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Home My WebLink About113618 AQUA ENGINEERING - CONTRACT - CONTRACT - 20102PROFESSIONAL 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 Aqua Engineering, 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: 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 upon signing of this Agreement. Services shall be completed no later than June 2, 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: PSA 05/01 2 Professional: City: With Copy to: Aqua Engineering, Inc. City of Fort Collins, Purchasing City of Fort Collins, 4803 Innovation Drive P.O. Box 580 Natural Resources Ft. Collins, CO 80525 Ft. Collins, CO 80522 P.O. Box 580 Attn: Amy Johnson, P.E. Attn: John Stephen Ft. Collins, CO 80522 Attn: Rick Bachand 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 a fixed fee not to exceed the amount of Ten Thousand Two Hundred Dollars ($10,200.00) which consists of Task 1. Preliminary Design - $4,700 and Task 2. Irrigation System Construction Documents - $5,500 plus reimbursable direct costs. Monthly partial payments based upon the Professional's billings and itemized statements are PSA 05/01 3 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 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. 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. 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 forthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 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 PSA 05/01 4 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. 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 PSA 05/01 5 shall not invalidate or render unenforceable any other provision of this Agreement. THE CITY OF FORT COLLINS, COLORADO By: C0 m B. O'Neill II, CPPO, FNIGP Directo o urchasing & Risk Management DATE: Aqua Engineering, Inc. By: Title: Pil-�ES/DiFiy CORPORATE PRESIDENT OR VICE PRESIDENT Date: 114A K 144 ?,cc ATTEST: (Corporate Seal) orporate Secretary J� �POAgp��?'2� O.`V® Q: SEAL. 1986 PSA 05/01 EXHIBIT A SCOPE -OF --WORK: It is our understanding that you are interested in developing temporary irrigation systems for three open space areas in Fort Collins including, Two Creeks, Kingfisher, and Legacy Park. These irrigation systems are intended to provide temporary irrigation water for the establishment of native vegetation at these sites, but are also envisioned to be used in the long term as other open space areas are re -vegetated. We propose to provide the following irrigation engineering services: TASK 1.0 Preliminary Design • Calculate estimated water requirements for each site based on assumed plantings • Determine a suitable irrigation strategy / schedule based on water availability and project requirements • Analyze water sources / water availability and conceptualize delivery infrastructure (POC or pump, piping to site, etc.) TASK 2.0 Irrigation System Construction and Layout Documents • Develop irrigation design and layout drawings for each site to include primary installation details • Determine pump requirements and specifications for a temporary trailer or skid mounted pump (make recommendations as to whether the City should rent or buy the necessary pumps) • Determine recommended equipment (piping, sprinklers, and valves) and present advantages and disadvantages for renting and purchasing the equipment • Provide contractor and supplier recommendations and assist the City in negotiations PSA 05/01 7