]41 A-5 1 stwy 1 90 12 8T0 iml 11 200 24 020 Morzoni Task 5 APCs 13]8 Produ w loo M,ec CADD Studip Subtotal 1478 15% Mkup 222 TOTAL $25,760 80 12,8T0 100 11,200 2l,O70 ODC toMl 1,699 TOTAL 6236,164 in 2l,024 Got 1 761180 136 1;240 1T/ 15,312 164 1,112 SO 4,240 137,"S CDC, 98,676 2118/98 Page E 1 PROFESSIONAL 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 MONTGOMERY WATSON AMERIC'AS, INC., a corporation organized under the laws of the State of California, 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 three (3) 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. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement. Services shall be completed no later than December 311, 1999 Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto 4 Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by pioviding 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, sent to the following address If Professional Montgomery Watson 1401 171s Street Suite 600 Denver, CO 80202 Attn: Dan Peters If City City of Fort Collins Drake WRF 3036 E. Drake Road Fort Collins, CO 80525 Attn• Cliff Hoelscher In the event of any such early termination by the City, the Professional shall be paid for services rendered pnor 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. Desk, 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 negligent errors, omissions, or other deficiencies. The Professional shall mdemnify, 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 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. 6. 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 following schedule Hourly billing rates Reimbursable direct costs As set forth in Exhibit D As set forth in Exhibit D with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed two hundred and thirty-six thousand, one hundred and sixty-four dollars ($236,164) as -2- set forth in Exhibit E 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 City-venfied progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs 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 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 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, furnished by the construction contractor, on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction 9 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 10 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 11 Personal Services It is understood that the City enters into this Agreement based -3- 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 ansing under this Agreement without the prior written consent of the City. 12. 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. 13 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. 14. 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 15 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. 16 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 !Z! Jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of two (2) pages, attached hereto and incorporated herein by this reference. BY t, Jo F. Fischbach City Manager THE CITY OF FORT COLLINS, COLORADO By: l .� Ja�d!es B. O Nei 1 II, CP O Direct At Purchasing &/Risk Management DATE ATTEST- r 4 City Clerk APPROVED AS TO FORM. ssistant City Attorney MONTGOMERY WATSON AMERICAS, INC a California corporation By Title: VICE PRESIDENT Date re- i /�, /ffs - 5 - EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES FOR MISCELLANEOUS WATER RECLAMATION FACILITY IMPROVEMENTS DESIGN AND CONSTRUCTION MANAGEMENT SERVICES The purpose of this work is to produce a set or sets of documents which accurately portray the required improvements to the Drake and Mulberry Water Reclamation Facilities (WRF) so that the selected Contractor can provide accurate cost estimates with minimal contingencies and so that the work can be constructed with minimal difficulty. Following design of the improvements construction management services will be provided. In addition, a work task is included to provide miscellaneous studies of WRF processes. At this time the Miscellaneous WRF Improvements include. • MWRF Digester Demolition • RAS System Improvements • MWRF Relift Screw Pump Station Expansion • Miscellaneous Studies TASKS Following is a listing of project tasks to accomplish the work. These tasks are explained in further detail on the following pages. • Task 1 Project Management • Task 2: MWRF Digester Demolition • Task 3. RAS System Improvements • Task 4. MWRF Relift Screw Pump Station Expansion • Task 5 Miscellaneous Studies TASK 1: PROJECT MANAGEMENT Activities: A-1 1 Participate in weekly project coordination meetings and prepare minutes of each meeting. A-1 2 Manage subconsultant activities A-13 Perform project administration tasks including preparation of monthly invoices Products: P-1 1 Meeting minutes P-1.2 Monthly invoices FEW