HomeMy WebLinkAbout280698 NORTH STAR DESIGN AND 214608 PBS&J - CONTRACT - RFP - P884 CIVIL ENGINEERING ANNUAL (2)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 North Star Design, Inc., 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 project Work Orders for P-884 Civil Engineering Annual, 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. The City reserves
the right to independently bid any project rather than issuing a Work Order to 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 signing, and shall
continue in full force and effect until May 1, 2004, unless sooner terminated as herein provided.
In addition, at the option of the 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
WOPSA 05/01 1
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:
North Star Design
700 Automation Drive, Unit I
Windsor, CO 80550
Attn: Patricia Kroetch, PE
City
City of Fort Collins,
Purchasing
P.O. Box 580
Ft. Collins, CO 80522
Attn: John Stephen
With copy to
City of Fort Collins, Engineering
P.O. Box 580
Ft. Collins, CO 80522
Attn: John Lang
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, Proiect 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 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
WOPSA 05/01 2
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. 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
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 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
WOPSA 05/01 3
0
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 .
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
WOPSA 05/01
4
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. 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.
WOPSA 05/01 5
THE CITY OF FORT COLLINS, COLORADO
By: ( �P
Johrf,F. Fischbach
C Manager
By: IC3
Ja es B. O'Neill II, CPPO, FNIGP
ector of Purchasing & Risk Management
Date: 5 / L 1 1 63
ATTEST:
%4"I�/�
�T`�S
City Clerk ?,,7 4i
APPROf S T FORT:
Assista0Zity Attorney
North StaPe Sian. Inc.
0
Title: ( eh t5
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:�p�
ATTEST:
Corporate Secretary
WOPSA 05/01 6
(Corporate Seal)
'tip; �T • P�Y�
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 costs
Project
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:
Date:
The attached forms consisting of — ( ) pages
are hereby accepted and incorporated herein, by
woeSA 05/01 1
Description:
User
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
Date:
By:
Director of Purchasing and Risk Management
(over $30,000.00)
Date:
North Star
`., design, inc.
EXHIBIT B
PROJECT TEAM
SCHEDULE OF RATES
City of Fort Collins RFP P-884
2003 Civil Engineering Design, Drafting and Surveying Services
ENGINEERING HOURLY RATE
Project Manager $85
Project Engineer / Project Designer $67
Design Engineer / Technician $55
Clerical $37
SURVEYING HOURLY RATE
Registered Land Surveyor
$64
Surveying Technician I
$52
Surveying Technician Il
$42
Surveying Technician I1I
$37
Crew Rate (3 person)
$130
Crew Rate (2 person)
$105
GPS Receivers (each)
$40
Draftsman (CAD Technician I)
$52
Draftsman (CAD Technician 1I)
$42
Draftsman (CAD Technician I11)
$37
DIRECT EXPENSES
Mileage:
Standard Vehicle
$0.35 / Mile
4-Wheel Drive
$0.48 / Mile
Prints:
18"x24"
$1.50 / Sheet
24"x36"
$2.00 / Sheet
Mylar Sepia
24" X 36"
$10.00/Sheet
Copies:
8 % x I I"
$0.15/copy
8 % x 14"
$0.20/copy
11 x 17"
$0.25/copy
700 Automation Drive, Unit I Windsor, Colorado 80550
970-686-6939 Phone • 970-686.1188 Fax
05-23-93 14:34 FLOOD & PETERSON
uienw: 4105 IVUKUt .. rd i i d 1
ACORDTv CERTIFICATE OF LIABILITY INSURANCE 5DATE
/23103 IMMOVIYYYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4821 Wheaton Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P O COX 270370
Fort Collins, CO 80527
North Star Designs, Inc
700 Automation Drive, Unit I
Windsor, CO 80550
nnvcown,�n
INSURERS AFFORDING COVERAGE
INSURER A: The Hartford Insurance
INSURER C:
INSURER D:
NAIC #
THE POLICIES OF INSURA14CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSION$ AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
1w Am
L R
MW
TYPE OF INSURANCE
POLICY NUMBER
F I= FFECTIVE
DATE(MM/DDrYYI
POLICY EXPIRA 10
IDATF MMIDOIYY
LIMITS
A
GENERAL
X
UASILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE O OCCUR
348BANF8434
04113103
04/13/04
EACH OCCURRENCE
$500 000
DAMAGE TOERENTED
$5O ODD
MED EXP (Any on* pmon)
$5 000
PERSONAL &ADV INJURY
$500 000
GENERAL AGGREGATE
$1 000 000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY JEl T LOG
PRODUCTS-COMP/QP AGG
$1 OOO OOO
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUT03
NON -OWNED AI ITQS
COMBINED SINGLE LIMIT
(Ea warden!)
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Pm ngridr,A)
$
,...
PROPF.RTYDAMAGZ
(Pereccldent)
$
GARAGE LIABILITY
]7VAIITO
AUTO ONLY. EA ACCIDENT
$
OTHER TKAIJ to ACC
AUTO ONLY:
AGG
$
A
$
EXCESSJUMBRELLA 1 BIrYCL LAIMIMS MADE
X OCCUR C
DEDUCTIBLE
X RETENTION $ 10000
34SRANF8434
04/13/03
_._
0411
EACIIOCCURRENCE
s4,000,000
_3/O4
AGGREGAIE
$4 000 000
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPMETOILPARTNEPJEXECU HVt
OFFIC,FRMIFMDER EXCLUDED?
If ye9, describe under
SPFOIAt PROVISIONS below
OTHER "'
_„_
WOSTATU- OTH.
TORY LIMIT.
E.L. LACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
'-
$
E.L. DISEASE -POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER __... _._ ..
City of Fort Collins -Purchasing
Attn: Jan
P.O. Box 580
Fort Collins, CO 80522-0580
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30-_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED
ACORD 25 (2001/08) 1 of 2 #S248294/M244718
AZS 0 ACORD CORPORATION 1988