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HomeMy WebLinkAbout105719 LONCO INC - CONTRACT - RFP - P967 BRIDGE INSPECTION MAINTENANCE REPAIR PROGRAMPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 Lonco, 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 any project Work Orders for Bridge Inspection, Maintenance & Repair Program, issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence February 1, 2005, and shall continue in full force and effect until January 31, 2006, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. WOPSA January, 2005 ACS?RD. CERTIFICATE OF LIABILITY INSURANCE 0DATE (MMID 4108/04DNY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Denver, CO 0203 3303 837-8500 j� j j INSURERS AFFORDING COVERAGE INSURED Lonco, inc. URER A: Hartford Insurance Group - APR 1 2 2004 URER B: Hartford Insurance (Service Center) 1700 Broadway, *800 URER c. XL Specialty Insurance Company Denver, CO 80290 IN URER D: IN URER E: THE POLICIES OF INSURANCE LISTED BELOW- HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMNVDWYY POLICY EXPIRATION DATE MMIDWYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERALLIABILITY CLAIMS MADE a OCCUR 34SBAEK7231 04/01/04 04/01/05 EACH OCCURRENCE $2 00O 000 FIRE DAMAGE (Any one tire) $300 000 MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $2 000 000 GENERALAGGREGATE $4 DOO 000 GEN'L AGGREGATE LIM IT APPLIES PER: POLICY F1 PE07 LOC PRODUCTS-COMP(OP AGG s41000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 34UECEX5813 04/01/04 04/01105 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X1 OCCUR D CLAIMS MADE DEDUCTIBLE X RETENTION $10000 34SBAEK7231 04/01/04 04/01/05 EACH OCCURRENCE $2 000 000 AGGREGATE $2 000,000 $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 34WEGKC1058 04/01/04 04101/05 WC STATU• OTH- T I ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 C OTHER Architects/ noineers rofessional Liab DPR9401342 04/01/04 04/01/05 $1,000,000 Per Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder its officers and employees are additional insureds with respect to General Liability as pertains to the City of Fort Collins' Bridge inspecting, maintenance and repair program. City Of Fort Collins Purchasing Division Opal Dick, CPPO, Senior Buyer P. O. Box 580 Fort Collins, CO SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30—DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMEDTOTHE LEFT, BUTFAILURE TO DOSOSHALL IM POSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVE .--.. __ - ,.._./ 1 us r MVIo wJ LLn .. ....�.... ..... .. �...�...... ....... 5. Early Termination by City/Notice. 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 address: Professional: City: Lonco, Inc. City of Fort Collins, Purchasing 1700 Broadway, Suite 800 P.O. Box 580 Denver, CO 80290 Ft. Collins, CO 80522 Attn: John Stephen 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. 6. Design, Project Insurance 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 attorney's 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 DD dOd 7. Compensation. In consideration of services to be performed pursuant to this WOPSA January, 2005 Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. 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 to the Work Order and upon approval of the Professional's direct 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. B. 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. 9. 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, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, 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. WOPSA January, 2005 11. 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. 12. 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. 13. 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. 14. 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 . 15. 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 because of the default. WOPSA January, 2005 16. 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. 17. 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. 18. Scope of Services. Scope of Services or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. WOPSA January, 2005 SEAL City Clerk APPR FORM: AssistW City Attorney W OPSA January, 2005 THE CITY OF FORT COLLINS, COLORADO By: (!--) (D e-�� jarnAs B. O'Neill II, CPPO, FNIGP i ctor of Purchasing & Risk Management Date: 3 J Lon By: Title: Vr Ct — Yes/Dc ---� CORPORATE PRESIDENT OR VICE PRESIDENT Date: ! : / � N (Corporate Seal) EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs Project Description: Scope of Services: Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. Professional By: Date: WOPSA 05/01 User The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $30,000.00) Date: EXHIBIT B ia Fees City of Fort Collins Bridge Inspection, Maintenance and Repair Program Proposal P-967 LONCO's proposed fees for this Bridge Inspection, Maintenance and Repair Program Project are per the following rate schedule. BILLING RATE SCHEDULE (Effective November 1, 2004) Description Billing Rate Principal $140.00- Division Manager $130.00 Department Head $125.00 Engineering Manager $115.00 Engineer IX $150.00 Engineer VHI $135.00 Engineer VII $125.00 Engineer VI $115.00 Engineer V $105.00 Engineer IV $95.00. Engineer III $87.W Engineer 11 $77.00 Engineer 1 $65.00 Senior Designer $65.00 Designer II $60.00 Designer I $55.00 CAD Operator IV $74.00 CAD Operator 111 $70.00 CAD Operator H $60.00 CAD Operator I $50.00 Resident Construction Engineer $92.00 Construction Observation $70.00 Administrative Director $85.00 Administrative Assistant 11 $60.00 Secretary II/Clerical II $50.00 Secretary I/Clerical I $42.00 Computer/CAD Station $20.00/hr Mileage .48/mi Photo Copies .20/ea Large Size Printing 1.25/sf Vellum Copies 1.75/sf Mylar Copies 3.50/sf LONG, INC. EXHIBIT C Scope of Service • Update the existing inventory of Minor Structures o Evaluate newly constructed or annexed bridges o Assist City personnel with creating a formal bridge presentation aimed at securing funding • Re -inspect and evaluate select structures currently in the inventory o Update maintenance costs for each structure inspected o Make recommendations for an annual maintenance plan and associated costs We are anticipating the inspection (re -inspection) of approximately 30 structures per year • Prepare engineered (stamped) drawings and specifications for the repair or design of structures • Review shop drawings • Review plans submitted by other designers • Site visits when requested • Phone consultation when requested • Convert existing bridge inventory information to a GIS database compatible with the existing City GIS database • Assist City personnel with miscellaneous structural needs.