HomeMy WebLinkAboutRADIATION TECHNOLOGIES - CONTRACT - CONTRACT - RADON REDUCTIONPROFESSIONAL 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 Radiation Technologies, 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 two (2) 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 be completed no later than August 30, 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: I City: With Copy to:
Professional Services Agreement —January, 2005
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Radiation Technologies LLC
City of Fort Collins, Purchasing
City of Fort Collins, Natural Resources
4226 Westbrooke Dr
PO Box 580
Attn: Brian Woodruff
Fort Collins, CO 80526
Fort Collins, CO 80522
281 N. College Ave
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 $500,000 combined single
limits
5. Compensation. In consideration of the services to be performed pursuant to
this Agreement, the City agrees to pay Professional a fixed fee in the amount of Five Thousand
Dollars ($ 5,000) plus reimbursable direct costs according to fee schedule attached hereto as
Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. All such fees
and costs shall not exceed Fifteen Thousand Three Hundred Dollars ($15,300). Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
Professional Services Agreement —January, 2005
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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.
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. 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. (Not Applicable to this project)
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
Professional Services Agreement —January, 2005
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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.
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.
15. Bindinq Effect. This writing, together with the exhibits hereto, constitutes the
Professional Services Agreement —January, 2005
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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
jlar4es B. O'Neill II, CPPO, FNIGP
Directo o Purchasing & Risk Management
DATE: Z 6 l
Radiation Technologies, LC
By:#OTE
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TitleQ£5„
COR PRESIDENT OR VICE PRESIDENT
Date:
F EIS
Professional Services Agreement —January, 2005
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EXHIBIT "A"
SCOPE OF SERVICES
EFFECTIVENESS OF
PASSIVE RADON -REDUCTION SYSTEMS
IN 75 FORT COLLINS HOMES
I. SCOPE OF SERVICES
Fort Collins City Council has amended the building code to require radon -resistant new
construction [RRNC] in single-family homes and duplexes as of January 1, 2005. The City
has initiated a study to determine the effectiveness of RRNC in Fort Collins homes, and to
provide builders and construction inspectors with early warning of errors that may be
occurring during RRNC installation and inspection.
The Service Provider will perform radon testing of up to 75 Fort Collins homes. The
selected Service Provider must follow the attached USEPA protocol for "cap-on/cap-off'
radon studies ["Design for a Program to Measure the Effectiveness of Passive Radon -
Resistant New Construction," USEPA 7/22/19991, with certain exceptions described
below.
The Service Provider must be a licensed radon tester, have general liability insurance, and
worker's compensation insurance [if Service Provider has employees], and must describe
the quality -assurance procedures that will be used [as per Section 3.8 of the Protocol].
The City's roles in the study are to:
• Recruit volunteer homeowners and provide volunteers' contact information to the
contractor. Although we intend to test 75 homes, we cannot guarantee we will
find that many volunteers.
• Provide any written materials needed to communicate with customers. Approve, as
to form only, the report of individual results to be given to homeowners.
• Compile the data in a final report, including statistical evaluation of measurements.
• Robin Newbrey serves as principal contact for the project.
The Service Provider's roles in the study are to:
• Arrange with volunteers for access to interiors and roofs of homes.
• Test each home using the cap-on/cap-off methodology.
• Provide a report of test results to each volunteer homeowner.
• All homes will be tested using short-term integrating samplers.
• In addition, 10% of homes in the study will be tested using a co -located continuous
radon monitor. Service Provider will arrange for rental of continuous monitoring
equipment, if necessary.
• Complete a field log data sheet [Protocol Appendix A] for each home tested.
• Provide test results from integrated samplers in a data table [Protocol Appendix C1.
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• Provide hourly time series results from continuous monitors in both table and graph
formats.
• Report results monthly [field data sheets and results tables and graphs].
The expected work sequence for each home is as follows:
• Visit 1 —document radon reduction system, place test devices for cap -off test
• Visit 2 — retrieve test devices, place cap on vent pipe
• Visit 3 — place test devices for cap -on test
• Visit 4 — retrieve test devices, remove cap from vent pipe
Exceptions to the USEPA protocol
In Section 2, "INSPECTING THE INSTALLATION OF THE PASSIVE SYSTEM," only the
accessible portions of the system need to be checked, e.g., in unfinished areas, mechanical
rooms, crawl spaces, attics, etc.
In Section 3.1, "Overview," although the protocol recommends testing prior to occupancy,
we expect that all homes in this study will be occupied. The City will already have alerted
volunteers that closed -house conditions are required during the test, and will provide the
contractor with written materials to distribute to the volunteer homeowners.
Please disregard Section 3.10, "Additional Considerations for Passive Stack Systems."
Specifically, if testing shows that a radon system is not effective, the contractor is not
responsible for follow-up.
11. DELIVERABLES
Monthly submission of data on homes tested, including field log data sheets and results tables
and graphs [for continuous data].
III. PROPOSED SCHEDULE
Work is to start in February 2006, depending on the availability of volunteer homeowners, and
conclude when we have tested 75 homes. Testing is expected to last at least 24 weeks, based
on starting 5 homes per week, with a maximum of 10 homes undergoing testing at one time. A
maximum is recognized to not exceed 5 new homes per week.
Professional Services Agreement —January, 2005
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EXHIBIT "B"
Fee Schedule
Additional agreements concerning payment:
Service Provider will receive a fixed fee of $5,000 at the beginning of the contract period, to help
cover up -front costs for equipment and insurance.
The billing rate for testing individual homes will be $200 per home and $ 50.00 per visit to the
home with the total number of 4 visits to a home.
If it is necessary to rent continuous radon monitor[s], then Service Provider will invoice the City
for rental charges up to a total of $300.
Scheduling with Volunteers
Radiation Technologies will contact each volunteer twice to schedule testing. Difficulty with
scheduling will be reported to the city. Radiation Technologies reserves the right to remove a
volunteer from the list if scheduling is too difficult to complete. Any removal of volunteers will be
cleared with the city prior to removal.
This work requires the presence of the homeowner. Any failure for the homeowner to
appear at a scheduled time will result in Radiation Technologies billing the city for that visit
which will be $50.00 per visit. The city will be promptly informed on any scheduling
conflicts prior to billing to try and resolve the issue.
Scheduling of homes for testing will begin as soon as the City provides names and phone
numbers for volunteers. Radiation Technologies will do a maximum of 5 houses per week.
Radiation Technologies will not be held liable for delays in scheduling or completion of work due
to adverse weather conditions that prevent roof access or non -responsive volunteers. Radiation
Technologies will promptly inform the City of Fort Collins of any scheduling delay or conflict so
that a resolution may be agreed upon.
Professional Services Agreement —January, 2005
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