HomeMy WebLinkAbout388729 GEORGE WEBER - CONTRACT - CONTRACT - 6603237PROFESSIONAL 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 George Weber Environmental, Inc., a corporation, 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 six (6) 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 three (3) days following execution of agreements
by all involved utilities.. Services shall be completed no later than four (4) months after contractual
commitment from all involved utilities. 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 or professional may terminate this Agreement at any time without cause by providing written
notice of termination. 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 Services Agreement —January, 2005
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• Responding to other requests for information.
If a utility representative is remiss in providing GW information it requires for the
Project to progress according to schedule, GW reserves the right to adjust the
budget and schedule accordingly.
DELIVERABLES
The tangible product resulting from the proposed Project will be a final report
presenting findings and action recommendations for developing a collaborative
water quality monitoring information system for the upper CLP serving the
identified needs of the three drinking water utilities.
GW will provide to each utility representative:
• One hardcopy report; and
• A CD ROM containing an electronic copy of the report in MS Word and
Adobe PDF formats.
The proposed Project in the longer term also has the potential for producing
other, perhaps less tangible, but still important products, e.g., further
strengthening of the cooperative relationships among the three drinking water
utilities, and preserving, if not improving, CLP water quality.
ESTIMATED BUDGET AND SCHEDULE
GW will conduct the proposed Project on a fixed fee basis for $21,000, or $7,000
per participating utility.
GW effort will not exceed the combined value of his time (at $95/hour) and his
out-of-pocket expenses including, but not limited to, e.g., mileage (at the IRS
2006 rate at the time the expense is incurred), reproduction, and
communications. GW anticipates that his effort will not exceed 215 hours. This
limitation is to address uncertainties concerning the effort potentially required to
characterize each utility's current water quality monitoring information systems,
and particularly the water quality data component.
With regard to the latter, previous experience suggests that estimating the effort
that will be required to characterize an existing data system often is problematic
and uncertain at the outset. Furthermore, the effort that will be required for the
characterization will depend on a variety of factors including the level of detail
and systematic organization of the characterization developed, and the existence
of an up-to-date, accurate, easily accessible and useable (e.g., electronic format)
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inventory of data, metadata, forms, procedures, etc. GW is past experience and
the opinion of utility staff having the most knowledge of the water quality
monitoring data of each of the utilities suggests that the ideal inventory may not
exist for any of the utilities.
GW will submit an identical invoice and progress report to the representative of
each utility on a monthly basis. Each utility will be responsible for paying one-
third of the total billing no later than 30 days of the invoice date. If one utility is
remiss in making its payment, GW will stop work. `Start -stop' costs may be
incurred if the Project is reinitiated, and the budget and schedule adjusted
accordingly.
The CLP Project will be completed within 4 months of the date by which GW has
obtained a contractual commitment from all three utilities.
Accomplishing the proposed Project will require the Project Manager
representing each of the utilities to comply with the detailed schedule that GW
will develop and provide within one week of the Project start date.
If a utility is remiss in providing information that GW requires for achieving the
Project schedule in any given month, GW reserves the option to invoice for
either the cost of the effort actually invested for work related to that utility or for
$1,750.00, whichever is greater. In the latter case, GW may consider the effort
(hours) represented by this billing as expended and no longer available for
completing the Project.
GW and each utility may adjust the budget and schedule if all four parties agree.
Any changes will be noted agreed to by both parties in the form of a written and
signed change order. in writing.
This agreement does not preclude GW from entering into a bilateral agreement
with any of the utilities, if one might require additional support, for example in
developing information supporting the Project (e.g., helping to characterize that
utility's existing data) or other related efforts.
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ATTACHMENT A:
GEOGRAPHIC SCOPE OF WORK - UPPER CLP
R
C
Professional:
City:
With Copy to:
George Weber, Inc.
City of Fort Collins
Kevin Gertig, City of Fort
1275 Chambers Drive
P.O. Box 580
Collins
Boulder, CO 80305
Fort Collins, CO 80522
P.O. Box 580
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.
4. Design Project Indemnity 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, and reports, 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.
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 seven thousand dollars
($7,000.00) including reimbursable direct costs 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 plans, reports, and other services rendered by the Professional shall
Professional Services Agreement —January, 2005
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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. 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.
8. 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.
9. 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.
10. 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.
Professional Services Agreement —January, 2005
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11. 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.
12. 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 parry, the defaulting party shall be liable to the
non -defaulting parry for the non -defaulting parry's reasonable attorney fees and costs incurred
because of the default.
13. 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.
14. 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
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THE CITY OF FORT COLLINS, COLORADO
By: C � f3 on.A-�<L-
J(�rt�s B. O'Neill II, CPPO, FNIGP
Director of Purchasing &/Risk Management
DATE: G �/
George Weber Environmental, Inc.]
By:
Title: President
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 5/8/06
ATTEST:
(Corporate Seal)
Corporate Secretary
Professional Services Agreement —January, 2005
GEORGE WEBER,INC.
Proposal to
Develop A Cooperative Water Quality Monitoring Program for Cache la Poudre
Water Resources
Submitted by: George Weber, Inc. Environmental (4/26/06)
Submitted to: Fort Collins, Tri-District Water Treatment Plant, Greeley Utilities
PURPOSE AND SCOPE
The purpose of this document is to propose a Project for developing:
• Concept for a comprehensive collaborative water quality monitoring program for
the Cache la Poudre source water of the Greeley, Tri-District Water Treatment
Plant, and Fort Collins drinking water utilities (CLP Program); and
• Strategic plan for implementing this CLP Program.
The Project will attempt to identify the specific source water monitoring needs and
wishes of each of the three drinking water utilities and integrate these seamlessly into
the overall CLP Program concept.
The geographic focus of the proposed Project and CLP Program will be the upper
Cache la Poudre River (CLP), upstream from the last point of withdrawal, the Greeley
intake. (Attachment A)
BACKGROUND
Discussions have been on -going for some time among personnel of the three drinking
water utilities serving most of the Urban North Front Range and George Weber, Inc.
Environmental (GW) who has conducted past studies of Cache la Poudre river (CLP)
water resources. (See for e.g., National Pilot Source Water Assessment
http://www.gwenvironmental.com/water-assessment-intro.htm; and two assessments
and strategic plans for mobilizing stakeholders of CLP stakeholders, i.e., for source
water and for water quality comprehensively
http://www.gwenvironmental.com/stakeholders.htm).
In addition, the City of Greeley has developed and continues a water quality monitoring
1275 Chambers Drive, Boulder, CO 80305.303-494-8572
gwC(?%gwenvironmental.com • www.gwenvironmental.com
GEORGE WEBER,INC.
program for several locations in the watershed.
Currently, the utilities share a consensus that a collaborative comprehensive water
quality monitoring program for their shared source of raw water from the CLP is
desirable. Each of the utilities could benefit if they understand the other two water
quality monitoring
1275 Chambers Drive, Boulder, CO 80305.303-494-8572
gw(q)gwenvironmental.com • www.gwenvironmental.com
programs, and the potential redundancies and/or deficiencies considering the
three independent programs together.
In addition, the utilities share a consensus that GW will provide a pragmatic
contracting mechanism for initiating this work, considering his previous work for
the utilities addressing CLP water resources.
APPROACH
The current independent CLP water quality monitoring programs and the
potential CLP Program essentially are information systems — ones that develop,
maintain, analyze, and use water quality data to support decision making by
each of the three water utilities.
GW will adapt and use a systems approach that he has developed and applied
in the past for understanding an existing information system, identifying the
unmet needs of its users, and developing a preliminary design for a system and
plan for meeting these needs. (See
http //www gwenvironmental.com/planning.htm#infosystems, and
http://www.qwenvironmental.com/promects.htm )
In general terms, the systems approach frames the feature being studied as a
whole, and involves an examination and characterization of the system's
components in order to develop an understanding of how it works. System
components include the context and organization within which the information
system resides, which in turn encompasses the development,
maintainencemaintenance, and analysis of data, and presentation and use the
information to accomplish specific functions achieving the organizational mission.
For the proposed Project, GW will adapt the approach appropriately to the focus
-- the CLP water quality monitoring information system of the three participating
drinking water utility organizations.
GENERAL WORK ACTIVITIES
Simply, the approach will require Project participants, i.e., the three utilities with
support from GW, to:
• Characterize and examine the current CLP water quality monitoring
system of each of the three utilities that have functioned largely
independently of one another;
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• Identify enhancements in these systems, viewed as a whole, that the
utilities collectively perceive as desirable, e.g., from a perspective of
increasing collective effectiveness and efficiency; and
• Develop a preliminary design and plan for implementing a collaborative
CLP water quality monitoring program.
The Project will develop the above information by:
• Developing and completing a questionnaire survey;
• Conducting follow-up interviews and/or email exchanges between GW
and each utility representative;
• Reviewing documents as necessary;
• Conducting not more than two meetings involving GW and the three utility
representatives; and
• Developing a final report presenting findings and action recommendations
for developing a collaborative water quality monitoring information system
for the upper CLP serving the identified needs of the three drinking water
utilities.
UTILITY REPRESENTATIVES' RESPONSIBILITIES
Each drinking water utility will be required to appoint one representative to work
with GW to accomplish the tasks outlined above. The representative for each
utility will be:
• City of Greeley —John McCutchan;
• Soldier Canyon Filter Plant — Bob Reed OR Bill Roberts; and
• City of Fort Collins Utilities — Kevin Gertig.
As the first work activity, GW will develop and provide each representative a
detailed work plan for completing the Project. The detailed work plan will identify
specific tasks, responsibilities, and schedule for completion.
Successful completion of the Project depends on the rigorous commitment,
cooperation, and timely participation of the participating representative of each of
the three drinking water utilities. Specific tasks dependent on utility
representative participation according to the Project schedule include:
• Completing the questionnaire survey;
• Participating in telephone interviews;
• Providing relevant documents in required formats;
• Participating in required meetings;
• Reviewing and commenting on working documents and draft products;
and
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