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HomeMy WebLinkAbout100883 J R ENGINEERING - CONTRACT - CONTRACT - 24284PROFESSIONAL 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 JR Engineering, LLC 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 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 five (5) days following execution of this Agreement. Services shall be completed no later than October 1, 2006. 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: JR Engineering, LLC City of Fort Collins City of Fort Collins, Street Oversizing 2620 E Prospect Rd Attn: Purchasing Attn: Mark Laken Fort Collins CO 80525 PO Box 580 281 N. College Ave. Fort Collins, CO 80522 Fort Collins, CO 80524 P05127fc IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACoRo z5 (zootros) kIN$025 (oloe).oi Page 2 of 2 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. 5. Design, Proiect 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. 6. 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 in the amount of Eighteen Thousand Eight Hundred Twenty Dollars ($18,820). 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 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. 7. 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. 8. 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, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. 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. 10. 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. 11. 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. 12. 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. 11 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. 14. 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. 15. 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. 16. 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 garr*s B. O'Neill II, CPPO, FNIGP Director urchasing & Risk Management DATE: cl 1 21 I v JR Date: I — / `1 — cr--7� s-� ATTEST: (Corporate Seal) Corporate Secretary =NT EXHIBIT "A" August 15, 2005 Mark Laken CITY OF FORT COLLINS-ENGINEERING DEPARTMENT Street Oversizing Program 281 N. College Avenue Fort Collins, CO 80522 Re: Drake/Ziegler Road Improvements Plan and Survey, Phase 2 Dear Mr. Laken, JR Engineering, LLC greatly appreciates this opportunity to provide you with a proposal to perform the compilation of plans and interim survey of phase 2 of the Drake/Ziegler Road improvement project. The following scope of services has been prepared to include all of the items that were requested at our meeting on Wednesday, August 10, 2005. We have attempted to, as accurately as possible, estimate the man-hours required to complete each line item. We are aware, that the budgeted costs cannot be exceeded, unless an Additional Services Request is issued by the City of Fort Collins. Furthermore, it is mutually understood that billed fees for each line item will only be charged for actual work performed, including time and materials, and that possible subsequent remaining budget for each line item will not be billed if the anticipated budgeted hours are not needed to complete the tasks described. SCOPE OF SERVICES ➢ Phase 2 Construction Documents - Compile a comprehensive set of final construction plans that incorporate all of the infrastructure crossings and appurtenances shown on applicable approved plans to date. Update road cross -sections as needed to represent current existing conditions. $4,760 ➢ Interim Topography and Final Grade Earthwork — Conduct a survey of the volume of soils currently unloaded along the future alignment of Ziegler Road. Quantify the volume of earth that has been placed, as well as calculate the earthwork still needed to bring the road to final approved grade. $4,540 ➢ Parapet Wall Design — Revise parapet walls that will be built along both sides of the Ziegler box -culvert bridge, to meet the City's new standards. $1,300 ➢ Strip Map — Prepare a strip map for City of Fort Collins and Construction employees that will comprehensively display the entire project. $225 ➢ SWMP Exhibits (Each) — Prepare exhibits as requested by the City of Fort Collins that will be incorporated into the SWMP report. $225 ➢ Standard As -Built Plans — Prepare an As -Built document, for City of Fort Collins records, that accurately displays and adequately describes what has been constructed in the field, including storm sewer, sleeving, FCRID Channel and Pond 216 outfall channel, both at 50' sections. imu ➢ Miscellaneous Meetings, Coordination and Constr. Admin. Engineering — Attend and participate in construction coordination meetings, coordinate loose construction items; such as the sidewalk issue on the north side of Environmental Drive, and assist in engineering issues that arise during construction. $4,080 Engineering and Surveying Services (Total Anticipated Fees not to exceed): If you have any questions or find that we have failed to include an additional desired service, please contact me at your earliest convenience at (970) 491-9888. Thank you again for the opportunity to be of service to you. We look forward to working with you and hope to hear from you soon. Respectfully, JR ENGINEERING, LLC Michael Brake, PE, PLS Principal, Director of Operations JR Engineering Schedule of Hourly Rates 2005 Schedule of Hourly Rates PROFESSIONAL HOURLY RATE Director of Operations $135 Division Manager / Senior Technical Specialist $125 Senior Project Manager / Technical Specialist $105 Project Manager / Lead Project Engineer, Designer or Surveyor $ 95 Sr. Project Engineer / Sr. Project Designer / Sr. Project Surveyor $ 90 Project Engineer / Project Designer / Project Surveyor $ 85 Engineer II / Designer II / Surveyor II $ 80 Engineer I / Designer I / Surveyor 1 $ 75 Engineering Assistant II / Technician II / Surveying Assistant II $ 70 Engineering Assistant I / Technician I / Surveying Assistant 1 $ 65 Field Crew (1 person) $ 80 Field Crew (2 person) $ 125 Field Crew (3 person) $ 180 Clerical $ 45 DIRECT EXPENSES Mileage $ 0.50/mile Deliveries (local, one-way, non -rush) $12.00/each Copies (each) $ 0.20/copy Prints (24"x36") $ 1.60/print Vellum (24"x36") $ 7.50/sheet Mylar (24"x36") $13.00/sheet Subconsultant At Cost Plus 10% Effective January 1, 2005 *These rates are subject to change This Schedule of Rates is considered "Company Confidential' and shall not be released to a third party without written permission of JR Engineering. ACORDnr CERTIFICATE OF LIABILITY INSURANCE DATE(MMMr"YV) s/16/2005 PRODUCER PAX (303) 370-0118 Moody Insurance Agency, Inc. 3773 Cherry Creak North Drive Suite 800 Denver CO 902093804 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY NO RIGHTSTHE CERTIFICATE HOLDER.NTH SONFERS CER11FICATE DOES NOTOAMEND, EXTEND R ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Westrian Group, Inc. D$A: JR Engineering, LLC 6050 Greenwood Plaza Blvd. Greenwood Village CO 80111 INSURERA: Lexington Insurance INSURERS Nationwide Mutual INSURER C: Amer Guarantee Liab Ins INSURERO. Pinnacol Assurance INSURER E: COVERAGES 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. ILTR LTR DD'L NERD TYPE OF INSURANCE POLICYNUMBER PDATE((MIVDDm) DATE EXPIRATION LIMITS A GENERAL LIABILITY 0328816 10/31/2004 10/31/200B EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY cLAIMSMADE a OCCUR DAMAGE TO RENTEDITY PREMI ESEecccurrence $ 50,000 MEDEY,P (Any oneDemon) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 X $5,000 Dad. GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $ 2,000,000 POLICY JECT LOC $ AUTOMOBILEUASILIY X ANY AUTO ACDBA7501657648 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT (Ea acclderd $ 1,000,000 BODILY INJURY (Per oerecn) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HRED AUTOS NON -OWNED ALTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ C EXCESSIUMBRELLA LIABILIN OCCUR CLAIMS MADE ADC5088801700 10/01/2004 10/01/2005 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 S $ DEDUCTIBLE $ RETENTION S D WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE 4086235 10/01/2004 10/01/2005 L S E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE- EA EMPLOYEE $ 1 , 000,000 11 OFRCERJMEMBER EXCLUDED? f yea, describe order SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 $ OTHER Inland )Sarin ACIPCIM750165833D 10/01/2004 10/01/2005 sch.squip. " 040,74 Lensed/Rented Equip. neduatible t1,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHCLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Blanket Additonal Insured as required by written contract. Blanket waiver of Subrogation. by state law, 10 day notice of cancellation applies to non-payment of premium. (970)221-6707 City of Fort Collins 215 North Mason St 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 00 80 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. Y mmrmi;=N IN IIYG _4�� StoffeVPMC 0 ACORD CORPORATION 9999 IMRD741n10F1 nA &NIA VMP MHRnma PH,,t,na Inr lA001A97.11fiAF Pcne I of 7