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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9184700 (2)Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 1 of 8 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 the BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY, an institution of higher education of the State of Colorado 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 three (3) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 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 by all parties. Services shall be completed no later than June 30, 2019. 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. 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 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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: Service Provider: City: Copy to: Colorado State University Sponsored Programs Attn: Bill Moseley 2002 Campus Delivery Fort Collins, CO 80523-2002 City of Fort Collins Attn: Basil Hamdan PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 2 of 8 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination including non-cancelable obligations for the term of this Agreement, 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. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Thirty-Seven Thousand Three Hundred Dollars ($37,300) as per the attached Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 6. 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. 7. 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. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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. DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 3 of 8 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 performed by an institution of higher education. b. Service Provider warrants it will provide services in accordance with the scope of services attached hereto as Exhibit A. 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. Limitation of Liability and Insurance. a. Each party hereto agrees to be responsible to the fullest extent allowed by law for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees. It is expressly understood and agreed that nothing contained in this Agreement shall be construed as an express or implied waiver by either Party of the protections and limitations of liability set forth in the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., or as otherwise provided by law. Each Party represents and warrants that it maintains comprehensive general liability insurance and all coverages required by law sufficient for the purpose of carrying out the duties and obligations arising under this Agreement. Service Provider will furnish the City a certificate evidencing such insurance upon written request. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 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 DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 4 of 8 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. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will confirm the employment eligibility of all newly hired employees to perform work under this Agreement through a process consistent with the requirements of Colorado law. b. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. Service Provider 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. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 5 of 8 Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: COLORADO STATE UNIVERSITY By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834 Interim Sr. Research Administrator Bill Moseley 8/1/2018 Assistant City Attorney ll 8/2/2018 City Clerk Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 6 of 8 EXHIBIT A SCOPE OF SERVICES Introduction City of Fort Collins Utilities (City) has requested research services from the Colorado State University (CSU) Colorado Stormwater Center to improve the understanding of stormwater management practices within the City. This document is a proposal of potential research activities that may be conducted by CSU in collaboration with the City. Rain Garden Water Treatment Residual Amendment Monitoring Background In Spring 2012, the City constructed a rain garden (a LID-type water quality treatment facility at the Utility Service Center (USC) located at 700 Wood Street) to better understand the performance of rain garden systems in Fort Collins, considering the unique hydrology of the Northern Colorado region. Given the City’s requirement for installing LID-type stormwater facilities for future development, it is important to understand how these facilities will operate in the semi-arid climate of Fort Collins. CSU has previously monitored this rain garden during the summers of 2013-2015. Prior to the 2014 sampling season, the rain garden underdrain system was retrofitted to evaluate how performance was affected by the underdrain design. Results of the modified design showed significantly higher performance in terms of runoff and pollutant reduction. Despite achieving runoff and pollutant reduction, the rain garden still allowed for increased concentrations of several nutrients exiting the facility, particularly phosphorus. Based on the results of previous monitoring, CSU was tasked by the City to perform a literature review on potential bioretention filtration amendments to capture and thus reduce phosphorus exiting the system. The literature review resulted in a recommendation by CSU for the City to consider piloting the use of water treatment residuals (WTRs) as an amendment to rain garden filter media. Reviewed performance of WTRs for mitigating the export of phosphorus from engineered wetlands indicated that WTRs could be an effective amendment to treat phosphorus in stormwater. CSU recommends that the rain garden be monitored for at least one season to determine the effectiveness of WTRs for the removal of phosphorus in stormwater. The primary objective of this task is to quantify the phosphorus removal achieved by the rain garden before and after WTR amendment to the media mix. To do so, CSU will monitor the quality and quantity of rain garden influent and effluent for the 2018 monitoring season (approximately May 1 – September 30). Stormwater samples will be submitted to a CSU laboratory and analyzed for total suspended solids and nutrients (nitrogen/phosphorus). Based on historic precipitation data, it can be expected that about 8 precipitation events will be collected for analysis; however, the actual number may vary depending on precipitation and rain garden performance. Results of the 2018 monitoring will be documented in a technical memorandum. Objectives and Scope of Work The primary objective of this research activity is to assess the performance of WTRs for phosphorus removal at the 700 Wood Street rain garden. A secondary objective is to ensure that WTRs do not release harmful materials into the stormwater that subsequently is infiltrated DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 7 of 8 into the groundwater or exported through the underdrain of the rain garden. To accomplish these objectives, CSU will perform the following tasks:  Conduct a review of the study site and column tests to evaluate the amount of WTRs needed to provide sufficient treatment while maintaining adequate flow rates and summarize in memorandum  Develop written protocols for equipment installation and sample collection.  Install water monitoring at the rain garden including: o 2 ISCO auto samplers (sample collection) o 4 HOBO data loggers (pressure transducers) o 2 Nitrogen based bubbler (pressure transducers)  Collect approximately 8 influent and effluent samples for analysis (number will vary depending on the number of rain events).  Conduct bi-weekly soil moisture readings to evaluate ET and soil moisture storage of the rain garden  Conduct water balance analysis to evaluate the effectiveness of the site for removing phosphorus through treatment and infiltration  Write technical memorandum summarizing the results of the study Written reports will be delivered to the City as technical memorandums. Budget The following table outlines the individual tasks and costs associated with this work. The project budget total comes to $37,300. Final budget estimations assume that the City will be responsible for providing the bioretention mix, water treatment residuals, installation of recommended bioretention and WTR mix, and the construction of a groundwater monitoring well. Task Labor1 Other Costs Subtotal WTR Review and Column Studies $ 8,598 $ 402 $ 9,000 Equipment Installation $ 1,475 $ 1,2502 $ 2,725 Weekly Site Maintenance and Data Collection $ 4,050 $ 1,0003 $ 5,050 Rain Garden Storm Event Collection $ 4,150 $ 1,2504 $ 5,400 Rain Garden Final Report $ 2,365 $ - $ 2,365 Subtotal: $ 24,540 F & A*: $ 12,760 Total: $ 37,300 Notes: DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834 Official Purchasing Document Last updated 10/2017 Services Agreement SS 2018 – Rainwater Study Page 8 of 8 (1) – Assumes current labor rates for Undergraduate Students, Research Associate, and Professor at CSU (2) – Equipment refurbishment of ISCO automatic samplers (3) – General supplies and tools for monitoring site maintenance and sample collection (4) – Sample analysis: 2 samples per event for 8 events at Dr. Jim Ippolito’s lab * Indirect Costs: F&A rates are negotiated and approved by the Department of Health and Human Services, Colorado State University’s cognizant federal agency. CSU’s approved Modified Total Direct Costs (MTDC) rate as of July 1, 2017 is 52%. On this proposal, MTCD F&A is applied to direct costs minus GRA tuition Colorado State University’s Indirect Cost Agreement and Fringe Benefit Rates may be viewed here: https://vprnet.research.colostate.edu/OSP/facilities-and-administrative-rates-fa/ ** As with all proposal budgets the numbers herein are good-faith estimates based on the best information available at the time of proposal submission and may be subject to change. University policy dictates that all rates and expenses will be charged at their actual costs or negotiated rates as applicable, at the time of project performance. University regulations require that all contractual agreements be in place prior to the commencement of any work. Contract language and payment schedules are negotiated through the Office of Sponsored Programs and Colorado State University. Final scheduling is determined as contracts are finalized. Technical Supervision and Staff This research will be conducted under the primary supervision of Tyler Dell. Tyler is a research associate at CSU working under Dr. Mazdak Arabi and Dr. Sybil Sharvelle. Dr. Larry Roesner, as director of the Colorado Stormwater Center will also be reviewing the work conducted for the City of Fort Collins. Dr. Jim Ippolito will be supporting the project as an expert in the use of Water Treatment Residuals through his research activities since 1991. A civil engineering undergraduate/graduate student will be responsible for conducting the column study and performing the sample collection at the site. Deliverables and Schedule Below is a list of deliverables that will be submitted to the City and the proposed schedule for those deliverables assuming a contract start date of no later than August 1st, 2018:  Column Study Results Technical Memorandum: October 1, 2018  Preliminary Sampling Result Technical Memorandum: September 1, 2018  700 Wood Street Rain Garden Monitoring Final Report: June 30, 2019 DocuSign Envelope ID: 6709F1AD-2A1C-4A15-8C81-4350991F8834