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Home My WebLink AboutECOS CONSULTING - CONTRACT - CONTRACT - BASELINE STUDY UTILITIESPROFESSIONAL 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 ECOS 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 three (3) 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 within five (5) days following execution of this Agreement. Services shall be completed no later than September 30, 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. 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: Ecos Consulting, Dave Pex, CFO City of Fort Collins, Utilities City of Fort Collins, Purchasing 309 SW Sixth Ave., Suite 1000 Attn: John Phelan PO Box 580 Portland, OR 97204 700 Wood St. Fort Collins, CO 80522 Fort Collins, CO 80521 PSA 05/01 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. 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 Five Thousand Eight Hundred Fifty Dollars ($5,850) which includes all reimbursable, and other fees and costs. 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 PSA 05101 2 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 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 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 PSA 05/01 3 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 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 OF FORT COLLINS, COLORADO By: t-+ J es B. O'Neill II, CPPO, FNIGP Direc f Purchasing & Risk Management DATE: ?/0 y ECOS Consulting By: Jyy., „ti Title: Ff Lerl GAL rlt 11 CORPORATE PRESIDENT OR VICE PRESIDENT Date: ` -13 04- ATTEST: Corporate Secretary (Corporate Seal) PSA 05/01 4 EXHIBIT A Scope of Work to Fart Collins Utilities for a Baseline Study A. Concept As pout Collins Utilities (Utilities) prepare to launch its lighting and appliance programs, Ec+as Consulting (Ecoo proposes conducting a baseline study to assess the current state of the marketplace, Specif ica ilyt the study will aim to identify: = ENERGY START' qualified lighting and appliances currently stocked in retail outlets; = Placement of ENERGY STAR qualified products; and = Retailer and consumer awareness/knowledge of ENERGYSTAR. A baseline assessment will benefit Utilities by establishing a L*nchmark from which to measure certain program effects, The studywili improve the Utilities` understanding of the local market fcr ENERGY STAR products. It also allows for gathering of reginn-spe6frc information to better understand the needs of retailers, manufacturers and consumers. HcwA er,this baseline assessment will not provide quantitative sales data from which to gauge future changes in unit movement as retailers do not male this information publicly available, B. Scope of Work To accomplish an eff+active Lweline study,, Erns will conduct the follovring activities SL1f'Ve-Y instrUrnent design Survey instruments will be developed to capturs appropriate information fr+?na retailers" First data will be compiled based on five key market transformation indicators • Availability of ENERGY STAR -qualified prcucts, including. • Lighting: CFLs�. light fixtures and ceiling fans • Home appliances: clothe washers, dishwashers. refrigeratrrs and room air conditioners • Home e+lectr*cni" Televisions, combination 0V0/'V0R/TV unit, and DVD products` Retailer awareness of these products Accessibility of products tc' cirstt3nrrs = Affordability of products (i.e,, how do prrrduct prices oxiipare to non -ENERGY STAR products and horn to they compare to average prices around the r-ountry 7) • Consumer awarenes acceptan=_* of products i Eros will modrry existing survey instrunetts, which will resuk in a Io'*W cc"t to Utilities rot this task, `Home elemcr: ics will only be addressed in the survey in she retailer and onsumer awareness categories; no dita to characterizethe market will begathe"d on this proclxt category, a Thh infermatirn will cone From retailer not t o custGmar rmsriarch, Retailers will be asked questions that e4kit cLmonnet perceptions o r irttrrest, such as'Haw often dv your cuswmers ask far ENERGYSTAR vodt tsi" Scope or Work for a Utilities ENERGY STAR Basel ne Study (revised 2) Page 1 Fcos Consulting, August 11, 2004 PSA 05/01 Second, the survey will gather data to characterize the market, Market dwracterization provides a "snapshot's of the current marketplace in a region, and offers insight to hove to best affect change. It examines bath quantitates data and anecdotal evidence to capture nuance specific to a particular market. This component will include identification of: Key market actors Primary information channels = Distributicn channels = Product attributes Market altennativee" Market barriers Third., shelf space and placement of ENERGY STAR qualified lighting and appliances will be analyzed' Data will be gathered on a number of variable: Manufacturer Model Lamp or product type Rated hOLIrS (for OFL-) = Product features • Price Shelf spaos alltecatic" and position = Stuck in the selected retail sites Finally, manufacturers, distributors and other industry experts will be identified for baseline and market characterizationdata collection interviews, boc*s will develop an additional survey instrument to interview: = Five manufacturers (national) Five distributors (local/regional) A small number of other industry market actors and experts (e.g, DOUEPA ENERGY STAR Program representatives, Association of Home Appliance Manufacturers, and industry publications such as Appliance Magazine). . Data collection Since the survey irr ruments are approved. the field sent. team will be trained on proper data colle ctien processes, They will tl-wi visit all retailers in the Utilities sererice tee rit--4 y listen on the ENERGY STAR Web site to (-ollect data. Additional retailers may t:». identified with assistance from Utilities (see attached list r_Tf retailers in Section D), Ali date twill be entered into an ExQoA database. � Market attcx-, are ti a waricos retailers, morufactufmm, distributers and outer influe»cen (e.q,trade publications,I that can affect the stocking and promoticn of ENERGY STAR product-- 5 Infe,.rmation channels am the various methods retailers,distributors and retailers use to communicate with their customers: c.g., retailers may use print ad,.wtking or in-st€re e,,ents to attract custorrw_m while distributors may use, tales reps,, direct mail or'blavt faxes' to communicate with retai km e ►xtarAet akematrx,ms are rwn-traditi+ornal ways consumers may purchase products;e.g, some rrtfliriea hane an energy store attheir central offices or the total mail may have a kiosk that, sells energy-effioient products Scope cat Workror a Utintes ENMY STAR Basenns Study (revised 2) Page 2 Ecos l c)nsutting, August 11, 2004 PSA 05/01 The field team will conduct the manufacturerdi stributor and industry market actorsJexpert interviews concurrently with the field visits to retailers. This information will be entered into an Excel database, 3. Data analysis and reporting After all data is entered into the database, Ecce will conduct preliminary analysis and provide summary information on the market transformation indicators, market characterization data and shelf spacelproduct placement data (as defined in Section B, 1). Following analysis a preliminary report will be delivered to the Utilities program management, After any feedback has been incorporated Ecos will present both a hard copy and electronic version final report, and will schedule a conference call to discuss key findings and any questions from Utilities' teem. C. Schedule and Budget Activity Timeline Budget Survey instrument design Wyk 1 $500 Field training and data collectico Week 2 $ 2,300' Data entry and analysis Week 3 $1,300 Preliminary report delivered Week 4 $1,000 Final report delivered Week 5 or 6 (depending on feedback) $750 I $5,850tots l T Includes Field representative billing time (Gpiproxinwely 1•l,600 for omits visit% and phone interviemml aril travel wqpemeo (Oppmximieiftly woo), Scope or WarK rcr a Uti inies, ENERGY STAR Baseline Study revised 2) Page 3 Ewe Consulting, August 11, 2004 PSA 05101 D. Fart (:oil iris; Utilities Area Ifeudfer Qjay codes MUM IAID Madam Fax Tbcll lei, FxaF' d1`iiiLL Mimm, �%DuE J , sY304.men Imam y�i�y0 a �'S TYx3.1.'s�wm TV and TOM, Munams, VQ?h Du ae t Ba rdware 3 14 ,V wie Pul CK Bulb, Celia-- Fmi Li ra=t Fix e� 3 INVI tart 46, L T t ,1_.ttew ANAmen �= dw d �� T: RO ROW, t 9ORT "OFLL- S, CC �u _'.mil £�,'., Pia ss. a. '26c1ttm Va .,, w,s?12Tmen, ubil"tnz s,1 du aa, m tm-s, Phanea as �t 0 :>'�x�"yL. �a ��.R" y N �'y��}. WA �q.� }s� 4W .F bUtXL:�-"". a' 0'.4`. �[i�;�rA�M.'4§<:.IL{.`h !a...30da=, S$�a. zhol� i✓ raS I.21fa wa1':k 9 f1 5-ACYOUM Fir; _l'�::, Cc S .. 5 W aNss, ._a`. �e 81 s Room Az cry 4Y w�� HomwT , Ykai2 IR, L andTina. a Cif :"Wm i Mih COT W.E3m., Awwenzq 14mium _:{."> dic Pad.'x,W ?wdu?; t `,x6ee, Kamp. VI: -, 6 t g1 t s::�+�[2 !O � F_ EN—,,: �� x Pi: VY C�»IyL Biiyb, , C ri�ae Far 5 ry 4a MUM � si4R i- �i. L L,'.,. _'c. SOS 25 � idi_..TA'f.I�`u?%z'......,pt l'+k..ws. P«b'wnon, etRL` Aii '�tAmG,,u :, MUM C a ar mu s. �64 rxic 's Radio Shck , u a[C EEGs XVE Am mg Ni n tee. Act, _M Lill AM= Yboaew tma..A.nimweftg XE jd ei, 73. { �..�,... g& 8 yyl {{�,� �y Clhvb y��g- eq.':T..3 3 r '�.3.`;.f_- x, '. r.+��J,.L �i G yzSzrytvtii'.n:,g 9, (rye :4iAw a riXe �i sLs�Wii. '2., .'V.flo ::.iv. D D X L =a 7Pn. F7 k _--1D''y.,. CC) SHE ;i* ....iF�ry�.'9:cifd .r T.'sry7„+€.v. .taiSy('A CTjk-.s n 107) KYL✓ 1,3 .+'W..'A.. a" i ` sR Tjvsa � a=�,... I i'fo-...iZ'!5 T 3a,,Ji x , 2 0F ?,- ,'Yrhai lS, P'."j7 i7 ., ,.£L...2%`5,; 03,�«.. ?.4Csmww3 ,!-t4..ci,s z.��:.v�i .SZ.. s, K:}m",. 'PORT .. ii.i:`r K ',^�xx..Aw _ Scope of Work ror a Utimes ENERGY STAR Baseiine Study (reprised 2) Page 4 Los Corasm rm. Auparst 11, 2004 PSA 05/01 I'. powat1 itt..4"b%sc- 22S swe-ceii4p va� 'Du4wtaLQ .F.c�nsecstcra 13 Doneartxe Act fiardwirt >'Z" uou& 1:d:4*4 T; „'FS. MXi.,c i»s!e*. FmnC m« IA Clay', Act ff rdasrt Faraom • Rd C-FL nu.us, ' ,fin l'ixcd nc I5 na za'imsd: € :i Sru L r'+is.:r,4 k,,u ;-:FL tavbl� F fmrlm tff Twfti It.' a CiXX, 3'3 5.C{: 8v FL Bulb ...82¢3i F1xL` r" IS ,ifunk S pP fT-. :iN=v, :,�.:�mz- CFL Buz-. 11 Of&t Dtf,.c :`L B, ,3 40 L;tbkramp Dtp iw,e.: 3593 Clvitkd,.'.a,.h:twzx F1, 5 u;, --,-ah.,., Scope gat Woo ter a Unties ENERGY STAR Beset ins Study (revised 2) Page c END; Consulting, august 11, 2004 PSA 05/01