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Home My WebLink AboutEDAW - CONTRACT - RFP - P1099 URBAN ENVIRONMENTAL ADN LAND USE CONSULTANT 31856PROFESSIONAL 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 EDAW, Inc., 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 any project Work Orders for P1099, Urban, Environmental and Land Use Consulting issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) pages and is incorporated herein by this reference. 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 within five (5) days of signing, and shall continue in full force and effect until April 3, 2009, 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. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as SA rev06/07 MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER LOS-000495083-26 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER T14M THOSE PROVIDED IN THE CA License 110437153 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 777 South Figueroa Street AFFORDED BY THE POUCIES DESCRIBED HEREIN. Los' 90017 COMPANIES AFFORDING COVERAGE _..__.__.. ..... .._..___.__. _. ._ ........_.____. Lori Bryson r on Attn: Lori Bryson 213-34Gu4G4 COMPANY 65108-PROFa-CAS2-08_09 FTCOL ALWC WS A 7_URICH AMERICAN INSURANCE COMPANY INSURED _._...._..._. _...._._. COMPANY EDAW, INC. B N/A 240 E. MOUNTAIN AVENUE __..._-- _._.____ _... __......_.... __.._ _...._.._._. ._._.._._.___. FORT COLLINS, CO 80524 COMPANY C N/A COMPANI' D Illinois union Insurance Company -COVERAGES. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, CONDITIONS AND CXCLUS10148 OP SUCH POI.ICIFS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEI POLICY EXPIRATION1 LTR LIMITS DATE(MIAIDDIYY) DATE IMMIDOIYY) A GENERAL LIABILITY JGLO 596589100 04/01/08 I 104/01/09 $ 2,000,000 GENERAL P(`OREGniL X COMMERCIALGENERAL LIARLITI' - PRODUCTS GOMPICP AGG a $ 4,000,000 CLAIMSMADE Ix I OCCUR I PERSONAL & AOV INJURY $ 2 000 000 OWNER'S&CONTRACTOR'SPROT EACH OCCURRENCE $ 2,000,000 $ 1,000,000 MED EXP (Any ono Pomon $ 5,000 A AUTOMOBILE LIABILITY BAP 5965893 00 04/01/08 04/01/09 COMBINED SINGLE LIMIT 1000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY �$ $ SCHEDULED AUTOS (Per Dols..) _ HIRFDAU'rOS BODILYINJVRY $ NON OWNED AUTOS (Pet Becdem) "'------- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY _ EACH ACCIDENT . _ $ _ ...__J _. .._......__.__... AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WOBI(ERS COMPENSATION ANO EMPLOYERS' LIABILITY i TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR/ WCL PARTWCRSICXECUTIVE -- TI. DISPASF POlICYIIMIT .. __.. $ OFFICERS ARE: GYCL CL DISEASE EACH EMPLOYEE, EE $ OTHER -- $1,000,000 p ARCHITECTS & ENS. EON G21654693 002 04/01/08 04/01/09 PER CLAIM/AGGREGATE PROFESSIONAL LIABILITY ""'CLAIMS MADE""' DEFENSE INCLUDED DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPE tI (ITEMS RE: PROJECT #4F002.01 / GARDENS ON SPRING CREEK CHILDREN'S GARDEN THIS CERTIFICATE IS ISSUED AS RESPECTS LIABILITY ARISING OUT OF THE WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED, SEE ATTACHED WAIVER OF SUBROGATION ENDORSEMENT, CERTIFICATE HOLDER GANCELi.ATION.. BHOULO ANY OF THE POLICES DECRIBCD HEROD BE CANCELLED BEFORE THE EXPIRATION DATE. TtEREOP, THE "SURER AFFORDING COVERAGE "ILL ENDEAVOR TO MIL _3.0 DAYS WRITTEN NOTICE TO THE CITY OF FORT COLLINS : ATTNJAMES B. O'NEILL It CERTIFICATE HOLDER NAMED NEREW. BUT FAILURE TO WIL SUCH NOTICE $'IALL IMIpSE NO OBLIGATION OR DIRECTOR OF PURC14ASINC RISK MGMT, LIABILITY Or ANY KIND UPON THE INSURER AFFORDING COVERAGE, US AGENTS OR REPRESENTATIVES. OR THE P.O. BOX 580 FORT COLLINS, CO 80522-0680 ISSUCROF'rHISCERTIFICATE. AUTHORISED REPRF.A.TAHVE RoEorvies �/�J.1�7�� •%M BY: David DenihOf`f� A�� I�1► MMT(3102) VALID AS OF:03/31108 published by the Colorado State Planning and Budget Office. 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: EDAW, Inc. City of Fort Collins City of Fort Collins Attn: Bruce Meighen Attn: Ken Waido Attn: Purchasing 240 East Mountain Avenue 281 North College 215 N. Mason 2"d Floor Fort Collins, CO 80524 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, Proiect 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 and errors and omissions insurance in the amount of 1,000,000. SA rev06/07 2 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. At the election of the City, each Work Order will not exceed $75,000.00. 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. Proiect 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. 10. 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. SA rev06/07 3 11. 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. 12. 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. 13. 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. 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, 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. SA rev06/07 4 16, Bindinq 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. 17, 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. 18. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the 'Basic Pilot Program") in order to confirm the employment eligibility of all newly hired employees. b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. SA rev06/07 5 C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. d. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. g. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential SA rev06/07 damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLINS, COLORADO By: , m s B. O'Neill ll, CPPO, FNIGP it ctor of Purchasing & Risk Management Date: y/, (. /n )ENT Date: 7,� ATTEST: Jy ` L (Corporate Seal) Corporate-Smret-a y Qt�,e Pam,-&� SA rev06/07 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): 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. Professional SA rev06/07 Acceptance User The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. City of Fort Collins By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $30,000.00) Date: EDAW understands that the first two work orders for the project, Tim- nath Land Use Plan Items, and Mountain Vista Subarea Plan — Update are still to be defined. Based on our current understanding of these projects, we estimate that the cost will not exceed $50,000 per project. EDAW's hourly rates are inserted here for reference. EDAW Fort Collins Standard Hourly Rate Schedule January Z0Q8 SCHEDULE OF FEES for Professional Services Position Hourly Rates Principals $195.00 - $207.00 Senior Associates $122.00 - $158.00 Associates $73,00 - $119.00 Landscape At chilecilPlamwr $50.00 - $90.00 Administrative/Word Processing $64.00 - $81.00 IGiaiul�l�l.�r.�arR+s� Consultants: Cost plus 10%. Travel: Private vehicles @ current government rate as regulated by the I.R.S. Commercial travel and related expenses at cost plus 10%. Taxes: Any tax and/or fees imposed by a taxing authority based upon gross revenues or sales shall be reimbursable in addition to the fee stated in this contract. Other project expenses: cost plus 10%. Such as: Printing, graphics, photography and reproduction, rental or purchase of special equipment and materials, long distance telephone, fax, special shipping or delivery, models and renderings, lodging and subsistence. Lon:v 1 11C _I i 1. 4 r, , ::I. .-+_ 9 stdwopsa rev 06/07