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HomeMy WebLinkAbout111694 TST INC CONSULTING ENGINEERING - CONTRACT - CONTRACT - 2200853 TST ENGINEERSPROFESSIONAL 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, a corporation, hereinafter referred to as 'Professional'. W ITNESSETH: 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 one (1) page 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 immediately following execution of this Agreement. Services shall be completed no later than January 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 Professional: City: With Copy to: TST, Inc Eileen Bayens,Project Engineer John Stephen, CPPB Consulting Engineers City of Fort Collins Senior Buyer 748 Whalers Way Bldg D Engineering Dept. City of Fort Collins Fort Collins CO 80525 4872 P. O. Box 580 Purchasing Division Fort Collins, CO 80521 P. O. Box 580 Fort Collins, CO 80521 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 Project 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 Citys 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 $500,000. PSA 05/01 2 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 following schedule: Hourly billing rates: See Exhibit B, consisting of one (1) page and incorporated herein by this reference. Reimbursable direct costs: See Exhibit B with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Nine Thousand Dollars ($9,000.00) 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 -verified 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. 6. 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. 7. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. 6. 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 PSA 05/01 3 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 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 PSA 05/01 4 non -defaulting party for the non -defaulting parry'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. 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. THE CITY OF FORT COLLINS, COLORADO By: V a es B. 'Neill II, CPPO, FNIGP r Direct of urchasinjjg & Risk Management DATE: Z I l TST, 0 Title: Date: tr A, 2 AT EST: (Corporate Seal) or orate Secreta PSA 05/01 5 VICE PRESIDENT EXHIBIT "A" SCOPE: The scope of this project is to design the Ultimate Improvements for Kechter Road along the Willow Brook Subdivision frontage. TST Engineering is the obvious choice to work on the Ultimate Design plans since they did the design for the Interim Improvements. TST has been asked to handle these plans as revisions to the first approved set. Therefore, the work that they are required to perform includes: • Revised Grading Plan • Revised Street Plan and Profiles • Revised Cross Sections • Revised Road design from east Willow Brook Property to Strauss Cabin Road • Revised Signing and Striping Plan • Revised Details, as required • Evaluations of the storm drainage based on proposed vs. existing conditions • Process revisions through City of Fort Collins process for approval • Required to attend any meetings per the City of Fort Collins requests during the bidding and construction process • Prepare Legal Descriptions and Exhibits for properties south of Kechter Road, including City of Fort Collins to Strauss Cabin Road. ENGINEER: City of Fort Collins Engineering Department Eileen Bayens, Project Engineer Matt Baker, Project Manager IMPORTANT DATES: START DATE: January 7, 2002 COMPLETION DATE: January 31, 2002 SPECIAL PROVISIONS: • Services Resulting from significant changes in the project including, but not limited to, changes in size, complexity, alignment, OWNER's schedule, number of lots and/or lot layout iterations, significant changes required by others, and revision of previously accepted reports or design documents when such revisions are due to causes beyond the ENGINEER's control. • Any additional offsite design that may become necessary and is not included in Section 1 shall be considered additional services and is not included in AGREEMENT. PSA 05/01 Exhibit "B" SCHEDULE OF FEES 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 55 - 75 Project Engineer 70 - 85 Senior Engineer 80 - 100 Project Manager 80 - 100 Senior Project Manager 90 - 110 Principal Engineer 100 - 150 DESIGNERS CAD Technician 40 - 60 Designer 55 - 65 Senior Designer 65 - 80 LAND SURVEYORS Field Surveyor 45 - 65 Licensed Surveyor 60 - 90 Survey Crews 95 - 145 CONSTRUCTION MANAGEMENT Construction Manager 55 - 75 Senior Construction Manager 70 - 80 ADMINISTRATION Administrative 35 - 50 REIMBURSABLE EXPENSES Outside consultants and expenses will be charged at cost plus 10 percent (10%). Automobiles will be charged at $0.40 per mile. Prints are $0.20 per square foot, mylars are $1.25 per square foot, and color plots are $4.00 per square foot. Effective 3/01 Mr. James B. O'Neill Director of Purchasing & Risk Management City of Fort Collins PO Box 580 Fort Collins, CO 80522-0580 Re: Kechter Road Improvements Project No.: 0041-110 Dear Jim: January 28, 2002 JAN 3 12002 Per your request, enclosed please find three (3) copies of the contract documents for the Kechter Road Improvements design, which I have signed. Hopefully this will complete this matter; however, if you should have any questions, please do not hesitate to contact me. Very Truly Yours, TST, INC. CONSULTING ENGINEERS 7 �- Donald N. Taranto, PE DNT/cros Enclosures TST, INC. Consulting Engineers 748 Whalers Way - Building D Fort Collins, CO 80525 (970) 226-0557 Metro (303) 595-9103 Fax (970) 226.0204 Email info@tstinc.com www.tstinc.com il Administrative Services Purchasing Division City of Fort Collins January 9, 2001 TST, Inc. Consulting Engineers 748 Whalers Way Bldg D Fort Collins, CO 80525-4872 Re: Kechter Road Improvements To Whom It May Concern: I have enclosed three (3) sets of contract documents regarding the above captioned matter. Please sign the three copies and return all copies to me. After the signatures have been obtained, a copy of the agreement will be sent to you. Sincerely, goJBONeillO, FNIGP f Purchasing and Risk Management enc imv 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707