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HomeMy WebLinkAbout307110 HDR ENGINEERING - CONTRACT - CONTRACT - 29862 (2)PROFESSIONAL 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 HDR Engineering, Inc., hereinafter referred to as "Professional". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it Is agreed by and between the parties hereto as follows: Scone of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence within five (5) days of execution and shall continue in full force and effect until April 30, 2007 unless sooner terminated as herein provided. 3. Early Termination by City. 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 malled, postage prepaid and sent to the following addresses: Professional: City: With Copy to: HDR Engineering, Inc City of Fort Collins City of Fort Collins, Purchasing Attn: Tony Bagwell Mike Freeman, Economic Advisor PO Box 580 4401 West Gate Blvd., 300 W. LaPorte Ave. Fort Collins, CO 80522 Suite 400 Fort Collins, CO 80521 Austin, TX 78745 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 Standard Professional Services Agreement- rev06l22l06 Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design. Project Indemnity 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 indemnity, 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 attorneys fees, arising directly or indirectly out of the Professional's 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 $ WA. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Twenty Thousand Dollars ($20,000) in accordance with fee schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. All such fees and costs shall not exceed Twenty Thousand Dollars ($20,000). 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 hereto and upon the Citys approval of the Professional's actual 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. 6. 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 Standard Professional Services Agreement- rev08J22(06 2 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. 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, 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. B. 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. 9. 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. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in anyway 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. 11. Def ul . 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. 12. Remedies. In the event a parry 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 Standard Professional Services Agreement- revoaWO6 3 remains uncorrected, the parry 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 parry, the defaulting parry shall be liable to the non -defaulting parry for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Bindina 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. 14. Law/SeverabilitV. The laws of the State of Colorado shall govem 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. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific and product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Standard Processional Services Agreement- rev08/22M 4 C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. Standard Professional Services Agreement- rev08122/06 THE CITY OF FORT COLLINS, COLORADO *mgls B. O'Neill II, CPPO, FNIGP Director urchasing & Risk Management DATE: -�> } ATTEST: (Corporate Seal) Corporate Secre ry Standard Professional Services Agreement- rev66/22M6 Exhibit "A" Scope of Services to Review Various Municipal Development -Related Fees This review would entail considerations of the existing: • inventory of the fees and their comprehensiveness, ■ applicability of such fees, • basis for the fees, • cost basis for the fees, • amount fee revenue generated, • ease of administration of the fee structure by the City, • ease of administration of the fee structure by Development Community, A detailed 'time and motion" type study can be expensive and still typically involves making a number of assumptions in developing the fees. It is HDR's understanding that, at this time, the City is requesting a reconnaissance -level assessment involving a limited block of HDR's time to conduct a review of City -provided fee and other information requested below, followed -up with a limited on -site visit and interviews, and submission of a draft and final technical memo outlining various findings, opinions, and recommendations for further action. The City will provide, in advance of the on -site work, various information including: • A directory of City staff with names and phone numbers, • A list of all development -related fee schedules and any underlying terms or policies, • Any written or unwritten city policy relating to a targeted level of cost recovery of such fees, • Which staff, by name and department, are directly involved in providing review activities related to service fee charges, • Which staff, by name and department, are directly involved in providing management activities related to capital recovery fee charges, • Which staff, by name and department, are directly involved in assessing and collecting service or capital recovery fees, • Any prior studies or reports related to the basis, sizing, and implementation of such fees, • Assumptions used in budgeting fee revenues, and • Listing of any known comments/concerns voiced by City staff or developers related to such fees The City wishes to prioritize the review of service tees for Planning, Building, Engineering, Transportation, and Utilities and that capital recovery fees for the General Fund or Utilities are a secondary priority. Standard Professional Services Agreement- revo6/22/06 EXHIBITS' As detailed in Table 1, HDR proposes to conduct this effort, on a time and materials basis, for a fee of $20,000, not to be exceed without prior written authorization from the City. TABLE 1 PROPOSED PROJECT BUDGET REVIEW OF MUNICIPAL DEVELOPMENT -RELATED FEES A. LABOR EXPENSESPerson-Hour Effort Total Acuty Principal Senor Staff Junior Staff Technician Clerical Total Hours Cost Task 1 - Gather & Review Data 16.0 16.0 $ 31058 Task 2 - Arranga/Conduct On -Site Mail 32.0 32.0 $ 6,116 Task 3 - Assess All IMormailon 23.0 23.0 $ 4.396 Task 4 - Prepare Draft/Final Tech Memo 24.0 4.0 28.0 $ 4,827 Total Labor Hours - 95.0 - - 4.0 99.0 Total Labor Expense per Hour $ 191.13 $ 80.00 Total Labor Expense $ - $ 18, 157 $ - $ - $ 24D $ 18,397 B. NON -LABOR EXPENSES Unit Total Ilem Quantity Price Cost Airfare 1 round-trip $ 702.00 per trip $ 702 Rental Car 3 days $ 65.00 perday $ 195 Per Diem 3 days $ 100 per day $ 300 Computer 99 labor hours $ 4.10 per hour $ 406 Total Non -Labor Expenses $ 1,603 D. TOTAL PROJECT BUDGET 20,000 Time: Once provided Notice to Proceed and receipt of the requested information from the City, it is anticipated that a 3-day on -site visit would be scheduled within two weeks and a draft technical memorandum would be submitted for City review within the following three weeks. Standard Professional Services Agreement. rev08/22/06 8