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Home My WebLink About150670 THE SEAR BROWN GROUP STANTEC - CONTRACT - CONTRACT - 9933112PROFESSIONAL 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 THE SEAR -BROWN GROUP, a corporation, 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 eleven (11) pages, and incorporated herein by this reference 2 Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement Services shall be completed no later than December 31, 2002 Time is of the essence Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto 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 PSA 05/01 1 T a f t H i I I P r o t e c t s C o n s t r u c t i o n 255 Specialized Irrigation Inspection Sear -Brown will have Aqua Engineering, as a subconsultant on the projeci as needed to provide oversight, information and two site visits during irrigation installation Construction services by Aqua Engineering are anticipated to include the following • Submittal Review of irrigation components • Clarifications to drawings and responses to contractor RFls • Two site visits during construction to review mainline testing, layout of the system, and contractor conformance to the construction documents A Site Visit Form will be prepared for each visit These site visits will be at a time and date as specified by the City Project Manager • Final walk through and preparation of a "Punch List' 260 Art in Public Places Assist artists in identifying appropriate locations for art • Assist with the coordination between the artist and the Contractor 300 Drainage Sear -Brown will prepare documents as required by local, state and federal law regarding construction activities in drainage areas 310 LOMR Preparation The floodplain mapping revision (LOMR) will be completed in this section o F the scope Because of the effort expended on the CLOMR submittal during the final design phase, one round of City review comments and one round of FEMA review comments is anticipated for the LOMR It is assumed that City Surveyors will provide an as -built survey of the pond (full topography) all culverts (diameters, invert elevations, and lengths), and modified HEC-2 cross -sections (spot elevations over the entire length of each cross section) over the entire span of the project (Drake Road bridge to pond of Ahnstedt property) Sear -Brown will provide the cross-section coordinate points to the City Surveyors for exact location of field data collection The cross section surveys will need to be stamped by a City PLS 320 Drainage Certification The drainage certification will also be completed This will take the form of an update to the City Floodplain Report prepared during the final design phase of this project, and will thus include updated City SWMM and HEC-2 models The drainage certification will also include an updated UD-Sewer model for the Taft Hill Road storm sewer and an updated HEC-RAS model for the Pleasant Valley & Lake canal crossing Both the storm sewer and canal model updates will also require as -built inverts and/or cross -sections to be provided by City Surveyors 400 Testing Sear -Brown will contract directly with Terraeon to provide materials testing for concrete, hot mix asphalt and earthwork on the Project Testing frequencies will be as delineated primarily in the Project Specifications if a testing frequency is not detailed in the specifications, the default frequency shall be that shown in the Larimer County Urban Area Street Standards Payment for materials testing services will be paid in accordance with the "Reimbursement Schedule" included irk the attached scope of services from Terracon 99 T a f t H i I 1 P r o j e c t s C o n s t r u c t i o n 500 Project Close -Out 510 Prepare Record Drawings Sear -Brown shall prepare Record Drawings for submittal to the City based) on documentation of design and field changes made during construction Any surveying that is required to complete the Record Drawings shall be done by the City Surveyor Detailed Record Drawing of the landscape irrigation system showing specific locations of the irrigation components is not included in this scope of services The Record Drawings shall be printed on Mylar, stamped and signed by the Engineer The final Record Drawings shall also be submitted to the City electronically in an AutoCad 14, or AutoCad 2000 if format is compatible with the City system at time of submittal 520 Prepare Final Punch list Sear -Brown will conduct final walk through inspections with the City of Fort Collins staff and the Contractor to ensure compliance with specifications Sear -Brown will prepare a final punch list of uncompleted work and monitor progress through completion as directed by the City 530 Project Closeout Sear -Brown will conduct a final review of the project with the City, and review the final construction Contractor pay request with City's representative for compliance with the Construction contract Reimbursables Reimbursable expenses will be handled in the same manner as in the design contract They are the actual expenses metered directly in connection with the project and the anticipated items are detailed on the attached CM Cost Estimate spreadsheet Item No 120 has been included in the CM Cost Estimate spreadsheet to cover miscellaneous supplies and material at the on -site office Upon request from the City, Sear Brown will furnish supplies, office materials and equipment necessary for daily operations at the site office trailer SEAR BROWN '�. . September 25, 2001 The Sear Brown Group 209 South Meldrum Street Fort Collins, CO 80521 Attn Mr Dale Stein Re. Construction Materials Testing and Engineering Services South Taft Hill Projects Valley Forge South to Bronson Drive Fort Collins, Colorado Proposal No. C2001271(a) Terracon Project No. 20011155 Dear Dale 301 NIrerracon' 03 Fort Collins Colorado 80521-0503 (970) 484 0359 Fax (970) 484 0454 Terracon is pleased to submit our proposal to provide the quality control testing and engineering services during the construction phase at the above -referenced project This proposal includes an outline of the project information provided to us, the proposed scope of services, our estimated fee and the proposed testing schedule PROJECT INFORMATION As we understand, the project design has been completed for the South Taft Hill projects This project includes reconstruction of South Taft Hill from Valley Forge south to Primrose Drive, construction of medians and overlays from Primrose Drive to Bronson Drive, installation of new water lines, construction of new box culverts for Spring Creek and the adjacent trail, and construction of the regional detention pond Terracon is very familiar with the site and construction requirements, having provided the geotechnical engineering report for the site (Project No 20995198) PROPOSED SCOPE OF SERVICES Our understanding of the required construction materials testing services for this project is based upon testing at key "critical" points in the project and per the project specifications The following services are recommended for the proposed construction • Field density compaction testing and laboratory evaluation of soils for site grading, structural earthwork, utility trench backfili and subgrade preparation prior to concrete and/or paving, • Field testing and laboratory evaluation of concrete used such as for roadway paving, concrete bikeways, foundations, slabs, sidewalks and curb concrete, • Engineering observation for confirmation of site soils and construction procedures and preconstruction meetings, as required, and • Field testing and laboratory evaluation of asphalt concrete materials used during pavement construction Part-time testing services have been estimated for testing and inspection services Full-time observation services were utilized for caisson observation services The detailed scope of services envisioned to complete the testing is as follows Arizona 0 Arkansas 0 Colorado 0 Georgia 0 Idaho 0 Illinois 0 Iowa 0 Kansas ■ Kentucky a Minnesota 0 Missouri Montana 0 Nebraska 0 Naiads 0 New Mexico 0 Oklahoma 0 Tennessee 0 Texas 0 Utah 0 Wisconsin 0 Wyoming Quality Engineering Since 1965 South Taft Hill Projects Page 2 Proposal No. C2001271(a) Terracon Protect No 20011155 lrerracon Field Density Compaction Testing Field density compaction testing will be performed on a part-time basis by an Engineering Technician during site grading, subgrade preparation and fill operations at the site Additionally, we will provide part-time density compaction testing for utility trench backfill, subgrade preparation and aggregate base course placement prior to placement of asphalt or concrete The field services will be supported by appropriate laboratory evaluation of sods used as fill or backfill on the site The laboratory testing will include laboratory moisture -density relationship (Proctor), sieve analysis and Atterberg limit determinations as required Laboratory material evaluations will be conducted at a minimum for each type of soil encountered during fill placement The testing will be performed to determine compliance with project specifications The contractor/Sear Brown/City of Fort Collins representative on the site will be informed of our field observations and test results Written reports of test results including daily observation reports (as required) will be prepared on a regular basis throughout the project duration and distributed per your directive Concrete An Engineering Technician will be provided on a part-time basis to sample the plastic concrete used during construction of site structures and building placement on site as applicable Additionally, we will test the pavement concrete, sidewalk, curb and gutter concrete The concrete will be tested for slump, air content and temperature at the time for each set of cylinders cast Sets of four (4"x8" or 6"x12") cylinders will be molded at each sampling All samples will be field cured at the site and returned to our laboratory for moist curing prior to compressive strength testing Compressive strength testing will be conducted at 7-day (1 cylinder) and 28-day (2 cylinders) intervals for 4 cylinder sets to determine compliance with project specifications One sample from each set will be held for further evaluation if required The contractor/Sear Brown/City of Fort Collins representative on the site will be informed of our field observations and test results along with a daily report for their review and approval. All test results will be conveyed after testing is completed Additional testing of slump, air content and concrete temperature will be provided as requested to assist in monitoring concrete consistency Our recommendations for concrete testing would require one set per day for structural concrete placements, and then one set of 4 cylinders per 50 cubic yards for major placements Our estimate indicates the following number of sets will be molded and tested for this phase of the project • Pavement • Median Paving and Exposed Aggregate • Curb -Gutter • Tunnels, Bndges and Class B • Sidewalks, Ramps and Island • Bikeway. • Miscellaneous 35 sets 6 sets 22 sets 19 sets 18 sets 10 sets 2 sets 112 sets Hot Mix Asphalt (HMA): Field density compaction testing by nuclear methods will be provided by an Engineering Technician on a part-time basis during the placement of asphalt concrete at the protect The asphalt concrete will be sampled and submitted to our laboratory for extraction -gradation and theoretical maximum (nce) daily to check for compliance with project specifications HMA samples will be obtained at a frequency of once/500 tons or per day during paving Additionally, we are available to obtain dnlled core samples from the completed pavement if requested Cores, if obtained, will be used to correlate the nuclear density readings and to provide acceptance thickness and South Taft Hill Projects Page 3 Proposal No. C2001271(a) Terracon Project No. 20011155 lrernacon density confirmation Daily reports of test results will be available on -site for your review, and a written report will be prepared at the completion of the project COST OF SERVICES The cost for our services including all field work, laboratory testing, engineering analyses and report preparation has been estimated on the basis of unit rates especially prepared for this protect For testing and observation services, our costs are based on the following estimated number of trips and on -site times Earthwork (Embankment, Recondition Subgrade, Aggregate Base and Utilities) 175 trips at 1 5 hours per trip for density compaction testing during subgrade and fill placement (estimated average of 5 tests/trip), and • Laboratory testing of which will include 25 proctor and classification tests Concrete Testing: • 112 sets of 4 concrete cylinders cast for compressive strength and field physical property testing for placements at and estimated of 2 5 hours per set (including cylinder pickup) HMA Site Paving and Patching: • 30 trips at 1 5 hours per trip for sampling and density compaction testing of HMA paving, and Laboratory testing of which will include 27 extraction -gradation and 10 theoretical maximum tests to check conformance to project specifications The estimated cost for providing the above services on the protect is as follows Phase of Project: • Earthwork • Concrete Testing • Hot Mix Asphalt TOTAL PROJECT ESTIMATED COST ........................... ............... Estimated Cost: $17,110 $17,230 $6,550 ...$40,890 The time required for construction materials testing on the protect will be directly related to the schedule and performance of the various contractors on the site As a result, total fees for the construction materials testing services will include only those services outlined in this section of the proposal Additional services required for testing services beyond the on -site times outlined above will require additional approval by the City of Fort Collins Project Manager Additional services, once approved, will be invoiced based on the applicable unit rates as presented on the attached project reimbursement or materials service fee schedule(s) in accordance with our City of Fort Collins contract unit pricing South Taft Hill Projects Page 4 Proposal No. C2001271(a) Terracon Project No 20011155 Arramn Our estimated fees are based upon our understanding of the project based on the information provided Additionally, the following assumptions were used in preparing our estimated fees • Technicians/personnel will be invoiced at an hourly rate plus laboratory testing at the appropriate unit prices per the City of Fort Collins contract • We have assumed that contractors on the site will work a single -shift, six -day week schedule, • All work performed on Sundays and holidays will be billed at 1 3 times applicable hourly rates, • Should additional services be required beyond the scope of work outlined above, our standard unit rates will be applicable, • The Sear Brown Group and/or City of Fort Collins representative will schedule testing and inspection services, • Unit rates will be applicable for on -site durations in excess of those outlined per our contract, and • Invoices for the protect will be submitted on a bi-monthly reporting basin with a summary of cost of services to date versus the project amount AUTHORIZATION We appreciate the opportunity of submitting this proposal and are available 10 discuss the details of this proposal with you The City of Fort Collins agreed upon Terms and Conditions are considered a part of this proposal Receipt of your signed "Acceptance" will be Terracon's authorization to proceed We appreciate your consideration of Terracon for this work and look forward to working as your geotechnical and construction materials consultant on this and future projects Sincerely, TERRACON &� /X Mike L Walker, CET Manager of Construction Services Copies, Addressee (3) Enclosure Terms and Conditions Construction Materials Fee Schedule i Accepted this 3 day of Oeroog�L AD 2001 By „ (Individua Of ! _ir91 rp am dccl -s (Company) South Taft Hill Projects Page 5 Proposal No. C2001271(a) Terracon Project No. 20011155 REIMBURSEMENT SCHEDULE Construction Materials Testing Services PERSONNEL Principal Engineer Protect Geotechmcal Engineer/Department Manager Senior Field Technician Field Technician LABORATORY TESTING Atterberg Limits and Classification Plus and Minus No 4 Wash Analysis Laboratory Moisture Density Relationships Standard Proctor One -Point Check Compression Testing of Concrete Asphalt Content/Gradation Concrete/Asphalt Coring NErmcon $95/hour $63/hour $52/hour $42/hour $63 each $83 each $68 each $26 each $8 each $125 each $26/hour plus $2/inch 'Note Items not addressed above will be invoiced per the City of Fort Collins Exhibit "B" Fee Schedule as included in our contract with the City of Fort Collins ®Keith Meyer, P.E. Jason Stutzman, P.E. City PMs and Technical Support • Submittal Review • On Call Inspection • "OWNER" preference Direction CONTRACTOF Project Superint, Work by Othersi i Light and Power Traffic (Signals, Sign. ��w, Ken Matthews, P.E. M —EA allow David Thaemert, P.E. design Angie Milewski Doug McDonald Consultant Technical Support • Specialized On Call Inspection • Desie Clarification • Cuhmittal Ruview p EXHIBIT B South Fart HIII Roadway Projects Construction Management Cost Estimate Item Task Project Management Strut tuba, Projectd CABO/ Accounn Clencall TOTAL Se SB COST BHA BHA AQUA Terri SUB COST Reimbur sables SUBTOTAL Dale DividT Engineer Gary Engineer Paul g LorinL Intem Lose HOURS COSTS 7Angi,M Luke0 Ken M Jeremy F Jane B Ryan A Martina W Paula F $1W 9500 $11000 $65 do S5000 $3500 S85 $57 100 PRIOR TO NTP AND PROJECT MANAGEMENT 110 Protect Team Meei Onotmdudi. 0royress meetlrpst 12 4 2 12 2 8 40 $2,960 4 4 $568 $107 $3635 120 Field Office Ser, 4 16 20 $1440 $0 $500 $1940 130 Utility Coordination 8 24 32 $2360 $0 $120 S2,480 140 SuveY'Stekmq Coord na`on 8 16 24 $16A $0 $0 $1,840 150 Public Relatiom(Wattles updates Ayers etc) monN,v eftorls 15 30 45 $4350 30 $2550 $119 $7,019 _ _ _ _ - _ -s;. SUBTOTAL(HRS) 47 =no N 12 _ _ - -6B _ =2 _ _ =8 _ _ ===__161 -34 -� 4 =--------==-=SUBTOTAL_f-$,Z n_S1,]00 -P230 -$220 =$4,420 4= "$100 _3280 x�-_ _ = $12,950 _=$21190 228 _=-$i)-u-$0 _— -= E3,118 =§046"_ -_---'Etfi 914 200 CONSTRUCTION SERVICES 21D COrietruction Admmistraon(manapement Ing, and acmunhngf 8nrS'65 wks 52C 96 616 $56 800 $0 $192 $56992 215 Daily Field Serymes, onspecbon and meatngs) 35 hrs 65 wks 2275 2275 $147,875 $0 $21 So $150035 220 Pmled Repute, and Documentation 5has 65 wks 325 325 $21125 $0 $228 $21353 225 Construction Stebry Ev Ccv) 0 $0 $0 So $0 2305peciatzed/rechreal Road lospeeton and Information 4M1r5'24 wks W 8 104 $10480 $0 S77 $10557 235 SpeciatredRechmcal Food! Inspection and Information 4 his 24 wks 96 8 104 $10,0o0 $0 S77 $10077 240 Spenabzed7echmcal Waterline Inspection and information any ]wks 56 56 $5320 $0 $22 $5342 245 SOenalized7behnlcal Trail lnspecton and Information tons 8wks) 4 a 12 $1280 18 30 $3240 $26 $4546 250SpePdLzed?eenmWl Landscailob,curan and lmennatOn I6hrs 12wk51 4 4 $400 32 40 $5000 $38 $51438 255 SpenallzeMechnical lromeon Inspection and Informal see attacnelsrvpe 4 4 $400 $2400 $2400 $19 $2619 260 Ad In Public Places 8 e 8 24 $2200 6 S510 $100 52810 ---=SUBTOTALfHRS1 _ —e30 = -:_152 =`20 =2608 =90 _---0 —is 56 SUBTOTAL ($) =$63 Bro =$14440 $3520 =_$ifi9,520 -$6,BD0 =-$0 =--- -; =-Hilt. 80 �54]fi10 00 ®-x S3,990 D =$2400 =$iJ $0-$2,93 -511150 =E2r939- = 5369y969 300 DRAINAGE 310 LOMR Preparation(9oodplan boundanes) 4 72 32 108 S6680 $0 $725 S7,,405 320 Drainage CeNficahon_ ___ _ _ __ 4 48 24 76 S4 720 $0 $350 S5070 _- _____ ____________ =�` -' "SUBTOTAL" HRS --8 __ _�0 ____ _ —' ________ — _____ --- - _ _ _ _ .... "-184 ____ _ _.�— _________ = 0 _ _ --_-. -- = ---- _ ___ _�� =SUBTOTAL_(.$) _$800 �.-..�0 -- _ $0--$Ty800 ==52800 _ =$0 - � __St1400 =�$0 =50 �=$0 =50 -_ - EO =51 �)5 : --_f12,,475 400 TESTING 410 Earthwork 0 SO $17,110 $17110 $0 $17110 426 Concrete Teebng see attached Scone 0 $0 $17230 $17,,230 So $1723C 430 Hot Mix Asphal so_-__ ----- _ ----- ==^SUBTOTALfHRSt __ _......_. --•- _= - � ..m_ _- SUBTOTAL $ { ) _— i10 ==So _ ==50 S - _ --0 _- _ =�80 - --__ __ ^_ 0.--- _ — -'-'_ 50 =o $0 _ ==0 _ _ ==6====D— =-,-=U - _ �=-= 0 E -- - _ _S0 _ -�—$0 _ - _ = -- $0 _____ =840,890 ==540,890 _ n EO--- _ - -_ 540,89( _- 500 PROJECT CLOSE OUT 510 _ Record Drawings jAs Builts) 8 4 4 4D 32 88 $5820 8 16 $1592 S5476 51288E 520 Punch List 12 4 4 40 60 $4620 4 2 $454 S14 $5088 530 Protect Closeout 11 4 4 16 56 $4,260 2 2 $2. S170 $4,1" --- "--'-'----- "-'-_" - SUBTOTAL (HRS) - 36 Y ^=12 -=_12 -. 96 _16 v=-48 _ —0 c==-204 _ =-"= c 14 � 20 _W SUBTOTAL"(5 j $3 Sol $1140 =$1 320 -=-=$6240 �82 J00 - 50 E14,700 -81190 =31,140 z350 ==-==$0 =52,330 _ 55,660- nE2�,690 TOTALS $72,700 $18,810 $5,060 $187,980 E10100 E280 ama $294,930 E8840 §5 ]58 §2400 $40890 $57488 $10519 $362937_ SPECIFIC OF PAY SCHEDULE not to exceed Pay rates $toa $100 Silo $75 so $35 $14,198 South Taft Hill Roadway Projects Reimbursable Details Item # Task Copies $014 Misc $100 Postage $100 Plots $1000 Printing Color photos $099 Mileage $032 Film $1500 Subtotal Costs 100 PRIOR TO CONTRACTOR NOTICE TO PROCEED 110 Project Team Meetings 50 100 $107 120 Field Office Setup equipment/supplies as requested by city 500 $500 130 Utility Coordination 500 50 $120 140 Survey/Staking Coordination $0 150 Public Relations Activities 20 50 5 50 $119 ==SUBTOTAL (units) =_ =�570 -� 500 xy �200 = 5 ._-- 0 ="" 50 o- ([ 646 SUBTOTAL ($) =$80 :.;.� $500 =:.$200 . $50 —z' $0 _=_ =$16 `-$0 =--=— 200 CONSTRUCTION SERVICES 210 Construction Administration (management and meetings) 10 miles/wk 600 $192 215 Daily Field Services 300miles/ 100 dig pictures /24 photos/ me 500 4500 15 $2 160 220 Project Reporting and Documentation 5 copies/day 1625 $228 225 Construction Staking (By City) $0 230 Specialized/Technical Road Inspection and Information 10 miles/wk 240 $77 235 Speaal¢ed/Technical Pond Inspection and Information 10 miles/wk 240 $77 240 Speaalrzed/Techmcal Waterline Inspection and Information 10 miles/wk 70 $22 245 Specialized/Technical Trail Inspection and Information 10 miles/wk 80 $26 250 Specialized/Technical Landscape Inspection and Information 10 miles/wk 120 $38 255 Specialized/Technical Irrigation Inspection and Information 10 miles/wk 60 $19 260 Art in Public Places_ 10 $100 - __ _ _ _ _ _ _ - -- -- __ — - SUBTOTAL:{units) 1625 �==0 0 =10 ==500 5910 = 15 v-' $2,939 _--' — --- .�..—'_ - -----_ _--- -_---SUBTOTAL=($) $228. =$0 _=$0 =$100=$495 =$1,891 = $225 300 DRAINAGE 310 LOMR Preparation (floodplain boundaries) 150 30 8 600 $725 320 Drainage Certffication __ -------- --__-- _- -- _ — _� BT TAL'(unrts) -__-- = � =-170 _ = =-0 _ _ �.�40 =mi2 _ 900 == 0 _ 0 .. w:J�t,075 ---- SUBTOTAL ($) _'—=$24 --==$0 �=$40 = _$--- ==- -- =$0 - =---- -- '_ 400 TESTING 410 Earthwork $0 420 Concrete Testing $0 430 Hot Mix Asphalt _ .. _ $0 .. .... .. . .... ... _ - ---- --=SUBTOTAL:(umis)0' =,-0 =0-.0®.-=.0.:D ==SUBTOTAL`($) .$0 — =$0 $0 =.$0 $0 =$0 --$0 �--' '_ 400 PROJECT CLOSE OUT 410 Record Drawings (As Butlts) 1,200 120 400 1 200 $5 476 420 Punch List 100 $14 430 t eo Project Closeout 500 100 $17 0 == _ _ _ __ _ _ _____ _ _ ___ _ _ __ _ _ _ _ _ �... -"`--------- "= —SUBTOTAL(units) _ _ ®1 800 _ �_= 120 _ .�-100 =400 _--=--1'200 _ �0 _ _ �_.,._._.W.��.-- - ,._. ._.dSUBTOTAL ($-) _ $252 �$t20 �—$100 �.$4,000 —$1'188 �$0 = =$0 TOTALS $583 $620 $340 $4,270 $2,5741 $1,907 $2251 $10,519 Professional The Sear -Brown Group 209 South Meldrum Fort Collins, CO 80521 John Lang, Project Manager City of Fort Collins Engineering Dept P O Box 580 Fort Collins, CO 80522 With Copy to Opal F Dick, CPPO Senior Buyer City of Fort Collins Purchasing/Utilities P O Bor 580 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 right and remedy for such termination 4 Design 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 Cit 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 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 Three Hundred Sixty-two Thousand Nine Hundred Thirty-seven Dollars($362,937 00) which includes reimbursable direct costs, as set forth in Exhibit "B", consisting of two (2) pages, and incorporated herein by this PSA 05/01 2 reference All such fees and costs shall not exceed Three Hundred Sixty-two Thousand Nine Hundred Thirty-seven Dollars ($362,937 00) The parties acknowledge that BHA Design, Aqua Engineering, and Terracon are not parties to this agreement However, the rates listed for seances 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 exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City 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 protect representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the protect All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative 7 Protect Drawings Upon conclusion of the protect and before final payment, the Professional shall provide the City with reproducible drawings of the protect containing accurate information on the protect as constructed Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction 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, PSA 05/01 3 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 Lie 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 PSA 05/01 0 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/Severabihty 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 PSA 05/01 5 THE CITY OF FORT COLLINS, COLORADO John V Fischbach City Manager By Jarles B O'Nedl II, CPPO, FNIGP Direct r of/ urchasing & Risk Management DATE / 'G ATTIST � al)E� A�" — City Clerk I (� APPROV D AS T FORM Ass--ista�nt City Attorney THE SEAR-BRO N GROUP By I/ _ Title /GC- CORPORATE PRESIDENT OR VICE PRESIDENT Date //— /— 0/ AT_E T —� (Corporate Seal) C Sec etary PSA 05/01 EXHIBIT A Construction Administration, Management and Inspection Services for the South Taft Hill Roadway Projects Scope of Services Introduction This scope of services represents the construction administration, management, and inspection services associated with the construction of the City of Fort Collins' Taft Hill Projects (hereinafter referred to as the Project) This scope accompanies the attached Construction Management (CM) Cost Estimate spreadsheet that details tasks and anticipated professional staff effort These services will be completed on a time and expense basis with a not -to - exceed fee limit as shown Basic Services Sear -Brown will provide a Project Manager, a Project Engineer and "Specialized / Technical" assistance to aid the City in daily construction administration, management and inspection services The Sear -Brown Project Manager and "Specialized" assistance will not be on site full time, but will be available to assist the City at the level of effort shown in the attached CM Cost Estimate spreadsheet A Project Engineer shall be on site on a full time basis, not to exceed 40 hours per week on average unless directed by the City The team will provide "Specialized/Technical" services as needed for the various project components Sear - Brown personnel as well as its sub -consultants, bha design and Aqua Engineering would provide this service it is assumed that these services will consist of providing clarification to plans and specifications, equipment and materials submittal review, attending on -site review meetings as needed, and providing "specialized" inspection services upon request Assistance in the preparation and/or review of Contractor Change Orders as necessary is included within the Project Management effort shown in the CM Cost Estimate IVlinor design and re -design efforts that can be accomplished within the anticipated 40 hours per week by the Sear -Brown Project Engineer, as directed by the City, shall be included in this scope of work Major design efforts for new project improvements, outside the original scope of the project requiring additional Sear -Brown staff, are not included in this contract Sear -Brown shall notify the City, and gain approval from the City, prior to any design work outside the scope of this contract Specific project task items are identified below with the anticipated level of labor effort shown on the attached spreadsheet To assist in monitoring the project budget hours/fees will be tracked on a monthly basis by Sear - Brown and reported to the City for review with Sear -Brown invoices Because the nature of the work is makes it difficult to accurately estimate hours this scope assumes a level of effort as a basis A sustained higher (or lower) required level of effort would be a basis for re-evaluation of tasks and/or re -negotiation of fees It is the intent of Sear -Brown to work with the City to match the level of effort with the ongoing Contractors construction activities Sear -Brown will monitor the level of effort expended by Sear -Brown and the sub -consultants on the project and report this effort to the City on a monthly basis Discrepancies, high or low, will be brought to the attention of the City Project Manager 1 SEAR BROWN IN T a f t H i I I P r o j e c t s C o n s t r u c t i o n Project Personnel It is assumed as a basis for this proposal that the Project will be staffed and organized generally as shown in the attached organization chart The City will provide to the Project a full-time Construction Manager who will act as main contact point with the Contractor Sear -Brown will provide Dale Stein as the part-time Project Manager, and Paul Jagim as the full-time Project Engineer who will act as agents for the City during daily construction activities Sear -Brown shall also provide to the Project, staff at the equivalent leve I should they be needed, to replace the Sear -Brown personnel during vacations, sick or administrative leave Should the identified personnel not be available for this project, other than for short term reasons as describes above, the City may elect to renegotiate or cancel this contract Basic Tasks 100 Prior to NTP and Protect Management 110 Meetings Sear -Brown staff will be available to attend meetings as necessary to facilitate the start-up of the construction work 120 Field Office Setup Sear -Brown staff will assist the City in preparation of the field office for construction activities Sear - Brown shall furnish and install one PC computer to the project trailer for use by Sear -Brown and shall furnish typical office supplies for use by Sear -Brown Purchasing of additional supplies or equipment by Sear -Brown shall be at the direction of the City Project Manager 130 Utility Coordination Sear -Brown staff will be available to assist with the coordinate with utility companies to facilitate the relocation of utilities 140 Survey/Staking Coordination Sear -Brown staff will work with City survey crews as necessary to facilitate the surveying and staking of the project 150 Public Relations Activities Sear -Brown and bha staff will provide necessary public relations support on an hourly basis This is anticipated to include monthly website updates, and newletters or flyers lobe direct mailed This does not include an open house, nor the previously scoped public information for residents in the Dunbar area 200 Construction Services 210 Construction Administration Sear Brown shall provide a part-time Project Manager to provide construction management assistance to the City staff Related management activities shall include the following tasks • Act as a liaison between the City and Contractor • Maintain communication to City Project Manager regarding project progress, problems, and any possible modifications to project plans • Perform public relation duties upon request from the City It is assumed as a basis for this proposal that the City shall be responsible for activities including preparation of public notices, correspondence, and meetings with property owners, concerned citizens and others interested in project related issues Review the Contractor's monthly progress estimates for accuracy T a f t H i I I P r o j e c t s C o n s t r u c t i o n • Attend and document weekly progress meetings • Prepare and/or review construction Change Orders upon request • Prepare weekly summary of work for the Owner • Interpret project plans and specifications • Review and maintain a project file including shop drawings • Prepare responses to Contractors' requests for information 215 Daily Inspection Services Sear Brown shall provide a full-time Project Engineer to provide assurance level inspection of items installed on the project in accordance with the requirements set forth in the project specifications Related' inspection activities shall include the following tasks • Conduct quality assurance inspection of the Contractor's work as requested by the City • Take appropriate action regarding nonconforming work • Prepare written correspondence to Contractor regarding nonconformance work Attend weekly progress meetings Prepare written clarifications or minor modifications to the plans and specifications 220 Project Reporting and Documentation Sear -Brown will furnish the staff to adequately report on and document the activities of the project • Document construction activities on Daily Report • Maintain project submittal log • Maintain photo logs • Maintain accurate notes to be used in preparation of As -Constructed plans Document and track Contractor pay quantities 230 Specialized Road Inspection Sear -Brown will have an Engineer on the project as necessary to provide oversight and specialized or highly technical inspection 235 Specialized Pond inspection Sear -Brown will have an Engineer on the project as necessary to provide oversight and specialized or highly technical inspection 240 Specialized Waterline Inspection Sear -Brown will have an Engineer on the project as necessary to provide oversight and specialized or highly technical inspection 245 Specialized Trail Inspection Sear -Brown will have an engineer or landscape architect on the project as necessary to provide oversight and specialized or highly technical inspection 250 Specialized Landscape Inspection Sear -Brown will have a landscape architect on the project as necessary to provide oversight and specialized or highly technical inspection