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HomeMy WebLinkAbout630618 RS&H INC - CONTRACT - AGREEMENT MISC - RS&H, INCOfficial Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 1 of 12 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and RS&H, INC., hereinafter referred to as "Service Provider". 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of three (3) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated upon Agreement execution. Services shall be completed no later than December 1, 2018. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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 Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: RS&H, Inc. Attn: Fred L. Holderness 5690 DTC Blvd, Suite 345W Greenwood Village, CO 80111 City of Fort Collins Attn: Jin Wang PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 2 of 12 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Service Provider on a time and reimbursable direct cost basis in accordance with Exhibit B, consisting of one (1) page, attached hereto and incorporated herein, with maximum compensation (for both Service Provider’s time and reimbursable direct costs) not to exceed Nineteen Thousand Four Hundred Forty-Six dollars and Thirty- two cents ($19,446.32). Monthly partial payments based upon the Service Provider’s billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Service Provider’s City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Service Provider's reimbursable direct costs. 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 Service Provider shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. 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 DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 3 of 12 the City under this Agreement or cause of action arising out of performance of this Agreement. 11. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 4 of 12 with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the 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., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 5 of 12 d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 6 of 12 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: RS&H, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Vice President Fred Holderness 9/24/2018 Assistant City Attorney ll 9/24/2018 City Clerk Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 7 of 12 EXHIBIT A SCOPE OF SERVICES Pre-Cast Quality Assurance Inspection Services Scope of Work Riverside Avenue Bridge Replacement Project September 07, 2018 SCOPE OF WORK AND TASKS Project Background The City of Fort Collins is seeking onsite precast inspection and testing services for 13 precast/prestressed box girders and precast abutments to be used for the Riverside Avenue Bridge Replacement Project. The project includes the removal and replacement of the existing structurally deficient Riverside Avenue Bridge over Spring Creek as well as correction of pedestrian access and drainage issues. Construction is anticipated to begin during the week of September 10, 2018 with a planned precast fabrication schedule starting shortly thereafter, around the week of September 17. Overall construction is planned to take four months to complete with a planned 12-day fabrication schedule for precast/prestressed box girders and precast abutments concurrently. Plum Creek Structures in Littleton, Colorado will be fabricating the precast elements. The City of Fort Collins will assume primary responsibility for all construction inspection, documentation, and coordination. Design for the project has been completed by others. Shop Drawings, erection plans, and other Prime Contractor submittals will be reviewed by the design engineer or the City. RS&H will assist the City by performing inspection of precast/prestressed concrete box girders and precast concrete abutment sections as detailed below. 1. Pre-Fabrication Review of Plum Creek Submittals – This work consists of reviewing Contract bridge plans, the fabricator’s Quality Control Plan, fabrication schedule, jacking equipment and load cell certifications, and concrete mix design for conformance to plans and specifications prior to the start of fabrication. The work also consists of setting up comprehensive project books and files for final deliverables to the City. 2. On-Site Fabrication Inspection and documentation - RS&H will provide one dedicated PCI Level I and II certified inspector to provide Quality Assurance during precast element fabrication, specifically precast/prestressed box girders and precast abutment sections. RS&H will perform pre- and post-pour inspections of precast elements, observe strand stressing operations for girders, daily concrete pours, plant materials testing, and storage and curing of precast elements. Our inspector will also keep a detailed written inspection report for each day at the precast facility. The report will include details of the status of the production including schedule updates, character of workmanship, issues, and necessary repairs, etc. Inspection activities and observations will be entered in a narrative format on an organized daily log form. Digital photographs will be provided DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 8 of 12 in the report only if photography is allowed by the fabrication facility. 3. Pre-Shipment Release – This work consists of final inspection of precast girders and abutments prior to release from the fabrication yard for shipment to the project site. The inspector will visually verify precast elements have been finished properly according to industry guidelines and applicable standards and specifications, review camber measurements of girders, and review and verify length measurements of girders. RS&H will release the precast elements once they are satisfied all elements of the Contract and Standards have been met. Release will be accomplished with a visual QA stamp on the element, a CDOT Form 193 Quality Assurance Acceptance Report, and correspondence to the Project Engineer that elements have been released. 4. Final Documentation – The City will be provided with a complete set of documentation as outlined per the CDOT Standard Specifications for Road and Bridge Construction 2017. This documentation will be collected prior to work, as fabrication is ongoing, and once precast elements have been released. 5. Materials Testing – The RS&H inspector will be ACI Field Testing Technician Grade I certified. On-site materials testing will be performed by the production plant QC but will be observed by the Inspector to ensure proper testing procedures are being followed. Concrete cylinders for 28-day strength and early shipment strength verification will be made by the plant under RS&H inspector observation and will be transported to a testing facility for independent QA verification by Yeh and Associates. Stressing strand will be tested per 2019 Field Materials Manual Testing frequency for independent QA verification. All materials testing, frequencies, and documentation shall be in compliance with 2019 CDOT Field Materials Manual and 2017 CDOT Standard Specifications for Road and Bridge Construction requirements. 6. Project Management – RS&H will provide a State of Colorado Licensed P.E. for Quality Assurance oversight and Contract management. The Licensed P.E. will sign all final QA documents. 7. Meetings – RS&H will attend meetings on an as-needed basis to assist with the adequate inspection and delivery of precast elements. 8. Deliverables – Project files shall be provided to the City of Fort Collins in electronic format only unless otherwise requested. Please see the following FTP link for an example of the files and file structure that will be received by the City: Instructions to access the ftp site: 1.) Copy and paste the link in step 2 into Windows File Explorer or use an ftp client software program to access the site. 2.) ftp://ftp.tshengineering.com 3.) You will be prompted for a username and password. DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 9 of 12 Username: QAFab Password: CD0TF@b (Note the 0 is a zero) SCHEDULE – Service will be provided from approximately September 10, 2018 and will be completed once precast elements have been released for shipment and all QA documentation has been compiled and submitted to the City. Estimated hours for the PCI Level I and II certified inspector, the licensed P.E., and estimated strand and concrete cylinder testing costs are included in the attached cost estimate spreadsheet. FEE – The estimated fee for the services described above is $19,446.32 as detailed in the attached cost estimate spreadsheet. Assumptions RS&H’s fee for services is based on an estimated schedule of two and a half weeks of fabrication and associated tasks as described above, and on the following assumptions:  After discussions with Kevin Howland, CDOT Staff Bridge, it is typical practice to inspect all structural precast elements, including precast abutments, on CDOT projects. This scope therefore assumes that inspection of the precast abutments will be performed when they are being cast, as they cannot be inspected in the field per the standard practice.  Strand testing for QA verification will need to be performed. This assumption is based on conversations with Kevin Howland, CDOT Staff Bridge.  Based on conversations with Kevin Kovach, Plant Manager at Plum Creek Structures, he anticipates that the precast abutments will be cast concurrently with the precast/prestressed box girders over a 12 day period. DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 10 of 12 EXHIBIT B COMPENSATION DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 11 of 12 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Service Provider shall maintain errors and omissions insurance in the amount of $1,000,000. DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9 Official Purchasing Document Last updated 10/2017 Misc 2018 SA – Riverside Avenue Bridge Precast Inspection Services Page 12 of 12 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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. DocuSign Envelope ID: FD413D85-7278-4F14-ADFC-726CBDF444A9