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HomeMy WebLinkAbout150670 STANTEC - CONTRACT - CONTRACT - 26716PROFESSIONAL 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 Stantec Consulting Inc. 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: 1. Scooe of Services. The Professional agrees to provide services in accordance with the scope of services; Prospect Road Improvements Construction Administration attached.hereto as Exhibit "A", consisting of four (4) pages and incorporated herein by this reference. 2. Contract Period. The services to be performed pursuant to this Agreement shall be initiated upon execution of this Agreement. Services shall be completed no later than January 31, 2007. 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 underthis Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Stantec Consulting Inc. City of Fort.Collins, Engineering City of Fort Collins, Purchasing Attn: Dale Stein, P.E. Attn: Quentin Eagan PO Box 580 209 S. Meldrum 281 N. College Ave. Fort Collins, CO 80522 Fort Collins, CO 80521 Fort Collins, CO 80524 Standard Professional Services Agreement- January, 2005 EXHIBIT B Summary of Estimated Construction Engineering Fees: Pp*d Samar CorML aam�ef Sraearter ae WITOM TOTAL a�ac e c > es -Haan 9alfe Abbasyrrm mrar t�sra0e° [30.3 m... . - ..............-�-- 16 - - ------------------ - ----- P�rAICAAIrflAne ------ -- ----8-•------=�� ---•- ----•--`------ •----- ,4y.(.7Bl6 --y - ... 33 --- ------ - ------- Reimbursable Expenses Reimbursable expenses are the actual expenses incurred directly in connection with the Project for: reproduction of documents, phone calls, services of suppliers or contractors (such as utility potholing), photographic film and processing, and transportation incidental to the Project. Reimbursable expenses will be invoiced at the incurred cost and will be invoiced with supporting documentation. The Engineedrg Fee Estimated is based on Hourly Rates and expenses, up to a Not to Exceed amount of $124,800, without written authorization from the City of Fort Collins. Further break down of the Engineering Fee Estimate is included with this proposal. Work will be invoiced to the City of Fort Collins in accordance with the current Stantec Consulting Inc. Hourly Billing Rate Schedule for 2006. Standard Professional Services Agreement- January, 2005 10 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE os105/2o0sos/2 PRODUCER Serial # 21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NC. AON REED STENHOUSE I AON RISK SERVICES, INC. OF MINNESOTA 900 -10025 - 102A AVENUE, EDMONTON, AB T5J OY2 TEL: (780) 423-9801 FAX: (780) 423-9876 INSURED STANTEC CONSULTING INC. 209 SOUTH MELDRUM STREET FORT COLLINS, CO 80521-2603 COVERAGES INSURERS AFFORDING COVERAGE INSURER A: ZURICH AMERICAN INSURANCE COMPP INSURERS: HARTFORD CASUALTY INSURANCE COI INSURERC: ZURICH AMERICAN INSURANCE COMPP INSURER0: TWIN CITY FIRE INSURANCE COMPANY INSURER E: LLOYD'S OF LONDON [d7 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. INSR AMLTYPE OF INSURANCE POLICY NUMBER PO Y EFFECTIVE POLICY EXPIRATION LIMA GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any we Am) $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY GLO 3373919-03 05/01/06 05/01/07 CLAIMS MADE FRI OCCUR MED EXP (Any one person) $ 10,000 X CONTRACTUAUCROSSLIABILITY PERSONAL & ADV INJURY $ 1,000,000 X OOWNERS & CONTRACTORS GENERAL AGGREGATE $ 2,000,000 XCU COVER INCLUDED GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,000,000 POLICY X jE O- LOC AUTOMOBILE LIABILITY 41 UEN CLB013 11/01/05 11/01/06 COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO (Es accident) BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ NOT OTHERTHAN EAACC $ APPLICABLE ANY AUTO $ AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE $ 5,000,000 C X OCCUR CLAIMS MADE 8831307 05/01/06 05/01/07 AGGREGATE $ 5,000,000 EXCESS GENERAL, $ DEDUCTIBLE AUTOMOBILE AND EMPLOYER $ X RETENTION $ 10,000 LIABILITY $ WORKERS COMPENSATION AND WBPL7271 11/01/05 11/01/06 OTH X I TORVLIMITS I ER D EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 E DER QK0502009 08/01/05 08/01/06 CLAIM AND AGGREGATE LIMIT $2,000,000 PROFESSIONAL LIABILITY INCLUSIVE OF COSTS INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE CLAIMS MADE BASIS DESCRIPTION OF OPERATIONSI.00ATIONSNEWr-LESIEXCLUSMNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: PROSPECT ROAD IMPROVEMENTS CONSTRUCTION ADMINISTRATION. rPOTIPICATC Unl ncQ I I .nn—. . ...... — rAUr=l 1 ATIAU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT COLLINS DATE THEREOF, THE ISSUING INSURER WILL ENDFAVOR TO MAIL 30 DAYS WRITTEN P.O. BOX 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FORT COLLINS CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY [ONO UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. - A RIZED REPRESENT OF INDEPENDENT INSURANCE AGENCY OF I".,I wAI.VRV %.VRYVRA 1 IVP11 woo STANTEC #2006-05-FORT COLUNS.FP5 rendered prior to the date of termination, subject only to the satisfactory performance of the fremedy for Mtermination. specifications,and drawings and shall, withoutadditional compensation,promptly ca coffect any errors, omissions, or olherdeficlencles. The Professional shag Wernnify, save and hold 1 -'rC a w•• M•S1r:. til IVOI MAT is •G ne Qit ent attorneys fees, arising diraecdy or indirectly out of the Professionsi" ,,perfomance of any of the services furnished under this Agreement. The Professional shall maintain commerdal general lid- • • •- :e+ • A 111 - _ r¢ • •- •- t '• • • 1 AA permissible. The amounts of all such partial payments shall be based upon the Prolessional's following aoceptance of the work by the City. Upon final payment, all designs, plans, reports, stendard Pwfes0w#W semices n ,t- Janowy, 2006 2 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, 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. 8. 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, 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 Standard Professional Services Agreement- January, 2005 3 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 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. 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. Standard Professional Services Agreement- January, 2005 4 THE CITY OF FORT COLLINS, COLORADO Date: �._- 3 t - n ATTEST: (Corporate Seal) Corporate Secretary State of Utah County of Salt Lake On this 3 1 " day of May, in the year 2006, before me Cindie J. Poulson, a notary public, personally appeared Kent J. Stepan, who is personally known to me, whose name is subscribed to this instrument, and acknowledged he executed the same. Witness my hand and official seal. NOTARY PUBLIC CINOIE J. !OI LWN "2 East 2M South SOWOW. Utah "810 My C0ffW*M*" 6 *"STATE OF UTAH • 'c •— Staodwd ProfesSi +at SerAcac A gat- January. 2M5 EXHIBIT A SCOPE Prospect Road Improvements Construction Administration Introduction This scope of services represents the construction administration services associated with the City of Fort Collins' project, "East Prospect Road Improvements" (hereinafter referred to as the Project). General The remainder of this document describes our understanding of the scope of work. As a matter of clarification, several assumptions were made in developing the scope, schedule and work plan: • The construction administration services is understood to include the effort associated with providing the City of Fort Collins assistance with the construction administration of the East Prospect Road project recently awarded to Kehn Construction March of 2006. It is understood that the expected duration of the engineering services provided within this scope of work will occur between March 1, 2006 and January 31, 2007. The bulk of the effort is expected to occur between the Contractor "Substantial Completion" Phase, April 1, 2006 through October 31, 2006. During the substantial completion phase of the project Stantec will furnish labor to assist the City at approximately 20 hours per week. Stantec will continue to assist the City of Fort Collins through the Contractors "Final Completion" Phase, November 1, 2006 through December 31, 2006 and furnish labor at an estimated 12 hours per week. The limits of the project will generally be from the Poudre River Bridge to Summit View Drive along the Prospect Road corridor. It is expected that the construction oversight will include items such as roadway reconstruction, earthwork, utility relocations, and a new bridge at the Poudre River L-path, pavement, sidewalks, wetland mitigation, landscaping, and irrigation sleeving. The Stantec team (also referred to as the "project team" in this scope of services) for this project will include only sub -consultant BHA Design to assist with the Open House and clarifications to the project landscaping. All project deliverables will be made available to the City in electronic as well as hard copy format. Electronic files will be prepared and formatted in current industry standard software including AutoCAD and Microsoft Office or mutually acceptable alternatives. Standard Professional Services Agreement- January, 2005 Basic Scope of Services 1. Project Management, Meetings and Design Coordination This effort will generally include attending and preparing meeting notes for construction meetings associated with the project. It is also anticipated that a team progress meeting will be held weekly usually requiring the attendance of the project team members. 2. Initial Open House / Web Site This is the final open house and will present the final project and construction scheduling to the general public. The open house will be advertised in the following ways: • A project World Wide Web site will be established within the City's web site as part of overall advertisement for the open house and updates on the project. The consultant team will create the web site materials and provide updates to the website on a bi- weekly basis. • The City will prepare a project / flyer / mailer. City staff will generate the mailing list. The flyer will be produced, folded, addressed and mailed by the City. • City Staff will complete any press release information. • The open house exhibit materials will be created by the consultant team and will be in an easily understood graphical form. The open house materials, prepared by the consultant, will generally include a 1"=50' scale drawing showing the proposed project improvements in plan view. Stantec will generate construction schedule with input from the Contractor. 3. Pre -construction activities: a) Attend a pre -construction partnering meeting expected to be held over two consecutive days. b) Preparation of a file system and other administrative. work required to prepare the field office, c) Coordinate with all utility companies to facilitate the relocation of their facilities. d) Prepare revisions to plan set based on comments received since final completion of design Spring 2005. e) Assist the City with the preparation of the bid package for advertisement. f) With the departure of the City of Fort Collins Project Manager Marc Anderson, Stantec will attend meetings and prepare exhibits to assist the new City Project Management Team with becoming familiar with the project. g) Assist the City with the preparation of a submittal package to the Art -In -Public - Places artist to design of the AIPP feature. Standard Professional Services Agreement- January, 2005 4. Provide public relations activities prior to, and throughout, construction: a) Stantec will assist the City with the development of a project website, and assist with updating the website information on a bi-weekly basis. It is estimated this website will require 20 hours to develop and approximately 4 hours a month to maintain. b) Stantec will create and update monthly a 1- 2-page project newsletter to be distributed internally at the City, and to residents and businesses in the area. The newsletter will contain items such as general project background information, specific project work completed, upcoming milestones, traffic control information and project photos. The newsletter will be delivered by the City of Fort Collins. c) The Contractor will development and maintain a phone number that will allow the public the ability to stay abreast of the project through a pre-recorded message that will get updated on a weekly basis. d) Maintenance of an e-mail address that will be developed to allow direct correspondence with the public. This address will have a directly linked from the website. S. Construction Engineering Services a) Meetings: ❑ Weekly progress meetings will be held on site. Stantec will assist the City PM with facilitating and prepare minutes for these meetings. ❑ Participate in "mini" pre -construction conferences for the salient features on the project. b) Construction Administration (as directed by the City within hourly limits): ❑ Furnish one part-time (10 HR/WK) construction technician who is charged with construction observation and documentation as directed by the City. This person will be Ed Warr who is highly competent and experienced in roadway construction inspection. ❑ Furnish one part-time (10 HR/WK) Professional Engineer who will assist the City Project Manager as directed by the City with administration of the project. This person will be Dale Stein who is qualified and experienced in construction administration. ❑ Maintain written pay -item documentation to support all contractor payments o Maintain written daily diaries of work performed by Stantec. ❑ Monitor force account work that may be required as directed by the City ❑ Monitor the construction schedule. ❑ Coordinate with utility companies as needed. ❑ Monitor the Contractor's submittals and shop drawings ❑ Review Contractor's shop drawings ❑ Maintain a weekly and milestone project photo log c) Materials and Materials Testing (Not Included) d) Federal Labor Compliance (Not Included) e) Monitor and reply to Requests -For -Information (RFI's) from the Contractor. Standard Professional Services Agreement- January, 2005 8 f) Assist the City in the preparation of Contract Change Orders. g) Assist in resolving contractor disputes, if any. 6. Project Close Out a) Assist with the preparation of final punch list of tasks to be completed by the Contractor. b) Prepare final Drawing of Record and revisions to Drawings for submittal to the City. These drawings will document "as -constructed" conditions. 7. Design Assistance through Construction Assist the City of Fort Collins with the design of revisions to the project as directed by the City of Fort Collins through the duration of the construction. Stantec will prepare design revisions to the extent allowed by the available budget. Design services, as directed by the City, may include: a) Revisions to plan drawings and specifications b) Addition of new plan drawings or specification c) Calculation of estimated quantities related to the revision d) QC/QA of the plan revision e) Reproduction and distribution of the revised plan. f) Meetings with third parties such as land owners, City departments or utility companies. Standard Professional Services Agreement- January, 2005