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HomeMy WebLinkAbout372239 CEMETERY PLANNING - CONTRACT - CONTRACT - 5507866PROFESSIONAL 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 CPRA Studio, .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: 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 February 28, 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: CPRA Studio LLC City of Fort Collins City of Fort Collins 7921 SouthPark Plaza PO 580 PO 580 Suite 106 Ft. Collins CO, 80522 Ft. Collins CO, 80522 Littleton, CO 80120 Attn: Purchasing Attn: Phil Carpenter Attn: Doug Flin Professional Services Agreement —January, 2005 1 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, 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 $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 Four Thousand, Six Hundred Dollars ($4,600). 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. Professional Services Agreement —January, 2005 2 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. Understanding the Professional's work will result in a colored plan graphic, the final product will be a scanned, digital image (PDF or equal). Upon conclusion of the project and before final payment, the Professional shall provide the City with the digital file (PDF or equal). 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 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. Professional Services Agreement —January, 2005 3 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 shall not invalidate or render unenforceable any other provision of this Agreement. Professional Services Agreement —January, 2005 4 THE CITY OF FORT COLLINS, COLORADO gy. o _-;> 14tnei B. O'Neill 11, CPPO, FNIGP Director Purchasing & Risk Management DATE: ✓ / l4',Z 2 3 � G Studio,A.LC By: SIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement —January, 2005 5 It'3 SCOPE OF WORK Cremation Garden Planning & Design Project Set -UP: Coordinate with City to obtain existing information as to site conditions. The assumption is made that proposed work will be able to be based on City's measured base plan, site photos and other possible aerial photo resources available from the City of Fort Collins. City to check availability of possible additional aerial photos to augment existing information. Limited Site Analysis: Work with City to determine site opportunities and constraints for proposed development. Limited Program Development: Develop a limited programming questionnaire that will seek to identify the City's future goals of the area of proposed development, including interment product type, mix, density and quantity as appropriate. Bubble Diagrams/Preferred Conceptual Alternative: Prepare 2-3 "bubble" land -use diagrams that seek to define optimal locations for the development of walkways, sitting areas, plantings and placement of interment product options. Present concepts and solicit City feedback for preparation of Preferred Conceptual Alternative. Professional Services Agreement —January, 2005 6 NJ cora cemetery planning resource alliance 2005 FEE SCHEDULE Hourly Rates * 7 ** Rate Range Principal $105.00 - 130.00 Associate $ 75.00 - 95.00 Project Managers $ 65.00 - 85.00 Designers/ CAD Specialists $ 50.00 - 65.00 Administration/ Clerical $ 30.00 - 55.00 Reimbursable Expenses * f ** Materials, Supplies and/or Services outside of CPRA`s in-house offerings cost+ 15% including, but not limited to large format prints/copies, multiple report copies, shipping, courier services, travel related expenses outside of contract, etc. Alliance Member(s)/Subconsultant(s) cost+ 15% Per Diem $ 35.00 Added 1-day Site visits (by air travel) during a defined project $1,500.00 Added 1-day Site visits (by road travel) during a defined project $1,000.00 Deposit For all projects, CPRA requires agreements to incorporate an initial deposit for $2,500.00 or the anticipated cost of the first month of service, whichever is greater. * In an effort to simplify accountability, CPRA`s in-house, direct reimbursable expenses are calculated into the hourly rates defined above. These direct reimbursable expenses include mileage, photocopies, bond plots, vellum plots, mylar plots, fax transmittals and long distance phone and exclude those items noted above and/or those items that are outside of our in-house capabilities. If travel expenses are included into a Scope, $500 is allocated for airfare. The balance of the fares over$500 will be billed as an additional expense. ** The rates shown above are subject to change at any time. Notification will be given to the client within 30 days of any rate changers). cpra studio, Ile 520 winterthurway highlands ranch, co 80129 303 683 5917 (fax)3036835958