HomeMy WebLinkAboutVALUE CONSULTANTS - CONTRACT - CONTRACT - VALUE CONSULTANTSCity of Fort Collins
Admit 1rative Services
Purchasing Division
LETTER OF TRANSMITTAL
To: Carrie Daggett, Assistant City Attorney
John Fischbach, City Manager
Wanda Krajicek, City Clerk
From: James B. O'Neill II, CPPO%
Director of Purchasing & Risagement
Date: January 4, 2000
Re: Value Consultants, Inc.
Attached find four (4) sets of contract documents regarding the above -mentioned matter.
Would you approve as to form and forward to the City Manager for signature.
The vender received the award through the normal RFP process.
John, please forward to the City Clerk after you sign the agreement.
Wanda, please call Purchasing, Jim will come over, sign the contracts and have you attest his
signature. Would you call Purchasing when that is completed.
Thank you.
256 W. Mountain Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
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 VALUE CONSULTANTS, INC., 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 appraisals for 26 properties,
providing three (3) copies of each report and expert witness testimony as needed for said
properties.
2. 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 April 26, 2000. Time is of the essence. Any
extensions of the time limit set forth above must be agreed upon in writing by the parties hereto.
3. 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:
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Professional:
Copy:
With Copy to:
Beverly S. Phillips, MA, SRA
Ron Mills
James B. O'Neill II, CPPO
Value Consultants, Inc.
Land Office Manager
Director of Purchasing and
8439 North Delbert Road
City of Fort Collins
Risk Management
Parker, CO 80138
P O Box 580
City of Fort Collins
Fort Collins, CO 80522
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.
4. Design, ftject. 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 $1Mpo.oci-(z� .
5. 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
according to Exhibit'W', consisting of one (1) page, attached hereto and incorporated herein by
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this reference. with maximum compensation (for both Professional's time and reimbursable direct
costs) not to exceed Fifty-nine Thousand Dollars ($59,000). Monthly partial payments based upon
the Professional's billings and itemized statements of reimbursable direct costs 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 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.
6. 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.
7. Monthly Repo . 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.
8. 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.
9. 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
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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.
10. 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.
11. 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.
12. 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.
13. 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.
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14. 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.
15. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) page,
attached hereto and incorporated herein by this reference.
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THE CITY OF FORTICO/LLINS', C/O� LORADO
John . Fischbach
City Manager
By: P':� 0 E—
J es B. O'Neilf II, CPPO
Directo of Purchasing & Risk Management
DATE:/OS�200a
44��
City Clerk
APPROVED AS TO FORM:
0— � /
Assistant City Attorn
VALU
1-3
CONSULTANTS, INC.
Date: I —
ATTEST:
Corporate Secretary
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TE PRESIDENT OR VICE PRESIDENT
(Corporate Seal)
EXHIBIT A
PROPOSAL COST SHEET
Supply the fees for the following:
Provide Summary Appraisal Reports - Complete Appraisals for twenty-six (26) parcels:
Fifty -Nine TI-DusandDollars($54,000 ).
2. Reimbursable costs for this roject:
None - not it nsible forDiS
cost -to -cure e bi S ycan tractor )Providing the
3. Tota osor this project (not -to -exceed total):
Fifty -Nine TYDu;and Dollars ($ 59, 000 )
4. Additional costs to fixed -fee agreement for preR�,�gv�ert testimony, if
requested. These services will be provided at Dollars ($150.00FOR PREP.
TESTIMONY ONLY_) per hour. The qualified appraiser who will be providing these services, if requested
AT $1,750/day is: Beverlev S. Phill* os MI, SRA
or $875/Yalf
day
Hourly personnel costs identified by project team:
a. Beverley S. Phillips - $150
b. Harold McCloud - $100
C. David Kilty - $100
d erica -
e ese3rc -
f.
9.
h.
EXHIBIT B
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
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
attomeys fees, arising out of or resulting from the Contractor's information resources or
systems that are not Year 2000 Compliant.
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