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HomeMy WebLinkAboutTHE RMH GROUP INC - CONTRACT - CONTRACT - 20918PROFESSIONAL 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 RMH Group, Inc., 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 three (3) 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 two (2) days following execution of this Agreement. Services shall be completed no later than thirty (30) days after receipt of Purchase Order. 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 Professional: City: With Copy to: The RMH Group Inc. City of Fort Collins, Purchasing City of Fort Collins, Facilities 12600 W. Colfax Ave. P.O. Box 580 P.O. Box 580 Suite A-400 Ft. Collins, CO 80522 Ft. Collins, CO 80522 Lakewood, CO 80215-3783 Attn: John Stephen Attn: Ron Kechter 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 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 per claim and aggregate. 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: Project Principal/Senior Proj. Manager/Senior Engr. Specialist $134.00 Project Manager III/Engineer Specialit $123.00 Project Manager II/Project Engineerlll/Leader III $115.00 PSA 05/01 2 Project Manager I/Project Engineer II/Leader II $107.00 Project Engineer I/Leader I/Designer V $ 97.00 Engineering III/Designer IV $ 90.00 Engineering II/Designer III/CAD Operator IV $ 82.00 Engineering I/Designer II/CAD Operator III $ 71.00 Jr. Engineer/Designer I/CAD Operator II $ 65.00 Drafter II/CAD Operator 1 $ 58.00 Drafter 1 $ 54.00 Technical Writer/Graphics Specialist $ 82.00 Project Administrator/Engineering Aide $ 55.00 Word Processor/Administrative Assistant $ 52.00 CAD Workstation $ 8.00 with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Eight Thousand Dollars ($8,000.00). 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. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this PSA 05/01 3 Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be 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 parry 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 PSA 05/01 4 himself of any other remedy at law or equity. If the non -defaulting parry 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. 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. PSA 05/01 5 THE CIT F F RT COLLINS, COLORADO By: Ja es B. O'Neill II, CPPO, FNIGP Dir ctor of Purchasing & Risk Management DATE: 10 -18 -0 q Date: ATTEST: ,t4 $J W� Corporate Secretary Y PSA 05/01 U P. oRArE �' Q •. r�rrrggC QWO���� IT Re: Control System Recommendations Fort Collins De -Icing Facility RMH Proposal No. 86317(2) (Revision No. 1) Scope of Services Engineer will provide recommendations for a control system for Client's de-icing facility including local operator interface (LOI) hardware and software. The control system will be based on the control sequence described in the Operator Interfaces And Operator Control Sequences, Specification Section 13800, produced by Engineer in 2001 under contract with Vaught*Frye and anticipated to be updated in the near future under contract with Vaught*Frye. In addition, the control system is to include access control to the dry material handling system provided by Dome Corporation. Engineer's research will focus on identifying a control system and LOI that will take a cost- effective approach to meeting Client's needs. Engineer understands that a computer -based control system is acceptable to Client. Appropriate adjustments to the control sequence described in the Operator Interfaces And Operator Control Sequences, with an emphasis on cost-effectiveness, will be made. Client will approve adjustments to the control sequence deemed necessary by Engineer prior to final recommendation. Client will provide any possible interfacing with the control software and Client's database software to provide material tracking and invoicing reporting outside of the capabilities of the controls system software. Engineer will attempt to identify a control system that will accept the front-end loader wireless communication. If the interface is not feasible, Engineer understands that Client will separately communicate with the front-end loader scale and Client's data collection computer, and the associated LOI station, described below, will be deleted from the basic sequence of operation. Basic Control Svstem Functions The control system is envisioned to provide secure access and operator control of a specific -area process for material handling of liquids, sand, and salt into and out of the de-icing facility. The stations are to have the ability to log pertinent information to Client's data collection computer for material tracking and access by Client's database software. The LOI stations are to require the operator to enter operator identification and truck identification before any process equipment can be operated. The LOI stations are to have the ability to be programmed for additional user input at the points defined by the control sequence. The LOI stations are to be comprised of a user interface display using discrete pushbuttons/keypad. 1. Dry Materials Handling Load -In Operation ■ One LOI login station is to be located along the sand and salt conveying line, near the supply truck unload. ■ The LOI station is to require the operator to confirm identification before any equipment can be operated. After confirmation of operator identification, the local conveyor controls and M-2000 spray bar system provided by Dome Corporation is to be enabled for operator control. Load -Out Operation ■ A front-end loader scale with wireless capabilities, provided and installed by Client, is to be used to track material removed from the dome building. ■ One LOI station is to require the truck operator to confirm identification before the front- end loader can communicate with the data collection system. The data collection system is to associate the identification with the weight of the material for logging. Liquid Materials Handling ■ A total of nine LOI stations is to control liquid materials handling and identification. ■ Storage tank loading operation is to require the operator to confirm identification before any storage tank loading operations can occur. The operator is to then choose the material type to be loaded into the storage tank(s) and begin the loading process. The amount of material loaded into storage is to be logged. ■ Street truck dispense operation is to require the operator and truck identification confirmation to enable the equipment. The four arm -dispense stations are to require the operator to verify the material to be dispensed and the desired amount. The two hand - dispense stations are to require the operator to verify the material to be dispensed but are not to require input for the desired amount. The actual amount dispensed is to be logged. ■ Street truck unload operation is to be similar to the storage tank loading operation. ■ Storage tank levels and containment level are not to be fed into the control system. The storage tank and containment low levels are to be monitored by visual inspection. The storage tank and containment high levels are to sound local alarms and be provided by Client's contractor. Services Not Included Recommendation of the control system and LOI does not address interface requirements to Client's database software. System design, programming, and provision of hardware and software are not part of Engineer's scope of services. Engineer's Fee The work described in the Scope of Services above will be provided on an hourly basis during 2004 in accordance with the attached Schedule of Hourly Rates #04RP, not exceeding $8,000, including reimbursable expenses. Project Schedule The work described in the Scope of Services above is anticipated to be complete within one month of receipt of signed contract and written notice to proceed. Upon receipt of notice to proceed, Engineer will begin design services on the date specified by Client. Should the project schedule exceed the duration specified above by more than three months through no negligence of Engineer, Engineer may renegotiate the contract fee. Additional Services Engineering services requested by Client that are not in the Scope of Services will be negotiated on a lump sum basis at the time of request. Reimbursable Expenses Reimbursable expenses include, but are not necessarily limited to, meals, lodging, car rental, parking, airfare, local mileage at the currently allowable IRS rate ($.375 per mile in 2004), long- distance telephone calls, shipping and delivery charges, printing of drawings and specifications other than those used for coordination purposes, and special computer services as requested by Client. These expenses will be billed at cost plus ten percent. E