HomeMy WebLinkAbout330179 INTERWEST CONSULTING GROUP - CONTRACT - RFP - P1124 CIVIL ENGINEERING ANNUALPROFESSIONAL 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, 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. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and
incorporated herein by this reference.
2. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within five (5) days following execution
of this Agreement. Services shall be completed no later than August 30, 2010. 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 under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
Professional:
City:
With Copy to:
Interwest Consulting Group, Inc.
City of Fort Collins, Purchasing
City of Fort Collins
Attn: Bob Almirall, PE
PO Box 580
Attn: Dean Klinger
1218 W. Ash Ste C
Fort Collins, CO 80522
281 N. College Ave.
Windsor, CO 80550 _
Fort Collins, CO 80524
EXHIBIT°B"
FEE SCHEDULE
Ili)iliti.Y RATE SCHEDULE
floury Rate
Terry Rodrigue. Pro ect hlanader $1 10.00
Bob Almirall, Pi ccl Engineer $99.00
'like Oberlander, Roadway Engineer $9i.50
Jon Lofton, Dcsioner $(�? 50
Angie Milewski, Principal. BHA Sl 15.50
Jeff Kroeger. Landscape Architect . BHA $99.00
Michelle Peterson, Irritation Consultant, Hines �i52.50
Eileen Bayens, Construction Vlanarement Mzurwcr `n9 3.50
Quentin Egan, Field Nlanaycr $58.00
The hourly rates listed ahovC- will he valid (trough the end of C Aendar Your 2009. The above
I'MCs arc based upon the original contract hum IV rates will) a IW4 adjtr,unenl ill accordance "ilh
the Colorado Consumer Price Index.
Hourly Rate Schedule
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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.
2. 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.
2. 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.
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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 Thirty
Thousand Dollars ($30,000.00) plus reimbursable direct costs of $2,500.00 in accordance with
the hourly rate schedule attached hereto as Exhibit "B", consisting of one (1) page and
incorporated herein by this reference. All such fees and costs shall not exceed Thirty Two
Thousand Five Hundred Dollars ($32,500.00). The parties acknowledge that Subcontractors,
Wilkinson, LLC, BHA Design, Inc., Hines Irrigation Consultants, Vizion, CTL Thompson, King
Surveyors, and Colorado Utility Finders are not parties to this agreement. However, the rates
listed for services to be provided by these subcontractors shall be the rates 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
RA
Exhibit "B" including subcontractor rates. 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. 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. 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 quality, prepared on
stable Mylar base material using a non -fading process to prove for long storage and high quality
reproduction.
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
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. Bindinq 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
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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. 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
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
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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.
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ATTEST:
1/\\Jl 1,A
Corp'o'raiie 8�ecretary'
THE CITY OF FORT COLLINS, COLORADO
�Jame, B. O'Neill 11, CIPPO, FNIGP
Director, qWurchasing & Risk Management
-,
DATE: z,
Interwest
M
Title
COF
Date: c,) 9
(Corporate Seal)
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EXHIBIT `°A"
SCOPE OF SERVICES
Scope for Construction Administration services requested for the West Harmony 12oad
Improvement Project which includes the Ilannony/Shields Intersection and W. I Iarmony
Corridor Projects.
Construction Administration Services: Interwest will assist the City with the following items
during the construction of the proposed improvements as needed. For the following construction
items we have estimated the proposed improvements will take approximately 7 months to
complete and that meetings will be combined for both projects.
a. Pre -Construction Meetings: Interwest personnel shall attend any pre -construction
meetings required by the contractor, City of Port Collins, Fort Collins -Loveland
Water District, and CDOT. We have estimated that there will be one pre -
construction meeting for the water improvements, one meeting for any
improvements in Shields Street with CDOT, and one meeting for the storm sewer
and remaining improvements with the City of Fort Collins.
Estimated hours = 10
b. Shop Drawing Review: Interwest personnel will review applicable shop drawings
or material submittals from the contractor for compliance with contract
documents. Interwest will also review and respond to requests for information
(RFI's) through the City Project Manager.
Estimated hours = 24
C. Progress Meetings: Interwest will attend weekly construction progress meetings
as needed to discuss construction schedule, activities, and any questions or
complications.
Estimated hours = 100
d. Construction Observation: Interwest personnel shall visit the jobsite at
appropriate intervals during construction to become generally familiar with the
progress of the contractor's work and to determine if the work is proceeding in
general accordance with the construction documents. Interwest will also
coordinate with the contractor, the City of Fort Collins, CDOT, and FCLWD for
necessary field modifications due to unexpected field conditions including
existing utilities. Construction Observation directly related to work on the
waterline will be invoiced directly to FCLWD.
Estimated hours = 100
Scope of Work
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C. Change Order Request Review: Interwest will review and advise the City on all
change order requests submitted by the contractor.
Estimated hours = 16
f. Final Punch List: Interwest will perform a final walkover of the project with the
City, the contractor, and the governing agency to prepare a final punch list of
deficiencies and to receive final acceptance of the project. This includes a second
walkover of the project to confirm all deficiencies were corrected.
Estimated hours = 12
g. Record Drawings — Interwest will prepare one set of record drawings at the
completion of the project on reproducible Mylar for the site improvements
utilizing the Interwest drawings and Contractor provided field notes and
information. Surveying services to record as -built data will be provided by the
City.
Estimated hours = 40
The total estimated fee for the above items will be $30,000 plus direct reimbursable items such
as mileage and printing costs. Individual hourly rates will be based upon the rate sheet that
follows. Services under this contract will be billed on a time and material basis based on the
total fee noted above. The estimates above are based on an assistance period between February
and August.
It is understood that Interwest will not charge the City for correcting errors that are found to be
associated with the Construction Documents. However, it is not the intent of this contract to
correct all deficiencies that might be found; only those that require re -design for City or
contractor clarification will be formally updated on the plan documents.
All services not listed above are considered Additional Services. The compensation for these
services, if necessary, will be according to the attached hourly rate schedule or as an addendum
to this contract.
Provided below are examples of "Additional Services":
• E',ngineering services incident to project scope changes beyond Interwest control.
• Work due to change in regulatory requirements instituted after the date of'plan approval.
• Preparing documents for alternate bids, additional scope, or out -of -sequence services.
• Making revisions to drawings, specifications, or other documents when such revisions are
inconsistent with prior approvals or instructions.
• Providing consultation and professional services in connection with evaluation or
replacement of any work damaged during construction.
• Services made necessary by contractor's default or by defects in the work of the contractor.
• Furnishing of opinions as an expert or serving as an expert witness.
• Services modifying work performed by Interwest to bring the construction cost within any
limitation imposed by client.
Scope of Work
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