HomeMy WebLinkAbout130469 BRENDLE GROUP - CONTRACT - RFP - P867 SUSTAINABILITY MANAGEMENT SYSTEMPROFESSIONAL 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 The Brendle Group, Inc., a Colorado corporation, 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. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "A",
consisting of one (1) page, and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall commence on July 28, 2003. Services shall be
completed no later than March 31, 2004. Time is of the essence. Any extensions of the time
limit set forth above must be agreed upon in writing by the parties hereto.
4. 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:
The Brendle Group City of Fort Collins, Purchasing City of Fort Collins, Nat'l Res.
2138 Sunstone Drive PO Box 580 Attn: Mar it Hentschel
a
Fort Collins, CO 80525-5622 Fort Collins, CO 80522 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.
5. 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.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
according to the following schedule:
Hourly billing rates: Principal Engineer $85 HR
Senior Engineer $75 HR
Engineer $50 HR
Engineer Intern $40 HR
Technical Editor $35 HR
Word Processor $25 HR
Reimbursable direct costs: as billed;
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Fifty Three Thousand Dollars ($53,000). The parties acknowledge that the sub-
contractors:
Susan Bums, Natural Strategies
Tamera Bedford, Performance Track, Environmental Protection Agency
Brian Dunbar, Institute for the Built Environment, Colorado State University
are not parties to this agreement. If the amount charged by these subcontractors exceed the
rates listed in Exhibit "A" the excess amount shall not be paid or owed by the City. Monthly
partial payments based upon the Professional's billings and itemized statements of
reimbursable direct costs 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 reimbursable direct costs.
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.
7. 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.
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 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,
a
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.
THE CITY LFFORT COLLINS, COLORADO
By:
Joh F. Fischbach
Citytanager
By
Jqffies P. UNei I II, PPO, FNIGP
Director P chasing & Risk Management
DATE: '77 /2t / C�
TTEST:
City Clerk
APPROV D AS TO FORM:
Assistet City Attorney
The Brendle Group
By:IW
Title:`
17
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: --� 4a, `S �-Po o �
ATT T:
rlCorp.rt.SeL
C6riY6raff Secretary �, J 5z/�
EXHIBIT "A"
Scope of Work: Sustainability Management System Project
Revised July 10, 2003
Work Tasks, Deliverables, Schedule, & Budget*
Deliverables
Schedule
Budget "•
Task One: Backaround and Planning
1) Provide verbal feedback of
document review
1) Review existing documents SI, EMS,
FEA, City Plan
2) Detailed Project Plan
2) Project Planning Meeting
3) Organize & present meeting,
August
3) Kick-off meeting w/
create presentation materials
August
City staff ***
4) Gap analysis results report
4) Gap analysis
5) Make presentation (includes 2
September
5) Present to (2) boards
night mtgs.)
September
$11,000.00
Task Two: Policy Development
1) Participate in 4-hour work
1) Work session
session with representatives
2) Design & host creative brainstorming
from 6 major policy plans under
meetings
development (Air Quality, Natural
3) Develop SMS policy
Areas, City Plan, Energy, Parks,
October
and Transportation)
October
2) Organize & present three two-
hour meetings, create
presentation materials
$ 9,000.00
3 SMS policy
Task Three: Write SMS
1) Procedures for: aspects
identification, significance,
November
1) Develop SMS Components
objectives and targets, metrics
December
identification
Jan -March
2) Link and develop programs
3) Provide first draft, second
revision, and final document,
$24,000.00
including a stand-alone
executive summary.
Task Four: Future Planning
1) Participate in 4-hour planning
1) Team implementation planning
meeting to include discussions
March
meeting w/ City staff"
on internal participation,
March
2) Write recommendations for
business outreach, and general
implementation
next steps
3) Presentations on results and
2) Recommendations memo
April
recommendations to City staff &
3) Organize & participate in six 1-
Boards
hour meetings, create
presentation materials
$9,000.00
includes 2 ni ht meetin s
TOTAL $53,000.00
Footnotes
* Tasks and schedule are dynamic and subject to change as a result of project planning activities (task one). After
detailed project plan is approved, a written e-mail request is required for any changes within - and between — tasks for
each category.
** Hourly rates must be billed for each task. Average fees not allowable. Sub -Consultants Labor Rates:
SMS adviser $200 HR; Charrette facilitator $70 HR; EPA EMS/Performance Track In -Kind
*** All team staff must be present