AGREEMENT FOR SERVICES

Transcription

1 AGREEMENT FOR SERVICES 1. DATE This Agreement for Services (Agreement) is entered into on this day of, PARTIES The parties to this Agreement are the Town of Grand Lake, a Colorado municipal corporation (Town) and (Consultant). 3. SCOPE OF WORK BY CONSULTANT Provide all labor, materials, equipment, tools and services as necessary to perform the work as outlined on the attached Exhibit A Scope of Work 4. COMPENSATION OF CONSULTANT For performance of the work, the Town agrees to pay Consultant as outlined on the attached Exhibit B Project Fees. The Town shall make payments in accordance with its normal payment dates, occurring once per month. The Town shall not have any obligation to pay or to see the payment of any monies to any subconsultant except as may otherwise be required by law. 5. PROJECT SCHEDULE OF CONSULTANT Complete the work in accordance with the schedule outlined on the attached Exhibit C Project Schedule. The Consultant shall provide the Town with 100% Deliverables no later than. Final payment by the Town will be made to the Consultant when 100% Deliverables are accepted by the Town. 6. NOTICE TO PROCEED The Town will issue a Notice to Proceed to the Consultant when all required conditions and requirements are met. 7. INDEPENDENT CONTRACTOR The services to be performed are those of an Independent Contractor and not of an employee of the Town. The Town shall not be responsible for withholding any portion of Consultant s compensation hereunder for the payment of FICA, Worker s Compensation, other taxes or benefits or for any other purpose as an employer. 8. INDEMNIFICATION Consultant shall be responsible for the acts, errors, or omissions of himself and his employees, consultants, agents and any other persons employed or retained on behalf of Consultant in connection with this Agreement. Consultant agrees to indemnify, hold harmless and defend (the duty to defend shall not apply to professional liability claims arising from professional services) the Town and its directors, officers, trustees, employees, agents, and attorneys for the negligent actions, errors and omissions of Consultant and Consultant s employees, consultants, agents and any other persons employed or retained on behalf of Consultant in the performance of this Agreement. The parties recognize that the Town is a governmental entity subject to the provisions of the Colorado Governmental Immunity Act, Section et seq., C.R.S., and the Town does not waive any of its rights under the Act by entering into this Agreement. 9. INSURANCE At his sole cost, Consultant agrees to purchase and maintain in effect through completion of the project, insurance that will protect the Town and Consultant from claims which may arise out of, result from or be related to the Consultant s performance of the work on 1

2 the Project, whether such performance be by Consultant or by someone directly or indirectly retained or employed by Consultant or by anyone for whose acts, errors, or omissions any of them may be liable. A copy of all policies or signed certificates of insurance shall be on file with the Town at all times, shall be appropriately endorsed to give the Town a minimum of thirty (30) days notice of cancellation or intention of nonrenewal of coverage, name the Town as Additional Insured, and shall be statutory in conformance with the laws of the State of Colorado. Such insurances required herein shall be written for limits as follows: 1. Commercial General Liability a. Bodily Injury and Property Damage i. $1,000,000 each occurrence ii. $1,000,000 aggregate b. Personal Injury i. $1,000,000 each occurrence ii. $1,000,000 aggregate 2. Commercial Automobile Liability a. Bodily Injury & Property Damage i. $1,000,000 any one accident or loss 3. Workers Compensation and Employers Liability: a. Workers Compensation at statutory levels b. Employer s Liability i. $100,000 each accident ii. $100,000 disease each employee iii. $500,000 disease policy limit 4. Umbrella or Excess Liability a. $1,000,000 aggregate 10. NON-DISCRIMINATION POLICY It is specifically agreed that neither Consultant nor any person working on his behalf on the project shall discriminate against any person because of age, race, sex, national origin, ancestry, disability or religion. 11. GOVERNING LAW In the event a dispute should arise as to the provisions of this Agreement, such Agreement shall be interpreted in accordance with the laws of the State of Colorado. 12. STANDARD OF CARE Consultant will perform services under this Agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the similar locality under similar conditions. 13. CONSULTATION WITH LEGAL COUNSEL By executing this Agreement, the parties hereto acknowledge their right and opportunity to consult with counsel and further acknowledge that they have consulted with legal counsel to the extent they desire to do so. EXECUTED THIS day of, TOWN OF GRAND LAKE NAME OF COMPANY By: Jim White, Town Manager Name/Title: Signed: 2

3 SCOPE OF WORK EXHIBIT A SURVEY AND DESIGN SERVICES FOR DOWNTOWN GRAND LAKE Background The Town of Grand Lake adopted the Grand Avenue Streetscape Masterplan which recommends street enhancement improvements for the downtown area of Grand Lake. Project Overiew The goal of the Project is to prepare preliminary information for implementation of the following key projects: Preliminary Construction plans for implementation of the Grand Avenue Streetscape Masterplan Survey information for the Project Area Preliminary Construction plans for the Project Area The Project Area is described as: W. Portal Road Right of Way (150 ) US Hwy 34 to Grand Avenue Grand Avenue Right of Way (100 ) W. Portal Road to Hancock Street Park Avenue Right of Way (100 ) Vine Street to Hancock Street Cross Street right of way between Grand Avenue and Park Avenue o Hancock Street (60 ) o Ellsworth Street (80 ) o Pitkin Street (80 ) o Vine Street (80 ) o Garfield Street (80 ) The main goal of the Project is to provid enough field investigation and preliminary construction information for review by the general public. Review by the general public is necessary in preparation for a potential November ballot question to pay for construction of the Project. Scope of Work by Consultant A detailed topographic and improvement survey plat stamped and signed by a Colorado Registered Professional Surveyor shall be required for the Project Area. The survey shall include all necessary information for preliminary engineering design including but not limited to: Utilities (water, sanitary sewer, storm sewer, gas, electric) (potholing required) Road improvements (C&G, driving surfaces, ditches, parking areas, greenways) Pedestrian improvements (boardwalks, sidewalks, pathways) Right of Way monuments Structures (signage, buildings, overhangs, retaining walls) Page 1 of 2

4 Page 2 of 2 USGS surface elevation (2 min. contour intervals) o Alternative option to provide 1 contour intervals Geotechnical Investigation/Testing for required improvements A preliminary construction plan for the Project Area shall be designed by a Colorado Registered Professional Engineer to include all preliminary information required to demonstrate compliance with the following: Improvements required for implementing the Grand Avenue Streetscape Masterplan Improvements required for asphalt road surfacing and on-street parking along Park Avenue Improvements required for completing pedestrian facilities along Park Avenue Improvements required for completing asphalt road surfacing and on-street parking along the Cross Streets Improvements required for completing pedestrian facilities along the Cross Streets. Improvements required for community greenways in the Project Area. Design constraints and obstacles clearly identified for construction of the Project Area. Utility improvements recommended in the Water System Analysis dated August 2006, if any. Utility improvements required by the Three Lakes Water and Sanitation District, if any. Utility improvements required by Xcel Energy, if any. Preliminary drainage plan for the project area. Submittal of Deliverables The Consultant shall provide the Town with the following forms of the Deliverables: Four (4) hard copies of the Deliverables (wet signatures). One (1) electronic copy of the final Deliverables in pdf format. One (1) electronic copy of the Deliverables in AutoCad or Microstation format.

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