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HomeMy WebLinkAbout102630 OWEN AYRES AND ASSOCIATES - CONTRACT - RFP - 10418PROFESSIONAL SERVICES AGREEM THIS AGREEMENT made and entered into the day and year set THE CITY OF FORT COLLINS, COLORADO, a Municipal to as the "City' and OWEN AYRES & ASSOCIATES, a corporation, to 'as 'Professional" WITNESSETH In consideration of the mutual covenants and obligations herein 1 between the parties hereto as follows i below, by and hereinafter referred it is agreed by 1 Scope of Services The Professional agrees to provide services in' accordance with scope of services attached hereto as Exhibit "A", consisting of six (6) pages, land incorporated ein by this reference 2 Time of Commencement and Completion of Services The services to be performed 'suant to this Agreement shall be initiated within three (3) days following xecution of this reement Services shall be completed no later than June 1, 2002 Time is of the essence Any ensions of the time limit set forth above must be agreed upon in carding by thl parties hereto 3 Early l_ermmation by Cdy Notwithstanding the time periods contained herein, the may terminate this Agreement at any time without cause by providing iwritten notice of nation to the Professional Such notice shall be delivered at least fifteen (15) days prior to the date contained in said notice unless otherwise agreed in writing by the parties notices provided udder this Agreement shall be effective when mailed, to the following addresses 05/01 1 prepaid and sent I Stream Flow Evaluation The Design Team will evaluate stream flow characteristics for low, high, and normal summer conditions from USGS gage data These flows will be used in the hydraulic modeling of the baseline coudition and alternative analyses 2 Baseline Hvdraulic Conditions The Design Team shall develop a HEC-2 hydraulic model of the project reach to establish a baseline for existing hydraulic conditions Flow velocity, depth and shear stress for each of the modeled flows will be evaluated and tabulated It is anticipated that up to five flow conditions will be modeled, including the low, high, and normal summer flows and the 100-year event 3 River and bank stability The Design Team will review the stability of the current channel conditions and assess stabilization needs for project alternatives Hydraulic conditions estimated from the HEC-2 modeling will be used as a basis for erosion prevention requirements 4 Alternatives Preliminary Designs Once the alternatives have been formulated, the Design Team will prepare preliminary designs for each alternative, including budgetary cost estimates Preliminary designs will consist of plan views and cross section details sufficient to support accurate material volume estimates and subsequent construction cost estimates i 5 Alternatives IIydraulic Conditions A HEC-2 hydraulic analysis will be completed for each alternative, as necessary, to assess hydraulic conditions for a range of flows Flow velocity, depth, and shear stress will be evaluated and compared to the baseline condition results 6 Presentation Graphics The Design Team will develop conceptual presentation style drawings for each alternative, showing a plan view and cross section views of the channel improvements Task 3. Development of the Preferred Plan. Following the selection of a preferred alternative, the Design Team will 1 Refine the preferred alternative into a master plan map that illustrates specific improvements in the channel and along the river 2 Revise budgetary cost estimates and identify logical construction sequences 3 Present the draft plan to the Project Team for comments 4 Incorporate comments and prepare master plan exhibit for review by city boards 5 Provide exhibits and staff for public meeting or open house 6 Meet with the Project Team to review comments received by the boards and the public 7 Finalize drawings 8 Compile preliminary draft report Provide the City with 4 copies for internal review 9 Respond to city staff review comments and submit I original draft report 10 Review comments and agree upon final revisions with staff Submit final original document to the City Poudre River Enhancement Project— Linden to Lincoln IV. Project Coordination. The Design Team will work with the Project Team to identify public forum sti ategies and other venues for dissemination of information A summary of the anticipated meetings and in Formation requirements necessary for the public process is as follows 1 Project kickoff meeting 2 First meeting with adjacent property owners — define site constraints and opportunities 3 Constraints and opportunities design charette — with the River Team to develop a summary of constraints and opportunities 4 Alternatives design charette — with the River Team to formulate three alternatives for recreational, environmental, and river channel stability improvements 5 Second meeting with adjacent property owners 6 Alternative selection design charette — with the River Team to select a preferred alternative 7 Public Open House — City staff presentation of opportunities and constraints, process, and preferred alternative Consultant will provide displays and staffing to assist in open house. 8 Presentation Meetings to Potentially Affected Interests (PAI) — presentations by City staff Consultant will prepare presentation materials, display boards, and PowerPoint slides for the preferred alternative 9 Project meetings — monthly meetings with Design Team and Project Team to discuss project issues and progress A total of six meetings are estimated These will be interactive working sessions, facilitated by the Design team and will involve (1) reviewing inventory data and program development, (2) developmg mformation for alternatives, (3) evaluating alternatives, (4) comments and refinements of preferred plan, and (5) reviewing final design, costs, and priorities V. Submittals Milestone Description Completion Date _ NTP Notice to proceed _ Approximately May 1, 2001 1 Composite base map and site inventory 60 days following NTP data 2 Project alternative summary (drawings, 100 days following NTP preliminary cost estimates, and hydraulic data) 3 Preferred alternative exhibits 150 days followmg NTP 4 Preliminary draft report (text, tables, 150 days following NTP fi ures, maps, cost estimates, etc ) City Staff provide review comments on 20 days following report preliminary draft report submittal 5 Draft report 30 days following receipt of comments City Staff provide review comments on 30 days following report draft report submittal 6 Final report 20 days following receipt of comments Poudre River Enhancement Project —Linden to Lincoln No Text k ul G l;�a,lv! #}!!■! w\ _ / " --------.®\--.- \ƒ RE { ) , ƒ ! I d ! \} �! /ƒ k } k } Professional City With Copy to Scott Hogan Bob Smith, Utilities Opal F Dick, CPPO, Sr Buyer Owen Ayres & Associates City of Fort Collins City of Fort Collins 3665 JFK Parkway P O Box 580 Utilities/Purchasing Bldg 2, Suite 200 Fort Collins, CO 80522 P O Box 580 Fort Collins, CO 80525 Fort Collins, CO 80522 the event of any such early termination by the City, the Professional shall be. paid for services ered prior to the date of termination, subject only to the satisfactory :ssional's obligations under this Agreement Such payment shall be the Pri remedy for such termination 4 Design, Project Indemnity and Insurance Responsibility The I responsible for the professional quality, technical accuracy, timely completion of all services rendered by the Professional, including but not limited to deg speafications, and drawings and shall, without additional compensation, p ct any errors, omissions, or other deficiencies The Professional shall inc harmless the City, its officers and employees in accordance with Color ages whatsoever claimed by third parties against the City, and for the attorneys fees, arising directly or indirectly out of the of any of the services furnished under this Agreement The general liability insurance in the amount of $500,000 combined si omissions insurance in the amount of $2,000,000 5 Compensation In consideration of the services to be performe lent, the City agrees to pay Professional a fixed fee in the amount of One ind Dollars ($118,000 00) including reimbursable direct costs, as set f 05101 2 formance of the 3 onal's sole right �ssional shall be the coordination plans, reports, )tly remedy and mnify, save and do law, from all ity's costs and onal's negligent ial shall maintain limits, and errors pursuant to this lundred Eighteen th in Exhibit "B" hereto, consisting of one (1) pages, and incorporated herein by this and costs shall not exceed One Hundred Eighteen Thousand Dollars acknowledge that EDAW, Inc is not a party to this agreement However, to be provided by this subcontractor shall be the rate paid by the City these services If the amount charged by this subcontractor exceeds the " the excess amount shall not be paid or owed by the City The limitation on i set forth in section 4 herein shall apply to all rates listed in Exhibit "B" including su MII nthly partial payments based upon the Professional's billings and itemize( permissible The amounts of all such partial payments shall be based upon t City -verified progress in completing the services to be performed pursuant her 61ty's approval of the Professional's actual reimbursable expenses Final paym( following acceptance of the work by the City Upon final payment, all design specifications, drawings, and other services rendered by the Professional shall property of the City 6 City Representative The City will designate, prior to commence project representative who shall make, within the scope of his or her authority, proper decisions with reference to the project All requests for contract interpr orders, and other clarification or instruction shall be directed to the City Represe i 1 7 Project Drawings Upon conclusion of the project and before fi Pri fessional shall provide the City with reproducible drawings of the project co information on the project as constructed Drawings shall be of archival quality, p mylar base material using a non -fading process to prove for long storage reproduction PSA 05/01 3 rence All such 18,000 00) The ie rates listed for the Professional s listed in Exhibit Dreases in prices )contractor rates statements are e Professional's to and upon the nt shall be made plans, reports, )ecome the sole ment of work, its II necessary and lotions, change ntat(ve )al payment, the itammg accurate epared on stable snd high quality 8 Monthly Re ort Commencing thirty (30) days after the date of -eement and every thirty (30) days thereafter, Professional is required to Dresentative with a written report of the status of the work with respect to the Schedule, and other material information Failure to provide any required at the option of the City, suspend the processing of any partial payment requr 9 Independent Contractor The services to be performed by Pro oflan independent contractor and not of an employee of the City of Fort Collins responsible for withholding any portion of Professional's compensation anent of FICA, Workers' Compensation, other taxes or benefits or for any o 10 Personal Services It is understood that the City enters into this the special abilities of the Professional and that this Agreement shall be for personal services Accordingly, the Professional shall nor delegate any duties arising under this Agreement of the City 11 Acceptance Not Waiver The City's approval of drawings, rations, reports, and incidental work or materials furnished hereunder sha the Professional of responsibility for the quality or technical accuracy of the approval or acceptance of, or payment for, any of the services shall not be cc a aiver of any rights or benefits provided to the City under this Agreement 12 Defaull Each and every term and condition hereof shall be de nent of this Agreement In the event either party should fail or refuse to terms of this agreement, such party may be declared in default 13 Remedies In the event a party has been declared in default, I PSLA 05/01 4 execution of this provide the City cope of Services, rnthly report may, I ssional are those The City shall not sreunder for the ier purpose agreement based onsidered as an Cher assign any the prior written designs, plans, II not in anyway work The City's to operate as to be a material according to i defaulting party shall be allowed a period of ten (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 14 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 16 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 . t4tyavt.� t..tY.:ti c E6�7EST W,. APPPPROV/ D AS Assistan City A ATTEST /7 Corporate Secre ary PSA 05/01 THE CITY OF FORT COLLINS, COLORADO By V Fischbach City Manager By gJ mes B O'Neill II, CPPO, FNIGP Direc of Purchasing & Risk Management DATE OWEN AYRES & ASSOCIATES QQ� By 2 j—c Title Ge 'pIz;SIDv,3-T- OAMMZfh�oueCE5 CORPORATE PRESIDENT OR VICE PRESIDENT Date q ZS /o I (Corporate Seal),?=3" EXHIBIT "A" September 10, 2001 SCOPE OF WORK SUBJECT: Poudre River Enhancement Project - Lincoln to Linden CONSULTANT: Ayres Associates, Contact Scott Hogan PROJECT MANAGEMENT: Bob Smith, Utilities — Lead, the Project "Team is made up of members from the following departments — Storrnwater, Parks and Recreation, Advance Planning, and Natural Resources The Design 'I earn is made up of representatives of the consulting firms of Ayres and Associates and EDA W The River'l eam is made up of several city departments and individuals within the City organization with an interest in the Poudre River I. Project Area. The project area for the services defined within this scope of work is delineated in Figure 1 The study reach extends along the Cache la Poudre River reach from Linden Street downstream to Lincoln Avenue The improvements for this phase will be focussed within the project area, but will be consistent with the adjacent improvements identified by the Downtown River Corridor Improvement Plan IL Project Purpose. To initiate a project that inlegiates of balances bank and channel stabilization measures, riverbank iecication activities, historic structure compatibility and enhancement, sensitive landscaping of riverbank ecosystems, river habitat and property owner activities on each bank of the Poudre River from Lincoln Avenue to Linden Street M. Description of Services Required Consultant shall provide expertise in the following areas (1) Floodplam I lydrology and Hydraulics, (2) River and Bank Stability, (3) Terrestrial Biology, (4) Graphics, (5) Fdc,ihtation, (6) 1 andseape Architecture, (7) River Bank Recreation, (8) Pcioutting Requirements and (9) Final Report Preparation 'I he Consultant shall assemble a design team consisting of internal staff members and subconsultants who arc well vused in these areas of expertise Services shall include a detailed inventory of ecological, recreation, historical, and river and bank stability constraints for the reach and to provide final documents thal meorporales the various visions for the river reach which will be used to direct the preparation of the, final constriction plans and specifications Analysis will be performed on alternatives, which will involve the generation of cost estimates, cross - sections and artist renderings of the alternatives, and phasing tecommendations of the final project Materials generated from these services will be used in future phases for the generation of the construction plans and specifications that will be used for the construction of [lie project Specific emphasis shall be placed on balancing property ownet rights with soft bank and river stabilization measures, riverbank recreation, historic compatibility and enhancement, sensitive landscaping of riverbank ecosystems, and river habitat Balancing river encroachment on one side of the river with expansion on the opposite bank Designs shall not proclude consideration of future recreational river channel enhancements A specific description of each task follows Pouch e River Enhancement Pi otect — Linden to Loicohi Task 1. Site Inventory. The consultant shall conduct an inventory of existing conditions along the project reach to provide sufficient information for the development of three project design alternatives The site inventory will be limited to the top of bank on the west/south side of the river and 200 ft landward of the top of bank on the northleast side of the river The main objective of this task is to clearly identify the environmental and physical design constraints for the project Meetings with the City River Team may be necessary to gather and verify existing information At a minimum the inventory will include the following tasks Site Survev. The contractor will conduct a survey of the project site to gather information for the project base map At a minimum the survey shall identify (1) location of existing utilities (i a stormwater outfalls), (2) limits of existing bank protection, (3) location of trees greater than 6 inches in diameter, (4) staked wetlands limits, and (5) channel cross section data necessary to supplement the 1999 City mapping data and physical improvements such as trails and signage All survey data will be referenced to the NAD 83 horizontal and NDVD 29 vertical datum's Research and Review — The consultant will gather and review existing plans and studies that are related to the project area and the development of future plans The consultant's biologists will contact City of Fort Collins Natural Areas personnel to gather all species lists (flora and fauna) for the Poudre River Trail, which will be used as a checklist for a baseline inventory The consultant will also gather historical aerial photographs of the corridor, if available, and search Colorado Division of Wildlife (CDOW) NDIS and iJ S Fish and Wildlife Service (USFWS) databases for records of rare, threatened, and endangered species occurrences along the Poudre River in Fort Collins Existing fishery information will be documented to the extent that it currently exists for this area of the river Wetlands Manpine—The consultant will determine the extent of U S Army Corps of Engineers (USACE) jurisdiction for the Linden to Lincoln reach of the Poudre River Based on a preliminary field inspection it appears that USACE jurisdiction will be limited to the width of the river below the Ordinary High Water Mark (OHWM). That is, there are no adjoining wetlands immediately next to the river channel fhe consultant will gather U S Geological Survey (USGS) gauging station data to quantitatively estimate normal high water levels, which will be compared to qualitative field indicators (vegetation, drift and scour lines) and used to field delineate OIIWM OHWM will then be staked and surveyed by the consultant, Terrestrial Ecology Survey— The consultant's biologist's will complete a field inventory of the Linden to Lincoln Poudre River corridor that covers the river channel and associated vegetation, as well as a 200' buffer on either side of the channel A reconnaissance -level survey will also be conducted for river reaches immediately up and downstream of this reach, which wil I enable a general comparative analysis of the disturbed Linden to Lincoln reach to more pristine portions of the river corridor 5 Recreation and Physical features Inventory —Physu al features will be identified and portrayed on the base map Poudre River Enhancement Project —Linden to Lincoln 6 Site Inventory Mao A composite map of the project area will be prepared, summarizing the information collected from the site inventory The map will be formatted for use in project presentations Summary Report A summary report will be prepared that describes and characterizes plant communities present, dominant flora and fauna in the area, the extent of USAGE jurisdiction, and the potential for state and federally listed species occurrence Based on a comparison to other nearby river reaches, the report will also describe what the ecological condition of the Linden to Lincoln reach was prior to industrial disturbance Task 1. OPTION ITEM: Oxbow Area inventory Site Survey The consultant will conduct a survey of the entire oxbow area (Figure 1) to gather additional information for the project basemap At a minimum the survey shall identify (1) location of existing utilities (i a stormwater outfalls), (2) location of trees greater than 6 inches in diameter, and (3) staked wetland limits All survey data will be referenced to the NAD 83 horizontal and NDVD 29 vertical datums Wetlands Ma m —Much of the Kiefer "oxbow" property is currently heavily disturbed by surface grading and placement of various fill materials IIowever, remnant riparian vegetation occurs onsite, and some depressional areas appear to be supporting woody and herbaceous wetland vegetation Given that the oxbow property appears to now be hydrologically disconnected from the river channel, it is unlikely that any of the riparian or wetland vegetation would fall under USACE jurisdiction Nevertheless, a closer field inspection, including some data collection, will be needed to confirm this suspicion The consultant's wetland specialists will complete a field determination of USACGjurisdictnin onsite Any likely jurisdu.tional wetland areas will be staked and then surveyed by the consultant Terrestrial Ecology Survey/Summary — The consultant's biologists will complete a field inventory of the Kiefer "oxbow" property. A summary report will be prepared that describes and characterizes plant communities present, donunant flora and fauna in the area, the extent of USACE jurisdiction onsite, and the potential for state and federally listed species ocwrrence Task 2. Development of Alternatives. Based on the vision in the Downtown River Corridor Implementation Program recently adopted by the City, the Design Team will work with the River Team to further define the specific recreational, ecological enhancement and streambank stability program elements and requirements for this reach of the river, and formulate a plan that addresses to the extent possible the desires of the River Team and the: property owners It is assumed that 3 alternatives will be developed that illustrate various have is of recreational facility development, enhancement options and stabilization concepts These will be illustrated in plan and sketches Key tasks will include Poudre River Enhancement Project — Linden to Lincoln