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HomeMy WebLinkAbout274745 ENGINEERING DYNAMICS - CONTRACT - CONTRACT - 30107PROFESSIONAL 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 Engineering Dynamics , a corporation, 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 the scope of services attached hereto as Exhibit "A", consisting of two (2) page[s]. and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than U Time is of the essence. Any extensions of the time limit set forth above must be agr ed upon in writing by the parties hereto. 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 mailed, postage prepaid and sent to the following addresses: Page 1 Professional: City: With Copy to: Engineering Dynamics, Inc. Purchasing Division Cameron Gloss 3925 S. Kalamath St. City of Fort Collins Current Planning Englewood, CO 80110 P. O. Box 580 City of Fort Collins Fort Collins, CO 80522 P. O. Box 580 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. 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 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 attorneys 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, (EDI DOES NOT C,A7 ERROS AND OMISSIONS INSURANCE) d� Page 2 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Attachment B. with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed $5000 dollars. Monthly partial payments based upon the professional's billings and itemized statements of reimbursable direct costs 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 City's approval of the Professional'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 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 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. 8. 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. Page 3 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 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. 11. 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. 12. 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. 13. 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. Page 4 14. 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. 15. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of _NA ( ) page[s], attached hereto and incorporated herein by this reference. ATTEST: .4 0- Vice President THE CITY OF FORT COLLINS, COLORADO By: F LJ Aam— Q a es B. O'Neill II, CPPO, FNIGP DirecW of Purchasing I& Risk Management DATE:, D ��/ (� / 7 (Name of Consulting Company) By: Stuart D McGregor, P.E. Title: Senior Acoustical Engineer / Vice President Date: 8-May-07 Page 5 Attachment A SCOPE OF WORK ■ PROFESSIONAL will provide acoustic engineering advisory services related to a proposed ordinance regulating noise generated within the Fort Collins Downtown Cultural District. The City has requested PROFESSIONAL to conduct a series of tasks to help inform the following policy issues: • The City's noise ordinance is not well -suited to the development of downtown Fort Collins as a cultural center nor is it consistent with noise standards applied by the Federal government as well as some states and municipalities. In many instances, existing noise levels do not comply with the present ordinance. Background noise associated with train horns, industrial operations, truck and vehicle traffic, and other street activities violate the standards on a regular basis. Many successful downtown performance events, such as New West Fest, Tour de Fat, Sustainability Fair, and open air performances at the Oak Street Plaza, Justice Center and Lincoln Center, which operate under a special event permit, are also non -compliant. Under the present standards, music —offered at all the outdoor events above —is further penalized by a five decibel reduction, going as low as 55 dBA at the boundary of non- residential properties and 50 dBA at the boundary of residential properties. • There are many projects and programs envisioned for the downtown, in addition to the existing events, which further the mission for downtown as a cultural center, including the Beet Street concept, which could be jeopardized unless more realistic standards for noise impacts associated with downtown events and projects is created. • New Noise Standards must be compliant with all applicable state or federal noise regulations, tailored to the unique needs of downtown businesses, facilities and events, and respect livability of residential areas within and surrounding the downtown. • The criteria must account for occasional or infrequent loud noises which exceed the maximum dBA; such noises would technically amount to a violation of the standard. Page 6 SCOPE OF WORK There are six major tasks anticipated at this time as outlined below: Task 1: Evaluate Present Regulations PROFESSIONAL will evaluate in the City of Fort Collins Noise Standards as they are presently applied to the area identified as the Downtown Cultural District and identify strengths and weaknesses. Task 2: Perform Noise Tests PROFESSIONAL will provide site -specific noise tests simulating projected facilities and events at prescribed locations and predict noise impacts to affected properties. Task 3: Participate in Public Outreach Two neighborhood meetings will be conducted that will provide the public to comment on existing and projected noise issues within and surrounding the downtown area. PROFESSIONAL will give presentations at the meetings, providing an overview of existing and anticipated noise levels within the downtown and behavioral responses to such noise levels. Task 4: Develop Draft Standards Based on the public outreach, PROFESSIONAL will evaluate and recommend alternative approaches to regulation of downtown noise and assist the City in developing draft standards. Task 5: Report and Presentations PROFESSIONAL will prepare a concise 10 page decision level report summarizing the regulatory options for staff and council review. PROFESSIONAL will attend one Planning and Zoning Board meeting and one City Council meeting to present the results of the analysis. BUDGET AND SCHEDULE It is recognized that the project work plan is expected to evolve as the details on each project are fleshed out. We, therefore, propose to initiate work on a time and materials basis with an initial upset limit of $5,000 for Tasks 1 through 5. The contract can be amended by mutual consent on an as -needed basis. The PROFESSIONAL billing rates by staff level are attached (Attachment B). PROFESSIONAL will start on this assignment immediately and will establish a project schedule for the specific tasks as soon as the required project development programs and financial pro formas are available. Page 7 Attachment B CONSULTANT'S NAME - 2007 HOURLY BILLING RATES Senior Acoustical Engineer $125 Senior Technician $ 90 Administration $ 65 Page 8