HomeMy WebLinkAbout450506 DITESCO LLC & 150670 STANTEC INC - CONTRACT - RFP - 7515 CONSULTING ENGINEERING SERVICES FOR FUTURE WA (2)PROFESSIONAL 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 Ditesco, 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 any
project Work Orders, negotiated as services are needed, for 7515 Consulting Engineering
Services for Future Water, Wastewater & Stormwater Facilities Capital Improvements,
issued by the City and in accordance with the Scope of Services attached as Exhibit A,
consisting of one (1) page and incorporated herein by this reference. A blank sample of a
Work Order is attached hereto as Exhibit B, 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. Irrespective of references in Exhibit A and issued Work Orders to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
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.
EXHIBIT A
SCOPE OF SERVICES
Consultant is to provide engineering consultation services during the assessment,
design and construction phases of water, wastewater, and stormwater infrastructure
improvement and rehabilitation projects.
Included are studies, engineering design, surveying and construction management
services for projects as they are required. Projects may be related, but not limited to
water pipelines, stormwater and sanitary sewer pipelines, drainage channels, detention
ponds, improvements at the City's Water Treatment Facility and Water Reclamation
Facilities, and development and modification of water distribution and wastewater
collection systems models.
The Consultant will participate in the City of Fort Collins Utilities' Alternative Product
Delivery System (APDS) during the design and construction phases of future projects.
10
EXHIBIT B
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Original Bid/RFP Project Number & Name:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
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.
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
Professional
11
City of Fort Collins
By:
Project Manager
Date:
By:
Gerry Paul
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
EXHIBIT C
INSURANCE REQUIREMENTS
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.
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.
12
EXHIBIT D
FEE SCHEDULE
13
ditesco
Project and Construction Services
Ditesco
2013.2014 Waae Rate Schedule
1315 Oakridge Drive - Suite 120
Fort Collins, CO 80525
970.204.1673 fax
ditescoservices.com
Principal:
$115.00 - $125.00 per hour
Project Manager:
$95.00 - $100.00 per hour
Engineer:
$92.00 - $110.00 per hour
Construction Manager/Resident Engineer:
$91.00 - $94.00 per hour
CAD Design
$65.00 per hour
Administrative:
$55.00 per hour
Mileage Reimbursement:
$0.75 per mile
Subconsultant Markup
5% of cost
All other costs at direct expense
Terms
30 days net
Page 1 of 1
FEE SCHEDULE CTLITHOMPSON
EFFECTIVE JANUARY, 2013
Personnel Includes analysis and preparation of reports, calculation time, travel, consultation, sample preparation and direct supervision of the CTL
190 / hour
Field
Drilling
and Sampling
with a 4-inch Auger
$135 / hour
Investigation
Drilling
and Sampling
with Hollow Auger
160 / hour
Services
Drilling
and Sampling
with Track -Mounted Rig
Add 65 / hour
Drilling
and Sampling
with Rotary Dnll
Cost +15%
Outlying Areas (more than 1 hour, one-way) 2.25 / mile
Auto or PickuD Mileage (Out Of Town Mohili7Atinn) c n cc i -:I-
+ 15%
Construction
Earthwork: Compaction Testing
$60 / hour
Observation
Drilled Pier Installation
60 / hour
and Testing
shalt Placement and Compaction
60 / hour
Services
Concrete Strength Testing:
Testing & Cylinder Pick Up
50 / hour
Cylinders
15 / cyl
Flexural Beams
nK I k---
Meter
Test
Overtime Charge Increase for work done on Saturday Sunday, and Holidays 15 / hour
Note Time is charged for travel, testing and inspection and field report preparation:
2 hour minimum top charge
Jan, 2013
Page 1 or 6
FEE SCHEDULE
EFFECTIVE JANUARY, 2008
CTLITHOMPSON
IV
Soils Grain Size Analysis 1-inch to #200 sieve
$50
Laboratory Grain Size Analysis #200 sieve only
30
Services Hydrometer Analysis
75
Atterberg Limits (L.L. & P.I.) per set
70
Natural Moisture and Density
20
Specific Gravity
50
Swell
Curve
Back for Swell Pressure
Remolded Sample (Falling or Constant Head) 230
Jan, 2013
Page 2 of 6
FEE SCHEDULE
EFFECTIVE JANUARY, 2008
Liquid
Asphalt
Laboratory
Testing
CTLITHOMPSON
100
Uucnuty L tt- h 100
Ductility (a) 39.4° F 155
Jan, 2013 Page 3 of 6
FEE SCHEDULE CTLITHOMPSON
EFFECTME JANUARY. 2008 IF
Aggregates' Coarse Fine
Laboratory
Services
(con't)
60/
mummme uuannuanon Quote on Request
Cracking Tendency of Concrete 1,000 / each
Mixing Fee — Required for Some Tests 400 / each
Report Review (Laboratory Test Results) 100 / each
Report Review (Ship -in only) 40 / each
Jan, 2013
Page 4 of 6
FEE SCHEDULE CTLITHOMPSON
EFFECTIVE JANUARY, 2008 IF
Cement and'
Cement: Sulfate Expansion (ASTM C 452) $600
Fly Ash
Compressive Strength Tests (6 Cubes / Mix) 200
Laboratory
Additional Cubes 30
Services
Time of Setting (Gilmore or Vicat) 160
Fineness by Blaine or No. 325 Sieve (Air Permeability)
_ 90
Early Stiffening False Set (Paste Method)
75
Chemical Analysis
265
Autoclave Expansion
200
Air Content
130
Tensile Briquets
375
Cement Content of Hardened Concrete
640
ASTM C 150, Standard Properties
650
Fly Ash: Loss on Ignition, Moisture
85
Fineness, No. 325 Sieve
90
Density
80
Air Content
130
Chemical Analysis
210
Strength Activity (with Cement)
205
Drying -Shrinkage (Mortar Bar Method) Per Set
205
Alkali Reactivity (Pyrex Glass) 490
Available Alkalis 165
ASTM C 618, Standard Properties 575
Masonry' Block and Segmental Retaining Wall Units
Laboratory Compressive Strength Tests (Set of 3) $125 / set
Services Q-Block Test Series 280
British Shrinkage (3 Samples / Set with Preparation) 325
Dimensional Analysis (Set of 3) -- 75 / set
Fire Rating by UL 618 200
Density Absorption Analysis (Set of 3) 125 / set
Block Freeze / Thaw, 100 cycle with Preparation 850
Block Freeze / Thaw, 150 cycle with Preparation 1,250
Brick: Compressive Strength Tests (Set of 5) 180 / set
aVl P„V„ vy «,cnn,y toes ui o)
100 / set
In Rate of Absorption Per Set (Set of 5)
250 / set
Efflorescence (Set of 5)
125 / set
Dimensional Analysis (Set of 5)
75 / set
Modulus of Rupture (Flexural Strength) (Set of 5)
200 / set
Brick Freeze / Thaw, 50 cycle, ASTM C67
425 / set
Adobe Brick Properties with Report
650 / set
Stone Freeze / Thaw 650 / each
Testing Compressive Strength ASTM C170 (4 Conditions Possible)2 370 / set / condition
Modulus of Rupture ASTM C99 (4 Conditions Possible)2 430 / set I condition
Flexural Strength; ASTM C880 (4 Conditions PossibleV can r nor r rnnAi In
' Report Review (Laboratory Test Results) 100 /each
Report Review (Ship -in only) 40 / each
'Conditions are described by ASTM and related to the moisture condition at the time of testing and direction of rift with regard to the loading faces
Wet/Perpendicular Wet/Parallel Dry/Perpendicular Dry/Parallel
Each test requires a set of five specimens per conditions from different submitted pieces, each with exact saw cut dimensions C880—Flexural
strength testing is to be performed using the producers intended thickness. Saw cutting is charged at $80 / hour. Expect 1 1/2 hour minimum
cutting time for each test method (5 samples), except for specific gravity/absorption. We do not perform ASTM C241; Abrasion Resistance or
ASTM C1028; Coefficient of Friction.
Jan, 2013
Page 5 of 6
4.
5
Contract Period. This Agreement shall commence July 22, 2013, and shall continue in full
force and effect until July 21, 2014, 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. 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 Professional and mailed no later than
ninety (90) days prior to contract end.
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:
Ditesco, LLC
Attn: Keith Meyer, PE
1315 Oakridge Drive,
Suite 120
Fort Collins, CO 80525
City:
City of Fort Collins
Attn: Jay Rose
PO Box 580
Fort Collins, CO 80522
Copy to:
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
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 Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
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
E
FEE SCHEDULE
EFFECTIVE JANUARY, 2008
CTLITHOMPSON
Masonry' Mortar and Grout:
Laboratory Mortar Mix (6 Cubes Per Mix) $ 175
Services Water Retentivity Test 90
Steel
Laboratory
Services
and Preparation of Field -
compressive strengtn I ests and Preparation of Grout Cored from Block per Core 40
Hollow Prisms, Brick
$70
Hollow Prisms, Block - 2 Course Maximum
70
Hollow Prisms, Block - Over 2 Courses
100
Grout -Filled Prisms, Brick
100
Grout -Filled Prisms, Block - 2 Course Maximum
80
Grout -Filled Prisms, Block - Over 2 Courses
105
Clay Tile, Absorption Analysis Quote on Request
Masonry Prisms (10-inch or 12-inch Width):
Hollow Prisms, Brick 100 / each
Grout -Filled Prisms, Block 2 Course Max 100 / each
Hollow Block - Over 2 Courses 130 / each
Grout -Filled Prisms, Brick 160 / each
Laboratory hawing or bpec
Report Review (Laboratory T
Report Review (Ship -in only)
Ultimate Tensile Strength
Percent Elongatic
Yield Strength
Reduction of Are<
Hollow or Circulai
40 / hour
$100
+1
i ensne strengtn of Host l enslon strands Per Test Quote on Request
Wood Wood Moisture Testing (Lamp Method) with Report - $85 / set
Product
Services
Jan, 2013
Pape 6 or 6
KING SURVEYORS INC.
2013/2014 City of Fort Collins Rates
Registered Land Surveyor $94.00/hr. (RLS)
Project Manager $83.00/hr. (PM)
Draftsman:
Senior CAD Technician
$79.00/hr
(SR Cad)
CAD Technician 1
$73.00/hr.
(Draft 1)
CAD Technician 11
$68.00/hr.
(Draft 11)
Field:
Senior Surveying Technician
$79.00/hr.
(SR Tech)
Surveying Technician 1
$73.00/hr.
(S Tech 1)
Surveying Technician 11
$68.00/hr
(S Tech 11)
Crew Rate(2-man)
$138.00/hr
(2-man)
GPS Crew
$134.00/hr
(GPS Crew)
Laser Scanner
$2100.00/full
day (LScan)
$1005.00/half
day (LScan)
Expert Witness
$188.00/hr
(EW)
Clerical
$48.00/hr.
(Cler)
A.T.V.
$25.00/hr.
Copies:
81h X 11"
$0.1s/copy
8 ih X 14"
$0.20/copy
11 X 17"
$0.25/copy
18 X 24" Prints
$1.50/copy
24 X 36" Prints
$2.00/copy
24 X 36" Mylars $8.00/copy
**All copies & meetings are billed in addition to estimates, unless otherwise noted.**
King Surveyors qualifies as a Small Business
650 EAST GARDEN DRIVE. I WINDSOR, COLORADO 80550 1 P. 970.686.5011 1 F. 970.686.5821
W W W.IiIN G S U R V E Y O RS. COM
EXHIBIT E
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City') pursuant to
this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City , or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City) . The Professional shall not disclose any such information to any person not having a
legitimate need -to -know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City's remedies at law for a breach of the
Professional's obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
14
Client#: 47025
DITLL
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDO/YYYY)
7/22/2013
THIS CERTIFICATE IS 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 INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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). '
PRODUCER
CONTACT !LIME: fill Underwood
Flood B Peterson ins., Inc.
PHONE 970 506.3224 MC 970 506-6820
ac Na Eat : MC, No
P. Box
n..RRE... munderwood@floodpeterson.com
ee0.
CO
Greeley, O 80632PRODUCER
970 356-0123
CUSTOMER ID O:
INSURER(S)AFFORDING COVERAGE
NAIGq
INSURED
-
INSURER A: CNA Insurance Company
Ditesco, LLC
1315 Oakridge Dr., Suite 120
INSURER B :
Fort Collins, CO 80525
INSURER C :
INSURER D
INSURER E:
INSURER F:
CUVt:HAGES CERTIFICATE NUMBER: RFVIsInN NUMRFD-
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
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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCEDDI
aSU1
POLICY NUMBER
POLICY EFF
MM/DDIYYYY
POLICY UP
MM/DDNYYYI
LIMITS
A
GENERAL LIABILITY
2090873913
10/03/2012
10103/2013
EACH OCCURRENCE
$1,000 000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I OCCUR
.-
PREA07—
MISES Ea occurrence
s300,000
MED EXP (Any one person)
$10,000
PERSONAL B ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GEML AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$2,000,000
POLICY PR0. LOC
$
A
AUTOMOBILE
LIABILITY
ANV AUTO
2090873927
10/0312012
10103/2013
COMBINED SINGLE LIMIT
(Ea accident
$1000000
BODILY INJURY(Per person)
$
ALL OWNED AUTOSBODILY
INJURY (Per accident
S
SCHEDULED AUTOSHIRED
JX
PROPEadent)RTY AGE$
(Paraccident)
AUTOS
NON-0WNED AUTOS
S
S
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
CLAIMS -MADE
DEDUCTIBLE
8
RETENTION S
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I NER
ANY PROPRIETOWPARTNEWEXECUTIVE
OFFICER/MEMBER EXCLUDED? FN
N/A
WC2D97624212
3/15I2013
03115/201
WCSTATU-
EL EACHACLIDENT
$100,000
E.L. DISEASE-EAEMPLOYEE
S$100,000
(Mandatory in NH)
I/ yes, tlescribe undo,
DESCRIPTION OF OPERATIONS below
E.L. DISEASE. POLICY LIMIT 1$500,000
A
Professional
I
IMCH288252590
10/05/2012
10105/2013 $1,000,000
$5,000 Deductible
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mom space is required)
City of Fort Collins, its officers, agents and employees are included as Additional Insured as required by
written contract with respects to liability arising out of work performed by the named insured.
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
m 1988.2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) 1 of 1
#S8115521M773067
The ACORD name and logo are registered marks of ACORD
MLU
This page has been left blank intentionally.
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, in accordance with Exhibit C, consisting
of one (1) page, attached hereto and incorporated herein.
T 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 D, consisting of eight (8) 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,
3
change orders, and other clarification or instruction shall be directed to the City
Representative.
9. 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 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 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.
12. Subcontractors. The parties acknowledge that the sub -contractors, King Surveyors and
CTL Thompson are not parties to this agreement. However, the rates listed for services to
be provided by these subcontractors shall be the rate paid by the City to the Professional
for these services. If the amount charged by these subcontractors exceeds the rates listed
in Exhibit D, the excess amount shall not be paid or owed by the City. The limitation on
increases in prices set forth in section 4 of this contract shall apply to all rates listed in
4
Exhibit D, including the subcontractor rates.
Professional may not utilize additional subcontractors for any of the Work set forth in
Exhibit A and issued Work Orders without the prior written consent of the City, which shall
not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Professional.
13. 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.
14. 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.
15. 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
5
according to the terms of this agreement, such party may be declared in default.
16. 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.
17. Bindinq 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.
18. 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.
19. 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,
W
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.
7
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.
f. 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.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting
of one (1) page, attached hereto and incorporated herein by this reference.
9
THE CITY QfFF4QjRT COVLNS, COLORADO
.� • By: YM
LL T • i Gerry Paul
:o Director of Purchasing & Risk Management
. o ••• .� O� Date: 7 ;o// �
ATTEST:
a
City Clerk
APP OVE S TO FORM:
Assis nt City Attorney
DITESCO, LLC
By
Title:
CORPORATE PRESID2 T OR VICE PRESIDENT
Date: 7 ZZ 13
ATTEST:
(Corporate Seal)
Corporate Sec etary