HomeMy WebLinkAboutMCBRIDE WATER - CONTRACT - AGREEMENT MISC - STORMWATER BEST MANAGEMENT PRACTICESPROFESSIONAL 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 McBride Water, LLC, hereinafter referred to as "Professional".
WTNESSETH:
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 one (1) page, and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Project and Fee Schedule attached hereto as Exhibit "B",
• consisting of one (1) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence upon signing and shall continue in
full force and effect until March 1, 2009, unless sooner terminated as herein provided.
4. Early Termination by City. 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 addresses:
Professional: City: With Copy to:
McBride Water LLC Utilities Service Center City of Fort Collins, Purchasing
779 Amethyst Dr. Attn: Opal Dick PO Box 580
Steamboat Springs, CO 80487 700 Wood Street Fort Collins, CO 80522
Fort Collins, CO 80521
• In the event of any such early termination by the City, the Professional shall be paid for services
Standard Professional Services Agreement- rev06/07
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.
5. Design, Proiect Indemnity 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
attorneys 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 $N/A.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
according to the following schedule:
Hourly billing rates: $75
Reimbursable direct costs: as billed
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Forty One Thousand Four Hundred Fifty Dollars ($41,450), according to the Project and Fee
Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this
reference. Monthly partial payments based upon the Professional's billings and itemized statements
of reimbursable direct costs 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
is
pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final
Standard Professional Services Agreement- rev06/07
2
payment shall be made following acceptance of the work by the City. Upon final pay-!oit, all
designs, plans, reports, specifications, drawings and other services rendered by the Professional
shall 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..fiange
orders, and other clarification or instruction shall be directed to the City Representative.
7. PFGieGt^^^s—open 6enslasion ef-the pFejest aad be#efe-f+eal pad the
• 8. Monthly Report. Commencing thirty (30) days after the date of executiar- of this
Agreement and every thirty (30) days thereafter, Professional is required to provide fie 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 repoci may,
at the option of the City, suspend the processing of any partial payment request.
9. Independent Contractor. The services to be performed by Professional arr Bose of
an independent contractor and not of an employee of the City of Fort Collins. The City sl^af not be
responsible for withholding any portion of Professional's compensation hereunder for the pa_.rnent of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
10. Personal Services. It is understood that the City enters into this Agreement bxed 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 ass= any
• responsibilities nor delegate any duties arising under this Agreement without the prior- written
Standard Professional Services Agreement- rev06/07
3
consent of the City.
• 11. 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 Citys
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.
12. 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 parry may be declared in default.
13. 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.
14. 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.
15. 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.
• 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Standard Professional Services Agreement- rev06/07
4
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:
and
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
iwork 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. 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
0 shall:
Standard Professional Services Agreement- rev06/07
5
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
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.
Standard Professional Services Agreement- rev06/07
6
•
9
•
THE CITY OF FORT COLLINS, COLORADO
By:
(Jafnes B. O'Neill II, CPPO, FNIG
Director f Purchasing & Risk Management
DATE: �{ Z
McBride Water LLC
By: , � l , r �-�g *5-,-I�.
Title: P" in C , " 1
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 3 ( -I 12-c('611
ATTEST:
Corporate Secretary
Corporate Seal)
Standard Professional Services Agreement- rev06/07
VA
EXHIBIT A
City of Fort Collins Uti dies
• Stormwater Best Management Practices (BMP's) Review
Work Plan
1. Project Kick Off Meeting — March 2008
■ Review history of practices in Fort Collins — Water Shed Approach
■ Facilitate discussion on current practices in Fort Coffins
■ Discussion of community perception and brainstorm causes
■ Present and discuss direction of current technology
■ Present and discuss direction of Regulators
• Identify Potentially Affected Interests (PAI's)
■ Discuss desired outcome
2. Assessment — May 2008
■ Regional — Gather data on what other agencies in Colorado are doing.
■ National —Gather data on what "Best in Class" agencies are doing.
■ Effectiveness — Assess effectiveness of practices.
• Prepare GIS coverage of areas in Fort Collins covered by BMP's.
3. Literature Review — May 2008
■ What is EPA looking for?
■ What are other agencies doing?
■ How effective/sustainable are current and proposed practices?
• 4. Site Visits —July 2008
• Regional — Select agencies for site visits, including best practices" and "effectiveness."
■ National — Select agencies for site visits, including best practices" and "effectiveness."
■ Project Lead Team day trips to as many as 3 regional sites.
■ Project Lead Team trips to as many as 2 national sites.
5. Report Findings —August 2008
■ Prepare report of current Fort Collins practices.
■ Prepare report of assessments, literature review, and site visits.
• Prepare report of recommendations.
• Identify opportunities for LID pilot projects and renovation of current facilities.
6. Public Outreach — September -October 2008
■ Meet with and gather input from PAI's.
■ Meet with and gather input from Water Board, Natural Resources Board, and Planning &
Zoning Board.
■ Hold a public open house to educate and gather input_
■ Obtain input from City Council Work Session.
7. Adoption Process — November 2008 through January 2009
■ Draft criteria and ordinances.
■ Obtain recommendation from Boards and Commissions.
■ Present criteria, land use code, and ordinance changes for City Council consideration.
•
Standard Professional Services Agreement- rev06/07 8
W7
•
EXHIBIT B
Project and Fee Schedule
Background Reports and
Research Presentations Meetings
1. Project Kick Off Meeting
Review Watershed Approach
direction of current technology
direction of Regulators
Discuss desired outcome
2. Assessment
Regional
National
Effectiveness
3. Literature Review
What is EPA looking for?
What are other agencies doing?
How effective/sustainable are current and
proposed practices?
4. Site Visits
Regional (Assume 3 Site Visits)
National (Assume 2 Site Visits)
5. Report Findings
Prepare report of current Fort Collins
practices.
Prepare report of assessments, literature
review, and site visits.
Prepare report of recommendations.
6. Public Outreach
Meet with and gather input from PAI's
Meet with and gather input from Water
Board
Meet with and gather input from NRAB
Meet with and gather input from P&Z
Board
Hold a public open house to educate and
gather input.
7. Adoption Process
Draft criteria and ordinances.
Obtain recommendation from Boards and
Commissions.
Obtain input from City Council Work
Session.
Present criteria, land use code, and
ordinance changes for adoption.
8
8
8
8
8
8
8
4
4
4
16
20
20
4
24
32
16
24
32
4
8
16
40
40
2
16
2
4
2
4
2
4
16
6
40
8
6
6
4
4
8
8
220
210
76
rate/hr $75.00
Total hours (not to exceed) 506
Labor(not to exceed) $37,950.00
Total Reimbursable(not to exceed) $3,500.00
Total Cost(not to exceed) $41,450.00
Standard Professional Services Agreement- rev06J07