HomeMy WebLinkAbout127605 SERA INC - CONTRACT - AGREEMENT MISC - 2009 TRASH AND RECYCLING SET OUT SURVEYPROFESSIONAL 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 Skumatz Economic Research Associates, 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) pages, and incorporated
herein by this reference.
2, Contract Period, This Agreement shall commence upon signing and shall continue in
full force and effect until October 22, 2009, unless sooner terminated as herein provided.
3. Early Termination by Citv. 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- I With Copy to:
Skumatz Economic Research City of Fort Collins, Natural City of Fort Collins, Purchasing
Associates Resources PO Box 580
Attn: Lisa Skumatz Attn: Susan Gordan Fort Collins, CO 80522
762 Eldorado, #100 PO Box 580
Superior, CO 80027 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
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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 $500,000.00.
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 Six
Hundred Twenty Three Dollars ($5,623.00) plus reimbursable direct costs. All such fees and costs
shall not exceed Five Thousand Six Hundred Twenty Three Dollars ($5,623.00). 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
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orders, and other clarification or instruction shall be directed to the City Representative.
7. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no
older then the established city standard.
B. 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.
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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 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
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. Bindinq 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.
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.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-1.7.5-101,
C.R.S., at. seq., Professional represents and agrees that:
a.. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
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"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.SJn order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b, Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
c. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
F Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
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THE CITY OF FORT COLLINS, COLORADO
By: `-- -
..es/8- O'Neil II, CPPO, FNIGP
Director of Pja chasing &Risk Management
DATE:
Skumatz Economic jResearch Associates
By: C i-
c
Title: Pti . f
CORPORATE PRESIDENT OR VICE PRESIDENT
Date;
ATTEST:.
(Corporate Seal)
Corporate Secretary
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EXHIBIT A
SCOPE OF SERVICES
SPRING, 2009 TRASH & RECYCLING SET -OUT SURVEY
CONTRACT FOR PROFESSIONAL SERVICES
SCOPE OF WORK
Develop a baseline of recycling and trash "set out" behavior for customers of trash collectors in a
designated study area located in Fort Collins, including participation, volume / tonnage,
contamination, and other factors. The project is designed to complete the following major tasks:
1. Trash set -outs and rates — provide feedback on residential trash behaviors including
trash weights, set -outs, materials, and observational data
2. Recycling set -outs and rates — provide feedback on residential recycling behaviors
including weights, set -outs, contamination, materials, and observational data
3. Diversion rates — Using the data collected, a specific study area's overall diversion rate
will be computed
The professional will work closely with representatives from the Natural Resources departments
PROJECT DESCRIPTION
Information gathered in the field by physically measuring "curbside" set -out of household trash
and recycling bins is critical to obtain in order to comprehensively assess the trash and recycling
behaviors of residents in the studied area (and Fort Collin's solid waste system).
The professional will conduct a set -out survey and provide an assessment of residential trash
customers' participation in household recycling and waste reduction activities. The results of the
survey will allow the City to monitor effects of local pay -as -you -throw ordinances and other
programs, and help quantify progress made toward Fort Collins' goal of diverting 50% of the
community's waste stream from landfill disposal.
The professional will follow standard set -out survey methodology (a template of which will be
provided for future/routine use by the City). The survey will apply scientifically based sampling
and statistical analyses, and prescribed scheduling, routing, and weighing guidelines.
Using these protocols, the consultant will conduct a Spring, 2009 set -out survey of households in
the study area, provide documentation of data, and analyze results in a report, including:
1. trash set -out weights
2. trash set -outs by materials
3. trash observational data
4. recycling set -out weights
5. recycling set -outs by materials
6, recycling contamination
7. recycling observational data
8. trash container sizes subscribed
9. recycling participation as a percent of households and as a percent of waste
stream
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10. tonnages generated per household
11. presence or absence of key "indicator" materials in trash and recycling bins
12. apparent understanding of the recycling programs and allowed materials
13, future education needs and targets
14. cost impacts as reported by haulers translated to household levels
TIMELINE
Timeline for S rin 2009 Set -out Survey
May 22 2009
Initiateproject; kick-off meetingconference call
May 22 —June 15
Conduct set -out survey in the field
June 15
Provide preliminary data and interim project status
report
June 30
Submit draft Sprinci 2009 Set -out Survey report
July 1
City staff review & comments due to consultant
July 8
Final report due
DELIVERABLES
A template for set -out survey process and protocols, to be applied by the City for on -going data
collection and evaluation purposes.
A data base of survey results for the City's files, to be used for on -going data analysis and
waste -reduction / recycling programs analyses.
A final report and analysis including:
• Brief executive summary
• Data base (spreadsheet) and/or tables
• Specific observations and recommendations on future education needs and targets
for the City to undertake that would increase waste diversion and recycling.
FOLLOW-UP WORK ORDERS
City reserves the right to use the professional for additional contractual work during the next
year.
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EXHIBIT B
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Professional shall furnish the City with certificates of insurance showing the type,
amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Professional, such insurance as the City may deem
proper and may deduct the cost of such insurance from any monies which may be due or
become due the Professional under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Professional's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in work
performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during
the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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