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HomeMy WebLinkAbout406009 REAL GIS INC - CONTRACT - CONTRACT - 31061N 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 ReaIGIS Incorporated, 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) pages, and incorporated herein by this reference 2 The Work Schedule The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference 3 Contract Period Services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement Services shall be completed no later than December 31, 2008 Time is of the essence Any extensions of the lime limit set forth above must be agreed upon in a writing signed by the parties 4 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 frfte-en (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 Standard Professional Services Agreement- rev06/07 EXHIBIT "B" WORK SCHEDULE Project Summary. Phase 1 Design 1 Kick-off meeting with City of Fort Collins to discuss detailed application requirements a General functionality b Tool specifications for the end -users c Tool specifications for the administrator 2 Decide on mapping elements a GIS data to be integrated as layers b Thematic maps to be produced 3 Present mock-ups of the site layout and design for client approval Phase 2 Application Development 1 Build the agreed upon interface and tools 2 Application testing 3 Preparation for delivery Phase 3 implementation 1 Deploy to client development (test) system 2 User training 3 Acceptance testing 4 Install on the City production system Schedule: Assuming a start date around September 30, 2007, RealGIS anticipates that this project will reach completion abound mid -January 2008 Standard Professional Services Agreement-rev06/07 10 EXHIBIT "C" BILLABLE RATE SHEET Labor Cate( o Rate Data Tech 1 $48 Data Tech II $54 Data Tech III $60 GIS Tech I $62 GIS Tech II $68 GIS Tech III $74 GIS/Inte rit Analyst 1 $80 GIS/Inte nt Analyst II $100 GIS/Integrity Analyst III $120 Programme 1 $86 Programme 11 $94 Sr Programmer $112 Project Leader $82 Project Man a er $120 Sr GIS Consultant $160 Risk Consullant 1 $184 Secretarial $38 Budgetary Estimate Based on their current understanding of the needs and technical specifications desired, ReaIGIS estimates that this project will cost between $27,000 and $29,000 All services are to be billed on a time and materials basis Standard Professional Services Agreement- rev06/07 11 OCT-23-2007 12:27 From To CLtB of Fort Collins P 1�2 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID P DATE(MMIDDIYWYI NEWCE-1 10 23 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LBN Insurance Agency HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4848 Thompson Pkwy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Johnstown CO 80534 Phone 970-635-9400 Fax 970-635-9401 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Hartford Casualty Ins Co INSURER Pinnacol Assurance New Century Software, Inc. INSURER L..dv k Av.rc.En Co B RealGxs, Inc 2627 Redwing Road Suite 100 INSURER Fort Collins CO 86526 INSURER E COVFRAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THETERMS EXCLUSIONS AND ODNDTHON$ OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUM LI VE PECTIN DATE INDOM CY EXPI PATE MMIODM' LIMITS GENERAL LIABILITY EACH OCCURRENCE 32,000,000 A COMMERCIAL GENERAL LIABILITY 34SEAGQ5061 09/29/07 09/29/08 PREMISES((EEe�Eenw) $300, QQQ CLAIMS MADE [XI OCCUR MED EXP (A, one person) $ 1Q 000 PER5ONAL 8 ADV INJURY $ 2 , 000 , 000 X Contractual SURVEYING OPERATIONS A _ 34SBMRU5199 02/09/07 02/09/08 GENERAL AGGREGATE $4,000,000 _ GEN L AGGREGATE LIMIT APPLIES F ER PRODUCTS - COMPICP AGO $4,000,00D POLICY 7 JE6T LOG A AUTOMOBILE LIABILITY"OMBINED ANY AUTO SINGLE LIMIT iEa aWdenl) E1, QQQ, DQQ X BODILY INJURY I Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS 34UECTZ1909 08/05/07 08/05/08 X BODILY INJURY IPer accII E HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE (Per. dBnl) $ GARAGE LIABILITY AUTOONLY EAACCIDENT E OTHER THAN EA ACC AUTO ONLY AGO $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY F ACH OCCURRENCE IS OCCUR CLAIMS MADE E _ AGGREGATE i E DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE 3433908 (COLORADO) 03/01/07 03/01/08 K TCRY LIMITS ER EL EACH ACCIDENT $1,000,000 E L DISEASE - EA EMPLOYEE E 1, QQQ, QQQ OFFICEWMEMBER EXCLUDED' Ii y65 dMba undeI SPECIAL PROVISIONS below —� EL DISEASE -POLICY LIMIT E1 0001000 OTHER C Professional Liab LHR805766 06/20/07 06/20/08 Prof $1,000,000. Claims Made Form Liab $10,000 dad DESCRIPTION OF OPERATIONS I LOCATIONS I VE HICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Computer Consulting/All Locations/All Operations/Certificate Holder is an Additional Insured with respect to general liability covrage as their interest may appear with respect to work performed by the named insured CERTIFICATE H01 DFR CANCELLATION FT COLL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLSD BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City Of Fort Collins NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Purchasing Dept Attn Ed Bonnette IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P O Box 580 REP SENTA NE$ AUT RI EPRESENTAIN /f Ft- Collins CO 80522-0580 ACORD 25 (2001)08) D ACORD CORPORATION 1988 OCT-23-2007 12:27 From To.Cit� of Fort Collins P.212 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon Professional City With Copy to Ronald Brush, President Dan Coldiron City of Fort Collins, Purchasing RealGIS, Inc City of Fort Collins, GIS Dept PO Box 580 2627 Redwing Road #100 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80526 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 5 Design, Protect 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 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 $N/A 6 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 in accordance to Exhibit "C", Billable Rate Sheet, consisting of one (1) page, and incorporated herein by this reference, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Twenty -Nine Thousand Dollars ($29,000 00) unless a written amendment to the agreement or change order is executed Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible Standard Professional Services Agreement- rev06/07 2 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 7 City Representative The City will designate, prior to commencement of work, its protect representative who shall make, within the scope of his or her authority, all necessary and proper decisions with rcference to the protect All requests for contract interpretations, change orders, and9 other clarification or instruction shall be directed to the City Representative Professional shall provide the City with reproducible drawings of the prolec aining accurate n information on the protect as constructed Drawings sh are 6f chival, prepared on stable mylar base material using a non -fading pr o provide for long storage and high quality reproduction "CD" disc of t� as wlt drawtf' ings shall also be submitted to the owner in and Al version no 9 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 10 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 11 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 Standard Professional Services Agreement- rev06/07 3 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 C ity 12 Acceptance Not Waiver The Clty'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 13 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 14 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 lees and costs incurred because of the default 15 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 16 Law/Severability The laws of the State of Colorado shall govern the construction, interpretation, e<ecution 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 Standard Professional Services Agreement- rev06/07 4 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 end 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 confirm the employment eligibility of all newly hired employees b Contractor 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 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 tob applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work Standard Professional Services Agreement- rev06/07 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, CRS 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 18 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference THE CITY OF FORT COLLINS, COLORADO Standard Professional Services Agreement- rev06/07 6 By Jafneb B O'Neill II, CPPO, f-NIGP Director o rchasing & Risk Management DATE /D O ReaIGIS Incorporated By n By Y (i,�1 1 �-/ �--- Title PAz4•4> CORPORATE PRESIDENT OR VICE PRESIDENT Date f °-Z-q 1-�Vt ATTEST (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev06/07 EXHIBIT "A" SCOPE OF WORK The City of Fort Collins is looking to modernize their existing ArcIMS-based mapping system, bringing it inline with new technology from ESRI, as well as improving its usability and overall functionality for its end -users ArcGIS Server 9 2 has already been implemented on an initial basis at the City, and the City is looking to ReaIGIS to help initiate the technical development of an ArcGIS Server replacement for the existing system ReaIGIS understands that the City of Fort Collins is currently using ArcGIS Server Standard but will be migrating to ArcGIS Server Advanced Enterprise The user community for the existing application is a cross-section of Norllhern Colorado residents, primarily residing in Fort Collins, and can be considered fairly anon -technical Maps will be accessed via the public website ReaIGIS has worked with the City on protects involving online mapping for economic development purposes Its parent company, New Century Software, has successfully developed ArcGIS applications software for companies like DCP Midstream (formerly Duke Energy) and is fully capable of producing similar results for the City of Fort Collins General Requirements • Easy -to -use, intuitive interface for end -users • Prominent positioning of commonly used tools • Emphasis on theme -based maps (schools, parks, crime, flood, etc ) • Ability to generate print quality maps • Ability to export and save tabular results from searches • Filtering of extraneous fields from search results to streamline the: search process • Focus on speed and clarity of mapping and tabular data Deliverables • Combine the portfolio of City web maps into a single application interface • Client will be able to create new thematic maps, delete existing maps, and add/edit/delete layers within a map • Users can easily swap between different "theme -based" maps as well as toggle the state of individual layers Themes will take prominence in the user interface • Develop an Address Locator tool, allowing a user to quickly and easily navigate to and view information about a specific address • Develop a "Find" tool which will allow users to spatially query for features within a certain radial distance from a selected Feature • User interface will reference style sheets or ASP NET Master Pages so that look -and - feel changes governed by the City will be reflected in the design Schedule. Assuming a start date around September 30, 2007, ReaIGIS anticipates that this protect will reach completion abound mid -January 2008 Budgetary Estimate Based on their current understanding of the needs and technical specifications desired, Standard Professional Services Agreement- rev06/07 ReaIGIS estimates that this protect will cost between $27,000 and $29,000 All services are to be billed on a time and materials basis Assumptions • All development will be conducted within ArcGIS Server Advanced Edition • Fort Collins will supply ReaIGIS with a copy of Its GIS data during development for testing purposes • ReaIGIS will host the application during the testing phase Client access will be granted at key checkpoints for quality assurance • Fort Collins will host the application after the go live date Protect Team ReaIGIS Protect Leader Kris Neese ReaIGIS Protect Manager Ian Hogan City of Fort Collins Protect Manager Dan Coldiron Technical Platform. ArcGIS Server 9 2 Service Pack 2 and higher NET Framework 2 0 Windows Servei 2000 or 2003 Internet Explorer 7 Intellectual Property: • Source code will be delivered to Fort Collins at the completion of the protect • Due to inclusion of current source code in this protect, ReaIGIS and its parent company, New Century Software, reserve the right to re -use code and functionality with future clients Standard Professional Services Agreement- rev06/07