Loading...
HomeMy WebLinkAbout450506 DITESCO LLC - CONTRACT - AGREEMENT MISC - DITESCO LLCAGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 27th day of July, 2012, by and between Poudre River Public Library District whose address is 201 Peterson Street, Fort Collins CO 80524, hereinafter referred to as "Client", and Ditesco. LLC, whose address is 1315 Oakridoe Drive Suite 120. Fort Collins CO 80525, hereinafter referred to as "Contract Professional." WITNESSETH: WHEREAS, Client is in need of hiring an independent Contract Professional to perform professional services. Professional services ordered under this contract are attached hereto as Exhibit "A" and comprise the Scope of Work to be provided by the Contract Professional. WHEREAS, Contract Professional has the time available and is willing to perform the Professional Services according to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: TERM: The term of this Agreement shall be from July 27, 2012, through and until December 31, 2012. 2. SERVICES PROVIDED BY CONTRACT PROFESSIONAL: Contract Professional agrees to perform the Professional Services for the compensation provided below and as attached in the Scope of Work. COMPENSATION: Client agrees to pay Contract Professional for all services performed hereunder according to the rates set forth in the Scope of Work. The Client further warrants that it has sufficient funds for payment of fees provided for in this agreement. 3. INDEPENDENT CONTRACTOR: Contract Professional agrees that he or she is an independent contractor and will not become an employee of Client, nor is he or she entitled to any employee benefits from Client as a result of the execution of this Agreement. 4. PROPERTY: Contract Professional agrees that all work products produced under this contract shall become property of the Client. 5. INDEMNIFICATION DESIGN AND INSURANCE: Contract Professional agrees to indemnify Client, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Contract Professional in the performance of this Agreement and shall hold Client harmless from any loss occasioned as a result of the performance of this Agreement. Client agrees to indemnify Contract Professional its members, managers, employees and sub -consultants against liability for injury or damage caused by any negligent act or omission by Client in the performance of this Agreement and shall hold Contract Professional harmless from any loss occasioned as a result of the performance of this Agreement. Contract Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contract Professional shall maintain commercial general liability insurance in the amount of $1,000,000 aggregate, errors and omissions insurance in the amount of $1,000,000, worker's compensation and auto liability as it deems appropriate. ' 6. NON -ASSIGNMENT: Contract Professional may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of Client. TERMINATION: Either party may -terminate this Agreement at any time by providing the other party Page 1 of 8 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. 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E", consisting of two (2) pages, attached hereto and incorporated herein by this reference. CONTRACT PROFESSIONAL: By: - Name:_ IJTi� 6Y. Title A with a 10-day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. In the event of termination, payment shall be due for all services and reimbursable expenses incurred through the date of termination. 8. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 9. 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. 10. CLIENT REPRESENTATIVE: Client will designate, prior to commencement of work, its project representative ("Owner's 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 Owner's Representative. 11. MONTHLY REPORT: Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Contract Professional will provide Owner's Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. 12. ACCEPTANCE NOT WAIVER: Client's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Contract Professional of responsibility for the quality or technical accuracy of the work. Client'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 Client under this Agreement. 13. NOTICES: Written notices required under this Agreement and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand -delivered or three (3) days after being sent by certified mail, return receipt requested: If to Client Poudre River Public Library District Holly Carroll Executive Director 201 Peterson Street Fort Collins, CO 80524 If to Contract Professional: Ditesco, LLC Keith Meyer, P.E. 1315 Oakridge Drive, Suite 120 Fort Collins, CO 80525 14. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. Page 2 of 8 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this _� day of Z4/2- CLIENT: By: Name: ! �/ ATTEST: By: CONTRACT PRO c SSI NA : By:_ Name: i SUBSCRIBED AND SWORN to before me this T WITNESS my hand and official seal My commission expires: tI i31ZO(D By: Name: Title: Date 401- b /2 day ofAugt Vw�p"'tj Notary Publi Page 3 of 8 11111111 aDSA ofColorodob Exhibit A Library Plaza Streetscape Project and Construction Management Scope of Services Project Understanding The Poudre River Public Library District wishes to construct fairly extensive site work improvements to the east side of the Peterson Library site. The work generally includes concrete flatwork, site amenities, landscaping, irrigation and electrical. Being a streetscape project, the project components are complex from an installation and coordination standpoint. The level of detail for installation is critical to realize the intended architectural effect. The design is currently in a design development (DD) phase and is being prepared by Ripley Design. It is our understanding Ripley is currently not contracted for bidding or construction administration phase services. Our team would look to fill these gaps and engage Ripley to ensure the design meets the architectural design standards and intent set forth in the contract documents. We would manage a single contract document preparation phase for the majority of site work and possibly multiple task order work items using the City's on -call construction contractor program. Phase: Desion (Task fa) • During this phase Ditesco personnel will review and comment on all design submittals (DID, CD document sets) prepared by Ripley Design. We expect this to be a minimum of one round of review at each stage of plan development. Comments will be redlined in both the technical specifications and plan sets (as appropriate). We will attend regularly scheduled design review meetings with the Library District to facilitate progression of the design phase. • We will coordinate plan and specification review through the City of Fort Collins as needed to ensure the project is well received through both the Parks and Engineering Departments. • Also during this phase we will establish the overall project budget, address cash flow requirements and provide the Library District with a cost control spreadsheet to help manage the overall budget effort. Phase: Bidding (Task 1b) • During the bidding phase Ditesco will work with Ripley and City Purchasing to prepare the entire bid package of contract documents including Bid Forms, General Conditions, General Requirements, Technical Specifications and Drawings. We will then coordinate solicitation of contractors through City Purchasing, conduct a pre -bid meeting, prepare addendums, open bids and issue a construction contract. We expect this work to include the majority of site flatwork construction. Phase: Construction Management (Task IN • During this phase Ditesco personnel will photograph existing project conditions to document the site prior to construction work starting. This effort minimizes owner risk if other site areas are damaged by the construction contractor. • We will manage one pre -construction meeting and will review and comment on any documents provided by the contractor. We will conduct a review of the project schedule and ensure a logical, defined CPM is established. • We will manage all construction phase communications including submittal review, RFIs, meeting minutes, test results, correspondence and reports. • We will conduct weekly progress meetings on site with the contractor. We will provide meeting minutes for all meetings. Page 4 of 8 • We will review and recommend approval of pay applications; review and manage contract changes for approval, generate and coordinate responses to RFls and provide for overall administration of the construction contract. • Our staff will perform daily site inspections (part time 3 hrs per day) to ensure quality construction and conformity to the plans and specifications. We will provide field engineering support addressing field changes quickly to avoid construction delays. • We will assist in review of all project submittals providing comments directly to the contractor. • Ditesco staff will review all material test reports. We will comment on reports not meeting specifications and recommend remediation measures if necessary. We will ensure the appropriate numbers of tests are taken and that they are sampled according to industry standards and the project specifications. We will coordinate all testing activities with the selected material testing contractor which has been included as an allowance in our scope of services. • We will maintain a photographic log of the project documenting pre -construction, construction and post construction conditions. • As needed, we will coordinate work between the Library, contractor, City, on call contractors, and outside agencies (e.g. utility companies) affected by the project. • We will maintain project records including contracts, schedules, progress meeting minutes, material test results, reports, correspondence, pay applications, change orders, routine photographs, submittals, RFls, and post construction close-out paperwork (punch lists, lien waivers, substantial completion/final acceptance). • Ditesco personnel will ensure that an as -built plan set is maintained. This will be a redlined drawing set maintained by our staff and will be coordinated with plan changes that may be documented by the contractor. We will also ensure accurate O&M manuals are transmitted to the Library District upon completion of the project. Deliverables • Deliverables will include full project documentation presented in tabbed binders including: construction correspondence, pay applications, change orders, field orders, schedules, submittals, transmittals, reports, photographs, meeting notes, record drawings and other relevant information produced throughout the design and construction phase. All documents will also be provided in an electronic form on DVDs or CDs for Library District use. Schedule The anticipated schedule for construction of the Library Plaza Streetscape Project is as follows: Design July — August 2012 Bidding August — September 2012 Construction: September - October 2012 Page 5 of 8 Fee Estimate We have based our fee estimate on the following assumptions. • 4 month design, bidding and construction timeframe • Majority of construction to begin September 2012 with completion in October • Daily Construction Management effort is part time for 2 months in 2012 Estimated Fee: Estimated Reimbursable Expenses: Total: $22,580.00 1550.00 $24,130.00 A detailed task breakdown is included. Please find this on page 6 of this scope of work proposal. The fee shown above is to be billed on a time and material not -to -exceed basis based on the rates shown in the table on page 5 and 6 of this proposal. All reimbursable expenses will be billed at direct cost. Mileage will be billed at $0.75 per mile. In the event further project and construction management support is needed to assist with the on -call construction contracts, we propose to perform this at a time and material basis not -to -exceed $3,500 per contract. 2-/c)oz00 Page 6 of 8 iditesco Project and Construction Services Ditesco 2011-2012 Wage Rate Schedule Owner/Professional Engineer: $120 - $130 Project Manager: $95 - $120 Construction Manager/Resident Engineer: $75 - $85 Administrative: $45 - $55 Mileage Reimbursement: $0.75 per mile All other costs at direct expense Terms 30 days net Page 7 of 8 ditesce Pro M and Construction SerNees Poudre River Public Library District Library Park Plaza Slrootscape NS.'2o12 classincation Phaaerrask Description Project Construction A ,-IstmWe Task Total er hro Mana er hrs has HolesMans so$ sea S5o Task ta; Pro ect Mana emOnt .{DerBlddlPhasel 1.1 Conuad management eta 2 0 0 1.2 Meeti and Comas orients DD CD review insisting a $180 cash flow coat control ahael bud el men emeM 18 8 0 52 200 Pmgms rroefinqs witn amMUct Ian review Task 1b: Construction Management (Construction Phase) 1.1 Review Conseuclion Contracts 10 4 0 7.2 Review Comtruclion Plamend5 cautions 2 $l 290 esaisUnca wiN b:d tloc re oration; technical s Oca 1.3 CreaU an0 cam Da ob files 0 2 0 4360 final review of Did dop la readiness Sea 0 2 0 5170 set u job files for ISharePolnt I.5 Pre -Bid Alimdanu 2 0 0 $O mro assue t nestled for this project 7.6 Precomtruction Photographs and Ytleo 0 2 3 D S360 bid and Did ni attendance 1.7 Preconavuction Meeting minute,, gt ct fats MC 0 2 0 2 f255 minimal for site 1.8 ScheduU rovrew 3270 attendance and man nl of rocon mason 1.9 SubmittaUano dmri mordineoon and rxatl kee 1 2 1 8 0 $180 esUW hl schedtb for r0 t with con"etor 1.70 ss meell 1 week Ur 2 months 0 16 0 S870 submittal review and c0ordinallon with ercWlecl Monthly 1.11 Monty 81d el Re 1 16 W 760 attendance and man emeM of rasa meetings 1.12 comrod Mana emeM applications, change orders etc. 8 2 12 0 32&5 66 eroationof0ud tre for 1.13 RFI Rea ae 0 0 51 gee a0 eOMred pa2erwOm 1.14 Comb ion Mana 1 on site - n ume for 2 mot 0 4 120 0 $340 answeri oontradom formal RFI5 1.15 Dal mWldion s 0 0 570.200 site ins on and [Onatruceon man eman - 3 Ms r tl ay 7.78 Job Files t lost r its minutes canes dents totm. etc. 1 0 4 0 4 SO $835 not used 1.17 MonthlyReport, 0 0 0 SO not used Task 3; Close Out 3.1 Punch list walk iNau h 0 1 3.2 Record Orawi m Co'labon 0 1 0 85 685 3.3 Close out subaUntial and final min tion. etc. 7 1 0 5 3Pr.4 ' ut Close Ocoin abon of files, hotos "ob recordsetc. , 0 2 2 0 2 31 3270 3.5 War an walkthrou h t 7th and 23rd month 1 0 $270 ReimburSables --- mileaile 0 $0.75 permile Pholomilmes. Pm'ed bindeN6les. etc. S6W Mstenata Tss . allowanp 70D Saw concrete rasa . 3011 tallim as needed Work ERort 9ubtoMl 47 193 24 $22 530 subtotal Reimburoable Rame 111.1130 Coat perlahea ca490 S4,445 379,915 $1,200 Grand Total SU 130 Aepumptlons: FTE Cale (Admin): 0.04 FTE Cale(RE): c31 FTE Cale (PM): 0.07 Total Comt. Budget: S260,000 % of total budget: 9.3% Pre ro Projecil 6 I ifcatlona 24 0 2 $2 380 UpdaWanterNI IroM ends J 0 0 $285 Pre reheviewadveresenonl 1 0 P rota U conditionsmtaldem risk 1 - 0 0 $as PreMeunItI. raemotition phasing40 20 0 0 $95 $5500 aeuaihtl 2 0 0 S190 Assimm pmbnd meellnt; Pneplaftendance 4 4 0 S720 Attend bid cosint 1 Review uatifitauorlJwdU rewnunendauon 6 D 2 0 0 S85 5740 Review comWcbOn eo111110WCOMdinale rftbng IM h pumins3ina 2 0 0 $190 Issue NOA, NTP 1 0 0 S95 Pogo 0 of a AMENDMENT A 17. 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, 104`h Congress, as amended, and expanded in Public Law 156, 108`h 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 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.