HomeMy WebLinkAbout112468 FELSBURG HOLT & ULLEVIG INC - CONTRACT - RFP - P736 TRANSPORATION ANALYSISTHIS 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. Scone of Services. The Professional agrees to provide services in accordance with
any project Work Orders for Garden City Transportation Analysis and Feasibility Study/Conceptual
Design US 287/ SH 56 , 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 project 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
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City, the Agreement may be extended for additional one 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:
Robert W. Felsburg
Felsburg Holt & Ullevig
7951 E Maplewood Ave
Englewood, CO 80111
City
Suzette Thieman
Transportation Planning
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
With copy to
James B. O'Neill II, CPPO
Director of Purchasing
and Risk Management
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.
6. Design, Project Insurance 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
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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,
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
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.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
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information on the project 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
reproduction.
10. Monthly Repo . 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
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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
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. Bonding _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. Law/Severability. The laws of the State of Colorado shall govem 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.
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THE CITY OFnFORT
/�COLLINS, COLORADO
By: l� e +. 0{,
John PJ. Fischbach
Cit
By:
Jai a B. O'Neill II, CPPO
Director of urchasing & Risk Management
Date: _ [ ZI) /-LDO -�>
�l � �►:. `a
APPROVED AS TO FORM:
Assistant City Attorney
FELSBURG HOLT & ULLEVIG
By: S" W . �� L
Title: V/ / st r
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: / / ZZ /oc,
(Corporate Seal)
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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms 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:
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User
The attached forms consisting of - U pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
Exhibit "B"
Principal in Charge $125/hr
Project Manager $ 55 to $ 90/hr
Engineer $ 55/hr
Technician/clerical $ 45/hr
Intern $ 10/hr
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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.
e. 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
Section2. 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, arising out of or resulting from the Contractor's information resources or
systems that are not Year 2000 Compliant.
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