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HomeMy WebLinkAboutWORK ORDER - CONTRACT - 5560 TRAFFIC ENGINEERING STUDY US 85 HWY 34 FEASIBILITY STUDYX,. ,O,RA 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 FELSBURG HOLT & ULLEVIG, 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 Garden City Transportation Analysis and Feasibility Study/Conceptual Design US 2871 SH 56 , issued by the City A blank sample of a work order is attached hereto as Exhibit'W', 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 tot the Professional for the same 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 upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until December 31, 2000, unless sooner terminated as herein provided. In addition, at the option of the WOPSA 10/97 City, the Agreement may be extended for additional one year periods not to exceed four (41) i 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 Early Termination by Q!U/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 l provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address Professional Robert W Felsburg Felsburg Holt & Ullevig 7951 E Maplewood Ave Enclewood. CO 80111 With copy to James B O'Neill 11, CPPO Director of Purchasing and Risk Management City of Fort Collins P O Box 580 i Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services City Suzette Thieman Transportation Plannng City of Fort Collins P 0 Box 580 Fort Collins, CO 80522 prior to the date of termination subject only to the satisfactory performance of the obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6 DesignProiect Insurance and Insurance Responsibility The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all specifications, wopsA 10/97 rendered by the Professional, including but not limited to designs, plans, reports, and drawings and shall, without additional compensation, promptly remedy and I PA 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 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 perfo Imance of any of the services furnished under this Agreement. The Professional shall I 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 ent, the City agrees to pay Professional on a time and reimbursable direct cost baI sis ted 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 i 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 complleting 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 i 8 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 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 9 Proiect Drawings Upon conclusion of the project and before final payment, ,the Professional shall provide the City with reproducible drawings of the project containing accurate WOP�SA 10/97 3 on the protect as constructed Drawings shall be of archival quality, prepared an stable mylar � base material using a non -fading process to prove for long storage and high quality 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 Repr Isentative with a written report of the status of the work with respect to the Work Order, Work 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 Inot be responsible for withholding any portion of Professional's compensation hereunder for ;the 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 sibilities nor delegate any duties arising under this Agreement without the prior written of the City 13 Acce tance 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 elemI ent of this Agreement. In the event either party should fad or refuse to perform according to i I WOPISA 10/97 4 I the terms of this agreement, such party may be declared in default 15 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 rema'ns 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 parry commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the ,ilting party for the non -defaulting party's reasonable attorney fees and costs incur lred 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, and assigns and shall inure to the benefit of the respective survivors,, heirs personal entatives, successors and assigns of said parties 17 1 aw/Severabdity 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 gne q, g John Ftschbach Ct77, er � ,\ By `JCS Jaimes/B O'Neill il, CPPO Director of Purchasing & Risk Management Date A T na f1 9 City Clerk APPROVED AS TO FORM Assistant City Attorney I� WOPSA 10/97 �11' �J SRt 1RG HOLT & ULLEVIG PORATE PRESIDENT OR VICE PRESIDENT (Corporate Seal)