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HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - CONTRACT - AGREEMENT MISC - 8852198PROFESSIONAL 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 Interwest Consulting Group, 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 three (3) 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 "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon signing, and shall continue in full force and effect until December 31, 2008 unless sooner terminated as herein provided. 4. 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: Professional: City: With Copy to: Interest Consulting Group City of Fort Collins, Engineering City of Fort Collins Attn: Terry J. Rodrigue Attn: Dean Klingner Attn: Purchasing 1218 W. Ash St. Ste. C 281 N. College Ave. PO Box 580 Windsor, CO 80550 Fort Collins, CO 80524 Fort Collins, CO 80522 Standard Professional Services Agreement- rev08/22/06 1 after the traffic analysis, there will be two options left. A preliminary vertical design will be provided for these two options for the purpose of cost estimating. The purpose of the vertical design will be to identify utility conflicts and drainage patterns and preliminary earthwork calculations will be estimated. With the completion of the "best' two intersection layouts and the cost estimates, the City will be able to choose the preferred layout. We suggest that this layout he presented to the affected property owners at this time. We anticipate 2 meetings with CDOT and 1 public meeting- Individual property owner meetings will be estimated based on the ❑umber of affected properties. After the City has committed to a layout and general design, it will be possible to provide a final scope for the FIR and FOR portions of the project. Since the right of way plans are so integral to starting the FIR process, we do not see the need for any or the conceptual design plans to be prepared in CDOT format. Our final deliverables will include. • A copy of the existing conditions map with platted boundaries. • A traffic memo comparing the various geometries studied. • Prints of the two final alternatives with horizontal geometry. • Prints of the two final alternatives with preliminary grading and drainage patterns shown. • A drainage statement defining the existing and proposed conditions at the intersection. • Conceptual cost estimates of the two final alternatives. Standard Professional Services Agreement- rev08/22/06 10 MUM11 r FOR Plan Preparation 90% Local Plan Preparation Final Local Plan Preparation Bidding and Construction iTopographic Survey Preferred Conceptual Horizontal and Vertical Alternatives (2) Engineer's Cost Estimates Preliminary Design Phase (FIR) Final Design Phase (FORt Standard Professional Services Agreement- rev08/22/06 11 EXHIBIT "C" HOURLY RATE SCHEDULE Hourly Rate Terre Rodrigue, Project Marnager $100.00 Bob Almirall, Project Engineer S90.00 Mike Oberlauder, Project Engineer S90.00 Jon Lofton, et. Al., Designer S75.00 Matt Delich, Transportation Engineer $115.00 Angela Milewski, Landscape Architect $105.00 Jim Hines, Hines Irrigation President $110.00 Ben Burldev, Irrigation Consultant S75.00 Peter Smith, Environmental Scientist 596.00 GE Construction, Utility Locates $250Pothole Beverly Philips, Property Appraiser $150.00 Phil Mazur, Acquisition \4anager S60.00 Eileen Bavens. Construction Manaeenient Manager SS5.00 Quentin Egan, Field h4anager S80.00 The Hourly rates listed above will be valid through the end of Calendar Year 2005- Rates for 2009 and beyond will be adjusted based on the Colorado Constuner Price hndet differential between 2006 and 2009. Standard Professional Services Agreement- rev08/22/06 12 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, Proiect 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 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. 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 scope of services attached hereto as Exhibit "C", consisting of one (1) page, and incorporated herein by this reference; with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Fifty Six Thousand Three Hundred Sixty Dollars ($56,360). The parties acknowledge that the sub -contractors; Matt Delich, King Surveyors, Tetra Tech MFG, Smith Environmental Inc., GE Construction, BHA Design, Hines Irrigation, Value Consultants and Western States 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 Standard Professional Services Agreement- rev08/22/06 2 exceed the rates listed in Exhibit "C" 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. 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. Proiect 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 Standard Professional Services Agreement- rev08/22/06 3 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. TheCity'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, Standard Professional Services Agreement- rev08/22/06 4 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. 16. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work Standard Professional Services Agreement- rev08/22/06 5 under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev08/22/06 THE CITY OF FORT COLLINS, COLORADO By: dto es B. O'Neill II, CPPO, FNIGP Direcurchasing & Risk Management DATE: 4/pJ/©d Interest in Title: ',.7i CORPORA OR VICE PRESIDENT Date:yz/(» UT: _ (Corporate Seal) a e Secretary _ Standard Professional Services Agreement- rev08/22106 EXHIBIT "A" s SCOPL OF WORK The following scope of services has been prepared for the conceptual design of improvements to the College and Harmony Intersection in Fort Collins. At this time, it is not know what extent of reconstructiou will be included in the project; therefore, the conceptual design phase will be used to define the limits. The limits will ultimately be a function of construction budget and of the relative levels of service possible with different intersection designs. This project has funding of approximately $3.8 Million although that amount may be increased if additional reaches of College Avenue are included in the project. This project will require coordination between other Harmony / College intersection studies such as the Bicycle Lane Project and Access Plans for South College Avenue, and with the Environmental Study performed by CDOT. Of particular interest is the upcoming College and Kensington intersection project proposed by CDOT. Public Outreach is anticipated to be limited f'or this project. Individual property owner meetings are needed and possibly one Open House; however, extensive public input is not expected as part of the design process. Of special concern in the section west of the intersection is the lack of bike lanes. With tale completion of improvements from Seneca Street to the Mason Street Corridor Trail, there will be continuous bike lanes on all portions of Harmony Road except for this section between the Mason Street Trail and College Avenue. With the addition of the Mason Street Corridor Trail we anticipate a mixed level of commuter and recreational trail users wanting to then access the businesses near the intersection; therefore, it is important to develop a safe pedestrian and bike system. The scope and fee for the conceptual design is all that is included in this proposal. The preliminary (FIR) and final (FOR) designs are not included at this time as the limits are not truly defined. Both processes are shown in the attached fee estimate spreadsheet to highlight the anticipated tasks. 'file spreadsheet will be the basis for the preliminary and Final scope and fee. For the purposes of this scope the project limits have been defined as follow: • West limit - Mason Street Corridor Trail • South Limit - Palmer Drive • East limit 1,000 east of College • North Limit - Kensington Drive (assumes that this project will tie to the planned CDOT project at Kensington) Scope of Work Page t Standard Professional Services Agreement- rev08/22/06 Conceptual Design Phase Data Collection and Backeround King Surveyors Inc. will prepare a topographic survey of the project limits. Along each roadway, a 250 feet wide swath will be surveyed. The survey will include known utility locations, rims and inverts of sanitary and storm sewer structures, landscaping, Surface features, and 1 foot existing ground contours. King Surveyors will hire a private utility locate company to mark the utilities in the area immediately prior to the survey. For the conceptual design, platted lot lines and easements will be included on the map (we will wait until the project limits are finalized before mapping current title work to avoid spending time with properties that ultimately will not need easement or right of way acquisition). Because of the large traffic volume at this intersection, we feet it is appropriate to forego utility potholes at this stage. When a final layout is chosen, there wilt likely be the need to locate specific utilities. The private horizontal utility locates should serve adequately for this level of design. After the completion of the survey, Interwest Consulting Group will review the map and make contact with each utility provider in the area to determine what critical facilities exist. Additionally, a meeting will be held with the Stcrmwater Department to discuss existing drainage patterns and likely improvements. Existing drainage reports in the project area will be compiled and reviewed. Interwest will rely on the information from the Harmony and Shields Geotechnical Study as well as the City's available information to determine a pavement section for the conceptual design of the intersection. If soil borings are needed in the future, they can be included in the scope. Similarly, at this stage we do not feel that engaging the environmental or acquisitions consultants is necessary. Although environmental services will be required due to the federal funding of the intersection, we anticipate that the scope and number of required clearances will not be determined during the Conceptual Phase. 'Therefore, the scope and fee for environmental clearances will be provided along with the Preliminary and Final phases. Conceptual Intersection Design Interwest will provide up to 5 intersection alternatives with variations to the intersection geometry. The number of through and auxiliary lanes, auxiliary lane storage length, and the widths of lanes will be analyzed. This will be a "plan view" exercise at this level. It is likely that the first layout will be based solely on the master plan requirements with subsequent layouts removing the most obvious problem areas from the project (i.e. avoiding a building). Matt Delich will study the 5 intersection options and their relative levels of service. We expect that this study will remove three of the options from contention (the level of service achieved will not be worth the additional construction). We are assuming that Scope of Work Page 2 Standard Professional Services Agreement- rev08/22/06