HomeMy WebLinkAbout197877 L S A ASSOCIATES - CONTRACT - CONTRACT - LSA CONTRACTPROFESSIONAL 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 LSA Associates, 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) pages, and incorporated
herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within fifteen (15) days following execution of this
Agreement. Services shall be completed no later than December 31, 2004. 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:
Professional: City: With Copy to:
LSA Associates City of Fort Collins, Mark Jackson City of Fort Collins, Purchasing
132 W. Mountain Ave. Transportation Planning PO Box 580
Ft Collins, CO 80524 PO Box 580 Ft Collins, CO 80522
Fort Collins, CO 80522
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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, 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, 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 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.
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 the following schedule:
Hourly billing rates: $ 160.00 Ray Moe, Managing Principal
$ 125.00 Everett Bacon, Senior Manager
$ 80.00 Sean Mc Atee, Transportation Engineer
$ 40.00 Todd Lyon, Research Assistant
Reimbursable direct costs: as billed
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
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exceed Fifteen Thousand Dollars ($15,000). 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. Project Drawings. (Optional] 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.
8. 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.
9. 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.
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10. 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.
11. 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.
12. 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.
13. 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.
14. 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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15. 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.
THE CITY OF FORT COLLINS, COLORADO
By:*aes
R of U
O'Neill II, CPPO, FNIGP
Direasing & Risk Management
DATE:
LSA Associate Inc.
By:C//2% (L
Title: Ples;
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 11 �19ro�
ATTEST:
4, 4� (Corporate Seal)
Corporate Secrefdry
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SSA I
Mr. Mark. Jwdwon
Transportation Punning
City of.Fort Collins
215 N. Maser St,
Fort Collins, CA 00521
EXHIBIT "A"
s.a wYus:.rra, ++c, mm� e.nre»: sK. •,ca,.rt„e
Tag >rs+r aanxr.rr xve. n. 9i. 1974 nr. ..xaner uvamY.
rc. ww, n. aesev.a $nyr4 910491o.49i.1574 s+a ,..,.a •yea++
R& Scope of Servleea _. OnaCifl TraoaCAD Modaft Support and TcdUggal A.nblamae
Dour Mr. Jackson.:
to our now c es" aatioas, I son farwftni* a disposed scope of services for LSA to provide
o"all modeling, technical assinanco, end staff training for apphcation of the City°s TtansCAD rravct
demand model.
The City's TrmsCAD travel model has provided valuable infotmatinn to support. a variety of the City,$
depNftmM l toads mad applications. it is expected lbat the City will soon wish to replace the exiariag
"Version 10" modal with the TmrACAD travel model. recently updated by LSA Assoc tatee for Lite North
Fmot Range M PCJ (NFR MPD). Tbis updated regional modcl includes site soma capabilities as the model.
maintained by the City ofFott.. Collins, hrcludisg a Mork C l nice procedure and a relatively high level of
detail in and around Fort Collins. In addition, this model contains network updates that brim the base
Yew sp to 20W. Socioeconomic dab contained in due morsel was updated using Ccastww2000 and elate
employment rats. This model will be maintained by the MPst and made available for was by member
gwemmanta, including the City of Fort Collins.
The model. Produces forecasted. roodway Md& volumes and await ridership. IC can be awed to test a
variety of land, sea wonwim and trmwpartatdon investments for corridor ea d subarea studies. Travel &beds
assouistod with tridPic impacts at individual msee Ktiosw and trsvel.. patterns from selected developments
or locations can be tdarditled. The modal arm siw prorrosr routing IMINe w for planning: of
coniuuchclq and special everts. Air quality in4mis Otmspon nallon decisions can be deternme
fd using a
Pracass cotwistont wide that used by the state Air Pollution Control Division (APCD).
To cftidently muitxa the tmval morel ai an analysis mot, the city may wigs to retain on�stdd support from
LSA. LSA on provide support for the roosting City of Fort Collins travel model, as VintI as the updated
MPf3 mantel, tMder such an agreement, LSA will assiat with madet installation, apPticetion, wW
apaatlsrmt issues as they arise. LSA can provide training in the operation of the Tna sCAD software and
to tune of the trivet mwtels, to addition, L,SA touts provide or usual with specific modetarg services such as
tcatatg of band toe and Nun notwatk alternatives, analysis of model results, and preparation of
maps and graphics.
3LaWW46 1 tMrMYYaYba,. %'M w.. Yy I or+m.,
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hlr. Merin Jackson
CtCOW 24, 2003
Page 2
LSA will provi& dMe Savim on a time ail materiels beets. LSA'e Mandiml dillmg rmas are as follows:
I look forward to reviewaag this scope with you If you have any questions or "aim #ddwmW
infonwWoo, pleaso call me at 470494-156s,
Sincerely,
I.SA Associascs, tnc.
M,
Ray A. Moe
Ma mgrrt p45nsipal
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