HomeMy WebLinkAbout130469 BRENDLE GROUP - CONTRACT - CONTRACT - 5507699PROFESSIONAL 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 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 two (2) page[s), 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 ten (10) days following execution
of this Agreement. Services shall be completed no later than May 31, 2006. 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:
215 North Mason Street • 2nd Floor • N.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-677.5 • Fox (970) 221-6707
www.fcgov.com
Professional:
City:
With Copy to:
The Brendle Group, Inc.
Purchasing Division
Brian Woodruff, Project
Attn. Judy Dorsey
City of Fort Collins
Manager
2138 Sunstone Dr.
PO Box 580
City of Fort Collins
Fort Collins, CO 80525
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.
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, and errors and omissions insurance in the amount of
5. 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:
See Exhibit B. Cost and Work Hours
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed seventeen thousand dollars ($17,000). 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.
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
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
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: c)
am s B. O'Neill II, CPPO, FNIGP
Director f urchasing & Risk Mana ement
DATE: o
The Brendle Group Inc.
By: — �1A
Title: //1e
CORPORATE'PRESIDENT OR VICE PRESIDENT
t1 L9 �05-
(Corporate Seal)
EXHIBIT A
SCOPE OF SERVICES
The Professional would do the following:
1. Make one or more visits to Fort Collins to speak with stakeholders and assess the
City's overall VMT-reduction program, described above. The number of stakeholders is to
be determined, but should be sufficient to cover the range of the City's programs, perhaps
six to twelve people. '
2. Prepare a detailed report with specific recommendations on changes to transportation
and land -use policy and practice that would bring us in line with best practices of
comparable cities, including identification of best practices, and cost ranges and priorities
for recommended changes. City staff is to have an opportunity for one round of review
and comment before the report is finalized.
3. Recommend one or more methods by which the City could evaluate the continuing
performance of our overall VMT-reduction program as per City Plan Policy T-9.1 —Vehicle
miles traveled (VMT): The City will continually strive to reduce the growth rate in VMT by
implementing a VMT reduction program that strives to meet or exceed the performance of
similar programs in comparable cities, including appropriate metrics, data sources, and
priority among alternatives identified.
4. Make one additional visit to Fort Collins to make two PowerPoint presentations
summarizing the report and recommendations (item 2 above), one to City staff and one to
a citizen advisory board. The City would retain the right to use the presentation materials.
City staff will assist by helping to identify stakeholders, arrange and support meetings, and, if
requested, provide brief descriptions of VMT-related programs and policies and other
documentation of the City program.
The consultant should have demonstrated expertise in working with local government
organizations to
• evaluate transportation demand management solutions that help to meet land -use,
transportation, and environmental goals
• understand the costs and benefits of various transportation solutions, especially when
integrated over a range of actions
• identify best practices as well as the most technically and politically feasible
transportation demand management measures
• communicate program recommendations to both technical and non -technical
audiences
DELIVERABLES
1. Report [electronic format preferred]
2. PowerPoint Presentation
EXHIBIT B
COST AND WORK HOURS
Furthermore please note that, aside from VTPI, we will not charge travel or other direct
expenses related to meetings or field services from Brendle Group staff, assuming that
all work will be completed within the greater Fort Collins area.
Our 2005 published hourly labor rates are provided as follows:
Principal
$102/hour
Senior Engineer
$85/hour
Junior Engineer
$65/hour
Intern Engineer
$4o/hour
Technical Editing
$45/hour
Word Processing
$5o/hour
Graphic Design
$55/hour
Based on these rates and the mix of staff anticipated for this project, we estimate the
effective billing rate from The Brendle Group to be $75/hour. VTPI's effective rate in
U.S. dollars is $too/hour. The following table summarizes the project total cost and
work hours for The Brendle Group and VTPI.
Task
Hours of Effort
Deliverables
Time
Needed
VTPI
Brendle
Total
Literature review
10
5
2 weeks
Review current Fort Collins policies
& practices
20
20
2 weeks
Consult stakeholders
15
20
Meetings
1 week
Identify suitable performance
indicators
10
10
1 week
Prepare draft report
10
151
Draft report
2 weeks
Finalize report
0
10
Final report
2 weeks
Final presentation
10
10
Presentation
2 week
Contracts/Project Management
10
Totals
75
100
170
12 weeks
Billing rate (U.S. dollars per hour)
$100
$75
Total labor cost
$7, 500
$7, 500
$13, 000
Special Expenses
$2, 000
$2, 000
Two trips to
Fort Collins
Total
$9,500
$79500
$179000