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HomeMy WebLinkAbout270131 COMPUTER TERRAIN MAPPING - CONTRACT - RFP - P1062 MAP BROCHURE DESIGN SERVICES (2)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 COMPUTER TERRAIN MAPPING, INC., hereinafter referred to as "Service Provider". 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 Service Provider 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. 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 April 9, 2007, and shall continue in full force and effect until April 9, 2008, 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 Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service EXHIBIT B WORK SCHEDULE P1062 Map/Brochure Design Services -Natural Areas This work schedule is subject to change and shall be agreed to in writing by both the Service Provider and the City. April, 2007 - Meet with Service Provider to further develop expectations May, 2007 - First draft submitted to review team June, 2007 - Second draft submitted to review team July, 2007 - Final draft, producelprint map August, 2007 - Map/brochure is ready for distribution in EXHIBIT C COST SCHEDULE P1062 Map/Brochure Design Services -Natural Areas The cost for the map/brochure project will be based on the rates, estimated hours, and quantities below: Cost Task Total 32 hrs. @ $95/hr. Data Collection/ Assembly $3,040 40 hrs. $75/hr. Map Production $3,000 40 hrs. @ $75/hr. Graphic Design and Layout $3,000 16 hrs. @ $75/hr. 4 Meetings $1,200 16 plots @ $20 ea. 8-2 sided Plots/Proofs 16 total $ 320 15 photos Photo Purchase, Royalty Free $1,000 4 fonts Font Purchase 320 Total $119880 Printing Option Est. 5,000-10,000 Maps/Brochures $3,080-$11,760 depending on size and format. Changes in the project may reduce or increase the cost (i.e. fewer meetings, proofs, or more photographs needing to be purchased). Any changes in the cost shall be negotiated and agreed to in writing by both parties. At the option of the City Purchasing Department, which will be made in writing, Service Provider will select either the printer, and/or coordinate production, and/or delivery of final map/brochure. Option costs shall be also be negotiated and agreed to in writing by both parties once a size and format for the map/brochure have been established. m EXHIBIT D INSURANCE REQUIREMENTS 1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider'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 Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. 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 Service Provider 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 Service Provider 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. I Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/Notice. 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 Service Provider. 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: City: City of Fort Collins Attn: Purchasing Division P.O. Box 580 Fort Collins, CO 80522 Service Provider: Computer Terrain Mapping, Inc. Attn: Heidi Ochis 1401 Walnut Street, Suite C Boulder, CO 80302 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "C" Cost Schedule, consisting of one (1) page and incorporated herein by this reference. Maximum cost (for both Service Provider's time and reimbursable direct costs) not to exceed Eleven -Thousand -Eight -Hundred -Eighty ($11, 880.00) Dollars. Monthly partial payments based upon the Service Provider's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Service Provider's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Service Providers 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 Service Provider shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. 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 or cause of action arising out of performance of this Agreement. 11. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 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 thereof. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 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. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit D, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider, before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. 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. 18. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. ATTEST: CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jam B O'Neill II, CPPO, FNIGP Dir o of Purchasing and Risk Management Date: COMPUTER MAPPING SERVICES, INC By: A h ©hints PRINT NAME N.iAi O(,his PRINCIPAL IN CHARGE Date: 4-to. o i (Corporate Seal) EXHIBIT A SCOPE OF WORK P1062 Map/Brochure Design Services -Natural Areas 1. BACKGROUND The Service Provider will provide planning, design, and layout services to produce a map/brochure for the City of Fort Collins Natural Areas Program. The map/brochure will show all City of Fort Collins Natural Areas and may include other nearby publicly -owned properties (e.g., County and State recreation areas). Text written by Natural Areas staff will also be incorporated. The audience for the map/brochure is Natural Areas visitors of all abilities; however some information of interest to outdoor enthusiasts, such as mountain bikers, hikers, equestrians, or anglers will be included. The purpose of the map/brochure is to provide practical orientation information and also serve as an outreach tool. The City of Fort Collins Natural Areas Program has conserved over 36,000 acres locally and regionally. With several regional properties and an increased focus on welcoming visitors, providing unique experiences and stewardship, our previous map/brochure (entitled "Nature Next Door") is out of date. The Natural Areas Program anticipates that the map/brochure will be a signature brochure, providing information about recreation at natural areas and serve as a marketing tool. 11. OBJECTIVES The map/brochure must use Natural Areas Program Visual Identity Guidelines and provide: A. Basic orientation information (e.g., location and boundaries of local and regional natural areas, access points, trails, restrooms, bodies of water) provided by the City and other participating agencies. B. Information for more advanced natural area visitors (e.g., trail difficulty rating, trail mileage, trail type [soft surface or paved], shaded relief or topographic contour lines, land ownership). More advanced information must be incorporated in a way that does not overwhelm less experienced visitors. Some of this will be provided by the City and participating agencies, other information will be obtained by the vendor through research. C. Recreation information in table/chart form (e.g., what activities are available at each site, accessibility, fees) provided by the City and other participating agencies. D. Regulations, trail etiquette, safety information. This will be provided by the City. E. Contact information for the Natural Areas Program and potentially for other land management agencies, provided by the City and other participating agencies. F. Text emphasizing welcoming visitors, quality experiences, stewardship provided by the City. G. Graphics (e.g, photograph for front, trail yield icon, illustrations, natural areas logo). Some will be provided by the City and participating agencies, others may need to be obtained by the vendor. Must comply with all copyright and license requirements. III. PROJECT PLANNING AND IMPLEMENTATION Natural Areas Program personnel have reviewed a variety of different open space maps and brochures, but have not determined exactly which product is preferable. The Service Provider will: A. Have an initial meeting with the review team and view examples of maps that have desirable and undesirable components. B. Develop the map brochure based on this Scope of Work and the initial meeting. C. Obtain electronic Geographic Information System (GIS) layers, or other forms of map information necessary, from the City of Fort Collins and other public land managers as needed. D. Create the map/brochure. E. Take review team feedback and incorporate comments, or make suggested changes. For efficiency, the goal is to have no more than three (3) drafts, but the vendor will submit drafts until the review team is satisfied with the product. F. Research and present paper options and recommendations based on anticipated use of the product and budget. G. Assist with selection of printer and/or coordinate production of final map/brochure, at the option of the City. H. Archive the map brochure and provide support to the City (e.g. by providing electronic files or other necessary information) for update of the map for ten (10) years. The City will: A. Provide text and information for certain components of the map/brochure. B. Facilitate the review, development and production process. IV. SPECIFICATIONS -PRELIMINARY The map/brochure specifications will be developed in conjunction with the Service Provider. Initially, the City estimated: Flat size: 22" x 17" (flat), or larger Print: 4 color process with soy inks on both sides Stock: 70# Recycled Stock Folded Size: either 3-5/8" x 8-1/2" or 4-114" x 5-1/7 (based on 22" x 17" flat size) Initial Quantity: 5,000-10,000 a