HomeMy WebLinkAboutJAN PETERSON - CONTRACT - CONTRACT - PREBLES MOUSEPROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 Jan Peterson, an individual, 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
any project Work Orders for determining the presence or absence of Preble's Meadow Jumping
Mouse, see Exhibit "B" Scope of Work, consisting of one (2) pages issued by the City. A blank
sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is
incorporated herein by this reference. No Work Order shall exceed Thirty Thousand Dollars
($30,000). The City reserves the right to independently bid any project rather than issuing a Work
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 Order.
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 writing by the parties hereto.
4. Contract Period. This Agreement shall commence upon the date of execution shown
on the signature page of this Agreement and shall continue in full force and effect for one (1) year,
unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement
may be extended for additional one year periods not to exceed four (4) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver
Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as
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a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later
than ninety (90) days prior to contract end.
5. Early Termination by City/Notice. 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 address:
Professional:
City:
With Copy to:
Jan Peterson
City of Fort Collins, Utilities
Opal F. Dick, CPPO, Senior
39234 Scenic View Ct.
Attn: Robert T. Zakely
Buyer
Ault, CO 80610
700 Wood St.
PO Box 580
Fort Collins, CO 80521
Fort Collins, CO 80522
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.
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 accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City and for the City's costs and reasonable
attorney's 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.
7. Compensation. In consideration of services to be performed pursuant to this
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Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by
this reference. At the election of the City, each Work Order may contain a maximum fee, which 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 amounts 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 approval of the Professional's direct
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.
8. 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.
9. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any
Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order, 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.
10. 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 hereunderfor the payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. 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
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responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. 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.
13. 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.
14. 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. I3inding 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.
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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
By:
Ja es B. O'Neill ll, CPPO, FNIGP
�"birector of Purchasing & Risk Management
Date: Y-a(, 0 (,
Jan Peterson, An Individual
By:
Title:
Date: �ztlnL
WOPSA 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 costs):
Project Description:
Scope of Services:
Acceptance
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.
Professional
Date:
User
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Submitted By:
Date:
Reviewed by:
Date:
Project Manager
Title:
Approved by:
Title:
Date:
1
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On certain City projects, the Consultant may be asked to perform additional environmental
assessment work. The scope of this additional work, any required reports, and the time of
completion of any reports will be determined on an individual project basis by the Project
Manager.
Site Definition - For the purposes of this agreement, a survey trap site shall be defined as an
individual City construction project, or any other site where the City wishes to determine the
presence or absence of Preble's for planning or other purposes. If, per the guidelines, a survey
trap site is large enough that it requires more than 200 traps to be set, each group of 200 traps
shall be considered a site.
Payment — Consultant shall receive payment for each site trapped or each disqualification report
as indicated by the City having received a copy of the report required by the guidelines. For any
additional environmental assessment work requested by the Project Manager, the Consultant
shall be paid at an hourly rate. The payment schedule for reports and hourly work is contained
in Exhibit "C", attached to and hereby made a part of this document.
2
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EXHIBIT "C"
2006 rates for Preble's meadow jumping mouse surveys and other environmental assessments,
Dr. Jan Peterson
Work Description
Rate
Preble's Trapping
Survey, June 1 through August 31
$ 3,000 per site
Preble's Trapping
Survey, September
$ 4,500 per site
Preble's Disqualification
Report
$ 1,800 persite
Hourly Rate
$ 75.00
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4/24/2006 1:22 PM FROM: JCB Beckett _Associates TO: 2216707 PAGE: 002 OF 002
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or after the coverage afforded by the policies listed thereon.
ApCORD 25 (2001108)
r6., INS025 (oioe)o5 Page 2 of 2