HomeMy WebLinkAbout360806 ARROWHEAD TRAILS - CONTRACT - RFP - P982 BOBCAT RIDGE TRAILPROFESSIONAL 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 Arrowhead Trails, 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
the scope of services attached hereto as Exhibit "A", consisting of one (1) page, 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 December 15, 2005. 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 Services Agreement —January, 2005
1
Professional:
City:
With Copy to:
Arrowhead Trails, Inc
City of Fort Collins —
City of Fort Collins - CPES
Attn: Danna Boone
Purchasing
Attn: Karen Manci
11121 County Road 240
PO Box 580
281 N. College Ave.
Salida, CO 81201
Fort Collins, CO 80522
Fort Collins, CO 80524
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 in the amount of nineteen thousand one
hundred fifteen dollars and twenty eight cents ($19,115.28) per Exhibit "B". 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
Professional Services Agreement --January, 2005
2
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. 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, 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.
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.
Professional Services Agreement --January, 2005
3
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 often (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 parry 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
Professional Services Agreement —January, 2005
4
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 shall not invalidate or render unenforceable any other provision of this Agreement.
THE CITY OF FORT COLLINS, COLORADO
a es B. O'Neill II, CPPO, FNIGP�
DirectorW Purchasing & Risk Management
DATE:
Arrowhead Trails Inc.
Title:
CORP RATE PRESIDENT OR VICE PRESIDENT
Date: __1��----------
-_—_-- (Corporate Seal)
Corporate Secretary
Professional Services Agreement —January, 2005
5
P982 BOBCAT RIDGE NATURAL AREA
TRAIL DESIGN PHASE II AND III AND SOUTH ADD -ON
EXHIBIT "A"
SCOPE OF WORK
Phase II and Phase III: Trail Design and Construction
1. Meet with City staff prior to design of trail to address any initial concerns,
issues, and coordination during process.
Flag preliminary alignment for trail in the field.
3. Prepare and submit map of preliminary trail alignment and plan, including
location of proposed new structures (e.g., bridges, gates) for trail that
meets or exceeds USFS Standards for review by City trails team (staff and
citizen board members) and COE (if necessary). Plan should include
description of the trail design (ADA and non-ADA ), including materials;
drawings and/or photos of proposed new structures (e.g., bridges, gates);
description of. possible opportunities for using volunteers to construct a
small portion of the trail; approach and need to fell trees; rehabilitation and
restoration plans for disturbed areas; and estimated construction costs
and timeline for review, final approval, and construction.
4. Meet with City trails team in the field to finalize trail alignment and plan.
5. Submit final trail alignment and plan, including final construction costs and
timeline to City staff for approval.
6. Obtain COE approval/permits, if necessary.
7. Include USFS staff in review of trail alignments. Combine design of
Connector Trail to the South with design of Phase Il.
EXHIBIT 08"
FEE SCHEDULE
lDosBoOrLIL
DesipGostDslhnoNs
Phs" 1
44 AMs OW700 V) 4r wide
$CAN
i 3,M0i+M
IA Adis ADA Ondudedt AM)
IA wile d "Wbv& p wm (eddt ma)
:o Quor s
MdiYnum 14%
IMP sus
�
IMALPRAM l> OMM
Phisoo n
&7 gala MAN M $41 aide
same
�ftli)l
1WhiBWOM tz%
two VAGL
1,1�31�l3
IOTAL PHAOR II DOMM
1�1l143
Plus m
3.3 won (1T M b) 2 4K wide
$OA f
i 4~
MobYisodos 12%
ho sp elms
i MAI
TOrALPI MRtllDMOle
i O.sKM
6w& Add sr
aA Afles (4,3l4 in 3iR wide
9Mt
MOM M
webaboldos 10'!ti
hmAp enm
lOM
7I01<'ALPAAd=BO[t1!!l BN
= IASIM
Ca�reeoo11si4 CastEollrrbes gfoehlos Cionebrnotloo 01tm00 4M'lLsd
Dsosr asd D3[ 1�.1a IDed 10sewa/or)
Dhow l
L5 sAss (18eW M 48" wide
3lAWU
ifd iY AS
IA Ais ADd1(M V) 4V wide
SLOW
#41,r33rN
YoliMsWen 10%
hmpsuo
i 4.idt9f
TOTAL PA"t i SON
Ms"
WAbQh dM l3Y
hnnp oum
sI#~
TOM VRAM 11 OONNIRUC
M
MOLN
phisoo m
i s MAN (17,AM in 24R wide
it sw
$40~
Na6do.Nan 131i
loop swo
R TAWS
'f' M P>RUM m SON
05T,197.10
fo k Add.ea
*A oUes O Me 1A 2 4R wide
31.4Wf
OAM76
�AL soctsrli o°'oxalst =gg
� Mm
TQ'PAL nre�clx
a enm� Peneloc� asrreswtitis
! SAL14
.:Lu
,t.roie..es