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HomeMy WebLinkAbout263866 RICHARD SMART - CONTRACT - CONTRACT - RICHARD SMART SOLDIER CANYON DAMPROFESSIONAL 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 G. RICHARD SMART, an individual, 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: 1. 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, 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 two (2) pages, and incorporated herein by this reference. 3 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 May 31, 2003. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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 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: Professional: G. Richard Smart P. O. Box 1091 Fort Collins, CO 80522 Brian Janonis, Manager City of Fort Collins Utilities P. O. Box 580 Fort Collins, CO 80522 With Copy to: Opal F. Dick, CPPO, Sr. Buyer Utilities/Purchasing City of Fort Collins 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. 5. 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, 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. 6. 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 Thirteen Thousand Eight Hundred Dollars ($13,800.00) including reimbursable direct costs. 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 City's approval of the Professional's 2 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. 7. 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. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with drawings of the project containing accurate information on the project.. 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 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. 3 12. 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 Citys 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 fees 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, 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. 0 THE CITY OF FORT COLLINS, COLORAADDO By: �J k J mes B. O'Neill II, CPPO, FNIGP DiredtQr,6f Purchasing & Risk Management DATE: G. RICHARD SMART j &4w,;� Title: 4*d&d Date: 2- //- 20 0 Z- Exhibit A SCOPE OF SERVICES INTRODUCTION: The City of Fort Collins is interested in adding additional resources to its renewable energy portfolio. One method for doing this is to develop a small hydroelectric site. The utility currently serves approximately 47,133 electric customers. Annual energy use is about 1,076,169 MWH with a peak demand in summer of approximately 220.8 MW. Annual revenues from the sale of electrical energy during the year 2000 were $54,855,000. Several potential small hydro sites were evaluated. Selection of the following site was based on the following criteria: • Use of an existing structure or a run of the river project to minimize adverse impacts to the environment. • Consider a site with a generating potential between 200 kW and 2,000 kW. • Select a site, preferably, near the Fort Collins distribution system or a PRPA line - to simplify wheeling arrangements. • A site with cost estimates compatible to the existing wind program: 2.0 - 5.0 c/kWh. SECTION 1 - Description of the Site The following site meets the selection criteria and is part of the Bureau of Reclamation, Colorado Big -Thompson project. This site is located at an existing dam that has not been developed for hydroelectric power. A previous evaluation determined this site to be favorable for development. Recent discussions with manufacturers of small hydroelectric equipment suggest the costs for developing this site may be less than previously estimated. Soldier Canyon Dam: Soldier Canyon Dam is one of six (6) impoundment structures that form Horsetooth Reservoir just west of Fort Collins, Colorado. This dam includes an outlet works that delivers raw water to the Fort Collins treatment plant - just east of the toe of the dam. Year round flows range from 15 to 30 cfs with an effective head of 140-175 feet. It is estimated that a 300-kW unit at this site would produce approximately 1,280 MWH of energy per year at an estimated cost of about 35 mils per kWh. SECTION 2 - Site Evaluation and Preliminary Design This site was previously evaluated for small hydroelectric development. Although the evaluation was generally positive, to date no hydroelectric facilities have been added. This proposal is for an engineering team from Colorado State University to update the earlier assessment and develop a preliminary plant design and cost estimate. This work would become a senior engineering design project. SECTION 3 - Preliminary Permits and FERC Licensing The Federal Energy Regulatory Commission (FERC) has jurisdiction over most hydroelectric projects in the United States. Although not required for a license application, a preliminary permit secures a priority position for the applicant. They are issued for a period of three (3) years while the feasibility of a project is evaluated. This site would appear to qualify for an exemption from licensing. An exemption significantly reduces the licensing and review process. Exemptions are issued in perpetuity by FERC. SECTION 4 - Proposed Project Schedule(s) The enclosed project schedule(s) cover Spring 2002 and the 2002-2003 academic year. An application for a preliminary permit would be developed and filed with the Federal Energy Regulatory Commission (FERC) this Spring. The senior engineering design team would begin work in August 2002 and complete a site assessment and preliminary design by May 2003. The work would include a final report and formal presentation. SECTION 5 - Proposed Project Budget The enclosed project budget outlines the project costs. These include (1) developing and filing an application for a preliminary permit with the Federal Energy Regulatory Commission (FERC), and (2) coordinating a site assessment and preliminary design with a senior engineering design team from Colorado State University. Exhibit B Exhibit B-1 Project Schedule: Soldier Canyon Dam Small Hvdroelectric Site Soldier Canyon Dam Hydroelectric Project: Preliminary Permit Development Dates Activity February 2002 Site Visit - Data and Drawing Collection March 2002 Review - Draft Permit Application April 2002 Review - Final Application and Cover Letter May 2002 File - Permit Application PSA 05/01 Exhibit B-2 Project Schedule: Soldier Canyon Dam Small Hydroelectric Site Soldier Canyon Dam Hydroelectric Project: Site Assessment and Preliminary Design Dates Activity August 2002 Present - Project to Senior Design Teams September 2002 - October 2002 Student Site Visits, Data Collection and Literature Review November 2002 Site Assessment, Equipment Selection and Initial Design December 2002 Complete Initial Design - Presentation to Client January 2003 - March 2003 Detailed Design and Preliminary Cost Estimates April 2003 Complete - Final Design and Cost Estimates May 2003 Final Report - Presentation to Client PSA 05101