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Home My WebLink About125797 SMITH GEOTECHNICAL ENGINEERING - CONTRACT - CONTRACT - 6602395PROFESSIONAL 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 Smith Geotechnical Engineering Inc., hereinafter referred to as "Professional". W ITNESSETH: 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 shall be completed no later than April, 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: City: With Copy to: Smith Geotechnical Engineering Inc. City of Fort Collins, Utilities City of Fort Collins, Purchasing Attn: Duane H. Smith, P.E. Attn: Opal F. Dick, CPPO PO Box 580 1225 Red Cedar Circle, Suite H 700 Wood St. Fort Collins, CO 80522 Fort Collins, CO 80524 Fort Collins, CO 80521 Professional Services Agreement —January, 2005 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 Twelve Thousand Eight Hundred Thirty Dollars ($12,830). 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. 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. 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 By:W a es B. O'Neill II, CPPO, FNIGP DirectcLO Purchasing & Risk Management DATE: 4f / ZI d L- Smith Geotechnical Engineering Inc. By: nXI (� Title:s�P,ti7— CORPORATEPRESIDENT OR VICE PRESIDENT Date: q / (9 Lo / ATTEST: (Corporate Seal) Corporate Secret Professional Services Agreement —January, 2005 Mr. Matthew Haag, Substation Eneineer 700 Wood Street P.O. Box 580 Fort Collins. Colorado 80522-0580 Subject: Lightning Mast,'Antetn3a Tower Dear Mr. Haag_ March 24. 2006 Project No. 06.007 We have reviewed the scope of work required to provide the foundation design, drawings, and specifications to install the proposed towers at Linden. Overland Trail, and Harnnony Substations. Our estimate of the cost is as follows. 1. Subsurface investigations Drilling Locate Borings/Log Borings Utility Locates Laboratory Testing Report/Recommendations 2. Foundation design & drawings (3 foundations) Steel pole drawings & details 4. Specifications (steel, concrete. earthwork) 5. Contract Docnunents Engineering Preparation Word Processing Reproduction 6. Bid Process Bid Evaluation ?. Project :Meetings S. Project Administration S 1,300 $ 850 By City Personnel $ 2.100 $ 850 $ 5.100 $ 1,950 $ 950 $ 850 $ 850 $ 280 S 250 S 1,000 TOTAL $12.810 For the bid documents we have assumed standard City of Fort Collins Contracts. General. and Special Conditions will be utilized. Please note we have also assumed City personnel will be responsible far the location of utilities at the substations when determining the bore hole locations. Professional Services Agreement —January, 2005 6 We have tentatively scheduled drilling the sites on April Ire. We Have received the steel pole information from Platte River and would be expected to stark on the drawings and specifications as soon as we receive the go ahead. We wotdd expect die design and documents to be completed by the end of April. If you have any questions, please feel free to call us. Sincerely.. SMITH GEOTECHNCIAL ENGINEERING. Inc. Duane H. Smith, P.E. Professional Services Agreement —January, 2005 7 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIDDIYYYY) SMIT-16 02 08 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM ATIO N Brown 6 Brown Inc - Ft Collins ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 125 S Howes, 5th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 Box 2226 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80522-2226 Phone:970-482-7747 Fax:970-484-4165 Smith Geotechnical Engineering Inc. 1225 Red Cedar Circle, Ste H Ft. Collins CO 80524 INSURERS AFFORDING COVERAGE INSURER A: Fidelity c 6Uaranty Insurance INSURER 8: PinnaQol Assurance INSURER C: INSURER D: INSURER E: NAIC # THE POUCIES 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, OCCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ImParl LTR ~WE WERE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDOIYYI P XP GATE MMID UNITS GENERAL LIABILITY EACH OCCURRENCE $1000000 R COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR _ PREMISES Ea ocarmce) s 300000 MED EXP (Any one person) f 1000 0 A X Business Owners BK02168683 02/10/06 02/10/07 PERSONAL & Aov INJURY s 1000000 GENERAL AGGREGATE s 2000000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG E 2000000 POLCY PRO- LOC JECT A X AUTOMOBILE LLA9IUTY ANY AUTO BA02168681 02/10/06 02/10/07 CO BINED (ENCOMBcident) GLEUMIT $lr 000 0 , 00 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) E A A HIRED AUTOS NON -OWNED AUTOS BA02168681 BA02168681 02/10/06 02/10/06 02/10/07 02/10/07 X BODILY INJURY (Per accident) E X PROPERTY DAMAGE (Par accident) f GARAGE LIABILITY AUTO ONLY - EA ACCIDENT f ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG S S EXCESSNMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE E E DEDUCTIBLE f RETENTION $ E B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERUMEMBF.R EXCLUDED? dyes.AL PROVISIONS SPEIAL PROVISIONS below 4066328 02/01/06 02/01/07 WC 3TXr0--7-7I3TFr TORY LIMITS I I ER E.LEACHACCIOENT $100000 E.L. DISEASE -EA EMPLOYE E100000 E.L. DISEASE - POLICY LIMIT f 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS �.� t.ANCICLLA I nun CI.MM2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRUTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A IZED REPRES ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 ARCHITECTS/ENGINEERS PROGRAM C/VA POLICY DECLARATIONS AGENCY BRANCH PREFIX POLICY NUMBER INSURANCE IS PROVIDED BY CONTINENTAL CASUALTY COMPANY, CNA PLAZA, CHICAGO, IL 60685, 056124 969 AEA 11-412-00-94 A STOCK INSURANCE COMPANY, HEREIN CALLED WE, US, OR OUR. NOTICE THIS IS A CLAIMS -MADE POLICY. PLEASE READ THIS POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. 1. NAMED INSURED: SMITH GEOTECHNICAL 2. ADDRESS: 1225 Red Cedar Circle Suite H Fort Collins, Colorado 80524 POLICY TERM: From: 05/01/2005 To: 05/01/2006 AT 12:01 a.m. Standard time at your address shown above. 4. KNOWLEDGE DATE: 05/01/01 5. DEDUCTIBLE: a. $ 5,000 Purchased Deductible b. $ 1,250 Deductible Credit C. $ 3,750 is Deductible per claim (including claim expenses) d. $ N/A is Aggregate Deductible per policy year (including claim expenses) LIMIT OF LIABILITY: a. $ 1,000,000 Per claim limit of liability (including claim expenses) b. $ 1,000,000 Aggregate limit of liability per policy year (including claim expenses) INCEPTION DATE: 05/01/01 is the date of the first policy issued to you and continuously renewed by us. 159772 G-136512-A17 -1 - (ED. 07/03)