HomeMy WebLinkAbout2024 FCS Bowman Standard Contract - City of Rexburg Utility Rate Study
CONTRACT AGREEMENT
BETWEEN
FCS, a Bowman companyRedmond Town Center7525 – 166th Ave. NE, Suite D-215Redmond, Washington 98052
AND
City of Rexburg35 N. 1st EastRexburg, ID 83440
PROJECT: Utility Rate Study
THIS AGREEMENT combines all understandings between the Parties regarding professional services for the Project named above and supersedes all prior proposals, quotations, solicitations,
negotiations, representations, agreements, or understandings, whether written or oral.
The performance of the professional services herein described and authorized by City of Rexburg, as well as payment for such services, shall be in accordance with the terms and conditions
presented in this Agreement and the following Sections and Exhibits which are attached and incorporated by reference which, taken together, shall constitute the whole Agreement.
Section I-Relationship of the PartiesSection II-Contract ProvisionsExhibit A-Scope of Work and Task PlanExhibit B-Fee Schedule
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this _____________ day of __________________________, 20______.
APPROVED:APPROVED:
FCS, a Bowman companyCity of Rexburg
____________________________ ___________________________
Angie Sanchez Virnoche, PrincipalName :
PrincipalTitle :
Date: _____________________Date: _____________________
SECTION I: RELATIONSHIP OF THE PARTIES
The City of Rexburg ("Client"), desires to complete a Utility Rate Study ("Project"). In furtherance of the Project, the Client hereby contracts with FCS, a Bowman company ("FCS") to
provide the professional services described in Exhibit A of this Agreement. All services shall be performed under the joint supervision of the Client’s Representative, Keith Davidson,
Public Works Director, or a designee or designees identified in writing to FCS by the Client’s Representative.
This Agreement shall inure to the benefit of and be binding upon successors, assigns, and legal representatives of each of the Parties hereto. Any assignment or transfer of an interest
in this Agreement by either Party without the written consent of the other shall be void.
SECTION II: CONTRACT PROVISIONS
1. Scope of Work: <FCS shall perform the service for the Client as defined in Exhibit A of this Agreement.
2. Contract Term: <The Scope of Work for the conduct of the study as set forth above is anticipated to be completed by FCS within the time frame specified below:
Notice to Proceed: Upon signature of Contract Agreement by both parties
Contract Term: October 1, 2025- Contract shall expire on said date unless mutually extended by both parties.
FCS agrees to perform the work described in the Scope of Work according to the contract schedule. Any delays shall be agreed upon by FCS and Client prior to the due date. Changes in
the schedule caused by Client delays may require additional compensation and a change order.
If FCS is delayed in the performance of services by conditions which are beyond their control, or by a change in the scope of work, the schedule showing time of performance may be revised.
Any revision thereto shall be submitted in writing to the Client for review and approval by the Client Representative. If FCS’s services are temporarily suspended by the Client in the
interest of the Project and with written notice to FCS, and the suspensions last longer than 90 consecutive days, FCS shall be compensated for any additional labor and direct expenses
incurred due to the interruption and resumption of services.
3. Payment: <FCS will be paid by the Client under the following terms:
Time and Materials: FCS will be paid by Client on a time and materials basis in accordance with the standard billing rates attached hereto as Exhibit B. Direct expenses will be charged
as identified in Exhibit B. FCS agrees to perform the services as set forth in Exhibit A at a cost not to exceed $144,775 (one hundred forty-four thousand, seven hundred and seventy-five
dollars). It is understood that FCS will not exceed this amount without Client’s prior written authorization. Payment to FCS for services set forth in Exhibit A shall be an amount equal
to FCS's standard billing rates as set forth in Exhibit B multiplied by the actual hours worked in the period.
Should any unforeseen project delays, not caused by FCS, and/or any requested amendments to the original scope of work, cause this contract to extend more than 90 days past the original
contracted schedule date, any work and/or amendments to the work shall be billed at the standard billing rates in effect for the period of time the work is being performed. If said change
in billing rates will cause the project to exceed the amount stated in the preceding paragraph, a change order will be prepared and signed by both parties.
FCS will invoice Client monthly, and payment shall be made within 30 days of receipt of invoice.
4. Supplemental Agreements: <Supplemental Agreements may be entered into upon mutual written agreement that would increase or decrease the scope and associated costs and payment.
5. Work to be Accomplished: <All work accomplished will be performed under the direction of the Client Representative or his/her Designee.
6. Termination: <This contract may be terminated by the Client by giving FCS written notice of such termination no fewer than fifteen (15) days in advance of the effective date of said
termination. FCS shall be entitled to terminate this agreement only in the case of a material breach by the Client, and upon failure of the Client to remedy said breach within fifteen
(15) days of said notice. In the event that the contract is terminated before completion, FCS shall be paid for the services to date on the basis set forth in Paragraph 3, plus 10% of
the total compensation earned to time of termination to compensate for FCS's rescheduling adjustments, reassignment of personnel, and related costs incurred due to termination. The Client
shall notify FCS of termination or abandonment in writing.
7. Indemnity: <FCS shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement.
FCS hereby agrees to hold the Client harmless from and shall process and defend at its own expense, specific claims, demands or suits at law or equity, arising from FCS's negligent performance
of the provisions of this Agreement; provided that if the Client and FCS are concurrently negligent, FCS shall be required to indemnify and defend only in proportion to negligence of
FCS. These indemnity provisions shall not require FCS to defend or indemnify the Client against any action based solely on the alleged negligence of the Client.
If the Client makes changes to FCS work product without authorization of FCS, the indemnity provisions shall not require FCS to defend or indemnify the Client against any action that
arises from the unauthorized changes to FCS work product.
8. All Work Produced is Joint Property of FCS and the Client: <The materials, computer programs, reports, calculations, analyses, etc., generated by FCS under this contract including
the final report shall be the joint property of the Client and FCS. FCS may retain copies thereof for work paper documentation and their own use unless specifically restricted in writing
by the Client as to use.
Computer models use generally available software, such as Microsoft Excel (TM), and FCS does not intend or imply any warranty of those programs.
9. Intended Use and Users of the Work Product: The work products provided under this Agreement are intended for the use of the Clients for the purposes described in the Scope of Services
at Exhibit A. No other users or uses are intended or implied. FCS is not a Municipal Advisor as defined by the US Securities and Exchange Commission (“SEC”) and the Municipal Securities
Rulemaking Board (“MSRB”). Clients will not represent the work products provided under this Agreement as Municipal Advice within the legal definitions represented by the SEC and the
MSRB.
The information used in developing the forecast assumptions will be derived from published information and other sources FCS considers appropriate. However, FCS cannot assume responsibility
for the accuracy of such material. Moreover, forecasts are subject to many uncertainties as to the future; therefore, FCS cannot represent that the projected financial statements will
be representative of the results that actually occur. FCS will endeavor to include appropriate comments drawing the readers' attention to these matters.
10. Integrated Agreement: <This agreement together with attachments or addenda, represents the entire and integrated agreement between the Client and FCS and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended by written instrument signed by both the Client and FCS.
11. Independent Contractor: <The parties intend that an independent Contractor/Client relationship will be created by this agreement. No agent, employee, or representative of FCS shall
be deemed to be an agent, employee, or representative of the Client for any purpose. FCS shall be solely responsible for all acts of its agents, employees, representatives, and subcontractors
during the performance of this contract.
12. Equal Opportunity: <FCS is committed to the principles of providing equal employment opportunities for all employees. The performance and diversity of our employees will help us
meet the challenges of the present and the future in serving our clients. This policy statement is a reaffirmation of our long-standing commitment to provide equal opportunity on the
basis of individual merit and personal qualifications to employees and applicants for employment without regard to race, color, religious creed, sex, sexual orientation or preference,
gender identity, genetic characteristics or information of employee or family, age, national origin, ancestry, marital status, citizenship, the presence of sensory, mental, or physical
disability, pregnancy/childbirth or related condition, medical condition, membership in the military service, veteran’s status, political ideology or any other basis protected by applicable
federal, state, or local laws.
13. Notices: <Notices to the Client shall be sent to the following address:
City of Rexburg
Attention: Keith Davidson, Public Works Director
35 N. 1st East
Rexburg, ID 83440
Keith.davidson@rexburg.org
Notices to FCS shall be sent to the following address:
FCS, a Bowman company
Attention: Angie Sanchez Virnoche, Principal
Redmond Town Center
7525 – 166th Ave. NE, Suite D-215
Redmond, Washington 98052
mailto:angies@fcsgroup.comangies@fcsgroup.com
425.336.4157
EXHIBIT A: SCOPE OF WORK AND TASK PLAN
The scope of services (the “Scope”) proposed to complete the Project shall be as described in Exhibit A (attached)
EXHIBIT B: FCS, a Bowman company – Budget & Fee Schedule
(See Attached Exhibit B)
LABOR
Position/TitleBilling Rate
PrincipalsStandard Rates$260-$305
Project ManagersStandard Rates$215-$245
ConsultantsStandard Rates$165-$200
Administrative and Technical Support
Public Relations$180
Technical Writer/Graphic Artist$155
Administrative Support$105
DIRECT EXPENSES
Major direct expenses, such as travel, mileage, and lodging, will be charged at cost. Other expenses will not be directly charged unless by mutual agreement of the client and FCS GROUP
and specific terms will be established in advance prior to expenditure and billing.
SUBCONSULTANTS
When applicable, subconsultants will be charged at invoiced cost plus 10%.
Month Day, Year (is this mo, day, year needed here?) I don’t think so. Move page # to bottom? Page
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