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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - CONTRACT - AGREEMENT MISC - CSU 2014SERVICES 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 THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY ACTING BY AND THROUGH COLORADO STATE UNIVERSITY FOR THE BENEFIT OF THE INSTITUTE FOR THE BUILT ENVIRONMENT, hereinafter referred to as "University" or 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 University agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the University 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 Services Agreement Page 1 of 12 2 Design Specifications Task I: Plant/Growing Media Research and Specs- ......: 'Task II:.Plant/Growing Media Deacons- , .. Task III: Irrigation Research and Specs . . •- Task IV: Coordinating Access and Approvals,_-- - -- --� ._- Task V:. Irrigaton Decisions Activity 2 Total., $ 1,392 3 Structural Design &•Construction•( Task I Structural Design Consultation _ • Task II Coordinating Design Task III: Coordinating Approvals Activify3Total,.:$1526 .; 4 Maintenance„Monrtonng:&Research Taskl Coordinating Research;Opportunities Task W.Creation of Maintenance Guidelines Task III Oversight of Maintenance Initiation ._ Activity4Total: $1,872 •- **Value of -Donated Hours**;�$3 175 .. _. Less Value- of Donated Hours ,:'-$3, 175 Invoicing IBE will bill monthly based on progress and services performed. IBE will submit invoices by the 10th of each month. Payment is appreciated in 30 days. Reimbursable Expenses (non -travel) Reimbursable Expenses (non -travel): Expenses including reproduction costs for low volume reproductions, delivery charges, and long distance phone calls are included in the project fees. Reimbursable expenses including materials purchased by IBE for the project, as directed by The Nature in the City initiative, as a component of the Planning Service Office of The City of Fort Collins, are subject to a markup of 28% per Colorado State University overhead policy. Reimbursable Expenses (Travel) Any potential driving time would be billed at 50% of hourly rates and is not included in the above stated fee. Mileage is charged at $0.50/mile. IBE itemizes reimbursable travel expense as separate line items on invoices. Any travel will be arranged on a case by case basis. IBE travel costs not paid directly by the client are subject to a markup of 28% per Colorado State University overhead. Services Agreement Page 10 of 12 WORKING WITH IBE Subject to scheduling and availability, Colin Day will serve as the lead facilitator for this project with assistance from Executive Director Brian Dunbar and support from IBE student interns. IBE contracts with project teams and owners with the understanding that work experiences serve as excellent learning opportunities for graduate students in building related programs at Colorado State University. Students work under the guidance and supervision of IBE directors and faculty to perform various selected project tasks. IBE offers teams a high level of service and professionalism while creating valuable educational opportunities for future green building professionals. Thank you for your consideration of the Institute for the Built Environment and our proposal. If you have any questions about the content of this proposal, please do not hesitate to call. If you are comfortable with the scope of services and professional fees outlined in this proposal, please let us know and we will provide a service agreement for all or a portion of the above scope of work. We look forward to hearing back from you! Sincerely, Brian Dunbar, Executive Director Institute for the Built Environment brian.dunbar@colostate.edu 970.217.2527 cell Services Agreement Josie Plaut, Associate Director Institute for the Built Environment josie.plaut@colostate.edu 970.391.6080 cell Page 11 of 12 EXHIBIT B INSURANCE REQUIREMENTS 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: 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. Services Agreement Page 12 of 12 University 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, either party may terminate this Agreement at any time without cause by providing written notice of termination to the other part. 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: Copy to: University: City of Fort Collins City of Fort Collins Institute for the Built Attn: Purchasing — Gerry Paul Attn: Planning Services Dept. Environment PO Box 580 — Lindsay Ex Colorado State University Fort Collins, CO 80522 PO Box 580 Attn. Brian Dunbar Fort Collins, CO 80522 1501 Campus Delivery Fort.Collins, CO 80523-1501 In the event of early termination by the City, the University shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the University's obligations under this Agreement. Such payment shall be the University's sole right and remedy for such termination. 6. Contract Sum. The City shall pay the University for the performance of this Contract, subject to additions and deletions provided herein, seven thousand six hundred and sixty three dollars ($7,663) as per the attached Exhibit A - Proposal, consisting of five pages, and incorporated herein by this reference. 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 University are Services Agreement Page 2 of 12 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 University'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 Services Agreement Page 3 of 12 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. Colorado State University shall be responsible to the fullest extent allowed under the law for its own negligence, and the negligence of its employees and authorized volunteers acting within the scope of their actual authority. It is expressly understood and agreed that nothing contained in this Agreement shall be construed as an express or implied waiver by the University of its governmental and sovereign immunities, as an express or implied acceptance by the University of liabilities 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 Immunity Act, Services Agreement Page 4 of 12 C.R.S. 24-10-101 et seq., as a pledge of the full faith and credit of the State of Colorado, or as the assumption of any of the parties of a debt, contract or liability of each other in violation of Article XI, Section 1 of the Constitution of Colorado. The University is liable for breach of contract in the.same manner as any private party would be under Colorado law under the same or similar circumstances. 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 B, 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. Services Agreement Page 5 of 12 CyIYOF RT OLLIN COLORADO p na mnicCati B: o Gerry S. Paul Director of Purchasing and Risk Management Date: THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM acting by and through Colorado State University: By: Lynn s Asso iate ce President for Finance APPROVED: f PPROVED AS TO FORM: -T, W ' �`i By: Dean, Director or Department Head ❑FUND ACCT NO.: 220'g000 By a n /v c, I A h Q A (� y JOZ3// `) Do Aurand, JD, Director Contracting Services. Services Agreement Page 6 of 12 EXHIBIT A A PROJECT MANAGEMENT CONSULTATION SERVICES FOR TECHNICAL ASSISTANCE WITH LIVING WALL/NATURE IN THE CITY SCOPE OF SERVICES Summary Scope of Work 'IBE Team' consists of executive direction and graduate research associates who will offer design, coordination, construction and maintenance oversight of The City of Fort Collins' first Living Wall project. IBE will provide coordination services to The City of Fort Collins. Specifically, IBE will provide: 1. Set and coordinate the project objectives, the design and its components, site selection, project schedule and implementation, 2. Coordinating the specification of plants, growing media and structural systems, 3. Coordinating construction and maintenance of the Living Wall, and 4. Coordinating the establishment of ongoing monitoring procedures and research opportunities. Schedule and Scope of Work Based on our current understanding of the project, IBE will perform the following services for the City of'Fort Collins and the Urban Lab such that the demonstration Living Wall project will build on the current direction, strengths and goals for the Nature in the City Program: ACTIVITY 1: Project Objectives and Site Selection Coordination of project objectives and meetings: • Introductory meetings to establish team objectives for the project. • Coordination of Landscape Architecture students in student design competition. • Participation in student design process and presentations; attendance of presentations, analysis of work and feedback on outcomes. • Follow-up meeting and discussion regarding design competition outcomes and design selection, site selection, budgeting and project interpretation schedule. Estimate of hours by type: Project Manager: 10 Executive Director: 8 Activity estimate: $ 1,950 Site Selection: • Contacting site owners and city personnel to establish a clear understanding of the procedures and approaches appropriate for each site. • Site visits and approval and process meeting(s) with the selected building owner(s) to better understand the opportunities and restrictions presented by each site. • Meeting to finalize site selection decisions. Services Agreement Page 7 of 12 Estimate of hours by type: Project Manager: 9 Executive Director: 2 Activity estimate: $923 ACTIVITY 2: Specifications and Design Plants and growing media: • Coordination of research and specifications of living wall systems and growing media. • Coordination of research and specifications of plants based on site selection, professional guidance and student designs. Estimate of hours by type: Project Manager: 8 Executive Director: 1 Activity estimate: $ 696 Water Supply and Irrigation: • Coordination of determination for best water access on site and securing approvals for access. • Coordination of research and specifications of irrigation systems most appropriate for site conditions and growing systems. • Coordination of irrigation system selection and installation. Estimate of hours by type: Project Manager: 8 Executive Director: 1 Activity estimate: $ 696 ACTIVITY 3: Structural Design, Construction and Maintenance Structural Design: • Assistance to the designer in the development of structural specifications and oversight of all necessary detail drawings to ensure proper Living Wall installation. Estimate of hours by type: Project Manager: 8 Executive Director: 1 Activity estimate: $ 696 Construction: • Assistance in the administration of installation for all physical project components on site. • Coordination of relevant parties and oversight of installation. Estimate of hours by type: Project Manager: 16 Executive Director: 1 Activity estimate: $ 830 Services Agreement, Page 8 of 12 Maintenance: • Development of an ongoing maintenance plan with the City of Fort Collins Parks Dept., defining responsibilities and procedures for involved parties. Estimate of hours by type: Project Manager: 8 Executive Director: 1 Activity estimate: $ 696 ACTIVITY 4: Monitoring and Research Based on the Urban Lab goal to foster education and research as components of our project work, Team IBE envisions monitoring and research opportunities for students, faculty and citizens within the Fort Collins community. Because of the focus of the living wall project on demonstration and experimentation, monitoring and research will be important components of identifying specific lessons learned from all project and maintenance issues, that the team experiences. • Identify student and community groups or members that would benefit from and add value to the process of monitoring project successes and failures over the first year of the project • Coordinate research brainstorming sessions to attract research teams to study selected demonstration Living Wall issues Estimate of hours by type: Project Manager: 8 Executive Director: 4 Activity estimate: $ 1,284* *If research money is identified by the City, it is ideal to fund specific research projects. Additional Activities: If The City of Fort Collins and IBE both agree that additional services are desired to address an unforeseen activity, IBE will provide an estimate of time and a clear outline of hourly rates. Work will commence if both parties agree on the additional services and costs. COMPENSATION Our professional fees for this work are shown below. Work will be invoiced, with the addition of any reimbursable expenses, on a monthly basis as a percentage of completed tasks. 1 Project Objectives and Site Selection Task I: Meetings Task II: Design Coordination Task III: Contacting Parties Task IV: Site Visit and Analysis Task V: Decision Meeting Activity 1 Total $ 2,873 Services Agreement Page 9 of 12