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HomeMy WebLinkAbout492196 RESOLUTION PLANNING - CONTRACT - AGREEMENT MISC - RESOLUTION PLANNINGPROFESSIONAL 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 Resolution Planning LLC, 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 two (2) pages, and incorporated herein by this reference. 2. Contract Period. The services to be performed pursuant to this Agreement shall be initiated upon signing this Agreement. Services shall be completed no later than January 31, 2012. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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: Resolution Planning LLC City of Fort Collins City of Fort Collins , Purchasing Attn: Mark Lorie Attn: Rick Bachand PO Box 580 1649 W. Swallow Road PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80526 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 Standard Professional Services Agreement- rev03/10 1 .TT.H 16. R }" CERTIFICATE OF LIABILITY INSURANCE Root 09-09 2011 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONALINSURED, the policylies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and Conditions of the policy, Certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). VAN GILDER INSURANCE CORP/PHS 341438 P: (866)467-8730 F: (877)905-0457 PO BOX 33015 SAN ANTONIO TX 78265 NAMTACT E: PHONE FAX (866)467-8730 AC. NoI: (877)905-045 MaNOEtt: ADDRESS' Y: CUSTOMER" INSURERISI AFFORDING COVERAGE NAM /l5N® RESOLUTION PLANNING, LLC 1649 W SWALLOW RD FORT COLLINS CO 80526 INSURER A: Hartford Casualtv Ins CO INSURER B: INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS IS TO CERTIFY THAT 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 -OR CERTIFICATE MAY BE ISSUED MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rrRE ar slscRAMCE wON,cr AUEreNTr RAWV rrrri ffA* D/rYVY/ Nasrs EACH OCCURRENCE 6 2 000 000 ERCIAL GENERAL UARIUTY PREMISES IE. oavraral 6300,000 MEDEXPIfimorePvaosl 6 10,000 ANMSMADE N OCCUR ZXGeneralLiab X 34 SBW VR8626 09/15/2011 09/15/2012 PERSONAL&ADVINJURY 62,000,000 GENEAL' AGGREGATE 64,000,OOO UMIT Pm: PRODUCTS-COMP/OP ADD 64,OOO,OOO Y I X LOC 6 AUlOYOBA£ EAef� COMBINEDSINGLE UMIT SINGEMIT ANYAUTO IEe.rDl 6 2, 000, 000 BODILY INJURY IPs pe,ann) 6 ALL OWNED AUTOS BODILY INJURY IPa ecMenU B SCHEDULED AUTOS A ID1®AMOS 34 SBW VR8626 09/15/2011 09/15/2012 X X NONrnvNED AMOS 6 6 1IAB OCCUR EACH OCCURRENCE 6 AGGREGATE 6 L1.'QSS 11Aa ClAlMS#1ADE DEDUCTIBLE 6 RETENTION 6 6 WDN�J13COle'E TIGN ANVB OrfRS'NABAT' WCSTA MIT YIN ANY PROPWETORIPARTNEi/IXECUTIV eFRCIRIMEMBEIi IXCD1Oml N/A EL EACH ACtlDFNT 6 tr AED I 3e little EL DISEASE - EA EMPLOY 6 EL DISEASE -POLICY UMIT 6 ESCHV DESCWPnON OF OPENTIONS xM. DES(,Y1pnONOF019rATIDNS/[OG61rQY5/YFrKYLS M(Wi ACDI(D r01, AAf16e�NnyNi $tlwrait NI�� �p tr nPA�OI Those usual to the Insured's Operations. The certificate holder is additional insured on the business liability policy per business liability form SS0008 attached to the policy. rcOTinrnrc un, nco _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE The City of Fort Collins, Colorado DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 580 AI/rMN®�AT FORT COLLINS, CO 80522 7yam, 1988-2009 ACORD CORPORATION. All rights ,wwrvwd T+ Vnu LD 14vuUlua) 1 ne ACORD name and logo are registered marks of ACORD PAGE 4 ON NUSAA CASUALTY INSURANCE COMPANY ADDL INFO RFNFWAITOF GE MAIL MCH-M-I � kv rA (A Stock Insimence Company) saa 03 04 ve POLICY NUMBER (, SW 9800 Fredericksburg Road - San Antonio, Texas 78288 00751 93 97C 7103 9 Te,. COLORADO AUTO POLICY POLICY PERIOD: (12:01 A.M. standard time) RENEWAL DECLARATIONS EFFECTIVE JUN 10 2011 TO DEC 10 2011 OPERATORS 01 CASSANDRA BLAIR LORIE ATTACH TO PREVIOUS POLICY Named Insured and Address 03 MARK A LORIE CASSANDRA BLAIR LORIE 1649 IN SWALLOW RD FORT COLLINS CO 80526-2233 Descri tion of Vehicles VEH USE' woaa 001. VEH NAME BODY TYPE ANNUAL MILEAGE IDENDFlCATION NUMBER Sl'M M 'es yQ1° y 03 02 HONDA CIVIC LX SEDAN 4D 12000 1HGES15552LO67903 P 04 05 SUBARU OUTBK2.51 AW UTL4X44D 25000 4S4BP61C657378768 P The Vehicle(s) described herein is principally garaged at the above address un egg otherwise stated. wrc=ft kr nsa B=&.F=Fenn P-P�, VEH 03 FORT COLLINS CO 80526-2233 VEH 04 FORT COLLINS CO 80526-2233 is o icy provides t ose_ coverages ere a premium Is Shown below. a Inns s own may �ie reduced by policy provisions and may not be egardless of the number of =bind vehicles for which a remrum is listed unless specifically authorized e`sewhere in this policy. COVERAGES LIMITS OF LIABILITY VEH 03 6-MONTH VEH 04 6-MONTH VEH VEH (-ACV' MEANS ACTUAL CASH VALUE) D=DED I PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM MOUN $ MOUN $ NOUN $ AMOUNT $ PART A - LIABILITY BODILY INJURY EA PER $1,000,000 EA ACC $1,000,000 81.34 74.93 PROPERTY DAMAGE EA ACC $ 500,000 55.76 54.37 ART B - MEDICAL PAYMENTS EA PER $ 10,000 19.78 17.02 ART C - UNINSURED MOTORISTS BODILY INJURY EA PER $1,000,000 EA ACC $1,000,000 SEE UM B I PC LICY PF EMIUN BELOW ART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS D 50 61.72 50 74.07 COLLISION LOSS ACV LESS D 100 113.33 100 115.47 RENTAL REIMBURSEMENT $ 30 A DAY/$ 900 MAXIMUN 21.60 21.60 TOWING AND LABOR 6.00 6.00 VEHICLE TOTAL PREMIUM 359.53 TOTAL PREMIUM - SEE FOL�363.461(S) LOSS PAYEE EH 03 NASA FEDERAL CREDIT UNION, UPPER MARLBORO MD EH 04 NASA FEDERAL CREDIT UNION, UPPER MARLBORO MD ENDORSEMENTS: ADDED 06-10-11 - NONE REMAIN IN EFFECT(REFER TO PREVIOUS POLICY)- A401CW(01) A10000(09) A40000(01) AOASA(01) 510000(02) INFORMATION FORMS NOT PART OF POLICY)- 3065 13 93984 01 031 RMF4 00 0 41 RMM3$00000111 E IF ... .....-�-- ....—..�..., ..� ...+,..-.�.. .,,,� Pa,e,q w uv opus— uy uul rteaiuCtu aim Jeuetary at Jan Antonio, texas, on this date APPRIL 19, 2011 9;.56;0&Q0L 5000 C Steven Alan Bennett, Secretary Stuart Parker, PleWmt 94738-1110 Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. 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, according to the Insurance Requirements attached hereto as Exhibit "B", consisting of one (1) page. 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 Twenty Five Thousand Five Hundred Dollars ($25,500.00). 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. 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 Standard Professional Services Agreement- rev03/10 2 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 hereunder for 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. 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 Standard Professional Services Agreement- rev03/10 3 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 often (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. 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. Standard Professional Services Agreement- rev03110 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 investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. I. 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. Standard Professional Services Agreement- rev03/70 THE CITY OF FORT COLLINS, COLORADO By: U il m s B. O'Neill II, CPPO, FNIGP Directoe,,of�urchasing & Risk Management DATE: Resolution Planning LLC BY: Title: CORPORATE E PRESIDENT O VICE PRESIDENT Date: '77 / 212-y l l ATTEST: (Corporate Sea]) Corporate Secretary Standard Professional Services Agreement- rev03/10 EXHIBIT A SCOPE OF WORK Poudre River Vision- A Framework for Analysis Background of the Project Goal: Develop a model of the Poudre River that will predict various trajectories of ecological change based on multiple responses to an interacting set of drivers. The results of this model will reflect the complexity and interdependence of physical and biological components of the lower Poudre River ecosystem to contemporary stresses and probable future changes to the system. The product will be 4-6 future states described both in detail (quantitatively and with management prescriptions) at a broad, general level (drawings, generic descriptions). Application: This project will provide a platform for a discussion among city leaders about preferred future ecosystem conditions (The Vision), understand the parameters associated with the vision, and identify steps toward feasible solutions for those conditions. Specifically, the model will inform policy and determine priorities for both watershed restoration and local management strategies. Project staffing structure: Steering committee is comprised of 3 river scientists (Poll, Bledsoe, Sanderson) who are ultimately responsible for the content and project outcomes. Mark Lorie will work on behalf of the steering committee and direction provided. Description of Tasks: Task 1 — Background research — Conduct a literature review based on input from Core Team and peer review team; develop firm understanding of Bayesian Networks through research and working with Brian Bledsoe and/or other experts. Survey available data and models that can be used to populate a Bayesian Network. Task 2 — Workshop I — Present summary of background information, available data and models; develop and present a conceptual model; co -facilitate a discussion about a conceptual model and how to improve the model, and populate and use it; begin discussing preliminary state categories for the Bayesian Network and transition probabilities; document the workshop. Task 3 — Develop Draft Model — create a graphical schematic in Excel and populate it with preliminary categories and probabilities; summarize preliminary results and outstanding issues; develop some options for resolving outstanding issues; meetings and/or phone conferences with members of the core team throughout; keep the team updated on progress with regular email and other communications, such as use of a online file sharing service. Task 4 — Workshop II — Present draft model, preliminary results and outstanding issues, including background information for justification, to the peer review team; co -facilitate discussions; document feedback from the peer review team. Task 5 — Revise Model — Discuss peer review results with core team and make changes to model based on that feedback. Meetings and/or phone conferences with members of the core team throughout; keep the team updated on progress with regular email and other communications, such as use of an online file sharing service. Standard Professional Services Agreement- rev07/09 Task 6 — Workshop 3 — Present and discuss preliminary results of the model and make decisions about how to make final changes; document results of the workshop. Task 7 — Revise model — make changes based on Workshop 3. Meetings and/or phone conferences with members of the core team throughout; keep the team updated on progress with regular email and other communications, such as use of an online file sharing service. Task 8 — Workshop 4 — Final peer review workshop; present results as they will be presented to the council and as they will be written up in a report; get recommendations from peer review team on final modifications; document results of the workshop. Task 9 — Finalize model and document results — make final tweaks to the model based on peer review; write project report and/or white paper; develop materials for presentation to City Council. Task 10 — Provide support for Natural Resources staff presentation to City Council. Task 11 — Provide feedback based on City Council comments, revise models, revise reports and documentation. Summary of Time Required by Task, Total Cost Task Hours 1 Background research 24 2 Workshop I (core team) 12 3 Draft Model 60 4 Workshop II (peer review) 8 5 Revise Model 16 6 Workshop III (core team) 12 7 Revise Model 16 8 Workshop IV (peer review) 8 9 Final model, documentation 32 10 City Council Presentation (support) 8 11 Revise model; documentation 8 TOTAL HOURS 204 Hourly Rote $125 Total Cost $25,500 Standard Professional Services Agreement- rev07/09 EXHIBIT B INSURANCE REQUII 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. Standard Professional Services Agreement- rev07/09