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HomeMy WebLinkAbout466669 BISHOP-BROGDEN ASSOC INC - CONTRACT - AGREEMENT MISC - BISHOP-BROGDEN ASSOCIATES RESOURCE RECOVERY FARM GRAVEL PITPROFESSIONAL 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 Bishop-Brogden Associates, 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 the scope of services attached hereto as Exhibit "A", consisting of one (1) page, 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 following execution of this Agreement. Services shall be completed no later than June 1, 2010. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3: 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: Bishop-Brogden Associates, Inc. City of Fort Collins City of Fort Collins, Purchasing Attn: Michael A. Sayler Attn: Daylan Figgs PO Box 580 333 West Hampden Avenue, Suite 1050 PO Box 580 Fort Collins, CO 80522 Englewood, CO 80110 Fort Collins, CO 80522 Standard Professional Services Agreement- rev07/09 1 EXHIBIT C INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. 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 Professional 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 Professional 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. CERTIFICATE OF LIABILITY INSURANCE DATE 172010�rr) FV ODUCER Phone: 303-837-8500 Fax: 303-831-5295 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION an Gilder Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 515 Wynkoop, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. enver CO 80202 INSURERS AFFORDING COVERAGE I NAIC # INSURED INSURER A: Travelers Insurance Med A&E Bishop-Brogden Associates,Inc INSURERB:Hartford Insurance Service C 0 333 W. Hampden Ave. #1050 Englewood CO 80110 NsuRERc:CL-St. Paul Fire & Marine Ins INSURER D: C`AVGRA!_FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L POLICY NUMBER POLICY EFFECTIVE DATE M DD POLICY EXPIRATION DATE MM/DD/YYYY LIMITS A GENERAL LIABILITY 6802870L56A 7/29/2009 7/29/2010 EACH OCCURRENCE $ 1 00Q 000 COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED PREMISES Ea occurrence $ 1 0 0 0 000 CLAIMS MADE 7 OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000, 000 GENERAL AGGREGATE $ 2 0 0 Q 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000, 000 POLICY PRO LOC JECT A AUTOMOBILE LIABILITY ANY AUTO BA2871L73909 7/29/2009 7/29/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1, 0 0 0, 0 0 0 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERB AND EMPLOYERTIONS' AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 34WEGKE0438 12/31/2009 12/31/201-0 X WCSTATU- OTH- E.L. EACH ACCIDENT $ 1 0 0 0 0 0 0 OFFICER/MEMBER EXCLUDED? ❑ E.L. DISEASE - EA EMPLOYEE $ 1 0 0 Q 0 0 0 (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ ]- 0 0 Q 00 0 C. OTHER Professional Liability QP03812503 7/29/2009 7/29/2010 Per Claim $1.000,000 Annual Aggregate $1,000,000 Claims Made DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS If required by written contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The Certificate Holder and Owner are included as Additional Insureds for ongoing and completed operations under General Liability; Designated Insured under Automobile Liability; and Additional Insured only with respect to liability arising out of the Named Insured's work performed on behalf of the certificate older and owner. This insurance will apply on a primary, non-contributory basis. A Blanket Waiver of Subrogation See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City Of Fort Collins - Purchasing CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO PO BOX 580 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Fort Collins CO 80522 THE INSURER, ITS AGENTS OR REPRESENTATIVES. 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. M, AUTHORIZED REPRESENTATIVE,4_"_ ACORD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 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 $1,000,000. 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 Ten Thousand Five Hundred Dollars ($10,500.00). 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 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 designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. Standard Professional Services Agreement- rev07/09 2 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. Project 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 City in an AutoCAD version no older then the established city standard. 8. 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. 9. 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 hereunderfor the payment 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 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. Standard Professional Services Agreement- rev07/09 3 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 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. 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 party 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. Standard Professional Services Agreement- rev07/O9 4 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional 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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an Standard Professional Services Agreement- rev07/09 5 investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. If Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 17. Amendment 54. To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B" — Hourly Rates, consisting of one (1) page, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev07/09 6 THE CITY OF FORT COLLINS, COLORADO LK--% By: J es B. O'Neill II, CPPO, FNIGP Diredtovbf Purchasing & Risk Management di I DATE: Z. l Bishop-Brogden Associates, Inc. By: Title: 11, e-e CORPORATE PRESIDENT OR VICE PRESIDENT Date: r •--1-3 - / 0 (Corporate Seal) Standard Professional Services Agreement- rev07/09 7 EXHIBIT A SCOPE OF SERVICES Bishop-Brogden Associates, Inc. (BBA) Resource Recovery Farm Augmentation Plan 1. Prepare for and attend a preliminary meeting with Fort Collins staff to view the property and pit and discuss strategy for the plan for augmentation. This task was completed on November 18, 2009. 2. Review background information, including the previous SWSP's for the pit. Review monitoring well data, the site survey and GPS data for the wetlands and exposed water surface, and nearby stream gauge data to better understand the depth to ground water at the site. This will help determine how frequently there is exposed ground water that needs augmented. BBA will send the City staff recommendations for the items to be surveyed in a separate letter. BBA is coordinating with City staff to obtain the monitoring well data. 4. Based upon the mapping already prepared by the City and the data analyzed in Task 3, determine the area of exposed ground water that needs to be augmented. 5. Using local climate data, calculate the unit rate of evaporative loss from the exposed ground water. This will allow the determination of overall depletions, or replacement requirements for the pit, on a monthly time -step. 6. Analyze the timing of the pit depletions to the river using acceptable methods. As discussed during the November 2009 field trip, it is quite possible that the depletion will be considered instantaneous since the exposed groundwater will be contiguous to a free -flowing stream that passed through the site. 7. Analyze replacement sources the City will use to augment the pit. BBA understands this will probably include the same sources listed in the Kingfisher Pond decree. BBA will evaluate where the impacted water rights are with respect to the pit to assist in determining where the replacement water needs to be made available. 8. Prepare a concise letter report with tables and maps presenting the findings of the analysis. BBA will provide a draft letter to City staff and legal council for review, make any necessary revisions and then follow up with a final letter. This letter will support the City's water court application. 9. Assist in preparation of a water court application. This will include an additional follow-up meeting if necessary. EXHIBIT B HOURLY RATES Michael A. Sayltr BA +�'� C;he1se:ap]�er J. Suitirltra JellityA-CLuk 0mics E. stailzione [Where r.1t?egdc-m . 9ISMOP-BROG017v1 ASSO 1,1TES• iNL. STANDARD SCHEDULE OF CO?v-11 `NSATION Effective lantcaiy 2009 Applicable to Seri, ices ruraished on a Per Flour Basis C1asAfse iFicu PROFESSIONAL STAFF Billiaa l:ntc Principai.......................................................................................... S1335.00-S[65.00 Associate ------ -- ..... • --............._..............................,............. SI 15.00-M 5.00 Project Manager,..... ........................................................................ $110.00-$123.0() Seniorl:n inear{Llyclaal;enlogisi;llydrnlo ist................................. S1t?2.5041I5.00 Project Euigin.cerl.1-lydrogcologistll-iydtologist ..................• 392.504102.50 E»;;incerlFlyclra eal+�bistlFlydrologtst II ................................ .....:.. $80_tit7-$9ry.5!) laagineerlllydrogeologistfll,drnlogist I ......................................... iV2 .... ......... ... ........ ..................... ................... �.50-$92.50 TECI'IMCAL S1)13PORT STAFF DIaft.ing `4'echnician...-.................................. .... ..................:....... S55465.00 Word Prc,:essiiagjA(hrninistmtiovi ............. ........ $50-$60.00 Intern" Technician-----...................................................................... $40 50.170 The above Stwidard'Schedule of Compensation is to periodic: revi:,ion. Tho schedille includes salaiycosts, ordinary overland and profit. Applical)leexpeeises fix• travel and subsistence, incident:�l out -cif pcsc:ket costs, camniuoieatic�ils, telx+its pix;lraration, printing, ot�6sicie:>etTicus; Gtc., are reimbursable at invoice cast plus 10 pr: e-M. Mileage is reimbtu•sed at fifty five (W55) cents per mile. For services iitruished by Senior Officers on direct assignments, such as special consultation, expert Witness, etc., per clad' or per hotu'c.ompensation mny be negat:iated. 333 ti'� twi:FA+ntk�i3emAtie»ur Sa+ �tp51?"E-�glcwoad� Col�rauo 86i+0 :phune 3fl3 PJ1E g45?` i ix �(t3 z�06 �"� 73 t `; 1