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HomeMy WebLinkAbout100022 AECOM TECHNICAL SERVICES INC - CONTRACT - RFP - P1144 MASON CORRIDOR PROJECT MANAGEMENT SERVICESPROFESSIONAL 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 AECOM USA, Inc. f/k/a DMJM+HARRIS, Inc., hereinafter referred to as 'Professional'. WTNESSETH: 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 five (5) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence November 17, 2008 and shall continue in full force and effect until April 30, 2010 for Phase I, 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 three (3) 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 Professional and mailed no later than ninety (90) days prior to contract end. 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 under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Standard Professional Services Agreement- rev07/08 1 Management Plan, Real Estate Acquisition Management Plan (RAMP), and Financial Management Plan. Deliverables Annual updates of the PNIP, Fleet Minigement Plan, Quality Management Plan and Risk Management Plan (Assume 2 updates of each during Phase '1) C. Utility Coordination The Consultant will be responsible forthe oversight of utility coordination activities. The consultant will meet with each of line estimated 13 utility owners and 4 ditch companies including the City of Fort Collins Utilities Division to identify utility adjustments and relocations necessary to accommodate the project. Accommodation of future utilities including utility services required to support the Project will also be identified. Requirements for utility relocation agreements, conunn-on use agreements, license agreements and utility easements will be identified. A matrix will be developed to maintain contacts and the necessary requirements for each utility_ The design of utility relocations and the preparation and negotiation of final utility agreements will be completed during final design and will be the responsibility of the DCCT. Meetings Utility Coordination Meetings (34 meetings) Deliverables Utility contacts and tracking matrix D. General Project Reporting The consultant will prepare monthly reports and updates to the City, FTA and other agencies as required. The monthly project reporting will include progress report, project schedule, cost reporting ((.'A(E) and other documentation in FTA fomnat. The progress report will summarize project milestones, meetings and updates on real estate acquisition, utilities, pennitting, agreements, etc. Monthly reports and Invoices will also be submitted for the Consultant contract. Deliverables Monthly Project Reports ('18) 11. Project Controls This scope of services includes the development and maintenance of project controls including project schedule, cast control, quality management, and document control. Existing project control systems that have already been developed Will be used as appropriate. Monthly updates will be provided for each of the project control areas. A. Project Scheduling The consultant will develop a detailed project schedule consistent with FTA requirements using Primavera. The consultant Will use the existing project milestone schedule that has been developed in Microsoft Project and convert it to a Primavera baseline schedule with a level 4 Worlk Breakdown Structure Glace the baseline schedule is established, project progress will be tracked on a monthly basis in reference to the project schedule. The consultant will also Work with the City staff to define project scheduling requirements for each of the project teams and/or consultants —i.e. land acquisition, railroad, utilities. The scheduling requirements will become part of the deliverables for each team Working on the project. As part of the scheduling requirements, each learn will be required to submd a detailed schedule once their work begins that will serve as their baseline schedule- Each team will submit, on a monthly basis, a task by task summary of the work elements completed in that month explaining any deviations from the baseline schedule 1117/2008 Standard Professional Services Agreement- rev07/08 that was developed. On a monthly basis, a summarized project schedule update identifying project task progress and any potential schedule issues or concerns. The Consultant will provide the schedule to the City in a pelf format for review on a monlhiv basis, Deliverables Baseline Project Schedule (Primavera format) Monthly Project Schedule updates (18) B. Cost Control The consultant will use the current Baseline Cost Estimate (BCE) and Current VVoiking Estimate (CVVE) developed by the City during the project development phase and based upon the (-)pinion of Probable Costs (QPC) from the preliminary design plans. The consultant will review the OPC and the ME to confirm that the estimate is reasonable based upon past experience with BRT projects of similar scope and magnitude and will make recommendations for adjustments if necessary. The consultant will monitor the CVVE and will update as changes In project scope are identified. The CVVE will be maintained in accordance with FTA requirements using FTA cost templates_ Deliverables CWE updates (6) G. Budget/Financial Management Consulting The consultant has an in-house expertise In the fields of financial management and contracting of FTA projects. The consultant financial manager. Bob Peskin will be available to meet with the City staff to advise them on budget and financial issues on an as -needed basis. This scope of services assumes 24 hours of budget /financial management consultation. D. Document Control The consultant will use the document control procedures from the AECOM Quality Ranagement System (QMS) to develop a project specific document control program. These procedures will be incorporated into the overall Quality Management Plan for the project described below- These procedures identify the process for tracking and filing project documentation. DOCirnients are filed using a MS Access database which accommodates sorting and retrieval of documents as needed. Hard copy project files will be maintained In the City offices- The consultant scope of services does not include administrative support staff to log, file and distribute the documents. Deliverables Document control procedure and filing Index E. Quality Management Plan The consultant will develop a project specific Quality Management Plan (QMP) that will adhere to the FTA guidelines. The QMP procedures will cover the 15 quality elements identified in FTA's guidelines. Note that only the pre -design and pre -construction procedures will be required during this initial phase of the Project. The quality procedures for the design and construction will be amended and the QMP will be updated as the project moves into design -build phase. This effort will be part of the scope of services for a future phase. The Quality Manager will assist the Quality Manager will assist the project team with the implementation of the quality procedures. Defiverabies Quality Management Plan I If7J2005 Standard Professional Services Agreement- rev07/08 III. Value Engineering This scope of services includes the staffing and facilitation of two value engineering studies. The first VE Study will focus on the overall BRT corridor including the fixed guideway. Mason/Howes two-way conversion, stations, park n` ride lots, ITS and the BRT fleet and is anticipated to last 3 days. This first VE study will be conducted in accordance with FTA requirements and will be based on the current preliminary engineering plans. A second VE study will be implemented on the South Transit Center and the maintenance facility expansion. This supplemental VE study wit be an informal process to be completed in a one day workshop format. The consultant will prepare a final report for submittal to FTA for review and concurrence. The VE Team will be staffed by a combination of Cry, Consultant and outside agency staff. For budgeting purposes, the scope of Services Includes a total of six (C) staff members (either Consultant or outside agency staff not including the VE facilitator) for each of the two VE studies. It Is assumed that City staff serving on the VE Team will be provided by tree City and is not included In the scope of services. h4eetin s Value Engineering Workshops (Initial 3 day study, second 'I day workshop) Deliverables Final Value Engineeting reports IV. Engineering Design Oversight Not included in the Phase t Scope of Services Construction PrOCurenlent/Adnlinlstration The Consultant will assist the City with the preparation of the design -build procurement documents including technical specifications and performance criteria. Preparation of general conditions and other'boiler-plate' RFP documents will be. prepared by the City Purchasing Department. A'I-day workshop will be conducted to discuss potential benefits and challenges of different project delivery alternatives_ Up to 5 experts from AECOM Will be Induced in the workshop including the consultant project manager, consultant principal, and three others- A project deliverywhite paper will be prepared for City staff to review and select a project delivery approach. Meetlnq Project Delivery Workshop (f day) Deliverables Project Delivery White Paper VI, Project Close-out, Start-up and Operation Activities Not included in the Phase 'I Scope of Services Exclusions The following activities are not included in this initial scope of services: • Design services including preparation of plans and specifications and preparation of reports. • Construction rnanagement services including construction oversight, observation, construction quality assurance/quality control, materials testing or other construction related activities • land acquisition services including preparation of acquisition documents, RCM plans and legal descriptions; appraisals, value findings, offers and negotiations, agreements, transactlons and legal recordings will be provided by the City's land acquisitionlrailroacl consultant and?or Real Estate Division Standard Professional Services Agreement- rev07/08 • Preparation of final railroad agreements • Public relations activities • Environmental studies, documentation and clearances • Parking agreements that will be negotiated by the land acquls€tion/radioad consultant • Administrative aup3>oli including filing, copying: distribution • Preparatlon of final utility and ditch agreements • Fare collection feasibility study • Traffic Inodeling and forecasting 1 ll70008 Standard Professional Services Agreement- rev07/08 EXHIBIT B FEE SCHEDULE — PHASE 1 Mason Street 13R-f Project Management- Phase I -Services Cost Estimate November 7. 2008 W-9 — — 1-1 1 1 1 I S—1 I T.I. Dn Jan R1, I Ma. A. I Ala, J, Jar 1.1- , a J, . , 111 1 F b i 11, J111 Jal -klq I A, I 0q t No, I P&C 3,ltk I Fts 1 Arai Ar 1 Ala, Jun I h AVZ I AM HO'- C... I Na, Al—1— al—'. ts.— Ja 16a 4 .69 1160 1 176 :7C t 1 W I A 4 4 q" 4 165 w m :zz 1 4 t76 1 ig17' i 13s ;7, vs 1 3G l. 'ts lee :6- Io 16s 1,6 :6i 1 lSq 1 Vul A-- �4 12� 11Z 1 :3- 1 Vla 11 sl'-si �,A B, Fl A a—'—: St, A 10 10 10 10 !Q 10 i. lo 1 -0 toi C.3tl C-'�!.a I A I Aa "I l—.Wh -A7- : 14s 2 :.s '..' "I l I,- — - - .moo I.. � — I,— 1 .11 1 ". 1 11 .,.a._ I I I I I I I . I , . I I I I I'll- 5 67L414 iS.'s- 711W Ors.- D,111 C,,"' I i sl Standard Professional Services Agreement- rev07/08 EXHIBIT C INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Standard Professional Services Agreement- rev07/08 Professional: City: With Copy to: AECOM USA, Inc. City of Fort Collins, City of Fort Collins, Purchasing Attn: R. A. Plummer Transportation PO Box 580 717 Seventeenth Street, Suite 500 Attn: Mark Jackson Fort Collins, CO 80522 Denver, CO 80202 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 Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. 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 $1,000,000. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Seven Hundred Eight Thousand Four Hundred Ninety Four Dollars ($708,494) plus reimbursable direct costs services in accordance with the scope of services attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. All such fees and costs shall not exceed Seven Hundred Eight Thousand Four Hundred Ninety Four Dollars ($708,494). The Professional shall have no Standard Professional Services Agreement- rev07/08 2 obligation to provide services beyond the not to exceed amount. 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 hereto and upon the City's approval of the Professional's actual reimbursable expenses. The City shall make payment to the Professional for undisputed amounts within thirty (30) days of the date of the invoice. If payment is not received within such period, then Professional shall have the option to suspend services. The parties acknowledge that the sub- contractors, Intermountain Corporate Affairs and Survcon 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. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "B" 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. 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. 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. 8. 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- rev07/08 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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- rev07/08 4 agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14, 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. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional 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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Standard Professional Services Agreement- rev07/08 5 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 Professional 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. e. Professional 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 Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev07/08 THE CITY OF FORT COLLINS, COLORADO By:L iU 'a es B. O'Neill II, CPPO, FNIGP Directo of urchasing & Risk Management DATE: /I / 8 U AECOM USA,_Inc. J/ 4a DMJM+HARRIS, Inc. By: C (I V,-� Title: IJ f ce CORPORATE PRESIDENT OR VICE PRESIDENT Date: III ! 1 q 106 ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev07/08 AECOM Rnclonnl Manager. U.S. Southwest er.0 ��Aountain AFCONt "M Cast Cerndback Ro&d, SUitn 115, Phoerdx, AZ 05016 002.337.2/7/ r 602.337.2620 Dired CO2 33Z2r 15 ,velw.ae:com.com November 13, 2008 To Whom It May Concern: RA Plummer is a Vice President in AECOM and has full authority to execute contracts on behalf of AECOM. If you have any further questions please do not hesitate to call me at 602-337-2615. Sincerely, AECOM h. s Stephen M. O'Brien, PE Vice President Regional Manager, US Southwest and Mountain AECOM Transportation ---c- ��� Notary Public Com nission Expires C/ 7 State AEI Cohn County 10 —DIFlNE K�VFRANTI'°'LL NOTARYPUBLIC-A ZONA MAB!COPA COUN7V My Gammisslon [:rplrss APr1110, 2012 A(:_COM "I'ransportr�lion EXHIBIT A SCOPE OF SERVICE — PHASE 1 MAX Corridor Project Management Services Scope of Services —November 7, 2008 Introduction The following Scope of Services is for Project Management Services for the Mason Corridor MAX Bus Rapid Transit (BRT). The project involves a new: 5 mile, primarily fixed guideway, BRT con idor with 7 park n' ride lots, 8 BRT stations, 8 curb -side stops, a new transit center at the southern terminus and expansion to all eXisting bus maintenance facility. This scope of services is based upon the most current version of the Mlason Coindor MAX Bus Raped Transit Prcyect Aanagement Plan (PMP) crated October 10, 2008 and negotiations with the City staff. The services generally consist of over project management including project coordination, project controls, value engineering, engineering design oversight and construction procurement and administration. The scope of services includes all routine project management, meetings and coordination activities necessary to support the project. The specific number of meetings and other project management activities icientifiecl herein are for estimating purposes and may vat), depending upon the needs of the project. The overall scope listed above is for the entire prograrn. This initial scope of services includes project management activities up construction procurement, but not including final design and construction. This scope of services assumes an 18 month duration from November, 2008 to April, 20 10 and staffing levels are estimated accordingly. A secondary scope of services can be developed per the City's direction to cover design and construction services following this initial phase. Scope of Services— Phase 7 I. Project Coordination The consultant and City Program Manager wall be responsible for the overall management of the Mason Corridor project and will work together to coordinate the work activities of city and Consultant staff. Project coordination activities include overall project management activities, Federal Transit Administration (FTA) document updates, utility coordination, and general project reporting. A. Project Management Activities The consultant will attend meetings and provide day to clay coordination with the various internal sub -teams including public relations. operations; planning, design and construction. ROW/acquisition/railroad, financial management and the Executive Management Team. The Scope or Services also includes meetings and coordination with outside agencies and project stakeholders including FTA, CDOT, CSU, PUC, Downtown Development Authority as appropriate- It is assured that the consultant project manager will be the only attendee from the consultant team and .will disseminate information to the consultant team as necessary. A monthly management team meeting will also be held with the consultant project manager, City Program Manager, consultant project principal, and the City Transportation Director. f. eet Ids Internal Sub -Teams (39 meetings) Agency Coordination (24 meetings) Monthly Management Team (18 meetings) B. FTA Document Updates The consultant will provide annual updates to the following FTA documents - the Project Management Plan (PAIP), Fleet Management Plan, Risk Management Plan, Quality 1117i2003 Standard Professional Services Agreement- rev07108