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HomeMy WebLinkAboutURS GREINER - CONTRACT - AGREEMENT MISC - PSAWOPROFESSIONAL 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 URS Corporation, 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 URS Corporation, 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. 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 August 29, 2008, and shall continue in full force and effect until August 31, 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 two (2) 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 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, Non-std approved legal 8/26/08 2 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND URS DATED: 8/29/08 Work Order Number: No. 1 Purchase Order Number: Project Title: Prospect South Conditions Study Commencement Date: September 8, 2008 Completion Date: October 15, 2008 Maximum Fee: (time and reimbursable direct costs):$9,760 Project Description: Prospect South Conditions Study Scope of Services: See attached 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 By: /�'c-ur�-��i, ' — - Date: %C` The attached forms consisting of five_ (5) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. City o (ins By: Cs: Project Manager By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: C( stdwopsa rev 07/08 Prospect South Conditions Study Project Workplan, Schedule and Budget 1. PROJECT WORKPLAN The following description of tasks is based on the City's RFP and PROFESSIONAL s experience on similar projects. It provides additional detail in terms of subtasks and deliverables. Task 1. Inventory and Preliminary Draft Conditions Study Project Set-up and Data Collection The PROFESSIONAL team will finalize with City staff the Prospect South Existing Conditions Study goals, preliminary survey area boundary, scope of services, and schedule. The City will identify appropriate City Department contacts and PROFESSIONAL will contact and/or meet with them to obtain relevant data and information. As necessary, PROFESSIONAL will meet one-on-one, by telephone, or in small group meetings. Project Base Maps The City will provide PROFESSIONAL with electronic GIS base map files and/or aerial photographs that document the location of streets, buildings, open space, parcel boundaries, neighborhoods, and other physical and political information (e.g. - crime statistics) that are identified as relevant to the survey. We will also compile Assessor Parcel information for the preliminary study area. The PROFESSIONAL team will produce additional map products intended for general planning use for the study area and area of influence. The extent of this task will be dependent on the available mapping, map products desired by the City, and discussions with City staff. The URS team will also prepare base maps for use during the field survey phase of the study as well as map products to be used to document and present the findings at the conclusion of the Study. Preliminary Study Area Boundaries The PROFESSIONAL team will work with City staff to collect and analyze relevant physical information within the survey area that may be necessary or helpful to the survey goals, such as information on public facilities; property ownership; street layout; parking; land use; utilities; code violations; and other appropriate data. This analysis will include preparation of an Opportunities and Constraints map. The purpose will be to document existing conditions in order to identify appropriate Study Area boundaries. Following the mapping and analysis exercise and discussion with the City, the project team will establish Study Area boundaries for the Existing Conditions field survey. These will be presented to the Urban Renewal Authority for approval Prospect South Conditions Study Project Workplan, Schedule and Budget Pliase l Field Survey The PROFESSIONAL team will conduct a detailed on -site survey assessment of the survey area for the purpose of identifying and documenting conditions that meet the criteria of "blight" as required and defined by Colorado state statutes. Our methodology involves a phased approach in performing the field survey of the site. This customized approach provides the potential to reduce the overall cost of the survey and to complete the survey in a shorter period of time. Our phased approach is based on the premise that there are different levels of effort required to survey and document the 11 criteria used to determine conditions of blight as defined in the Colorado Urban Renewal Law (C.R.S § 31-25-101 et sec.). The 11 criteria are: 1. Slum, deteriorated, or deteriorating structures 2. Predominance of defective or inadequate street layout 3. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness 4. Unsanitary or unsafe conditions 5. Deterioration of site or other improvements 6. Unusual topography or inadequate public improvements or utilities 7. Defective or unusual conditions of title rendering the title non - marketable 8. The existence of conditions that endanger life or property by fire or other causes 9. Buildings which are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities 10. Environmental contamination of buildings or property 11. Existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements Phase 1 consists of surveying for conditions identifiable with seven (numbers 1-6 and 11) of the 11 criteria from the above list. Based on our experience in conducting blight studies in many different urban and suburban settings, these seven represent the most commonly observed criteria that contribute to a finding of blight, As a result, our approach is to initially survey the site for these seven criteria as a Phase 1 reconnaissance and analysis. If, through the Phase 1 survey, we identify and document strong and clear evidence of blight conditions in a sufficient number of the 11 criteria to satisfying the requirements of the Colorado urban renewal statutes, we could proceed at that point, at the City's discretion, with the preparation of our findings, analysis, and draft report. However, if after the Phase 1 survey we do not Prospect South Conditions Study Project Workplan, Schedule and Budget find sufficient evidence of blight or if the evidence found is only marginally compelling, we would then proceed to survey the site for the remaining four criteria (numbers 7 —10) as a Phase 2 field survey. Three of these four remaining criteria (all but "Defective or Unusual Conditions of Title") require a survey of the site with a technical focus on those elements that would qualify as evidence of environmental contamination, fire and health hazards, building structural defects, etc. For this phase, if required, we have available PROFESSIONAL specialists in the fields of environmental, facility engineering, and transportation analysis. This phased approach gives the City the flexibility to reduce the duration and cost of the study by not surveying for those blight conditions that require a more technical analysis, if ample evidence has been identified among the first set of criteria to easily support a finding of blight. On the other hand, at the City's direction, PROFESSIONAL is exceptionally prepared to survey the site for all 11 criteria from the beginning. In the budget section of this proposal, we have provided a cost breakdown for both phases of the site survey task. Also, our cost estimates for completing Task 2 assumes a survey area as described in the RFP, with reasonable adjustments. Task 2. Preparation of Existing Conditions Study Report Draft Report The PROFESSIONAL team will organize and analyze its findings from Task 1 into conclusions based upon Colorado Urban Renewal Law. The PROFESSIONAL team will submit a Draft Report to the City for review and comment. The specific elements of the Draft Report will include: 1. Blight Study Purpose and Methodology 2. Study Area Location, Definition and Description 3. Study Area Map 4. Colorado Urban Renewal Law 5. Conditions Contributing to a Finding of Blight 6. Field Survey Findings 7. Conclusion of Findings B. Appendix (location map, blight conditions parcel matrix, blight conditions photographs and matrix). Final Report After receiving comments from City staff and the City Attorney based on his review of the Draft Report, PROFESSIONAL will make the necessary edits and prepare and publish the Prospect South Conditions Study Report. PROFESSIONAL will Prospect South Conditions Study Project Workplan, Schedule and Budget be available for questions but we assume that City staff will make the presentation to City Council. 2. PROJECT SCHEDULE The proposed project schedule is shown below and begins with a Notice to Proceed date established by the City: PROJECT SCHEDULE Prospect South Existing Conditions Study TASK DESCRIPTION Week 1 2 3 4 5 6 Task 1 - Inventory and Preliminary Boundary Conditions Stud Project Set-up and Data Collection - Project Base Maps Preliminaa Study Area Boundaries Phase 1 Field Survey Task 2 - Boundary Conditions Study Report Draft Report Final Report Note: Existing Conditions Study can be accomplished within a period of 6 weeks (or less). Public presentations and hearings would follow submittal of Final Report 3. BUDGET Project Budget The table on the following page outlines the proposed labor costs and direct expenses to complete the Prospect South Existing Conditions Study. Project fees will be billed monthly on a time -and -materials basis. The hourly billable rates shown in the table on the following page approximate a 2.8 multiplier for the employee positions anticipated to work on the survey, for purposes of establishing the project budget. Labor charges invoiced will be based on a 2.8 multiplier of each employee's actual raw rate. Labor costs for additional efforts beyond that described in the tasks above, as well as for expert testimony and preparation for court appearance(s) by PROFESSIONAL are not included in the proposed budget and would also be billed at a 2.8 multiplier of the employee's raw rate. Prospect South Conditions Study Project Workplan, Schedule and Budget Direct expenses include meals and mileage for the on -site field survey effort, as well as other miscellaneous direct expenses for the project duration. Also included in the direct expenses budget is the production and transmittal of up to five bound, color copies of the final report and a CD-ROM containing all electronic final report files. At the City's request, additional copies of the final report can be provided at cost. LABOR EXPENSE BUDGET Prospect South Conditions Study TASK DESCRIPTI011.. Project Sbff Grad. Total Manager PIC Planner Planner GIs Admin Graphics Total Dollars ($) $156 $140 $SO $61 $W $SD $75 Hours Task 4 - Inventory and Preliminary Boundary conditions Study Project Set-up and Data Collection 4 1 6 4 4 19 $ 1,694 Project Base flops 4 4 $ 680 Preliminary Study Area Boundaries 4 $ 2810 Phase 1 Field Survey 4 S 16 28 $ 2,304 Subtotal $ 4,8$8 ;.Task 2 - Boundary Conditions Study Report Draft Report 8 1 4 12 2 4 2 33 $ 3,038 Final Report 4 1 2 4 $ 1,184 Subtotal $ 4,222 '.Expenses $ 700 TOTAL 26 3 14 46 6 8 6 66 $ s,766 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: Mr. Ted Rutledge, Vice President URS Corporation 8181 E. Tufts Ave Denver, CO 80237 In the event of any City: Purchasing Division City of Fort Collins 281 N. College Ave. PO Box 580 Fort Collins, CO 80522 early termination With Copy to: Christina Vincent City of Fort Collins 281 N. College Ave. PO Box 580 Fort Collins, CO 80522 paid fnr servira< 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, all of which shall be performed in accordance with the professional standard of care and Professional shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies in its Work. 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 $1,000,000 combined single limits and errors and omissions insurance in the amount of 1,000,000. Non-std approved legal 8/26/08 3 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(s), 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 with the exception of any intellectual property rights owned or created by Professional prior to the effective date of the Agreement; and/or created, outside the scope of the Agreement. 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. A "CD" disc of the as -built drawings shall also be submitted to the owner in an 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 4 Non-std approved legal 8/26/08 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 an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible forwithholding 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 prevailing party in any such action shall be entitled to its reasonable attorney fees and costs incurred because of the default. Non-std approved legal 8/26/08 5 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 6 Non-std approved legal 8/26/08 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. 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. Non-std approved legal 8/26/08 THE CITY OF FORT COLLINS, COLORADO ame B. O'Neill II, CPPO, FNIGP e for of Purchasing & RiskManagement Date: (� URS Title: t' CORPORATE PRESIDENT OR VICE PRESIDENT Date: e; HOC Corporate-Seeretarq Assistant Corporate Secretary Carol F. Brandenburg -Smith URS Corporation (Corporate Seal) Non-std approved legal 8/26/08 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 12 Date: 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 $60,000.00) Date: Non-std approved legal 8/26/08 Exhibit B URS Corporation Billing Rates (2008) updated: 8-27-08 Project: Prospect South Existing Conditions Study Category Hourly Rate ($) Prinicipal in Charge 140 Project Manager 156 Staff Planner 80 Graduate Planner 65 GIS 80 Administrative 60 Graphics 75 Staff and staff categories not listed in the table will be billed at 2.8 x direct hourly salary, stdwopsa rev 07/08