HomeMy WebLinkAbout101409 URS GREINER - CONTRACT - CONTRACT - 4405156PROFESSIONAL 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 URS^ hereinafter referred to as "Professional'.
ZP61-1-1 W ITNESSETH:
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 three (3) 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 three (3) days following execution of this
Agreement. Services shall be completed no later than September 10, 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:
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Professional:
City:
With Copy to:
U R S
City of Fort Collins, Purchasing
City of Fort Collins, Utilities
8181 E. Tufts Ave.
PO Box 580
Attn: Chris Cece
enver, CO 80237
Fort Collins, CO 80522
700 Wood Street
4u-6
Fort Collins, CO 80521
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 underthis 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.
5. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of One Thousand Nine
Hundred Eighty One Dollars and Fifty Cents ($1,981.50) which includes reimbursable direct costs.
All such fees and costs shall not exceed One Thousand Nine Hundred Eighty One Dollars and Fifty
Cents ($1,981.50). 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 hereto and
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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. 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.
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.
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
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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
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holding shall not invalidate or render unenforceable any other provision of this Agreement.
THE CITY OF FORT COLLINS, COLORADO
By: - J
V,
J mes B. O'Neill II, CPPO, FNIGP
DirectlUkf Purchasing & Risk Management
DATE:��
U RS ., -ah �. , a Al" 4d,, Ca,-O.'
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: D - AZ� "C �--
ATTEST:
(Corporate Seal)
Corporate Secretary
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5
EXHIBIT A
ZT1t.S Memorandum
To: Chris Cece, City of Fort Collins Utilities From: Andy Herb, URS
Office: Denver
Date: August 5, 2004
Subject: Scope of Work and Cost Estimate for Wetland Mapping at the Taft Hill
Detention Pond
At your request, I have prepared a scope of work and cost estimate to map the wetlands and
other waters at the Taft Hill Detention Pond for the City of Fort Collins (City). The project
involves the modification of an existing pond and the restoration of a reach of Spring Creek
SCOPE OF WORK
This scope of work identifies the tasks and work effort required to map wetlands and other
waters in the project area. The tasks to be conducted are as follows:
Literature Review/Coordination: Prior to performing a site visit, data will be collected
from the City regarding potential wetlands and other waters present within the project area
This includes a review of aerial photos, wetland maps created by others, and other available
resources. This task also includes minor coordination with the City.
Field Visit: A field visit will be performed to map wetlands and other waters on 1-inch
equals 200-foot (or similar) project maps. Wetlands will be identified based only on the
presence of wetland vegetation and wetland hydrology (assuming the presence of hydric
soils). The data collected will be adequate to create a complete wetland map that can be used
for planning purposes, but will not be appropriate for Section 404 permitting. If any of the
wetlands and other water; within the project area will be impacted by the project, a formal
wetland delineation will be required.
Map Production: After the field visit is completed, a map showing the exact location and
size of all wetlands and other waters will be prepared. The map will be created by digitizing
field data using Geographic Information Systems (GIS) and will be compatible with the
City's computer software.
Assumptions:
• Project area maps and aerial photos are available at 1 inch equals 200 feet scale (or
similar) and will be provided by the City
• A wetland delineation, Section 404 permitting and coordination with the U.S. Army
Corps of Engineers are not included in this scope of work.
C:,OCCN.EMS AMU 5r:MNG8ICCECM0CAL SETTM MTEMP,TMT NML OET POND SOW 0!0 DOCWAM"
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Chris Cece
August 5, 2004
Page 2
Deliverable:
An electronic and hard copy wetland map will be provided in a format that is compatible
with the City's engineering drawings.
Schedule:
Assuming notice to proceed is given by August 9, 2004, all work will be completed by
August 17, 2004.
Fee Estimate:
The contract will be time and materials, not to exceed $2,000.00. A detailed breakdown of
these costs is included in Table 1. Rates previously approved by the City will be used.
CiOOCVLFiNTS MO SETTINGSXXE SILOCAL SETTINMTEWTMT NRL OFT o 80WOSOSO�.00(.16•AUG-01
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In
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Table 1
Taft Hill Detention Pond Wetland Mapping Cost Estimate
Y
v1
W
�
•
F
2
h
�E
Labor Hour Estimate
w
HourlyRate
585.50
$110.00
564.00
$75.25
Litentuce Revics.ICoordmation
2
0
0
Field Visit
8
0
2
0
0
2
to
Map Production
4
1
0
6
11
Total Hours
14
1
Z
6
23
Total Coat
Sl 197.00
$110.00
S128.00
$451-9
Co Otber Direct Cade:
Car Rental or Kdoap estimated titnei I days)560.00
Food tat —A O..,.-y tints I 510.00
N iacattaoaous otiau inoideatals 525.00
Total ODCs S95 00
[Total Coat S19o1l0
9%-A 1 t:%M
Taiiasrmwce �.A