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HomeMy WebLinkAbout226434 UNIVERSITY OF COLORADO BOULDER - CONTRACT - PURCHASE ORDER - 9126263Fixed Price Aqreement Terms and Conditions This agreement, effective November 1 , 2012 to March 31 , 201 3, is between City of Fort Collins, Water Production Division, at 4316 LaPorte Avenue, Fort Collins, CO 80521 ("Sponsor") and the REGENTS OF THE UNIVERSITY OF COLORADO, a body corporate, acting on behatf of the Department of College of Engineering and Applied Sciences at the University of Colorado Boulder, a public institution of higher education created under the Constitution and law of the State of Colorado ("University"). THE PARTIES THEREFORE AGREE as follows; Universily shall use reasonable efforts to conduct the research project in accordance wiih the project research plan, titied, "Research Support in Energy Management Apply to Water Diskibution Sysiems" ("Project") and dated October 31 ,2012 attached and incorporated herein as AppendixA. TheProjectwill beunderthedirectionandsupervisionoftheUniversity'sprincipal investigator,DistinguishedProfessorFrankS. Barnes ("P1"). PayntentTerms. Sponsoraffirmsandrepresentsthatitwill usenofederal fundstopayforthisProject. Sponsorwill payUniversity thefixedpriceof$3,042. Thissumshall bedueandpayableonthedateofdeliveryofthelastdeliverablelistedinAppendixA. Title to Deliverables. Sponsor shall take title to the Deliverables on the date of delivery. Deliverables shall be transferred F.O.B. Origin. RightsRetained. Universityshall havetherighttouseihedatageneratedundertheProjectforeducational andnon-commercial research purposes. University shall have the right to publish the project results. Intellectual Property. Universityshall own, andshall havethefirstrighttopatent,all patentableinventionscreatedundertheProject, including any patentable inventions disclosed in the Deliverables. Publicity. Either party may publicly identify the parties to this Agreement, title of the Project, and fixed price total. Any use of the name of the other party in any publicity, advertising, or news releases requires the prior written approval of the authorized representative of the other party. ExportControls. University and Sponsor are subject to applicable U.S. export laws and regulations. Sponsor shall identify any export controlled information or materials as such prior to providing such information or materials to University. Compliance with Laws. Each party shall be responsible for its compliance with all applicable laws, rules and regulations. Disputes, The parties agfee to engage in good faith negotiations to amicably resolve any disputes pertaining to this Agreement and the project. The parties may engage the services of a mutually agreed upon third party mediation ihould a resolution not be forthcoming. This Agreement shall be governed by the laws of the State of Colorado, without regard to conflict of laws. Termination. Either party may terminate the Agreement upon thirty (30) days prior written noticslo the other. Project results and deliverablesduethroughthedateofterminationshall beprovidedbyUniveisiiytoSponsor. All reasonablecostsandnon-cancelable obligationsincurredbyUniversitythroughthedateofterminationshall bereimbursedbySponsor, Innoeventshall Sponsor's paymentobligationexceedthefixedpricesetforthhereinunlessterminationisduetononpayment. lnthecaseofterminationfor nonpayment, interest shall continue to accrue for any sums due and payable but unpaid, at the rate of 1.5% per month. Good Faith Efforts. University will use its good faith efforts to perform the Project. Project resulls are provided "as-is", and University makes no representations or warranties, expressed or implled, in regard to the quality of the services, Project deliverables or the Project results. Sponsor agrees to indemnify and hold harmless University against any claims arising out of Sponsors use, commercial sale, or distribution of Project results. Governmental lmmunities. Nothing contained in this Agreement shall be construed as an express or implied waiver by the University of its governmental immunity or of the governmental immunity of the State of Colorado or as an express or implied acceptance by the University of ljabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental lmmunity Act, C.R.S. 24-'10-101 et seq. Independent Parties. Nothing herein shall be construed as creating a relationship between the parties of principal and agent, partnership orjoint venture, or employee and employer, it being understood and agreed that the parties are independent parties entering into an agreement. EntireAgreement, ThisAgreementcontainstheentireandsoleagreementbetweentheUniversityandSponsorwithrespecttothe Pro.ject. This Agreement supersedes all previous negotiations, agreements, commitments and writings between the parties pertaining University of Colorado Boulder Frank Barnes Profossor Departmenl of Eiectrical, C0mpuler, and Energy Engineering Engineering Center - Room ECEE 1 855 426 UCB Boulder, Colorado 80309-0425 t f8225 303 3034922758 492 Frank.Barnes@colorado.edu October 31,2012 City of Forl Collins Water Production Division 43 16 LaPorte Avenue Fort Collins, CO 80521 Attention: Ms Lisa Voytko - Water Production Manager Subject: Research support in Energy Management apply to Water Distribution Systerns We hereby request to city of Fort Collins, Water Production Divi6ion, suppoft to Paulo Fracasso execute rssearch in Energy Management apply to Water Distribution Systems of the city during the period behveen November l,Z0l2 to March 31,2013. l. fntroduction As presented in September 5th, we have developed a novel intelligent framework to energy management apply to water distribution systerns. It is based on Markov Decision Processes besides information about tank levels, flow and pressure in critical network points, electrical power of pumps, position of control and block valves, consumer demand, network detail desiription and ihe uncertainty in calibration of the measurements. As result, this technique can provide an optimal control policy to reduce energy expenses in water distribution systems. 2. Activity Description This research comprises the following activities, restricted between Water Treahnent Facilitv and its o r Finished Diurnal Pattern Water Multiplier Curves Reservoirs: deterrnination, determination in to summer main outlet and winter distributions season, in based the network; on historical data; ' Simply Hydraulic Model construction, restricted between water treatment facility to water r reservoirs, PutnP Head and and with Efficiency main outlet evaluation, distributions;based in data sheets and historical data; ' oand Reservoir EnergY Optimization Dimensiott analysis, and Elevation using determination, different energy based sources on constructive (Xcel or municipal)plants; , diurnal curves and securify margins. 3, Deliverables It is expected that a white paper with all the findings, and recommendations will be presented at the end of the researph. 4. Budget CU Proposal No. 1012.12.19638 tosame.ThisAgreementmayonlybeamendedbyawritingsignedbythedulyauthorizedrepresentativesofeachoftheparties. By signing this Agreement, Sponsor acknowledges thai this Agreement supersedes and replaces any terms and conditions on purchase Orde(s) or other financial document(s) used to make payment(s). This agreement may be executed in counterpart, and photocopy, facsimile, electronic or other copies shall have the same effect for all purposes as an ink-signed original, lN WITNESS WHEREOF, the parties hereto have executed this agreement by their respective, duly authorized officers. 1. J- 6. 7. 11. 12. 13. For /r /z* I il -Jir,I *f:.; /r\ ) ()\.fUg.r .'r * ff; Title: F::rl*l *r"*l'? c':f, {)" -xfL{,*I,& '} i:"*r'* c:1* 1{'i.# {iciJqfuLol lLln!z- tr Kathleen Reneau Lorenzi, CPCM Associate Director Office of Contracts and Grants n aaffiw.Draper, PhD l?frector By: