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HomeMy WebLinkAbout457775 FARNSWORTH GROUP INC - CONTRACT - RFP - 7255 BUILDING CODE TRAINING SERVICESPROFESSIONAL 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 Farnsworth Group., 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. Contract Period. This Agreement shall commence September 15, 2011, and shall continue in full force and effect until September 14, 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 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 Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 1 of 11 Farnsworth Group, Inc. Commissioning Services Schedule of Charges - January 1, 2011 Professional Staff —Commissioning Per Hour 5% Discount Commissioning Specialist I Sustainalbility Specialist. ................... - ..................... ........ ......... $ 108.99 $102.60 Senior Commissioning Specialist I Senior Sustainability Specialist ............................................................... S 914.06 $108.30 Commissioning Manager/ Sustainability Manager ......... .......... ........ .... — -........_._.........—S 4 49.99 $13300 Senior Commissioning Manager/ Senior Sustainability Manager ................. ................................... ........... $ 152,ee $144.40 Principal........... ..................................... ............................ ...................... ................................................... S 174.e() $165.30 Technical Staff —Commissioning Commissioning Technician / Sustainability, Technician .... ...... ........... S 66.ee $ 83.60 Senior Commissioning Technician / Senior Sustainability Technician ....................................._...................S 499.99 $103.55 Commissioning Technical Manager / Sustainability Technical Manager ... ............. -- ... — ....... — .......... : ...... S 422.99 $115.90 Commissioning Senior Technical Manager ....................................................................... ....... .— ...... ... S 486.99 $128.25 AdministrativeSupport ............. I ............. ..................... — ...... 11-1 ........ I ...... . ...................... ............................ S 69.W $ 5U5 Miscellaneous — Commissioning Overtime Requested by Client.,_.._...._.. ............. ....... ............ ....... —.1-1- .. .....Negotiated ExpertTestimony ......... ....... ........ ........................ ................................................................................2 x billing rate FieldVehicle & Equipment:_........_._...._ ........ ............ ............... ....... ................ ......... ....... . $ 10.00(hour Automobile(per mile) ............... ............ ................................................................................... . .............. 0.54 Subcontractors & Reimbursable Expenses Related to Project * ....................... ........ ......................... Cost + 10% * Includes the actual cost of Subcontractors, blueprints, supplies, toll charges, testing services, personnel subsistence. and other costs directiv Incidental to the performance of the above services. * 5% discount on hourly rates shown in this schedule for 2011 CHARGES EFFECTIVE UNTIL JANUARY 1, 2012 UNLESS Ne IFIED Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 10 of 11 EXHIBIT "C" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 11 of 11 Professional: City: With Copy to: Farnsworth Group City of Fort Collins City of Fort Collins, Purchasing Attn: Bethany Beers Attn: Opal Dick PO Box 580 3538 JFK Parkway, Suite 3 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80525 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 forthe 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 $N/A. 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 Eleven Thousand Three Hundred Fifty -Five Dollars ($11,355) with understanding that the contract to may be expanded as shown in Exhibit "B" consisting of two (2) pages, and incorporated herein by this reference, with written approval and direction by the City of Fort Collins. 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 Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 2 of 11 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 orders, and other clarification or instruction shall be directed to the City Representative. 7. Proiect 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 established city standard. 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 forthe 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 Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 3 of 11 responsibilities nor delegate any dutie's 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. TheCity'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 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. 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. 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. Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 4 of 11 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 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 "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in 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 Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 5 of 11 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 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. 18. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 6 of 11 I�` , A ST: i i V, City Clerk APPRO�D O FORM: Assistot (pity Attorney ATTES Corporate 9ecr&taryjV THE CITY OF FORT COLLINS, COLORADO By: Jam B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: Farnsworth Group By:CA S Title: /C-Q- CORPORATE PRESIDENT OR VICE PRESIDENT Date: �z / Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services (Corporate Seal) SEAL: Z /C C' N O\G Page 7 of 11 EXHIBIT "A" SCOPE OF WORK For this proposal Farnsworth Group's fees are based on the following items: .PLANNING & DEVELOPMENT PHASE 1. Kick off meeting— Farnsworth Group will facilitate a kickoff meeting with the City of Fort Collins to Identify the goals and further refine the details of the required training programs. At this meeting a tentative schedule for the training sessions will be identified. Meeting minutes will be provided summarizing the results of the meeting. 2. Training plan draft — We will develop a draft Training Plan past on the results of the kick off meeting. This plan will be provided electronically to the Project Managers to review. 3. Review with City — We will facilitate a meeting with the City to review the Training Plan and verify it meets the requirements of the project. Meeting minutes will be provided summarizing the results of the meeting. 4. Finalize Training Plan —The Training Plan will be finalized based on the comments received from the City. 5. Develop Training materials —We will develop The: training materials as required to supporta successful workshop. This will include: a. Electronic presentation &visual aids b. Resource guide with sample documentation c. List of additional resources d. Recommended additional reading 6. Review with City —We will meet with the City in order to review all training materials and verify they comply with the Training Plan and the goals of the City. Meeting minutes will be provided summarizing the results of the meeting. 7. Finalize Training Materials— We will revise and finalize the training materials based on results and comments of the review meeting with the City. Electronic copies in PDF format will be provided to the City of Fort Collins staff for publication for Training Session #1. TRAINING PHASE 1. Prep for Training (before each session) —The Training Team will require some time to rehearse and prepare for the training sessions in order to deliver a high quality workshop. This first prep time will be longer than any prep time for subsequent sessions. 2. Deliver Training Sessions — Farnsworth Group will provide four hours of active instruction with two Instructors (Bethany Beers and Corey Chinn) to the audience Invited by the City of Fort Collins. 3. Refine Training— Following the first training session, we will meet with the City to review the feedback and comments from the trainees, and discuss how the training was successful and where it can be improved. For each subsequent training session, a similar meeting or conference call will be conducted to make sure we are meeting all requirements. Meeting minutes will be provided summarizing the results of the meeting. 4. Lessons Learned/Debrief — Following the final training session, we will facilitate a Lessons Learned/Debriefing session to review In detail the successes, failures and overall feedback about the training. We will also discuss ways to help with the subsequent learning curve and questions the city may receive following the training sessions. Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 8 of 11 EXHIBIT "B" COMPENSATION PROPOSED COMPENSATION Jask Hours Kick off meeting Cost 3.00 Training ladr'a_ft 7, [$ 945325 Revi"e___,w`°rwith"IMO 11 f$ M' TLCO] Finalize Training P.la_n 5 f$ 665;00� Develop Twining""' ateri'als 7 [$ 959?50] Revi"`ew wi[h City L [$ E2U 0] P,inalize Training Materials 6 f$ 81215J Publication of Training Materials 0 $ - Prep for Training 6 $ 798.06 Deliver Training N14th gth 2011 12 $ 1,596.00 Refine Training 2 $ 266.00 Prep for Training 2 $ 266.00 Deliver Training ill 4th gth 2011 12 $ 1,596:00 Refine Training 1 $ 133.00 Prep for Training 2 $ 266.00 Deliver Training to 1st gtr 2012 1 12 $ 1,596.00 Lessons Learned/Debrief 1 4 $ 532.00 Totals I 81 $ 10,830.00 Additional Costs Travel Costs $ 525.00 TOTAL COSTS $ 11,355.00 Assuming 300 people total $ 37.85 pp cost average Training time 53 Training Prep, Delivery $ 1,596.00 Travel Costs $ 150.00 Total estimated per session $ 1,746.00 Upon request, or as needed by the City, additional sessions may be added to the scope of this project at the above cost. Professional Services Agreement — Farnsworth Group 7255 Building Code Training Services Page 9 of 11