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Home My WebLink About320621 ECOLOGICAL RESOURCE CONSULTANTS - CONTRACT - RFP - P925 WETLAND RESTORATION AT UDALL NATRUAL AREAPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into April 28, 2004, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Ecological Resource Consultants, 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-925 Wetland Restoration at Udall Natural Area, 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. 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, 2005, 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 two (2) 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 1 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND ECOLOGICAL RESOURCE CONSULTANTS, INC. DATED: April 28,200 Work Order Number: 001-04 Purchase Order Number: Project Title: Wetland Restoration at Udall Natural Area Commencement Date: Upon signing of Agreement Completion Date: October 29, 2004 Maximum Fee: (time and reimbursable direct costs): $110,593.15 Project Description: Udall Wetland Restoration Scope of Services: See Attached 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. Ecological Resource Consultants, Inc. Date: User The attached forms consisting of five (5) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. City of Fort Collins 0 Jame B. O'Nei[FII, CPPO, FNIGP C!ire for of Purchasing and Risk nagement (over $ 0,000.00) Date: 7 L AL Ecological Resource Consultants, Inc. 4920 Tesla Court —Boulder, Colorado-80301-720.564.0788 MEMO To: Rick Bachand From: Dave Blauch Date: April 20, 2004 (Revised 4/22/04) RE: Udall Design Recommendations -Cost Estimate ERC has further reviewed design alternatives for the Udall Restoration Project and have developed the following plan outline and associated cost estimate. A few of the item costs vary from the original cost estimate based on design revisions and plant availability as previously discussed. Alternative planting densities can implemented depending on your available budget. Please review and provide any comment. Upon your approval, we will need to finalize contracts. We are scheduling to initiate construction/planting on May 3, 2004. The following summarizes key design elements: The existing wetland outfall structure will be utilized to set the maximum pool elevation. A new steel gate will be constructed and set to maintain a constant water surface elevation at approximately 35.0. This elevation (35.0) is at the existing pipe invert of the Basin #2 outfall. This elevation will not create a submerged pipe or backwater condition and will result in the least amount of wetland bottom grade change. Exact final elevation of the wetland outfall will be determined upon final grade verification. 2. The wetland will be regraded, creating an average bottom elevation of approximately 34.75 (varying from 35.0 to 34.5). Grading will also eradicate all non -desired vegetation and create an ideal water surface elevation for a diverse wetland habitat (water depths on average 3" and less). 3. Regrading the wetland may generate 200-250 cubic yards of spoil which will require removal from the site. The City has expressed a need for the spoil. The earthwork cost estimate includes the stockpiling of spoil material in a pre -approved onsite area for removal by the City. Any disturbed soils will be reseeded and mulched by ERC. 4. Upon final grading and soil prep (tilling) the entire wetland area will be broadcast seeded with the seed mix provided in Table 2. 5. The entire wetland area will be planted with a variety of native wetland plant species listed in Table 2. Plants will be supplied in 10 cubic inch cones (except for Eleocharis palustris supplied in 2.5" pots) and planted approximately 1.3' on -center spacing These species have been selected based upon the wetland hydrologic regime, soil condition and commercial availability for delivery by May 3, 2004. Shrubs (5-gallon pots) will be installed in random clusters around the wetland perimeter and on the upland islands as field staked by ERC. 6. Wildlife protection of new plant material is highly recommended. The fence will consist of 2- wire strands, one at 10" above the ground and the second at 20" above the ground surrounding the entire perimeter of the wetland. The wire will be supported by T-posts on 15' spacing. Reflective tape will be attached to the wire. A wire strand will be placed across the wetland (above the vegetation) spaced approximately 50' apart also with reflective tape attached. The fencing should only be required for the first full growing season and then will be removed. 7. Explanation of Cost Estimate for Construction Services, Notes and Assumptions Earthwork costs include labor, equipment and equipment transportation. Earthwork may generate upwards of 200-250 cubic yards of spoil which will require removal from the site. The earthwork cost estimate will stockpile spoil material at a pre -approved location for removal by the City. Broadcast Seeding includes spreading of seed and hand -raking in 2-directions. Mobilization/Demobilization includes: o One roundtrip for semi truck with equipment transportation and load/unload o Transportation time for labor to site 1-way per day o One -ton work truck per day, including driver o Construction Administration o Equipment use, cleanup, site management o Unload plant material on site and maintain during planting Construction setup/control will include ERC's time and expense for complete project oversight, grade control, field staking, design modifications, selection and coordination of plant material, plant material locates, final inspection and as -built documentation. 2004 Monitoring and Maintenance Contingency (25%=$22,118.63) is to be used on an as - needed basis only with prior approval from the City. ERC will perform monthly monitoring of the wetland site to evaluate the progress of development. ERC will supply a brief memo of recommended maintenance or remediation accompanied with a cost estimate. The City will then have the option to complete the recommendation or negotiate a contract agreement for ERC to complete the recommendations. ERC will complete the monthly monitoring, once per month during the 2004 growing season, beginning at the end of May and ending in October. Each monitoring session will be conducted for a rate of $1,000 for a total of $6,000.00. During each monthly monitoring session ERC will document plant development, note weed development, provide minor weed eradication, perform minor repairs and water shrubs. A memo will be submitted to the City monthly 2 providing a brief summary of current wetland conditions, recommended maintenance/remediation and photo documentation along with any required cost estimates. This cost estimate does not include; Davis Bacon Wages, certified payroll requirements, performance or payment bond, application or permit fees. Cost Estimate ERC will complete the restoration implementation of the Udall project on a per item lump sum basis not to exceed $88,474.52. Monitoring during the 2004 growing season will also be completed on a lump sum basis for an additional $6,000.00. Maintenance will be provided on an as needed and pre -approved budget to be determined. A breakout of construction costs are provided in Table 1. ERC will be the primary point of contact, coordinate all efforts and provide project invoicing. It is ERC's intent that this cost estimate will completely cover all expenses associated with the scope of work. Should existing site conditions and/or scope of work vary from the conditions and information used to develop this budget, the client will be notified of the additional, estimated cost required to complete the project. Monthly invoices will be submitted throughout the term of the project that describes the professional services rendered. The invoice amount for each month will be based upon the percent complete of each item. There will be a 3 percent finance charge per month compounded monthly on any portion of an account that becomes overdue. Accounts are considered overdue if payment is not received within 30 days of the invoice date. We trust the above scope of work and method of compensation are satisfactory and look forward to your authorization of this project by signing below. Also a Professional Services Agreement Work Order Type from the City will be required. If you should require any further information at this time or have any questions regarding this proposal, please do not hesitate to contact me. Sincerely, Ecological Resource Consultants, Inc. David J. Blauch V.P., Senior Ecologist ACCEPTED BY: Title Date 3 Table 1. Cost Estimate for Construction Services Udall Wetland -Revised 4/22/04 Item Unit Quantity Unit Cost Item Cost Soil Prep -till Acre 2 $ 75.00 $ 150.00 Earthwork CY 1000 $ 6.66 $ 6,660.00 Broadcast Seeding acre 2 $ 311.00 $ 622.00 Upland Disturbance Restoration Lump Sum 1 $ 1,500.00 $ 1,500.00 Seed Mix Lump Sum 1 $ 1,500.00 $ 1,500.00 Plant Material 10cc Lump Sum 44068 varies $.68-.80 $ 30,326.24 Outfall Modification Lump Sum 1 $ 1,500.00 $ 1,500.00 Plant Material Delivery Lump Sum 1 $ 1,400.00 $ 1,400.00 Plant Material Install Each 44068 $ 0.46 $ 20,271.28 Mobilization/Demobilization Lump Sum 1 $ 5,245.00 $ 5,245.00 Wildlife Fencing Lump Sum 1 $ 3,000.00 $ 3,000.00 Construction setup/control Lump Sum 1 $ 10,000.00 $ 10,000.00 Construction BMP's and Water Control Lump Sum 1 $ 1,500.00 $ 1,500.00 Shrubs #5-Wetland Perimeter installed Each 100 $ 32.00 $ 3,200.00 Shrubs #5-U land Islands Installed Each 50 $ 32.00 $ 1,600.00 Sub Total $ 88,474.52 Contingency 2004 Monitoring and Maintenance 25% of Construction Total 2004 Monthly Monitoring by ERC Each 6 $ 1,000.00 $ 6,000.00 Maintance and Remediation As -Needed $ 16,118.63 Not -To -Exceed Total $ 110,593.15 Table 2. Udall Wetland Revised.Species List and Quantities Revised 4/22104 Approx. Quantity Scientific Name Common Name 10 cc Wetland Plants Eleocharis palustris creeping spikerush 3,000 (2.5"pots) Schoenoplectus tabernaemontani softstem bulrush 6,168 Carex aquatilis water sedge 15,000 Carex nebrascensis Nebraska sedge 10,000 Juncus articus Artic rush 4,000 Juncus tenuis slender rush 2,000 Glyceria striata mannagrass 1,300 Beckmania syzigachne slough grass 1,100 Schoenoplectus pungens American threesquare 1,500 44,068 Shrubs (Wetland perimeter and upland Islands) Acer glabrum Rocky Mountain Maple 25 Prunus americana American Plum 35 Prunus virginiana chokecherry, 45 Salix exigua coyote willow 45 `Final species and quantity will be based on availability 150 Seed Mix Ibs/PLS Beckmania Syzigachne sloughgrass 2 Deschampsia cespitosa haigrass 1 Elymus canadensis Canadian wildrye 10 Eleocharis palustris creeping spikerush 4 Glyceria grandis American mannagrass 12 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: City With copy to Ecological Resource City of Fort Collins, Natural City of Fort Collins, Purchasing Consultants, Inc. Resources P.O. Box 580 5672 Juhls Drive P.O. Box 580 Ft. Collins, CO 80522 Boulder, CO 80301 Ft. Collins, CO 80522 Attn: John Stephen Attn: David Blauch 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. 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 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 2 shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount ofxx ood 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 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 3 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 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. s THE CITY OF FORT COLLINS, COLORADO By: John F. Fi bath i jM�ana er By /- �t es B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Date A ST .. City Clerk APPROVED TO FOR : e� /ID.LI Assistanf Clfy Attorney 5�'l3 -6 Ecological Resource Consultants, Inc. Bsr Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATT T: (Corporate Seal) r r S re ary 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 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 0-2 User The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by 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: N EXHIBIT B Ecological Resource Consultants, Inc. 5672 Juhls Drive —Boulder, Colorado-80301-720.564.0788 2004 Rate Sheet Professional Services Senior Ecologist.........................................$80.00 per hour Senior Water Resource Engineer .....................$80.00 per hour Field Technician..................................................... $45.00 per hour Expenses Mileage..................................................$0.365 per mile Plots (B&W or Color, 24"x36")..................... $6.00 per sheet *Additional direct project expenses at cost •# 5/4/2004 09:59 Van Gilder Insurance Corp. Brenda Price -►John Stephen, Purchasing Divis 2/2 ACORD„, CERTIFICATE OF LIABILITY INSURANCE 05/04/04 DATE(MMMD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Van Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 Broadway, Suite 1000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Denver CO 80203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 303 837-8500 INSURED Ecological Resource Consultants, Inc. 23979 HIGH MEADOW DR GOLDEN, CO 80401 rnveoAnre INSURERS AFFORDING COVERAGE INSURERA. Hartford Insurance (Service Center) INSURERS. Hartford Insurance (Service Center) INSURER c: Gulf Insurance Group INSURER D: INSURER I. THE POLICIES OF INSURANCE 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN —SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE M/DD/Y 12/01/03 POLICY EXPIRATION 12/01/04 LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [A] OCCUR 34SBAKV6713 EACH OCCURRENCE $1 000 000 FIRE DAMAGE (Any on, fine) $300000 MEO EXP (Any we parson) $1 O 000 PERSONAL & ADV INJURY $1 OOO OOO GENERALAGGREGATE $2 000 000 GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY PROECj LOC PRODUCTS -COMP/OP AGO $2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OW NED AUTOS DULED AUTOS D AUTOS OWNED AUTOS 34SBAKV6713 12/01/03 12/01/04 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ 4GARAGELIABILRY PROPERTY DAMAGE (Per accident) $ A B C UTO EXCESS LIABILITY X OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION $10000 WORKERS COMPENSATION AND EMPLOYERS' LIABLITY OTHER Professional lability 34SBAKV6713 34WEGKC2901 GU7121586 12/01/03 05/09/04 12/01/03 :72,000,000 12/01/04 05/09/05 12/01/04 AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO EACH OCCURRENCE $ $ $3000000 AGGREGATE $3 OOO OOO WC STATU. X OTH- I $ E.L. EACH ACCIDENT $100000 E.L. DISEASE -EA EMPLOYEE $100,000 E.L. DISEASE -POLICY LIMIT 1,000,000 Ea. Claim Aggregate $500 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPE CIAL PROVISIONS CERTIFICATE H1nl nFR ...e...,.... _.......__ _._..___-- _. _...__.. City of Fort Collins, Attn: John Stephen, Purchasing Division 215 N. Mason Street, 2nd Floor P.O. BOX 580 Fort Collins, CO 80522 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30DAYS WRITTEN NOTICE TOTH E CERTIFICATE HOLDER NAMED TO THE LEFT, B UTFALURE TO D O SO SHALL IM POS E NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURE I ITS AGENTS OR REPRESENTATIVE ACORD 25-S (7/97)1 of 1 itS't57Rn7IIU1'ts7R1ka .a v IIWM ILOO