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HomeMy WebLinkAboutRFP - P1117 CONSULTING ENGINEERING SERVICES FUTURE WATER WW SW FACILITIES CAPITAL IMPROVEMENTS (2)Utility PSA WO rev06/07 PROFESSIONAL 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 Brown and Caldwell, 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. Scope of Services. The Professional agrees to provide services for project Work Orders for P1117 Consulting Engineering Services For Future Water, Wastewater and Stormwater Facilities Capital Improvements Work Order Contract, issued by the City, and in accordance with the scope of services attached hereto as Exhibit “A”, consisting of three (3) pages and incorporated herein by this reference. The services to be performed pursuant to the Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. A blank sample of a work order is attached hereto as Exhibit "B", consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed $75,000.00. 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 July 15, 2008, and shall continue in full force and effect until July 15, 2009, unless sooner terminated as herein provided. The Utility PSA WO rev06/07 parties acknowledge that the sub-contractors CTL Thompson and Merrick and Associates, 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 exceed the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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. 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: Brown and Caldwell Attn: Pat Roman, P.E. 1697 Cole Boulevard, Suite 200 Golden, CO 8040 City: City of Fort Collins Attn: Sue Paquette 700 Wood Street Fort Collins, CO 80524 With copy to: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 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 Utility PSA WO rev06/07 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 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 1,000,000.00. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "C", consisting of nine (9) pages, 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. The parties acknowledge that the sub-contractors: Merrick & Company and CTL/Thompson 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 exceed the rates listed in Exhibit "C" the excess amount shall not be paid or Utility PSA WO rev06/07 owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 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. 8. 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. 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 Utility PSA WO rev06/07 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 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. 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 Utility PSA WO rev06/07 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider shall not terminate the contract with the subcontractor if during such three days Utility PSA WO rev06/07 the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. Utility PSA WO rev06/07 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Darin Atteberry City Manager By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Brown and Caldwell By: _________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary EXHIBIT A SCOPE OF SERVICES General Description The intent of the City of Fort Collins Utilities is to award a contract to a qualified consultant for engineering consultation services during the design and construction phases of water, wastewater, and stormwater infrastructure improvement and rehabilitation projects. The selected consultant may be retained by the City of Fort Collins Utilities annually for up to five years to provide studies, system modeling, engineering design, bidding services, surveying and construction management services for projects as they are required. Projects may be related to water pipelines, stormwater and sanitary sewer pipelines, drainage channels, detention ponds, improvements at the City’s Water Treatment Facility and Water Reclamation Facilities, and development and modification of water distribution and wastewater collection systems models. The City of Fort Collins Utilities envisions an increasing need for innovative engineering solutions for the rehabilitation of ageing underground water, wastewater, and stormwater systems. Project designs will seek to minimize the impacts to neighborhoods and the environment by fully utilizing trenchless technologies and sustainability strategies. Projects will be managed using the Alternative Product Delivery System (APDS). The selected consultant will be part of a project team consisting of City of Fort Collins Utility staff, project construction company staff, and the engineering consultant staff. All team members will participate in the project from project conception, through the design phase, and during construction. Participation by all team members throughout the project is expected to encourage innovation and enhance project quality and value. Work will be on an as needed basis with the scope of work to be defined and a work order negotiated prior to the time the work on each project is commenced. Since January 1, 2007, the utility has expended approximately $400,000 under the prior work order contract. This amount is provided as an indicator of work, but should not be interrupted as a guarantee of future work. Interested firms are encouraged to visit with the above named project manager(s) to better understand the RFP and associated future work. Project Requirements 1. A description of water, wastewater, and storm water projects your firm and design team has worked on in the past 5 years that utilized innovative design concepts and trenchless technology, i.e, boring tools which include pipe pulling, pipe ramming, pipe bursting, sliplining and directional boring equipment; tunneling; liners; etc. 2. The City of Fort Collins Utilities has undertaken and completed an infiltration study of the ageing NW Sanitary Sewer Trunk Line. The study indicated that the portion of the trunk line between Shields Street and the town of Laporte, Colorado, which is served by the trunk line, is experiencing significant infiltration. This infiltration results in undesirable treatment cost increases at the sewage treatment facility. Describe how your firm would proceed to establish the source and causes of the infiltration in the North West Trunk Line. Provide details as to potential innovative and cost effective solutions your firm may recommend to address the problem. Include a description of any types of trenchless technology that your firm has experience with that may offer innovative and desireable results, and enhance project quality and value. General Information For Future Work  Consultant should have experience with H2OMap Sewer and Water, model produced by MWHSoft. The SELECTED CONSULTANT will be expected to purchase (or already have) the specified modeling software for their own use. Thus, hydraulic modeling for sanitary and water projects will be prepared using H2OMap Sewer and/or Water, produced by MWHSoft, Inc. Documentation in both hard copy and disk format will be required at the working and complete model levels.  Hydraulic modeling for stormwater projects will be prepared using HEC-RAS. Frequencies analyzed shall be the same as provided for in the Master Plan. Documentation will be provided in both hard copy and disk format will be required at the Preliminary design level. Residual flood plains will be documented on “as- constructed” drawings.  Drawings will be AutoCAD (Version 2008) generated, ink on mylar. "As- Constructed drawings" will be provided to the City on CD’s or DVD’s at the completion of each project. Provide "As-Constructed" stamped, original mylars at the completion of the project to become the property of the City of Fort Collins Utility.  Prepare construction contract documents and specifications using CSI format and City of Fort Collins modified EJCDC General Conditions, standard front end and Utility Technical Specifications with modifications.  Identify all easements or properties required for project construction and prepare all legal descriptions and exhibits needed by City staff in acquiring these easements and/or properties.  All known existing utilities and structures will be identified, located and shown horizontally and vertically, if possible, in relationship to proposed improvements.  All applications for permits will be prepared by the consultant.  Provide construction administration, submittal review and continuous full time field inspection of the project. Resident Project Representative duties must be performed with experienced and qualified personnel approved by the Utility.  Provide all surveying required for the design of the project and baseline control for contractor use during construction.  Provide all geotechnical services required for the design process and for testing during construction projects.  Provide detailed written monthly progress reports throughout the duration of the design and construction of all work. The progress reports will be part of the billing submitted monthly.  Provide detailed estimate of construction cost at the 50% and 90% levels of design. EXHIBIT "B” 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: ____________________________________________________________________________________ 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. The attached forms consisting of Exhibits _, _, _, consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. cc: Purchasing Professional: By: ___________________________________ Date: __________________________________ City of Fort Collins Submitted By: ___________________________ Project Manager Date: ___________________________ Reviewed by: ___________________________ Senior Utility Engineer Date: ___________________________ Approved by: ___________________________ Utilities General Manager Date: ___________________________ Approved by: ___________________________ Director of Purchasing & Risk Management (if over $30,000.) Date: __________________________________ EXHIBIT C FEE SCHEDULE