HomeMy WebLinkAbout264868 SWCA ENVIRONMENTAL CONSULTANTS - CONTRACT - RFP - 7177 FORT COLLINS GHG TECHNICAL ASSISTANCEPROFESSIONAL SERVICES, AGREEMENT
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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 SWCA Environmental Consultants, hereinafter referred to as
"Professional".
WITN ESSETH:
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 three (3) pages, 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 "B", consisting of
one (1) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence November 2, 2010, and shall
continue in full force and effect until Jenearyr3+4-2@-1-1. UU f 3 ( P Zol Z
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:
SWCA Environmental Consultants City of Fort Collins City of Fort Collins , Purchasing
Attn: Mr. Chris Haas Attn:Lucinda Smith PO Box 580
295 Interlocken Boulevard, Suite 300 PO Box 580 Fort Collins, CO 80522
Broomfield, CO 80021 Fort Collins, CO 80522
Standard Professional Services Agreement- rev03/10
1
EXHIBIT B
WORK SCHEDULE
Task
Completion Date
Finalize roles and responsibilities, timeline and
communication protocol
Within 1 week of contract
signing
Project kickoff and process mapping meeting
Nov. 15, 2010
Final process map and recommendation letter
Nov. 22,2010
Preliminary design options identification
Nov. 24, 2010
Database and reporting tool desi gn meeting — final
design options
Nov. 29, 2010
Database development with feedback.from CFC
Dec. 15, 2010
Reporting tool development with feedback from CFC
Jan 10, 2011
Database and reporting tool testi ng
Jan. 14, 2011
Draft database and reporting tool to Fort Collins
Jan 14, 2010
Final and transfer to City of Fort Collins
Jan 28, 2011
2010/2011 GHG Report Review
Within 2 weeks of
request
Project completion
July 31, 2012
EXHIBIT C
FEE SCHEDULE
Task
Cost
Task I — Kickoff and Evaluate process
$5,016
Task II — Develop data repository and process
$8,833
Task Illa — Develop reporting tool and review
emissions reporting
$7,020
Task Illb — Emissions reporting review
$4,862
Total estimated cost
$25,731
Hourly Rates
Senior Project Manager (Richard Young) $150/hr
Project Manager (Andy Hultgren) $110/hr
Senior Database Designer (Darcee Ki Ilpack) $131/hr
Database Specialist 1 $ 79/hr
Database Specialist 2 $100/hr
Technical Editor $ 70/hr
Travel Expenses
Two one day meeting trips for Andy and Rich would be $1200 total (4x$300/ea). Travel c osts for
these two one -day meetings are included i n the cost estimates above.
EXHIBIT D
ARRA REQUIREMENTS
"American Recovery and Rein vestment Act of 2009"
Procurement Provisions:
This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following
provisions:
ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS. (a) None of
the funds appropriated or otherwise made available by this Act may be used for a project for the
construction, alteration, maintenance, or repair of a public building or public work unless all of
the iron, steel, and manufactured goods used in the project are produced in the United States.
(b) Subsection (a) shall not appl y in any case or category of cases in which the head of the
Federal department or agency involved finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron, steel, and the relevant manufactured goods are not produced in the United S tates in
sufficient and reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron, steel, and manufactured goods produced in the United States will increase
the cost of the overall project by more than 25 percent.
(c) If the head of a Federal department or agency determines that it is necessary to waive the
application of subsection (a) based on a•f inding under subsection (b), the head of the epartment
or agency shall publish in the Federal Register a detailed written justification as to why the
provision is being waived.
(d) This section shall be applied in a manner consistent with United States obligations under
international agreements.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.
(a) SHORT TITLE. —This section may be cited as the "Employ American Workers Act".
(b) PROHIBITION.—
(1) IN GENERAL. —Notwithstanding any other provision of law, it shall be unlawful for any
recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public
Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any
nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements
for an H-1 B dependent em ployer (as defined in section 212(n)(3) of such Act (8 U.S.C.
1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not
apply.
(2) DEFINED TERM. —In this subsection, the term "hire" means to permit a new employee to
commence a period of employment.
EXHIBIT E
SPECIAL TERMS AND ,CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS
TABLE OF CONTENTS
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 2
2. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION 2
3. LOBBYING RESTRICTIONS 2
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 2
R AMERICAN
6. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009) 8
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
2. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an
attachment to this award or are referenced on the Agreement Face Page. A list of all
intellectual property provisions may be found at
http://www.gc.doe.gov/financial_assistance_awards.htm.
b. Questions regarding intellectual property matters should be referred to the DOE
Award Administrator and the Patent Counsel desi gnated as the service provider for
the DOE office that issued the award. The IP Service Providers List is found at
http://www.gc.doe.gov/documents/I ntellectual_Property_(I P)_Service_Providers_for_
Acquisition.pdf
3. LOBBYING RESTRICTIONS
By accepting funds under this award,'you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to com municate
to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to
those prescribed elsewhere in statute and regulation.
4. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
You shall immediately notify the DOE of the occurrence of any of the following
events: (i) you or your parent's filing of a voluntary case seeking liquidation or
reorganization under the Bankruptcy Act; (ii) your consent to the institution of an
involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing
of any similar proceeding for or against you or your parent, or its consent to, the
dissolution, winding -up or readjustment of your debts, appointment of a receiver,
conservator, trustee, or other officer with similar powers over you, under any other
applicable state or federal law; or (iv) your insolvency due to your inability to pay your
debts generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the
occurrence of an event referenced in paragraph a; (ii) provide the f acts surrounding
that event; and (iii) provide the im pact such event will have on the project being
funded by this award.
c. Upon the occurrence of any of the four events described in the f irst paragraph, DOE
reserves the right to conduct a review of your award to determine your compliance
with the required elements of the award (including such items as cost share,
progress towards technical project objectives, and submission of required reports). If
the DOE review determines that there are significant deficiencies or concerns with
your performance under the award, DOE reserves the right to im pose additional..
requirements, as needed, including (i) change y our payment method; or (ii) institute
payment controls.
d. Failure of the Recipient to comply with this provision maybe considered a material
noncompliance of this financial assistance award by the Contracting Officer.
5. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, ( Recovery Act)
was enacted to preserve and create j obs and promote economic recovery, assist those
most impacted by the recession, provide investments needed to increase economic
efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other inf rastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to
minimize and avoid reductions in essential services and counterproductive State and
local tax increases. Recipients shall use grant funds in a manner that maximizes job
creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begi n planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with
the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction w ith other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for
Recovery Act funds and to ensure those records com ply with the requirements of the
Act.
The Government has not fully developed the implementing instructions of the Recovery
Act, particularly concerning specific procedural requirements for the new reporting
requirements. The Recipient will be provided these details as they become available.
The Recipient must comply with all requirements of the Act. If the recipient believes
there is any inconsistency between ARRA requirements and current award terms and
conditions, the issues will be referred to the Contracting Of ficer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated f rom .
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5. Covered Funds will have special accounting codes and will be identified as
Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using
Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered f unds — the
contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,
subcontractor, grantee, or recipient is an employer; and any professional membership
organization, certification of other professional body, any agent or licensee of the
Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State
or local government, the State or local government receiving the funds and any
contractor or subcontractor receiving the funds and any contractor or subcontractor of
the State or local government; and does not mean any department, agency, or other
entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract).
other than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and ex penditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue
streams. No part of the funds from the Recovery Act shall be commingled with any other
funds or used for a purpose other than that of making payments for costs allowable for
Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreem ent derived from the American Recovery
and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local
government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of
the funds appropriated or otherwise made available by the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C.
App.) or of the Comptroller General is authorized —
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to,
and involve transactions relation to, the subcontract, subcontract, grant, or subgrant;
and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
D. Publication
An application may contain technical data and other data, includi ng trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and m ark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to
which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or
disclosed only for evaluation purposes, provided that if this applicant receives an award
as a result of or in connection with the submission of this application, DOE shall have
the right to use or disclose the data here to the extent provided in the aw ard. This
restriction does not limit the Government's right to use or disclose data obtained without
restriction from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the
website www.recovery.gov , maintained by the Accountability and Transparency Board.
The Board may exclude posting contractual or other inf ormation on the website on a
case -by -case basis when necessary to protect national security or to protect information
that is not subject to disclosure under sections 552 and 552a of title 5, United States
Code.
E. Protecting State and Local Government and Contractor W histleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but
are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may
not be discharged, demoted, or otherwise discriminated against as a reprisal for -
disclosing, including a disclosure made in the ordinary course of an employee's duties,
to the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee (or other person working
for the employer who has;the authority to investigate, discover or terminate misconduct,
a court or grant jury, the head of a Federal agency, or their representatives information
that the employee believes is evidence of:
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agen cy contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to
covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis
to conclude that the non -Federal employer has subjected the employee to a prohibited
reprisal. The agency shall either issue an order denying relief in whole or in part or shall
take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held
before the reprisal, together with compensation including back pay, compensatory
damages, employment benefits, and other terms and conditions of employment that .
would apply to the person in that position if the reprisal had not been taken.
• Order the employer to pay the employee an amount equal to the aggregate
amount of all costs and expenses (including attorneys' fees and expert witnesses'
fees) that were reasonably incurred by the employee for or in connection with,
bringing the complaint regarding the repr isal, as determined by the head of a court of
competent jurisdiction.
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any
agreement, policy, form, or condition of employment, including any predispute arbitration
agreement. No predispute arbitration agreem ent shall be valid or enforceable if it
requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall
post notice of the rights and remedies as required therein. (Refer to section 1553 of the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov,
for specific requirements of this section and prescribed language for the notices.).
F. Request for Reimbursement
Reserved
G. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principal, employee, agent, contractor,
sub -grantee, subcontractor or other person has subm itted a false claim under the False
Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds.
H. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds
under the Recovery Act including such items as timecards and invoices. Recipient shall
provide copies of backup documentation at the request of the Contracting Officer or
designee.
I. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 2015.
J. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Applicable if award is to a State Government or an Aqenc
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State
or agency thereof by the American Reinvestment and Recovery Act of 2009; Pub. L.
111-5, the Governor of the State shall certify that: 1) the state will request and use funds
provided by the Act; and 2) the funds will be used to create jobs and promote economic
growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the
Act are not accepted for use by the Governor, then acceptance by the State legislature,
by means of the adoption of a concurrent resolution, shal I be sufficient to provide
funding to such State.
Distribution — After adoption of a State legislature's concurrent resolution, funding to the
State will be for distribution to local governments, councils of government, public entities,
and public -private entities within the State either by formula or at the State's discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-
5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance
of this award that the infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Recipient shall provide an
additional certification that includes a description of the investment, the estimated total
cost, and.the amount of covered funds to be used for posting on the Internet. A State or
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 combined single limits
limits and errors and omissions insurance in the amount of $n/a.
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: Senior Project Manager (Richard Young) $150/hr
Project Manager (Andy Hultgren) $110/hr
Senior Database Designer (Darcee Ki Ilpack) $131/hr '
Database Specialist 1 ! $ 79/hr
Database Specialist 2 $100/hr
Technical Editor $ 70/hr
Reimbursable direct costs: Travel Expenses - Two one day meeting trips for Andy
Hultgren and Rich Young would be $1200 total (4 x $300/ea).
Travel costs for these two one -day meetings are included in
the cost estimates above.
Standard Professional Services Agreement- rev03/10
2
v-
local agency may not receive infrastructure investment funding from funds made
available by the Act unless this certification is made and posted.
6. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS (MAY 2009)
a. To maximize the. transparency and accountability of funds authorized .under the
American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act)
as required by Congress and in accordance with 2 CFR 215.21 "Uniform
Administrative Requirements for Grants and Agreements" and OMB Circular A--102
Common Rules provisions, recipients agree to maintain records that identify
adequately the source and application of Recovery Act funds. OMB Circular A--102
is available at http://www.whitehouse.gov/om b/circulars/a102/a102.htm I
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB
Circular A--133, "Audits of States, Local Governments, and Non -Prof it
Organizations," recipients agree to separately identify the expenditures for Federal
awards under the Recovery Act on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF --SAC) required by OMB Circular A--133.
OMB Circular A--133 is available at
http://www.whitehouse.gov/omb/circulars/al33/al33.html. This shall be
accomplished by identifying expenditures for Federal awards made under the
Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III
on the SF --SAC by CFDA number, and inclusion of the prefix "ARRA" in identifying
the name of the Federal program on the SEFA and as the first characters in Item 9d
of Part III on the SF --SAC.
Recipients agree to separately identify to each subrecipient, and document at the
time of subaward and at the time of disbursement of funds, the Federal award
number, CFDA number, and amount of Recovery Act funds. When a recipient
awards Recovery Act funds for an existing program, the information furnished to
subrecipients shall distinguish the subawards of incremental Recovery Act funds
from regular subawards under the existing program.
d. Recipients agree to require their subrecipients to i nclude on their SE FA
information to specifically identify Recovery Act funding similar to the requirements
for the recipient SEFA described above. This information is needed to allow the
recipient to properly monitor subrecipient expenditure of ARRA funds as well as
oversight by the Federal awarding agencies, Offices of Inspector General and the
Government Accountability Office.
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Twenty Five Thousand Seven Hundred Thirty One Dollars ($25,731.00) in accordance with
the Work Schedule attached hereto as Exhibit "C", consisting of one (1) page, and incorporated
herein by this reference. 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. ' 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 City in an AutoCAD version no
older then the establis hed city standard.
9. 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.
Standard Professional Services Agreement- rev03/10
3
10. 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 benef its or for any other purpose.
11. 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.
12. 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.
13. 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.
14. 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.
Standard Professional Services Agreement- rev03/10
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15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, t heir officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties. ,
16. 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. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreem ent are set forth in Exhibit "D" - American Recovery and
Reinvestment Act of 2009 (ARRA), consisting of one (1) page, and Exhibit "E" - Special Terms
And Conditions For The Energy Efficiency And Conservation Block Grant Program — Formula
Grants, consisting of nine (9) pages, attached hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev03/10
5
THE CITY OF FORT COLLINS, COLORADO
By: jaa te- 464.
mes B. O'Neill II, C.PPO, FNI
Direc of Purchasing & Risk Management
DATE: iLzo -Go
SWCA Environmental Consultants
By:
Title: k
CORPORATE PRESIDIENT OR VICE PRESIDENT
Date: /1A t260
ATTEST:
(Corpo rate Seal)
er ate Secretary
Standard Professional Services Agreement- rev03/10
EXHIBIT A
SCOPE OF SERVICES
Task I: Evaluate Process
PROFESSIONAL will work with City staff to review the Scope of Work, discuss the City's vision
and goals and critical project -success factors, assign roles and responsibilities, establish a
communication protocols and develop a f inal schedule. PROFESSIONAL is available to meet
at least twice in person with City staff at key points in this project, though efforts will be made to
meet "virtually" when appropriate to red uce the carbon impact of the project. PROFESSIONAL
agrees to offset travel impacts of the project by purchasing carbon offsets.
PROFESSIONAL will work with key City personnel involved with the City's GHG data collection
and reporting to develop a process map of the City's GHG data collection, analysis, and
reporting process. This process map will include the following:
• All City of Fort Collins GHG-related reporting activities across the organization.
• What tasks are completed and what is required for each step, including identification of
existing reporting tools.
• Who is responsible for each step.
• The timeframe surrounding each step.
• Existing standards against which reporting is completed, and considerations of future
reporting requirements including
• The impact of reporting standards on data collection (records sourcing and
quality assurance)
• The impact of reporting standards on data analysis (calculation methodologies
and conversion factors), and
• The impact of reporting standards on the reporting of results (format of the
emissions profile by scope, gas, etc.; potential for third party verification; and
formatting of data for bulk data transfer applications).
Based on the outcome of the process mapping exercise, PROFESSIONAL will develop a set of
recommended process improvements that enable the City to report GHGs more quickly and
efficiently, with reduced redundancy, and in a way that anticipates reasonably foreseeable
future reporting needs. PROFESSIONAL will provide a letter report with the process map and
our process recommendations to the City, and will be available to discuss the results of Task 1
with City staff.
Task II: Develop Data Repository and Process
PROFESSIONAL will develop a user-friendly data repository and reporting system to store all
activity data that feeds into community and municipal GHG inventory and reduction reporting.
The system will be based on a relational database and will be designed as a data repository for
the City's GHG data, including summary data from Utility Manager, community -level GHG
inventory activity data, and other data the City may wish to track. .
PROFESSIONAL will work with City staff to document the City's data storage and GHG
reporting needs. We will review various design and capabil ity options for the system; evaluate
the hardware, software, and licensing requirements, restrictions, and standards; and finalize the
list of desired data input and reporting capability parameters.
PROFESSIONAL will develop a database for City use on the City's network resources. The final
database will allow.for the reliable storage and retrieval of the City of Fort Collins' data. The.
database will include a user-friendly data input interface. This data input interface will delineate
all data elements and input requirements, provide for automated data quality checks to identify
and flag potential data entry or other errors, allow for the tracking of document/data-control
information, and include separate custom ized data input modules for the primary data input
sources identified in the Task I process map.
PROFESSIONAL will provide a pilot of the database interface for the City to review along with
the Task Ilia reporting tool. Once the database devel opment process is finished, we will provide
documentation on the database, including table and relationship structures, data -entry tools,
and a.user manual on how City staff can update and maintain the database with a
recommended process (format/timeline) for City departments to provide data.
Task Ilia: Develop Reporting Tool
Once the database has been developed, PRO FESSIONAL will create a simple, automated
reporting tool interface within it. This tool will calculate the City's various GHG emissions
inventories (with municipal, community, and sub -inventories as needed); allow for reporting by
scope, gas, source, and date; and enable repo rting of GHG emissions metrics (e.g., metric tons
carbon dioxide equivalent [M t COA per person) identified during the design m eeting. The
reporting tool will include basic graph -generating capabilities.
After the reporting tool has been created, w e will provide documentation describing its
functionality and embedded -calculations (including conversion factors with .complete
references), methodologies, and assumptions. We will also develop a user manual on how to
generate the reports.
Task Illb: Independent Review
PROFESSIONAL will complete an independent, informal, third -party review of the City's
community emissions reporting for 2010 and 2011 data, to affirm acceptable data quality for this
emissions reporting effort. Upon completion of our review, we will provide the City with a letter
stating our opinion regard irig the quality of the inventory for each of the 2010 and 2011
inventory years.
Project Deliverables
The scope of work outlined above will include the following corresponding deliverables.
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• A process map of the City's current GHG reporting processes
• Written recommendations for efficiency improvements in GH G-related data collection
• A database for City GHG activity data and metric storage and retrieval
• Database documentation, including a user manual on data entry and maintenance
• A reporting tool linked to the database enabling the efficient generation of City reporting
metrics
• A reporting tool user manual that describes tool functionality and the calculation
methodologies embedded within it
• A summary of our review of the City's 2011 and 2012 inventory reports
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