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HomeMy WebLinkAbout159767 ENVIRONMENTAL BEHAVIOR CONSULTANTS - CONTRACT - CONTRACT - ENVIRONMENTAL BEHAVIOR CONSULTINGPROFESSIONAL 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 Cheryl Asmus, doing business as Environmental Behavior Consulting, hereinafter referred to as 'Professional'. W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 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. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement. Services shall be completed no later than July 10, 2002. 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: PSA 05/01 1 Professional: City: With Copy to: Cheryl Asmus Ed Bonnette, C.P.M. GayLene Rossiter DBA Environmental Behavior Buyer Project Manager Consulting City of Fort Collins City of Fort Collins 4056 LaVeta Drive P.O. Box 580 Transfort Dept. Loveland, CO 80538 5555 Fort Collins, CO 80522 P.O. 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. 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. 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 Four Hundred Ninety Dollars ($10,490.00). All such fees and costs shall not exceed Ten Thousand PSA 05/01 3 Four Hundred Ninety Dollars ($10,490.00). 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 orders, and other clarification or instruction shall be directed to the City Representative. 7. 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. 8. 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. 9. 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 PSA 05/01 3 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. 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. 11. 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. 12. 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. 13. 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. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any PSA 05/01 4 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. PSA 05/01 THE CITY OF FORT COLLINS, COLORADO By: ts�r�'a K� CA-4 x me B. O'Neill II, CPPO, FNIGP Director f rchasing & Risk Management DATE: Cheryl Asmus DBA Environmental Behavior Consulting By: Title: Qu QAary CORPORATE PRESIDENT OR VICE PRESIDENT Date: 4-1 ml&p — 5 Environmental Behavior Consultants Cheryl L. Asmus, Ph.D. (970)461-4995 4056 Laveta Drive Loveland, CO 80538 Exhibit A — Scope of Work Thank you for allowing Environmental Behavior Consultants (EBC) the opportunity to propose a budget for the Transfort 2002 "On -board Survey of Riders on All Routes: City of Fort Collins." I have included a timeline and a budget as you requested. I also included a list of the receivables you can expect. EBC recommends that each route gets surveyed one weekday, every hour; both weekend (if applicable) days, every hour; and night routes each day it runs, every hour, to be sure to get an adequate picture of your riders. EBC will have trained surveyors ride the bus and collect the data by approaching riders and asking them to complete the survey which will be on a clipboard and available in both English and in Spanish. I also recommend that the survey be developed in a "scannable" form to reduce your costs and the likelihood of errors when entering data. This format looks more professional and is often easier to complete for respondents. All data will be analyzed and reported by Environmental Behavior Consultants. Deliverables: • A report bound in a spiral book that will include: An executive summary; methodology; reliability of measure; participant comments; graphs and tables of all results. • A copy of the report on a diskette and a Compact Disk. • The disk will also contain a PowerPoint presentation of the results and all of the entered data in SPSS for Windows for ease in future data collection and comparison of results. • All "completed" surveys for Transfort record -keeping. • The survey will consist of questions aimed at addressing: A "profile" of who is riding what route, and when Marketing informational questions Origin and destination Purpose of riding An actual count of riders for each route, each day, a specific times Demographics such as occupation, age, ethnicity, and household income. • The data analysis will include: Response rates for each question by route and overall, described in a narrative, graphs and tables. Proportion of respondents choosing each response on each question by route and overall. Addition analysis using analysis of variance to determine whether being in one group, such as an age group, will make any differences in some of the responses. Fn�.irn"mu..fol Rol.... �...«l�..., ..,.1 ♦....F,. Transfort On -Board Survey of Riders on All Routes 2002 Budget and Timeline Action/Steps Timeline Cost Develop survey questions March 25 $100 Have survey translated into Spanish Aril 1 $200 Get approval of revised survey by Transfort April 1 - * If the survey is not approved by this date, all other dates will move u accordingly. -Develop surveys for scanning and fax to printer Aril 5 $100 Proof from printer April 12 Print surveys (7,500 double -sided English; 500 Spanish @ April 25 $2,400 $300.00/1,000 = $2,400) Overnight mail April 26 $100 Conduct surveys 4/27-5/26 $5,160 Surveyors ride each route one weekday, every hour, and both weekend days (if applicable) every hour, and each weekend night hour (if applicable) @ $15.00/hour for 344 hours = $5,160 Scan surveys (6000 @ 600/hour @ $30/hour-=$300 June 3 $300 Survey analysis 6/3-6/10 $2,030 Create database (8 hours X $35/hour = $280) Analyze data (30 hours X $35/hour = $1,050) Prepare report (20 hours X $35/hour = $700) Report costs: $100 Binding, CD, database, co yin Total and Report Due Junel0, 2002 $10,490.00 Thank you for your business! Let me know as soon as possible if you would like EBC to go forward with this project. Sincerely, Cheryl L. Asmus, Ph.D. (970)461-4995 Asmus@cahs.colostate.edu 2 �«..:..,.«...o.,...1 now,...;,... r,...,..a.,,..«,.