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HomeMy WebLinkAboutBIOHABITATS - CONTRACT - RFP - P1126 WETLAND AND RIPARIAN ECOLOGICAL RESTORATIONPROFESSIONAL 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 Biohabitats, 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: Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for P1126 Wetland & Riparian Ecological Restoration per scope of services, in Exhibit "B", consisting of one (1) page attached hereto and incorporated herein by this reference 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 July 16, 2008, and shall continue in full force and effect until July 16, 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 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. stdwopsa rev 07/08 c�ntr€! fabric ar-.ra Seed 120 to 400 ides muU)bg. Larger sites ea:i_.ansira. Seeld cyst !swithmte. aprm: $?S- Plantx,sts are I-osed ai Rc..kp Wintain Nall. -a Rants Ganrony whicli are valicl fcr 2<CjO-2011 (aarltrdhg clbGrenv) [is P. WOPSA 05/01 Valid Tcaliper F25"calipet 13"calil*r EXHIBT D INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverage's shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. WOPSA 05/01 4 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: Biohabitats, Inc. Attn: Claudia Browne 1752 Platte Street, Suite 200 Denver, CO 80202 Fort Collins Natural Areas Program Attn: Rick Bachand PO Box 580 Fort Collins, CO 80522 event of any such early termination by With Copy to: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 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. 2 stdwopsa rev 07/08 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 "C", consisting of two (2) pages, 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. 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. 11. Independent Contractor. The services to be performed by Professional are those of 3 stdwopsa rev 07/08 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. 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. 4 stdwopsa rev 07/08 16. 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. 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. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting 5 stdwopsa rev 07/08 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 Service Provider 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. e. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. THE;Dirme'ctor PITY F FORT COLLINS, COLORADO aes B. O'Neill II, CPPO, FNIGP of Purchasing &Risk Management Date: � ,S Keith Bich, an Date: a ATTEST: Corporate Secr tary" `; stdwopsa rev 07/08 PRESIDENT OR VICE PRESIDENT EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Biohabitats, Inc. DATED: July 16, 2008 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 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 Direct6r of Purchasing and Risk Management (over$60,000.00) Date: stdwopsa rev 07/08 EXHIBIT'B" SCOPE OF WORK General • Consultant will submit preliminary wetland and or riparian restoration design and final design for Natural Resources Program approval. Recommend modifications; work with City designee to modify restoration prescription. • Consultant will maintain ongoing communication with the Natural Resources Program representative during design, construction and for final completion approval. • Communications will include progress reports, changes in schedule, problems and periodic inspection details. • Consultant will oversee and complete any site preparation work required ahead of planting. • The consultant will provide all construction administration and be responsible for all monitoring. • Consultant will ensure quality control over all aspects of project. Soil Management • Consultant will ensure soil suitability prior to planting. • Native topsoil is expected to be salvaged, unless specifically approved by Natural Resources staff. • Natural Resources staff must approve of any soils being brought on site. • Topsoil must be stored in a separate pile from all other soils and in a pile of not more than 4 feet tall. Pile must be labeled as topsoil pile. • Soils must be replaced with sub -soils on the bottom layer and topsoil on the topmost layer. Erosion Control • Erosion control measures (such as silt fence, sediment traps, tracking pads, geofabric and/or bioengineering measures) shall be installed to prevent sediment from being transported off - site during construction activities. • All erosion control efforts must be maintained and in good repair by consultant for the duration of the project. Consultant must remove silt fence at the end of the project. Vegetation and Planting guidelines • Consultant will use only plants native to the Fort Collins region. All plant stock needs to be approved by Natural Resources staff, before planting or seeding. • Wetland forb and grass live plant material must be 10 cubic inch Ray Leach supercell size containers or larger. Woody plant material may be bare -root or larger. • Consultant shall be responsible for ensuring that outside weed seed is not being brought onto natural area. • Salvage plants must be watered immediately following, regularly throughout, and after construction of site. • Consultant shall use and retain proof that mulch used in restoration area is certified weed free. WOPSA 05/01 EXHIBT C FEE SCHEDULE Biohabitats Cost Table prepared 7 r MW CAB Category Rent Unit Unit Cost Installed oast Comments Personnel Professiliaf cervices Rind Sol H."Ur fate $ 145,00 1;1) All labor e. for alright ralvv. Ilr.rlima tour, aWj to houm v04i.d n.tt.a. or ao hour cck 3 lima and a ha(. Professional Services 1 Hurt rate $ 125.00 'We slsc� hwe an EngirHer cabej:q of $IC6 which nwo be appliable fcr some oske. PM Professional =arvices 2 Hxtr , rate 1 $ 95.00 Sr Env. Se, Professicm Services 3 ftirly rate 1 $ 8S.01) Env. Sr Protessonal Servicas 4 H_ur - rate 75.00 Tech GI&A toC, al) Harr l rate 85.00 Labx lkurN rate 45.00 FCrentan sr operator tkurty rate . 35.00 Equip Operate li_ufty fate 25.00 Entry loyal mist. Costs fvlcbilizatmNanotilization bawork sites in ROOM* VlprC46a 5Q la.a cf ar Li -ntent Other braise.. Casts Plant IAatetial sd11v Z Plants GJttCtwJood TI'ae 2.5" Caliper hail and burlap idelivared to Ft Oc insl iP< iiNs c'al'oifl'es Lsp Aw,- Afra 1300.0-3S0.00 No d,k, rj charya ur ordcm as la ilNn Cirj linib. w.wil aticraw to Ind kco.xv.nrirq owrccsf" ltroo matcdak. Fuvaycg oev and wrxic .add:ndum tabl> Plains oct[ .f wCod Traa 5" caliper ball and Mule IdeLK red to Ft C<Cnsl 1 $ 400.00 No dcn,a7 chary. hr ordcrc a.r to ilfin Pitt knits 'NQwil allunpl to Ind leas riab. Forvarying Dto and malcdab. Fu'wryug acw and ecrxin rAa add:ndum labla c;<vcta wl Ixb+ a .ea lSau asr aJ uu bun, 14Xapp. Pro, on shrubs C ha'ac eHy MI an; tf apt UyIIW fed to Ft Ccllnsi f F%uws Vrgomna vsr, rlta(yl4CA ny 1 $15.00-noo t,45-117 5 sl contaitwr mancan :urn I wtus atlha ncanal 7!Ju-..., iao nourrant fPressureitmf as ) .9 .'S Sanj,Awr' 'Pruow r _ e41't ea(fl $ 14.05 S 44.E - ili lbbaf fabtithRISh nwseosys) each $ 14.g5 8 44.SS Wc.--Ts Rose (Rom woa,Wit each 14.a5 44M Threw leaf smtac( RAua wfotwa) each $ 14.gs $ 44.35 Pea.h-laafwillcw (SaiixaFr cWades) each $ 14.95 $ 44.86 latiand plugs tJsbraska sedge(Csr-ee nair¢-xeYluis) 1 $ 0.44 2.04 CGmYi three-sgtkYa (ScfxeJmtgeo. ^un wnaf i 1.V3 t 3.27 Hardstem tulrush ? 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