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HomeMy WebLinkAboutJR ENGINEERING - CONTRACT - RFP - P742 CIVIL ENGINEERINGEl PROFESSIONAL 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 J R ENGINEERING, 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 1 Scope of Services The Professional agrees to provide services in accordance with any protect Work Orders for Civil Engineering Design and/or Drafting Services, issued by the City A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference No Work Order shall exceed $50,000 00 The City reserves the right to independently bid any protect rather than issuing a Work Order to the Professional for the sarne 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 March 1, 2000, and shall continue in full force and effect until February 28, 2001, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement maybe extended for additional one- WOPSA 10/97 1 JD Engineering, Ltd. 1�, Corporate Office _ 6050 Greenwood Plaza Blvd, Suite 100 , Greenwood Village, Colorado 80111 (303) 713-9300 • FAX (303) 713-9399 www lreng coin CERTIFICATE OF AUTHORITY As of April 29, 1999, Terry R. Rodrigue holds the' position of Director of Operations, Ft Collins Office. In that capacity, he is authorized to sign proposals, contracts, agreements, purchase orders, lien waivers, and other appropriate documents on behalf of the Company. Corporate Seal 4935 North 30th Street 6020 Greenwood Plaza Blvd 2620 East Prospect Rd Suite 190 704 Fortino Blvd West Colorado Springs, Colorado 80919 Englewood, Colorado 80111 Fort Collins, Colorado 80525 Pueblo, Colorado 81008 (719) 593-2593 • FAX (719) 528-6613 (303) 740-9393 • FAX (303) 721-9019 (970) 491-9888 • FAX (970) 491-9984 (719) 583-2575 • FAX (719) 583-8119 year periods not to exceed four (4) additional one-year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider 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 Terry J Rodrigue, P E J R Engineering 2620 East Prospect Rd Suite 190 Fort Collins, CO 80525 City John Lang Engineering Dept City of Fort Collins P O, Box 580 Fort Collins, CO 80522 With copy to John Stephen, CPPB, Buyer City of Fort Collins Purchasing Division 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 6 Design Protect Insurance and Insurance Responsibility The Professional shall be responsible for the processional 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 WOPSA 10/97 2 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 $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 one (1) page, 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 protect representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the protect All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative 9 Protect Drawings Upon conclusion of the protect and before final payment, the Professional shall provide the City with reproducible drawings of the protect containing accurate information on the protect as constructed Drawings shall be of archival quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality WOPSA 10/97 3 reproduction 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 WOPSA 10/97 4 M 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 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 LawLaw/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 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. WOPSA 10/97 5 THE CITY OF FORT COLLINS, COLORADO By 1 John VFischbach City Manager By—Q Jafnes B O'Neill II, CPPO Direct of Purchasing & Risk Management h ,r Date >``ATTES 4 ,�"4City Clerk``." IPROVED AS TO FORM ",/Assistant.City Attorney ` J R ENGINEERING)L�LG By Title URGE PisIbtDVr CORPORATE PAR VICE PRESIDENT Date z-ty -oZ) ATTEST (Corporate Seal) Corporate Secretary WOPSA 10/97 EXHIBIT "A" WORK ORDER. FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED Work Order Number Purchase Order Number Protect Title Commencement Date Completion Date Maximum Fee (time and reimbursable direct costs) Protect Description Scope of Services Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the Perms 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 Professional By Date WOPSA 10/97 User The attached forms consisting of (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given City of Fort Collins By Date 1 M �, , EXHIBIT B JR ENGINEERING HOURLY RATES Director of Operations Senior Protect Manager Protect Manager Senior Protect Engineer/Designer Protect Engineer/Designer Protect Surveyor . . Design Engineer II/Designer II Surveyor II ,. Design Engineer I/Designer I/Surveyor 1 Engineering Assistant II/Survey Assistant Illfechnician II Engineering Assistant I/Survey Assistant I/Technician I Clerical Field Crew (2 Person) Direct Expenses GPS Equipment (each) Mileage Copy (8 iz " x 11 ") Print (24" x 36") Mylar Sepia (24" x 36") $105 00 $ 92 00 $ 84.00 $ 75 00 $ 72 00 $6600 $ 64 00 $ 58 00 $5800 $5200 $ 42 00 $ 36 00 $ 96 00 $25 00 / hour $0 40 / mile $0 15 / copy $1 50 / sheet $12 00 / sheet J EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section 1 Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant" except as otherwise expressly described in Section 2, below "Year 2000 Compliant" Shall mean that information resources meet the following criteria a Data structures (e g , databases, data files) provide 4-digit date century recognition For example, 1996" provides date century recognition, "96" does not b Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates c Calculations and programs logic accommodate both same century and multi - century formulas and date values Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values d Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system User interfaces (i e , screens, reports, etc ) accurately show 4 digit years Year 2000 is correctly treated as a leap year within all calculation and calendar logic Section 2 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement Section 3 Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement Section 4 The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, ansing out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant WOPSA 10/97