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HomeMy WebLinkAbout113170 MWH AMERICAS INC - CONTRACT - BID - 7019 ASSET MANAGEMENT PLAN DEVELOPMENT & IMPLEMENTATIONPROFESSIONAL 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 MWH Americas, Inc., a corporation 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 any project Work Orders for Asset Management Plan Development and Implementation issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. 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 1, 2009, and shall continue in full force and effect until June 30, 2010, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley Standard Professional Services Agreement- rev07/08 EXHIBIT B MWH Team Hourly Rate Table for Professional Services Principal Consultant II $290.00 Principal Consultant $275.00 Supervising IT Consultant $240.00 Supervising Asset Management Consultant $210.00 Senior Consultant $175.00 Consultant $145.00 Associate Consultant $125.00 *Principal Technical Manager $195.00 Supervising Engineer $175.00 Senior Engineer $160.00 Staff Engineer $130.00 Project Controller $150.00 Graphics / Document Support $130.00 Project Administrator $125.00 Senior Administrator / Accountant $125.00 Administrative Support $7S.00 *Corolla staff will be billed at this rate. In addition to the hourly rates, associated project costs (covering items such as computer, telecommunications, reproduction, postage) will be charged at an hourly rate of $9.80 per labor hour. Other direct project costs (e.g., travel, lodging, meals) and subconsultant fees will be charged at cost plus 10% to cover corporate general and administrative costs. The above rates are valid through June 14, 2010. EXHIBIT C SPECIAL PROVISIONS WAIVER OF CONSEQUENTIAL DAMAGES Neither the CITY nor PROFESSIONAL shall be responsible for incidental or consequential damages whatsoever (including but not limited to lost profits or interruption of business) arising out of or related to the services provided under this Agreement, even if advised of the possibility of such damages. PROFESSIONAL LIABILITY The parties agree, to the fullest extent permitted by law, to limit the aggregate liability of Professional, its employees, agents, and subcontractors, to the greater of $5,000,000 or the compensation for services, for losses, injury or death, damage or expense, with respect to all claims (third part and claims of CITY) relating to services rendered or obligations imposed pursuant to this Agreement, including all Work Orders. FORCE MAJEURE Neither party shall be responsible for a delay in its performance under this Agreement, other than a delay in payment of fees, if such delay is caused by events beyond such party's reasonable control, including extraordinary weather conditions or other natural catastrophes, war, riots, strikes, lockouts or other industrial disturbances, or other similar events beyond the reasonable control of the claiming party. PAYMENT CITY shall pay PROFESSIONAL all fees in U.S. Dollars within 30 calendar days from receipt of PROFESSIONAL'S invoice unless otherwise stated in the Work Order. EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND MWH Americas, Inc. DATED: 7/6/09 Work Order Number: 7019-01 Purchase Order Number: Project Title: Asset Management Program Work Planning Commencement Date: 6/1/09 Completion Date: 3/1/10 Maximum Fee: (time and reimbursable direct costs):$177,430 Project Description: Phase 1 of asset management planning for the Utilities Scope of Services: See attached exhibit B 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 Exhibit B, consisting of seven (7) pages, are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. cc: Purchasing Profe By: Cl Da 1 City of Fort CWri_ Submitted By er Date: I �] R (� Reviewed by: I - l -0 -I inance & e u Manager Date: Approved by: Utilities Executive Director Date: Approved by: Dir r of Purchasing & Risk Management (if ov $60, Date: Exhibit B City of Fort Collins Utilities Department Asset Management Plan Development and Implementation Scope of Services This scope of services is designed to assist the City of Fort Collins Utilities Department (CITY) with the planning and implementation of enhanced asset management practices across the CITY. Task 1- Project Mobilization and Kick -Off The purpose of this task will be for the CITY and PROFESSIONAL project teams to come to a shared understanding of the project approach, schedule, deliverables, stakeholders, communication protocols, and key success factors for the project. As part of this task, PROFESSIONAL shall prepare drafts of the following project planning materials for review and refinement with CITY staff: • Project Schedule, including key milestones identified • Schedule of project workshops, including expected dates, participants, and purpose of each planned workshop for the project • List of major project deliverables It is anticipated that one pre -kickoff meeting will be held with the CITY project manager to review and refine the project planning materials and, discuss participants in the project kickoff meeting. PROFESSIONAL shall prepare all materials and jointly lead the kickoff meeting with CITY staff in cooperation with the CITY project manager. Following the kickoff meeting, PROFESSIONAL shall prepare meeting minutes and updates of project planning materials, as appropriate. Task 1 Deliverables • Baseline Project Schedule • Schedule of Planned Project Workshops and Participants • Project Team Contact List 2 • List of Deliverables • Kickoff Meeting minutes Task 2 - Strategic Intent Definition and Awareness Raising The purpose of this task will be to develop and document the CITY's vision for successful implementation of an enhanced asset management program, and to raise awareness among key CITY staff members regarding the case for enhanced asset management, the CITY leadership's vision, and the benefits expected to come from enhanced asset management implementation. Task 2.1 - Strategic Intent Development PROFESSIONAL shall facilitate a three-hour Strategic Intent Workshop with the CITY's asset management steering committee and other key senior staff and individuals who will be champions for the asset management program. The purpose of this workshop will be two -fold: 1) to provide project background information and case studies outlining key asset management concepts, and highlighting how other utilities have benefited from a formal asset management program; and 2) to define and document the overall strategic intent and vision for asset management at the CITY. A proven, structured approach will be employed to examine business drivers, facilitate the development of strategic intent statements for asset management at the CITY, and identify potential barriers to change. Notes from this meeting will be captured and compiled in a brief Asset Management Strategic Intent memorandum. Task 2.2 - Awareness Raising Workshop PROFESSIONAL shall facilitate a two-hour Awareness Raising Workshop for a broader section of staff with the purpose of outlining the key concepts and benefits of asset management, recent case studies, and communicate some of the vision and strategic intent statements developed in the Strategic Intent Workshop. Key comments, concerns, and/or ideas provided by CITY staff will be captured in meeting minutes. Task 2 Deliverables • Strategic Intent Workshop • Asset Management Strategic Intent Memorandum 3 • Awareness Raising Workshop and Meeting Minutes Task 3 - Business Practices and Systems Assessment The purpose of this task will be to assess the capabilities of the CITY's core utility management business processes against an industry best practice model. PROFESSIONAL shall utilize its "Quick Start" approach to capture information from staff in a workshop format to understand the CITY's current capabilities in 12 core business processes. This will identify areas of strength as well as key gaps in strategy, people, process, data, tools, and results to effectively support asset management and deliver on existing and potential future customer service level targets. This task also includes an assessment of the CITY's core databases and information systems to determine appropriate improvements required to better support enhanced asset management practices. Task 3.1 - Quick Start Capabilities Assessment Workshops PROFESSIONAL shall facilitate up to 6 capabilities assessment workshops (typically 2 and 1/z hours each)for each of the CITY's three main service lines (up to 18 workshops total): • Potable Water Services • Wastewater / Stormwater Services • Light and Power Services The assessment workshops will occur over a period of 3 to 4 weeks, examining current capabilities in 12 core utility business processes. Attendees at each workshop will generally be those involved in the delivery of the specific selected process within the organization, and could include senior management, engineering, operations and maintenance, budget and finance, IT, and customer relations (with staff only participating in the workshops that pertain to their business area so that it is a valuable use of their time). For each business process, PROFESSIONAL shall examine the degree to which the CITY's strategies, people, processes, data, technology, and results support and enable the achievement of service level targets and/or the CITY's business goals. This assessment will identify business solution opportunities for the CITY and determine where additional resources, tools, or skill sets may be needed. rd Task 3.2 - Database and Information Assessment PROFESSIONAL staff shall spend up to three days on site, approximately four hours per day, holding workshops and interviews with pertinent CITY staff and information system custodians to assess the current core information systems used to manage asset information in the CITY's three main business areas. This high-level assessment will focus on the Geographic Information System (GIS), Computerized Maintenance Management System (CMMS), and financial system (ERP) used in these business areas, and will consider the overall business process functionality, user -friendliness, accessibility, scalability, data accuracy and completeness, and ability of these systems to support the CITY's asset management and/or IT strategies. CITY will provide PROFESSIONAL pertinent documentation (e.g. process maps, IT master plan) on systems in question one week prior to the assessment. PROFESSIONAL shall document the initial findings of Subtasks.3.1 and 3.2 in a Draft Initial Findings Assessment Report. This Draft Report will serve as pre -reading for the Task 4 Implementation Planning efforts. Task 3 Deliverables • Business Capabilities Assessment Workshops • Database and Information Systems Workshops and Interviews • Initial Findings Assessment Report Task 4 - Asset Management Implementation Planning The purpose of this task will be to develop an asset management implementation roadmap for the CITY based on the Task 3 assessment findings and the collaborative planning and prioritization efforts of CITY and PROFESSIONAL staff. Task 4.1 - Preliminary Findings and Solutions Planning Workshops PROFESSIONAL shall facilitate one 3-hour Preliminary Findings and Solutions Prioritization Workshops, where CITY asset management team members will review and analyze initial project findings compiled by PROFESSIONAL and work collaboratively to prioritize potential improvement areas. The workshop will address asset investment planning capabilities and 5 enhancement priorities, as well as organizational and business capabilities and enhancement priorities. The result of this workshop will be a listing of priority enhancement areas to support the CITY's strategic intent and enhance its overall asset management capabilities. PROFESSIONAL shall then facilitate up to three 3-hour Solutions Planning working sessions with the asset management team and/or Steering Committee members to collaboratively develop solution plans for the priority improvement areas identified during the Preliminary Findings and Solutions Prioritization Workshop. Working as a group, PROFESSIONAL and CITY staff will identify short- and long-term plans and tactics for each business area, explore alternative actions and select those that are most practical to achieve within cost and resource constraints. These workshops will also discuss detailed plans and potential schedules for pilot program efforts to demonstrate and prove the concepts of the AMP recommended enhancements. Task 4.2 - Improvement Roadmap Report and Recommendations Workshop PROFESSIONAL shall prepare a draft and final Asset Management Enhancement Roadmap Report and lead a two-hour Recommendations Workshop for AM team members and senior management staff to discuss the recommended near -term and long-term asset management enhancements to be considered by the CITY. This effort will be geared towards obtaining buy - in by senior management for the proposed asset management enhancement program, including potential plans for the pilot program implementation efforts. It is anticipated that this task will identify some "quick win" near term efforts and/or some critical asset management "foundation" efforts that the CITY may wish to embark on immediately in one or more of the business areas. Task 4 Deliverables • Preliminary Findings and Solutions Planning Workshops • Draft and Final Asset Management Enhancement Roadmap Report • Recommendations Workshop n Task 5 - Project Management PROFESSIONAL shall follow industry standard project management practices to promote coordinated, comprehensive, and cost-effective planning, management, and delivery of this asset management effort. Key project management elements to be developed or performed by PROFESSIONAL shall include, but not be limited to: Project execution plan outlining key roles, responsibilities, communication channels, milestones, and deliverables necessary to meet the contract scope, schedule, and budget commitments Project monitoring, cost controls, and coordination to promote high quality deliverables, submitted on schedule, and in accordance with the project budget Project communications and administration including monthly project status updates and weekly coordination calls between CITY and Professional project managers and key staff, as appropriate, for current project activities Quality management including completion of workshop effectiveness feedback and evaluation forms to enable mid -course corrections, and internal review and quality assurance by PROFESSIONAL staff Monthly invoicing in accordance with CITY preferences and contractual commitments File management and record -keeping, and task/project closeout procedures in accordance with standard project management practices. Task 5 Deliverables • Project Execution Plan • Monthly Status Updates and Coordination Meetings • Workshop Meeting Notes and Evaluation Summaries • Monthly Invoices Task 6 - Supplemental Services PROFESSIONAL shall provide supplemental services as required by the CITY based on the outcomes of project assessment and solutions planning efforts (Tasks 2-4). Examples of the types of potential supplemental services that may be associated with the base scope of work include, but are not limited to, to following: 7 • Additional staff outreach or communications work efforts based on findings of the assessment phases of the project • Additional needs to assess database and information systems beyond the core GIS, CMMS, and financial systems • Additional scoping and refinement of potential pilot -scale implementation efforts • Additional project -related coordination, management, or support as directed by the CITY Supplemental Services have been included in the Fee Schedule as a not to exceed allowance amount. The expenditure of the supplemental services allowance will require prior authorization in writing by the CITY. 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: MWH Americas, Inc. 1801 California St. #2900 Denver, CO 80202 City: City of Fort Collins Utilities Dept., Chris Parton P.O. Box 580 Fort Collins, CO 80522 With copy to: City of Fort Collins Purchasing Dept., Opal Dick P.O. 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. 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 attorney's fees arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional Standard Professional Services Agreement- rev07/08 shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $5,000,000. 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 "B", consisting of one (1) page(s), attached hereto and incorporated herein by this reference. The parties acknowledge that the sub -contractors 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 amounts charged by these subcontractors exceed 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. 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. 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 Standard Professional Services Agreement- rev07/08 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 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. Standard Professional Services Agreement- rev07/08 a 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 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., 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 Standard Professional Services Agreement- rev07/08 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, Service Provider 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 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 eemseelti i at�/P 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 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. R . a a Standard Professional Services Agreement-rev07/08 THE CITY OF FORT COLLINS, COLORADO By: P, 0 �- /—JFmes B. O'Neill II, CPPO, FNIGP Dire o of Purchasing & Risk Management Date: 7 / /e1 Date:�� c� ,� (Corporate Seal) )ENT a2", r f�d�x4'sf3�?i�F` Standard Professional Services Agreement-rev07/08 EXHIBIT A 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 _ U pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By: Date: City of Fort Collins By: Project Manager Date: By: Utility Division Manager Date: By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: Standard Professional Services Agreement- rev07/08