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HomeMy WebLinkAbout130088 ICON ENGINEERING INC - CONTRACT - RFP - 7300 CONSULTING ENGINEERING SERVICES FOR CLEARVIEWPROFESSIONAL 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 Icon Engineering 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: Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for 7300 Consulting Engineering Services for Clearview Channel Improvements and Future Minor Capital Improvements, 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, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed One Hundred Thousand Dollars ($100,000). The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. 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 Professional Services Agreement - Work Order Type Page 1 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements EXHIBIT "B" COMPENSATION CA Project Fees - Following is a summary of our current Hourly Rate Schedule. Following the rate schedule is a spreadsheet presenting our fee estimate for the design of the Clearview Channel Improvements. Additionally, we have included on the spreadsheet a summary of the expected tasks presented in the scope of work. Please note that to show our commitment to the City, we are proposing to maintain identical hourly rates to those used under past open ended service contracts with the City which have remained constant since 2008. Subconsultant Rate Schedules are provided in the Appendix. ICON Engineering, Inc. - Hourly Rate Schedule (2012) Staff Principal Engineer Professional Engineer III Professional Engineer II Professional Engineer I Engineer IV Engineer III Engineer It Engineer Field Representative Designer GIS Specialist CADTechnician II Rate/hr Staff $145.00 CADTechnician 1 $135.00 Survey Department Manager $125.00 Survey Project Manager $115.00 Project Surveyor $108.00 Survey Crew $100.00 Administrative $88.00 GPS Unit (1/2 Day Minimum.) $78.00 Mileage (car) $88.00 Mileage (4-wheel drive trucks) $85.00 Cellular Phone $80.00 Miscellaneous Direct Expenses $80.00 Rate/hr $70.00 $110.00 $90.00 $70.00 $140.00 $55.00 $40.00 $ 0.55/mile $ 0.70/mile Actual Costs Actual Costs Professional Services Agreement — Work Order Type Page 10 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements ICON ENGINEENNG, INC. PROJECT ESTIMATING SHEET LI M' 4Yrw� oweia..,e, YpnwwM CIlM: f!n'LL�IW/COtUM ..Y,L Rwq�.IZ. Sint MOm —1 UIeO M: pM Mw LVe-11Hr nmLvrie� LNeMri RP^w n .1". eTn r SrneY er' raire 1,1111 li,! fill r.... a:,% w... pl tI. se q1 ep, 'IV ew,Q t. PHASE 1 - Surveying. Mapping, Data Cole"I n, antl Alterndive9 Arvtysls I Meetings (Kickoff Meeting and 1 Protect Meetmg) 4 t fB0 $1, 8:',U 2 Most,, Ran Reel.. A . Review 7001 Canal Importa6pn Masfer Pan (Stonnwater and Hiatus-) a $770 b Review Staraac 200SMW FIoodplain Reportfor Prospact Ponds ? j5nn c. Collect and Assemble Bast Models 6 Mapping Mo 3 Surveying 6 Mapping a. Establish Horizontal 6 Yii Control Sion $940 b. Topographic Survey 7 f inn f2 S70 c. Develop Proiepl Toppgreyhic Map _ - S50 $640 4 Utdity Investigation a. Locate Field Utii Ries(Provide, by BT-Trenchless) - $230 6 Alternatives, Analysis a. Gm.1 Habitat Aasesament and Recommendations (Provided by ERO Resources) J 4 5660 b. Concept Alte-rative Pan, IS Alttmai Plena) 12 24 11, f6.U95 c Prepare Alternative Cost Estimates 4 8 $1.988 d Evaluate Ftoodplan Impacts for Alternatives(corrected Wadi ve and proposed) 4 11 l0 $3.680 e Public Coordination and Hom.owner. Meetings (Assistance from DNA for Exhibits) 6 S45 5855 I. Altarrailves Analysis Summary Memorandum 7. $27 $1477 SUBCONSULTART SERVICES a BT-Trenchiess- Field Willy Locates $350 $350 b. ERO Resources - Habitat Assessment and Recommendations $1.000 $1,0n0 c DHA1Dasign- Alternative Exnabs for HomeewnerMntings, f5n0 SSri TOTAL PHASE 1 8 46 66 25 24 2 8 18 $2.262 $24,610 S I A60 $6.210 1 S7 690 32.288 1 920 110 60 2 620 262 24 010 PHASC 2 - Final D"n Drawings wed Design Report 1 Meetings(1 III me,bng) d $40 V56U 2 F I nal Design of Proposed Improvements a. Cover Sheet I 2 _ $10 $005 b. General m ormaticn Sheet with Survey Control 2 2 ., $10 Sam c. Detailed Plan 3" Profile Sheaf (I Assumed) 7 6 12 $10 $3,130 d. Channel Croaaaeclions(Asaume at 26-Intervals) 1 2 R $10 $7305 t. Dotal Shell for StaMhastion structures 1 2 6 $1U $2,145 f. Detail Sheet far Bank Treatment and MaceOantws Data.], 1 4 6 ., $10 $2.255 g Seeding and Planting Plan Including Weiland Detail Assistance from ERO) 2 e !i $10 $760 in Stonnvi Management Plan 2 4 10 f25 $1.855 I. Puma Assistance (40A, FIoodplain Deveiapment State GW PIhn,h) 2 6 j?n S1,140 j. Final Owntities and Cost Tabulation 2 4 1730 k. Technical Specifications 0 12 fl0 $2.400 3 Protect Design 6 FIoodplain Modeling Report a. Updah Hydraulic Modeling for Final Dii 2 0 i51 510 b. Report Text Figures and Table. - 4 IB $1UU $3914 A Easemems e Prepare Easemem Exhibit, and Descrptions (1 Assumed) 1 _ $21 S43t. SUOCONSULTAMT SERVICES •. ERD Reaeursss-T6E/Wetland Evaluatlon. 404 Permit. Wetland Planting. Radi^9 $39W 139UV TOTAL PHASE 9 42 1 90 1 18 50 12 4 0 i j4.166 528ST5 51,305 $5,670 310360 41,504 1 f4.540 1 $600 1 $200 1 $0 $4,100 1 928,675 TOTAL PHASES t 62 R Be 156 44 82 14 12 18 $6436 $53,285 $2486 51 I,B80 $179401 $3.872 1 $8660 1 5710 I #UO 1$2,620 $8438 &63286 Professional Services Agreement — Work Order Type Page 11 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements Subconsultant Rate Schedules— Key Personnel LONCO, Inc. BILLING RATE SCHEDULE 2011 Description Billing Rate ($/Iw) Principal $166 Division Manager $155 Department Head $148 Engineering Manager $136 Engineer V S125 Engineer IV $114 Engineer II S89 Engineer I $74 Senior Designer/Technician S104 DesignerlTechnician I S59 Senior CAD Technician S92 CAD Operator 1 $55 Administrative Assistant II $66 Secretary IT/Clerical II $59 TER.RACON GEOTECHNICAL BILLING RATE SCHEDULE 2011 Description Billing Rate ($/h ) Principal $115-$140 Sr. ProjectFangjneer/Manager $90-$120 Project Engineer $75-$90 Staff/Field Engineer $55-$75 Staff/Field Technician $42452 Cad/Draftsman $55-$65 Clerical $35-$45 Expert Teshnnony $150-$225 DHM Design BILLING RATE SCHEDULE 2011 Description Billing Rate ($/[) Principal I $140-$160 Principal11 $105-$150 Associate Principal S1054130 Senior Associate S954130 Associate Principal S84-$110 Senior DesigrnedPlanner S69-$105 Designer $58-S74 Cad Technician S68-$84 Graphic Designer $53-$74 Technical Assistant $53-$74 Clerical/Word Processing S42458 ERO RESOURCES BILUNG RATE SCHEDULE 2011 Description Billing Rate (S/hr) Scientist/Economist $165.00 Senior Ecologist $155.00 Sr. Nat. Resource Specialist $140.00 Environmental Scientist $115.00 Ecologist S92.00 Nat. Resource Specialist S82.00 GiS Specialist S82.00 Archeologist $75.00 Clerical lI $55.00 Professional Services Agreement — Work Order Type Page 12 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements EXHIBIT "C" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement - Work Order Type Page 13 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements 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 February 1, 2012, and shall continue in full force and effect until January 31, 2013, 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 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. 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: City: With Copy to: ICON Engineering, Inc. City of Fort Collins City of Fort Collins Attn: Douglas Williams Attn: Mark Kempton Attn: Purchasing 8100 S. Akron Street, Suite 300 PO Box 580 PO Box 580 Centennial, CO 80112 Fort Collins, CO 80522 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, Proiect 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, Professional Services Agreement - Work Order Type Page 2 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements 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 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. 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 three (3) page(s), 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. 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 Professional Services Agreement — Work Order Type Page 3 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements 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 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. Professional Services Agreement — Work Order Type Page 4 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements 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 Professional Services Agreement - Work Order Type Page 5 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements 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 a -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 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. Professional Services Agreement - Work Order Type Page 6 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements 19. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. 20. 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. Professional Services Agreement - Work Order Type Page 7 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements THE CITY OF FORT COLLINS, COLORADO By: J m s B. O'Neill 11, CPPO, FNIGP e for of Purchasing & Risk Management Date: 2' -Z 4 ! ! ? Icon Engineering Inc. Title: 1%► c= - cs �h'r CORPORATE PRESIDENT OR VICE PRESIDENT Date: g 1 Z ATTEST- � (Corporate Seal) Cpfporate S retary Professional Services Agreement — Work Order Type Page 8 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND ICON ENGINEERING INC DATED: Work Order Number: Purchase Order Number: Project Title: 7300 Consulting Engineering Services for Clearview Channel Improvements and Future Minor Capital Improvements Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: User Acceptance 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: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: Professional Services Agreement — Work Order Type Page 9 of 13 7300 Consulting Engineering Services for Clearview Channel Improvements & Future Minor Capital Improvements