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Home My WebLink AboutWATER EARTH TECHNOLOGIES - CONTRACT - RFP - P1006 FLOOD WARNINGPROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set between THE CITY OF FORT COLLINS, COLORADO, a Municipal referred to as the "City" and Water & Earth Technologies, Inc., hereinafter "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein by and between the parties hereto as follows: below by and hereinafter to as , it is agreed 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for P1006 Flood Warning System Support Services, issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisti g of one (1) page and is incorporated herein by this reference. No Work Order shall exceed 50,000. The City reserves the right to independently bid any project rather than issuing a Wor Order to the Professional for the same pursuant to this Agreement. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work }Order. Time is of the essence. Any extensions of any time limit must be agreed upon in whiting by the parties hereto. 4. Contract Period. This Agreement shall commence within five J(5) days of signing, and shall continue in full force and effect until March 1, 2007 unless soonej terminated as herein provided. In addition, at the option of the City, the Agreement may be Ixtended for Utffity PSA WO January, 2005 additional one year periods not to exceed four (4) additional one year period$. Renewals and pricing changes shall be negotiated by and agreed to by both parties. They Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office*ill be used as a guide. Written notice of renewal shall be provided to the Service Provider anp mailed no later than ninety (90) days prior to contract end. 5. Early Termination by City/Notice. Notwithstanding the time poriods contained herein, the City may terminate this Agreement at any time without cause by Oroviding written notice of termination to the Professional. Such notice shall be delivered at Feast 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 address: Professional: City: With copy o: Water & Earth Technologies, Inc. City of Fort Collins, Purchasing City of Fo Collins, Stormwater 1225 Red Cedar Circle Ste A PO Box 580 700 Wood t Fort Collins, CO 80524 Fort Collins, CO 80522 Fort Collin , CO 80521 In the event of any such early termination by the City, the Professional shall be poid 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. 6. Design, Project Insurance 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 act ordance with law, from all Ulilily PSA WO January, 2005 whatsoever claimed by third the C t and for the City's costs and reasonable attorneys' fees arising directly or indirectly out of thh 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 Oombined single limits, and errors and omissions insurance in the amount of $500,000. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The parties acknowledge that the sub -contractors are not partios to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the amounts Icharged by these subcontractors exceed the rates listed in Exhibit "B" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 hertein shall apply to all rates listed in Exhibit "B" including subcontractor rates. .At the election of the City, each Work Order may contain a maximum fee, *hich shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The *mounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant to the Work Order and upon abproval of the Professional's direct reimbursable expenses. Final payment shall be mode 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 be4ome the sole property of the City. 8. City Representative. The City will designate, prior to commencemeht of work, its project representative who shall make, within the scope of his or her authority, all n cessary and Utility PSA WO January, 2005 Proper decisions with reference to the project. All requests for contract interpretations, orders, and other clarification or instruction shall be directed to the City Representative. 9• Project_ Drawings. awinas Upon conclusion of the project and before firlal Professional shall provide the City with reproducible drawings of the project co information on the project as constructed. Drawings shall be of archival, pr mylar base material using a non -fading process to provide for long storage reproduction. "CD" disc of the as -built drawings shall also be submitted tote AutoCAD version no older then the established city standard. change payment, the taining accurate pared on stable and high quality owner in and 10. Monthl`port Commencing thirty (30) days after Notice to Proceed any Work Order and every thirty days thereafter, Professional is required to Provide Representative with a written report of the status of the work with respect tote Work Schedule and other material information. Failure to provide any required may, at the option of the City, suspend the processing of any partial payment reqt 11. Independent Contractor. The services to be performed by Professional of an independent contractor and not of an employee of the City of Fort Collins. not be responsible for withholding any portion of Professional's compensation hereunder payment of FICA, Workers' Compensation, other taxes or benefits or for any other 12. Personal Services. It is understood that the City enters into th based on the special abilities of the Professional and that this Agreement shall be considered an agreement for personal services. Accordingly, the Professional shall neithe responsibilities nor delegate any duties arising under this Agreement without the consent of the City. is given on the City Work Order, monthly report est. are those The City shall for the purpose. s Agreement as assign any prior written 13. Acceptance Not Waiver. The City's approval of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall n plans, t in any way Utility PSA WO January, 2005 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 Oe construed to operate as a waiver of any rights or benefits provided to the City under this 14. 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. 15. Remedies. In the event a party has been declared in default, Ouch defaulting party shall be allowed a period of ten (10) days within which to cure said defau t. 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 quire 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 reasonably attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, Oonstitutes 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 sgrvivors, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In a 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 pr vision of this Agreement. Utility PSA WO January, 2005 THE CITY OF FORT COLLINS, COLOR By: � s B. O'Neill II, CPPO, FNIGP ctor of Purchasing &Risk Man Date: 8 ! « /n / Water & Earth Technologies, Jic., By: Title: / xcs epa-vT CORPORATE PRESIDENT OR VICE PRE IDENT Date: s/3/00 ATTEST: I - I G�IZ�+V/2C4�� Corporate Secretary (Corporate Seal) Utility PSA WO January, 2005 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct Project Description: Scope of Services: Professional agrees to perform the services identified above. and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of Exhibits _, _, _, consisting of ^ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. cc: Purchasing Professional: By: Date: City of Fort Collins Submitted By: Project Man c Date: Reviewed by: Date: Approved by: Date: Approved by: Director of Purchasing & f (if over $30,000.) Date: ent EXHIBIT B FEE SCHEDULE 7.1. WET Published Labor Rate Schedule Effective January 1, 2006 charges for labor services performed, including man engineering, field support, and office time, will be calculated and billed on the the fully loaded staff category rates shown below. Clussificattfon Principal Engineer/Project Manager Professional Engineer Senior Engineer GIS Manager Professional Scientist Scientist Field Technician III Field Technician II Field Technician I $105.00 $100.00 $95.00 $90.00 $85.00 $80.00 $75.00 $70.00 $65.00 Charges for all direct costs incurred by the WET team will be invoiced to the Ci Company and employee vehicle mileage will be charged at $0.50 per mile. Ma purchased on behalf of the City will be charged back to the City at the vendor's list pricing. 7.2.ACE Published Labor Rate Schedule Owifteation IAsded L,gba RAteJfiour Principal Engineer $120.00 Senior Project Manager $115.00 Project Manager $100.00 Senior Engineer/Scientist H $95.00 Senior Engineer I $90.00 Project Engineer 11 $85.00 Project Engineer I $75.00 Engineer $70.00 Senior GIS/CADD Technician $70.00 GIS/CADD Technician $65.00 Administration $65.00 Administrative Assistant $60.00 of at cost. Laborraft schedule STA(' r: VARCA l; CERTIFICATE OF INSURANCE ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois asocawc^ ri _ ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois in ng policyholder for the coverages indicated below: Name of policyholder WATER & EARTH TECHNOLOGIES INC Address of policyholder Location of operations Description of operations The policies listed below have been issued to tt subiect to all the terms exclusions. and conditions 4 colder for the policy periods shown. The insurance described in these policies is oolicies. The limits of fiability shown may have been rdduosd by anv paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective DateExpiration Date LIMITS OF LIABILITY atbeatrini of policy period) Comprehensive BODILY INJURYAND 96-C7-9099-5 Business Liability 12/02/05 12/02/06 PROPERTY DAMAGE This insurance includes: ❑ Products Completed Operations ® Contractual Liability ® Underground Hazard Coverage Each Occurrence $ 1 r 0 0 0, 0 0 0 ® Personal Injury ® Advertising Injury General Aggregate $ 2, 0 0 0, 0 0 0 ❑ Explosion Hazard Coverage Products - Complet ❑ Collapse Hazard Coverage Operations Aggrege $ EXCLUDED ❑ General Aggregate Limit applies to each project EXCESS LIABILITY POLICY PERIOD BODILY INJURY D PROPERTY DAMAGE Effective Date Er iration Date (Combin Single Limit) ❑ Umbrella Each Occurrence $ Other Aggregate $ Part I STATUTORY Part 2 BODILY INJU Y Workers' Compensation and Employers Liability Each Accident $ Disease Each Emplo $ Disease - Polw Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date Expiration Date LIMITS O LIABILITY atbeginning policy"od 0983500 1106 AUTOMOBILE 08 11 OS 0 11 06 $!-MILLION If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 3 0 days before cancellation. If, however, we fail to mail such na' , no obligation or liability will be imposed on State F rm or its agents or representatives. Name and Address of Certificate Holder *** ADDITIONAL INSURED *** The City of Fort Collins Attn: Opal Dick/Purchasing Dept. PO Box MO, o a-Qo1 lins�C 80522 558-994 a 2-90 printed in U.S.A. f -Cl eLS :0O 9D 9❑ Feu