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HomeMy WebLinkAbout214608 PBS&J - CONTRACT - CONTRACT - 6603160PROFESSIONAL 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 Post, Buckley, Schuh & Jernigan, Inc., dba PBS&J, 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: Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 3. 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 October 6, 2006. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time witho.ut 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: Professional Services Agreement —January, 2005 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) PDF created with pdfFactory Pro trial version www.Ddffactory.com Professional: City: With Copy to: PBS&J City of Fort Collins, City of Fort Collins, Purchasing Attn: Dan Liddle Engineering PO Box 580 Attn: Dean Klinger Fort Collins, CO 80522 215 N. College Ave. ee4q4- 4601 DTc Wev*,J Fort Collins, CO 80524 Denve , j co 8o237 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. 5. 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 N/A. 6. 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: Reimbursable direct costs: Project Manager $147.00 Project Engineer $ 81.00 Administration $ 55.00 as billed with maximum compensation (for both Professional's time and reimbursable direct costs) not to Professional Services Agreement —January, 2005 2 exceed Fifty Four Thousand Eight Hundred Eighty One Dollars and Fifty Cents ($54,881.50). The parties acknowledge that the sub -contractors; TST, and Ripley are not parties to this agreement. However, the rates listed for services 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 exceeds 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 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. 7. 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. 8. 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. 9. 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, Professional Services Agreement —January, 2005 3 at the option of the City, suspend the processing of any partial payment request. 10. 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. 11. 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. 12. 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. 13. 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. 14. Remedies. In the event a party has been declared in default, such 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. Professional Services Agreement —January, 2005 4 15. 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/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: oA JL -u k— J mes B. O'Neill II, CPPO, FNIGP Directbf of Purchasing & Risk Management DATE: S�/ t ?/ 4) Post, Buckley, Schuh & Jernigan, Inc., dba PBS&J By: Title: C-Xvu-of ijcx��fei• 1 CORPORATE PRESIDENT OR VICE PRESIDENT Date: /�1 2000 ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement —January, 2005 5 EXHIBIT "A" SCOPE OF WORK FOR THE SOUTH TAFT HILL ROAD IMPROVEMENTS HORSETOOTH ROAD TO CR-38E (HARMONY ROAD) CONSTRUCTION ADMINISTRATION, MANAGEMENT AND INSPECTION SERVICES I. GENERAL Description of the project The scope of services is to provide follow-on services during construction and will include the items necessary to assist the City during the construction of the project. The City will provide daily inspection services and PBS&J will provide as -needed services to support the construction phase of the project. Assignments of responsibilities of the parties involved City of Fort Collins Project Manager: Dean Klingner City of Fort Collins Engineering 215 N. College Avenue Fort Collins, CO 80522 (970) 224-6108 phone DKling neraa.fcgov.com Names of Key Personnel Responsible for Work: PBS&J Project Manager Dan Liddle 5500 Greenwood Plaza Boulevard Greenwood Village, CO 80111 (303) 221-7275 phone (303) 221-7276 fax dliddle .absi.com R.A. Plummer, P.E., AICP, Principal -in -charge Nate Allen, P.E., Sr. Designer I, Project Engineer Jon Gellner, Sr. Designer I, Plans TST Don Taranto, P.E., Quality Control and Peer Review Steve Humann, P.E., Utilities and Storm Drainage Ripley Cathy Mathis, Landscape Architect Personnel responsible for the performance of the work are available and shall remain intact throughout the duration of the contract. Any changes required will be submitted to the City of Fort Collins for review and approval. Scope of Services — Construction Administration South Taft Hill Road Improvements, Horsetooth Road to CR-38E (Harmony Road) April 2006 SCOPE OF SERVICES Attachment A Primary. The following duties will make up the bulk of the work performed by PBS&J: • Document Weekly project meetings. This will include attending the meetings, preparing meeting minutes, tracking of Action Items, and tracking of Submittals. • Interpret project plans and specifications. This will include responding to Requests for Information (RFls) from the contractor and revising and reissuing drawings and specifications when necessary either because of errors or omissions in the plans or because of an addition or change authorized by the City. • Track construction changes and prepare As -Constructed plans after completion of the project. Secondary. These duties may be required on an as -needed basis, but we do not anticipate that these tasks will be a majority of the work: • Act as a liaison between the City and the Contractor. • Maintain communication to the City Project Manager regarding project progress, problems, and any possible modifications to the project plans. • Assist in calculating project quantities and contractors monthly progress payments. • Review and/or prepare construction Change Orders. • Review and monitor Contractor's schedules. • Review Traffic Control Plans and Method of Handling Traffic. • Conduct periodic inspections of the Contractor's work. • Assist the City in determining the appropriate course of action regarding nonconformance items. • Attend miscellaneous design related meetings as necessary. III. DELIVERABLES The following is an estimate of the deliverables required for this project. Project Administration: Monthly progress reports with monthly invoices Meeting and telephone conversation documentation Quality Control review of all project deliverables prior to their submittal Construction Administration Services: - As -Built Plans (1 full-size mylar/5 half-size copies) - Weekly Construction Reports (documenting work completed and as -built plan information) - Meeting Minutes (weekly) with action items - Submittal tracking log - Revised plans and specifications (as -needed) IV. DELIVERABLE SCHEDULES The Scope of work described herein shall be completed in accordance with the contractors proposed schedule. It is anticipated that the construction duration will be for 155 calendar days (5 months or 22 weeks). The construction as-builts will be completed and submitted to the City within four weeks of the completion. 7of7 EXHIBIT C South Taft Hill Road Improvements (CR-38E (Harmony Road) to Horsetooth Road) Construction Support Services City of Fort Collins LABOR ESTIMATE - PBS&J CITY OF FORT COLLINS Project Project Administration Labor Total TST VFRipley Hines Total SOUTH TAFT HILL ROAD IMPROVEMENTS —Manager Engineer Total Cost Cost Cost D. Liddle N. Allen H. Me er CONSTRUCTION MANAGEMENT $147.00 $81.00 $55.00 cost cost A. Project Management (22 weeks) j 54 6. Construction Field Support (22 weeksXl6hrs per week) 352 54 $7,9 88.00 C. Final Landscape/ Irrigation Inspection 32 384 $30,272.00 $4,800.00 $1,200 $1,000 $4,800.00 $2,200.00 D. As -Built Plans _ 48 8 56 $4,328.00 $3,200.00 $3,200.00 SUBTOTAL CONSTRUCTION MANAGEMEN 54 400 40 494 $42,538.00 $8,000.00 1,200 1,000 $10,200.00 DIRECT EXPENSES Quantitv Unit Cost Mile.e: (22 trips x 150 miles 81/2x111000 3300 $0.445 $0.10 _ $1,468.50 Reproduction: 500 $0.15 $t00.00 M -, M I (rolls) _ 1 $500.00 $75.00 $500.00 SUBTOTAL $2,143.50 TOTAL FEE 54,881.50 Page 1 of 1 ACORA CERTIFICATE OF LIABILITY INSURANCE 05 izoo ' PRODUCER (305)822-7800 FAX (305)827-0585 Collinsworth, Alter, Fowler, Dowling & French Group Inc.HOLDER. P P. 0. Box 9315 Miami Lakes, FL 33014-9315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Post, Buckley, Schuh, & Jernigan, Inc. d/b/a PBS&J 2001 NW 107 Avenue Miami, FL 33172-2507 INSURERA: Sentry Insurance a Mutual Compa y A+ XV INSURERS: Steadfast Insurance Company A X INSURERC: Lloyds of London A XV INSURER D: INSURER E: r_cc 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. IN R D' TYPE INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONINCON LIMITS A GENERAL LIABILITY - X COMMERCIAL GENERAL LIABILITY CLAIMS MADE fX OCCUR X Contractual Liab 90-15807-03 09/30/2005 09/30/2006 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PRFMIqF $ 11000,000 MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 , Q00 , 000 GENL AGGREGATE LIMIT APPLIES PER: POLICY X JECT X LOC PRODUCTS-COMP/OP AGO $ 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON,0WNEDAUTOS Contractual Liab 90-15807-04 90-15807-05 09/30/2005 09/30/2006 COMBINED SINGLE LIMIT (Ea=ident) $ 1 000,000 X X BODILY INJURY (Per person) $ X BODILY INJURY (Per woldent) $ X X PROPERTY DAMAGE (Pw=Ident) $ ri GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTOONLY: AGO $ $ B EXCESSIUMBRELIA LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $ C AUC508762101 09/30/2005 09/30/2006 EACH OCCURRENCE S 25,000,000 AGGREGATE $ 25,000,000 $ S $ A WORKERS COMPENSATION AND EMPLOYERS'IJABILITY ANY PRORIETORPARTNER XECLRNE OFFICER/MEMBER EXCLUDED? FECIAL ROVISXONS below 90-15807-01 90-15807-02 NO 09/30/2005 09/30/2006 X I wCSTATU- I JOTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 C LOTH ro!ressional/ ollution Liability LDUSA0500811 CLAIMS -MADE FORM 09/30/2005 09/30/2006 $1,000,000 Limits Ea Claim and Annual Aggregate 11/11/1961 Retrodate ggCC OO�� p4QCA J EFIRTOUth�aTt Sj RONStlVImpLEOVemenSIONSADDEDBYENDORSEMENTISPECIALPROVISIONS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,T HE ISSUING INSURER WILL ENDEAVOR TO MAIL Fort Collins, City Of 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn:James B.O'Naill II, CPPO,FNIG 215 N. Mason Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2 n d Floor OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE J Fort Collins, CO 80522-0580 Meade Collinsworth EEC ACORD 25 (200110B) ©ACORD CORPORATION 1938 PDF created with pdfFactory Pro trial version www.Ddffactory.com