HomeMy WebLinkAbout102630 AYRES ASSOCIATES INC - CONTRACT - RFP - 7445 CONSULTING ENGINEERING SERVICES FOR STREAM REPROFESSIONAL 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 Ayres Associates 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 7445 Consulting Engineering Services for Stream Restoration
& Habitat Enhancement Capital Improvements issued by the City. A blank sample of a work
order and general scope of work is attached hereto as Exhibit "A", consisting of three (3) pages
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 February 1, 2013, and shall
continue in full force and effect until January 31, 2014, 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
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 1 of 14
OVERRALL SCOPE OF SERVICES
A. General Description of the Work
The intent of the City of Fort Collins Utilities is to award a contract to a qualified consultant
for consulting services during the planning, design and construction phases of Stream
Restoration and Habitat Enhancement Capital Improvements for 2013 and renewable
annually for four more years.
Based on quality work and service the selected consultant may be retained by the City of
Fort Collins Utilities annually for up to five years to provide studies, system modeling,
engineering design, permitting, surveying and construction management services for future
projects as they are required. Projects may also be related to stormwater protection, water
quality functions, detention basins, drainage channels, culverts and pipelines as well as
related infrastructure required to complete specific projects.
The City of Fort Collins Utilities envisions an increasing need for innovative engineering and
sustainable water quality solutions for the rehabilitation of stream corridors across the City of
Fort Collins. Throughout the City's stream corridors, fish and wildlife habitat have been
compromised or destroyed, where stream bank and bed erosion have created safety
concerns and water quality problems, and where development has impacted the natural
ecology of the corridors. Project designs will seek to minimize the impacts to neighborhoods
and the environment while still accomplishing the above stated goals by fully utilizing
sustainability strategies.
Projects will be managed using the Alternative Product Delivery System (APDS). The
selected consultant will be part of a project team consisting of City of Fort Collins Utility staff,
project construction company staff, and engineering consultant staff. All team members will
participate in the project from conception, through the design phase, and during
construction. Participation by all team members throughout the project is expected to
encourage innovation and enhance project quality and value.
Work will be on an as needed basis with the scope of work to be defined and a work order
negotiated prior to the time the work on each project is commenced. Annual budget for
Stream Restoration Projects is projected to be $650,000 per year starting in 2013. This
budget will cover design fees, project administration, project management and construction.
Project budgets will frequently involve more than one year's funding. This is an indicator of
the level of work that can be expected, but should not be interpreted as a guarantee of
future work.
Interested firms are encouraged to visit with the Chief Engineer to better understand the
RFP and associated future work.
B. Project Description — Fossil Creek Restoration
The project will involve two phases:
Phase One is to determine a "Design Vision" for the entire Fossil Creek. The conceptual
schedule calls for this to be a three month task, from January through March, 2013. The
design and vision for Phase One - Fossil Creek, as well as subsequent City drainage
systems and watersheds to be restored, is to include the following criteria — ecology and
habitat improvement, geomorphic controls (i.e., erosion potential and channel stability),
aesthetic value and social benefits, sustainability, infrastructure protection, retrofit or
removal of in -stream obstacles, dealing with irrigation flows, fish passage structures, cost,
and practicality (the triple bottom line).
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 10 of 14
Phase Two is to complete the design (including plans and specifications, floodplain
modeling, CLOMR/LOMR submission, and appropriate permit applications) for the
restoration of a reach of Fossil Creek from Lemay Avenue west for approximately 2,500 feet
to the confluence with Mail Creek. Schedule calls to complete the design from April through
September 2013 with construction scheduled to begin by October 1, 2013.
C. General Information for Future Work
The selected consultant may also be used for the design of stormwater master plan projects
or system improvement projects concerning the existing stormwater system. These projects
will be awarded on an as needed basis. There is no assurance of this work. Documentation
for all projects will be provided in both hard copy and electronic format as requested by the
Utility.
Drawings will be AutoCAD (Version 2008) generated, ink on mylar. "As -Constructed
Drawings" will be provided to the City on CD's or DVD's at the completion of each project.
Provide "As -Constructed" stamped, original mylars at the completion of the project to
become the property of the City of Fort Collins Utilities.
Prepare construction contract documents and specifications using CSI format and City of
Fort Collins modified EJCDC General Conditions, standard front end documents and the
Utility Technical Specifications with modifications.
Prepare designs in accordance with the applicable City criteria, including but not limited to
the City of Fort Collins Stormwater Criteria Manual, City of Fort Collins Floodplain Modeling
Guidelines, and the appropriate Stormwater Master Drainage Plans and Updates.
Identify all easements or properties required for project construction and prepare all legal
descriptions and exhibits needed by City staff in acquiring these easements and/or
properties.
All known existing utilities and structures will be identified, located and shown horizontally
and vertically, if possible, in relationship to proposed improvements.
Assist in the identification of required permits for design and construction of assigned
projects. All applications for permits will be prepared by the consultant.
Prepare and submit floodplain modeling and a CLOMR (FEMA and City floodplains) for
review by City Staff, including addressing comments as necessary for CLOMR approval.
Prepare and submit a LOMR upon completion of the project.
Engineer may provide construction administration, submittal review and continuous full time
field inspection of the project. Resident Project Representative duties must be performed
with experienced and qualified personnel approved by the Utility.
Provide all surveying required for the design of the project and baseline control for
contractor use during construction.
Provide all geotechnical services required for the design process and for construction testing
during construction projects.
Provide detailed written monthly progress reports throughout the duration of the design and
construction of all work. The progress reports will be part of the billing submitted monthly.
Work with the designated construction contractor to assist in providing detailed estimate of
construction costs.
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 11 of 14
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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
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 14 of 14
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:
Ayres Associates
City of Fort Collins
City of Fort Collins
Attn: Andrea Faucett
Attn: Owen Randall
Attn: Purchasing Dept.
3665 JFK Parkway, Bldg 2, Suite 200
PO Box 580
PO Box 580
Fort Collins, CO 80525
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, 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 harmfess 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
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 2 of 14
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 two (2) 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
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.
Professional Services Agreement— Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 3 of 14
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.
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
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 4 of 14
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
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 5 of 14
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.
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.
If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
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.
If Professional violates any provision of this Agreement pertaining to the duties
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 6 of 14
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.
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 and must as expeditiously as possible notify the City in writing of
significant breeches of security or Red Flags to the Utilities or the Privacy Committee.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C " - Confidentiality, consisting of
one (1) page, attached hereto and incorporated herein by this reference.
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration 8
Habitat Enhancement Capital Improvements Page 7 of 14
THE CITY OF FORT COLLINS, COLORADO
By: / I
"' —
-'O -Ja B. O'Neill I, CFJPO, FNIGP
krrTirector of Purchasing & Risk Management
Date: � �%/ I �
I_1
City Clerk y� r
APPR,0VFGPS TO FORM:U; ���� .•
Assistant
AYRES ASSOCIATES
By: ` /
Title: V u'e' ?'rnt466
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 1 l 7-5I 13
ATTEST:
(Corporate Seal)
Corporate Secretary
Professional Services Agreement - Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements Page 8 of 14
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
AYRES ASSOCIATES
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 Exhibits _,
—, _, consisting of _ U pages are hereby
accepted and incorporated herein, by this
reference, and Notice to Proceed is hereby
given.
Professional:
By: jl�f;c,Q
Date:
City of Fort Collins
Submitted By:
Project Manager
Date:
Reviewed by:
Senior Utility Engineer
Date:
Approved by:
Water Engineering & Field
Services Operations Manager
Date:
Approved by:
Utilities General Manager
(over $1,000,000)
Date:
Approved by:
Director of Purchasing & Risk Management
(if over $60,000.)
Date:
Professional Services Agreement — Work Order Type
7445 Consulting Engineering Services for Stream Restoration &
Habitat Enhancement Capital Improvements
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