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HomeMy WebLinkAbout125216 WALSH ENVIRONMENTAL SCIENTISTS & ENGINEERS - CONTRACT - RFP - P1069 GEO-SPATIAL IMAGERY & VEG. CLASSIFICATIONSERVICES 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 Walsh Environmental Scientists and Engineers, LLC, 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 six (6) pages and GIS file titled AOI, incorporated herein by this reference. 2. 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 June 8, 2007, and shall continue in full force and effect until September 14, 2007, unless sooner terminated as herein provided. 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 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) SA 09/01/06 1 Areas Of Interest L Legend Z Roans O/ CIN_GenemlA quiWWn +»- MeaJawSpri�gSPrzgerly fj f Intro, Plpnliea (PIMI. D, BounUanes) P,.d speukcn ' 0 2.5 5 10 Miles C. Tasks C.1. Task 1 —Project Area Image Collection The Service Provider will task Quickbird satellite to acquire digital imagery for the agreed upon Area of Interest for a mid to late June collection. Initially, the Service Provider will perform a feasibility study and work with Digital Globe to identify any possible issues that might hinder successful collection. The Service Provider will submit the AOI for a collection window of approximately July 10 to July 30, 2007. As a backup, the Service Provider will task the IKONAS satellite to acquire the area as a speculative collection. This will provide an alternative data source in the event an image can not be acquired by Quickbird. The City would not have any financial or contractual liability for the IKONAS speculative. The Service Provider will task the satellites using the following three priority levels: 1. General Acquisition - Turn on the satellite to collect these areas for possible future purchase as an archive. This includes the whole city urban area that includes city limits and a little outside of that. The second area would be the extent of Meadow Springs ranch. SA 09/01 i06 10 These areas include the largest possible extent that the City would need, but would not be a deliverable at this time. The datasets that are relevant to this area are MeadowSpringsProperty.shp and City_AOI.shp 2. Project Specific - These are areas that we would have processed and delivered from the general acquisition. This includes the natural areas boundaries in the urban area and Soapstone. The dataset that is relevant to this area is PD_ImageryFinal.shp 3. Inner priorities -These are areas that are most important inside of the project specific areas if these areas are not already ubiquitous in the project area (i.e. urban areas that are already covered by prairie dog colonies). The most significant example being the SE corner of Soapstone. These areas would be used in the case where the imagery would meet the 20% cover criteria but the most important part of the property was obscured. This additional criteria would allow another collection to occur on another day. The datasets that are relevant to this area are Prairie_Dogs_200".shp and 2006PrairieDogsMeadowSprings.shp. Per map on page 3 and GIS file provided by the City to the Service Provider C.2. Remote Sensina Analvsis The newly collected data will be delivered as a multispectral "standard" image and georeferenced to the City's parameters. The data will not be ortho-corrected because the majority of the Area of Interest is flat and the additional accuracy would not outweigh the increase in cost. Data will be acceptable if there is 20% or less cloud cover. The Service Provider must work with DigitalGlobe to ensure this. Georeferencing will be improved by obtaining ground control points (GCPs) through published sources for an accuracy of 4 m or greater. These sources will be the City of Fort Collins aerial imagery (2002) and the Larimer County aerial imagery (2005) and the City's ground control points as a shapefile. The dataset will be distributed with a "basic" license which allows the data to be used and distributed within a single organization. The Service Provider will process the Quickbird multispectral images using the normalized differential vegetation index (NDVI) process to determine percent vegetation cover. The NDVI values will be classified based on thresholds that represent the cover classes requested by the City (0-20%, 21-40% etc) as referenced in Section IV. In situations where denuded bright soils can alter the NDVI process the Service Provider will implement the soil adjusted vegetation index (SAVI). The Service Provider will perform a visual interpretation of the 0.61 m (or 1 m) panchromatic and multispectral data to identify the location of prairie dog mounds. The process will use a heads - up digitizing to place a point and a circle (polygon) around each mound or burrow. The circle will be extended on the burrow to the average perimeter of mound disturbance. This approach SA 09/01 /06 11 will provide a single point for the burrow location as well as the estimated impact for each burrow individually and collectively. Attributes will be generated and on -center location and area for each prairie dog burrow will be included in the GIS file. Data should be 85 % accurate and be delivered as a GEOTIFF and also as a MrSID. C.3. Task 2- Ground Truthin Ground-truthing of vegetation cover conditions will be conducted to provide an input to further refine the threshold cover category values in the NDVI. Ground-truthing will be conducted using the quadrat method of ocular estimation for percent canopy or foliar cover values (as opposed to basal cover). Sample locations will be pre -located prior to site visits, in a random stratified pattern in proportion to areas of each estimated vegetation cover class within each natural area These locations will be entered into a GPS receiver unit as way points. Each point will be located in the field and sampled using a half -meter sampling frame placed on the ground, approximately centered on the sample point. Percent foliar cover within the sampling frame will be estimated to the nearest 5 percent class and recorded. This value will comprise live, rooted vegetation plus litter (dead remains of previous years' plant growth). These visually estimated cover data will be correlated back to the predicted NDVI value estimate for each sample point and the final model will be adjusted to accommodate these results. Final results will be produced in ESRI compatible GRID format as a continuous gradient and reclassified grid that is based on the predetermined breaks. A second round of ground- truthing will be conducted as described above. Model -predicted cover class values will be compiled against actual field estimations in a standard error analysis for each cover class. The location of prairie dog mounds identified on the satellite imagery in the proximity of located sample transects will be field checked for accuracy against those calculated by the remote sensing analysis. CA. Optional Future Vegetation Classification As an optional future task, Service Provider can perform a detailed vegetation classification using the existing in-house QuickBird data. The process would classify land cover based on the spectral signatures of different known groups or classes of vegetation. The process would use a supervised classification that is based on a training set. Known vegetation classes would be identified on the QuickBird multispectral data. The computer model would then classify each pixel based on its unique signature. The model would be reviewed and adjusted based on ground truthing and or knowledge of the site. Cost for the remote sensing analysis would be $2,600 not including ground-truthing. C.S. Task 3- Report of Findings Deliver the anticipated products and deliverables within six (6) weeks of acquiring the imagery. The final deliverable will be a report of findings that will summarize all methods and materials used in project execution. SA 09/01 /06 12 IV. Products & Deliverables 1. Digital versions of all imagery (panchromatic, multispectral, NVDI, etc) in GeoTIFF and MrSID format. * 2. The following categories should be rendered in a layer file, using the GeoTIFF image, (producing a visible color map) at a 1 m2 (or smaller) resolution*: (a) 0-20% cover (b) 21-40% cover (c) 41-60% cover (d) 61-80% cover (e) 81-100% cover 3. A separate layer identifying prairie dog mounds center point locations as a point shapefile, and the radius of the mound area as a polygon* 4. Standard Error Matrix. 5. Write -Up of the Procedure * All products will be delivered in State Plane NAD 83 Feet Colorado North. In addition, the imagery of Meadow Springs will also be delivered in the 1927 State Plane Colorado North. SA 09/01 /06 13 EXHIBIT "B" WORK SCHEDULE P1069 Geo-Spatial Imagery & Vegetation Classification I. Timeline 1. Imagery Acquisition July 10 —July 30, 2007 2. Project Completion Within six (6) weeks of acquiring the imagery. (Between August 21 and September 14, 2007) SA 09/01 /06 14 EXHIBIT "C" COST SCHEDULE P1069 Geo-Spatial Imagery & Vegetation Classification I. Costs (Fixed Price) 1) Basic Project- Fort Collins Urban Area: Tasks Task 1: Image Task 2: Task 3: Total Project Acquisition and Ground-truthing Project Report Cost Remote Sensing Analysis Time 4,040 5,000 2,080 $11,120 ODCs 1,800 500 300 $2,600 Totals 5,840 5,500 2,320 $13,720 2) Soapstone Prairie Natural Area: Tasks Task 1: Image Task 2: Task 3: Total Project Acquisition and Ground-truthing Project Report Cost Remote Sensing Analysis Time 4,120 2,500 1,440 $8,060 ODCs 3,910 300 200 $4,410, Totals 8,030 2,800 1,640 $12,470 3) Meadow Springs: Tasks Task 1: Image Task 2: Task 3: Total Project Acquisition and Ground-truthing Project Report Cost Remote Sensing Analysis Time 3,600 1,500 $5,100 ODCs 3,700 200 $3,900 Totals 7,300 1,700 $9,000 Grand Total Project Costs: $35,190.00 SA 09101l06 15 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: 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. SA 09/01 /06 16 ACORD- CERTIFICATE OF LIABILITY INSURANCE 06/26/07D"YYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH of Upstate New York, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 344 Delaware Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Buffalo, NY 14202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 716 856-1100 INSURERS AFFORDING COVERAGE NAIC # INSURED Walsh Environmental Scientists & INSURER A: Commerce & Industry Ins. Co. 19410 INSURER B: Engineers, LLC INSURER C: 4888 Pearl E. Circle, Suite 108 INSURER D: Boulder, CO 80301 INSURER E: IVYCRAVCo THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYI POLICY EXPIRATION DATE IMMIDDIYYI LIMITS A GENERAL LIABILITY GL4178739 08/01/06 08/01/07 EACH OCCURRENCE s3000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR DAMAGE TO RENTEDPREMISES (Ea owunrencel $SOO OOO MED EXP (Any one person) E50 000 PERSONAL S ADV INJURY $3 000 000 GENERAL AGGREGATE s3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $3000000 POLICY PRO- LOC A AUTOMOBILE X LIABILITY ANY AUTO CA5053647 08/01/06 08/01/07 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Par person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTYDAMAGE (Per accident) $ - GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO 0 $ AUTO ONLY: AGG A CE EXSS/UMBRELLALIABILITY X OCCUR CLAIMS MADE BE5190387 08/01/06 08/01/07 EACH OCCURRENCE $10000000 AGGREGATE $10 000 000 $ DEDUCTIBLE X RETENTION $ 10000 $ WORKERS COMPENSATION AND I WC STA7U- OTH- EMPLOYERS'UABILITYDRY E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE E E.L. DISEASE - POLICY LIMIT I $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: P1069 Goo -Spatial Imagery & Vegetation Classification --- The City of Fort Collins is named as an additional insured on the general liability as required by written contract. City of Fort Collins 215 North Mason Street, 2 nd Floor Fort Collins, CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -_3p_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE fFinayuc4 SMD Q ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ^""^`� �w lavv uvol Z OT Z W37024 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MIMIDDTYYYYI 06/26/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The O'Shaughnessy Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2889E Center Ridge Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. #301 B Westlake, OH 44145 INSURED Walsh Environmental Scientists & Engineers, LLC 4888 Pearl E. Circle Boulder. CO 80301 L.0 V CKAUt.? INSURERS AFFORDING COVERAGE I NAIC # NSURERA Arch Specialty Insurance Cc INSURER 8 INSURER C. NSURER D. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 8 'L POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LMITS GENERAL LIABILITY EACHOCCURRENCE $ PREMISES Eeocarence $ COMMERCIAL GENERAL LIABLIrY MED EXP (Anyone person) $ CLAIMS MADE 1:1OCCUR PERSONAL & ADV NJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LMRAPPLIES PER. PRODUCTS - COMP/OPAGG $ POLICY PRa LOC AUTOMOBILE LIABILITY accdtlert) NGLE LMR $ ANYAUTO (Es ALL OWNED AUTOS BODLY N $ SCHEDULED AUTOS (Per personn)) HRED AUTOS BODL $ NON -OWNED AUTOS (Pereccided) idert) PROPERTYDAMAGE $ (Perawdert) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC ANYAUTO $ $ AUTO ONLY AGG EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- MITS OTF+ FIR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRETORFARTPER/D(ECUTIVE OFRCERIME BER E)CLUDED? ff s, describe under E.L.DSEASE - EA EMPLOYEE $ E.L. DISEASE - POLICYLMIT $ SPECIAL PROVISIONS below A OTHER Environmental Consultants ECL0000725-02 7/24/2006 7/24/2007 $1,000,000. Per claim $1,000,000. Total All Claims Professional & Pollution Liab I I DESCRIPTION OF OPERATIONS I LOCATIONS )VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Fort Collins is an additional insured under the above captioned policy with respects to the Contractors Pollution Liability Coverage City of Fort Collins 215 North Mason Street, 2nd Floor P. O. Box 580 Fort Collins, CO 80522 ACORD 25 (20D1/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE.:. C0 , S:e (E) ACORD CORPORATION 199R 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: Service Provider: City of Fort Collins Walsh Environmental Scientists and Engineers, LLC Attn: Purchasing Division Attn: Maureen O'Shea -Stone P.O. Box 580 4888 Pearl East Circle, Suite 108 Fort Collins, CO 80522 Boulder, CO 80301-2475 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 a fixed fee in the amount of Thirty -Five -Thousand -One -Hundred -Ninety Dollars ($35,190.00), per the attached Exhibit "C", Cost Schedule, consisting of one (1) page and incorporated herein by this reference. Final payment shall be made following acceptance of the work by the City. Upon final payment, all data, datasets imagery, GIS files, reports, 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. SA 09/01 /06 2 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 SA 09/01 /06 3 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. Bindinq 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 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. SA 09/01 /06 4 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 Aqainst 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. SA 09/01 /06 5 E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. 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. SA 09/01/06 6 CITY OF FORT COLLINS, COLORADO a municipal corporation By; Jame O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: m 0 -2 It Walsh Envi By: t, Print Name t Corporate President or Vice President Date: 45i1/� '? _ATTEST- � (Corporate Sea[) Corporate. Secrry SA 09/01 /06 7 neers, LLC EXHIBIT "A" SCOPE OF SERVICES P1069 Geo-Spatial Imagery & Vegetation Classification Background Over the past decade, the City of Fort Collins Natural Areas Program has begun to manage a growing number of local and regional natural areas. In 2006 that acreage grew to more than 31,000 acres. These lands include relatively small, isolated natural areas within the urban setting, a collection of foothills sites just to the west of town, a series of natural areas along the Poudre River, and two large regional natural areas: Bobcat Ridge and Soapstone Prairie. The program's overarching objective is to manage for ecosystem health and sustainability of the natural resources. This requires active management and monitoring of certain species, such as the black -tailed prairie dog. A single colony can inhabit many acres land and their activity typically has a significant impact on the vegetation within the colony and the surrounding areas. Over the past several years the Natural Areas Program has implemented traditional (on the ground) vegetation monitoring methods to enhance our understanding of vegetation cover and composition within the prairie dog colonies. This project was initiated to increase the efficiency and magnitude of the program's monitoring program on prairie dog colonies. Through remote sensing and classification of vegetation cover the program is looking to gain comprehensive information on the effects of prairie dog colonies as this relates to the location and density of the prairie dog populations. This data will be used to inform future management of the prairie dogs. II. Summary of Objectives The purpose of this project is to collect and analyze spatial information in and around prairie dogs colonies on sites owned by the City of Fort Collins Natural Areas Program. This project seeks to achieve the following two goals: 1. Determine percent vegetation cover within and surrounding the prairie dog colonies/polygons. 2. Determine the locations and extent of prairie dog burrows within each colony or polygon. III. Services A. Basic Requirement Request, collect, process and analyze digital imagery in specified Fort Collins natural areas (see AOI) and adjacent lands in order to fulfill objectives as described above. This must occur during the time of year that most effectively captures both cool season and warm season herbaceous vegetation. This time is probably mid -to -late July (exact period may need adjustment depending on spring precipitation events). SA 09/01 /06 8 B. Area of Interest The Area of Interest includes three main locations. Also, see map on following page and GIS file titled AOI. 1. Base Project- Fort Collins Urban Area: The Fort Collins urban area includes eight (8) separate natural areas located on the southern and western edges of the City. Some of these sites appear contiguous as they are separated only by a road while others are separated by several miles of urban development. 2. Soapstone Prairie Natural Area: Collect and process imagery of an 11,506 acre eastern portion of Soapstone Prairie Natural Area located 35 miles north of Fort Collins. 3. Meadows Springs: Collect and process imagery of approximately 26,000 acres of Meadow Springs located south-east of Soapstone. Meadow Springs is owned by the City of Fort Collins and managed by the Utilities department. NATURAL AREA ACREAGE 1) CATHY FROMME PRAIRIE NATURAL AREA 1,077 2) COLINA MARIPOSA NATURAL AREA 207 3) COYOTE RIDGE NATURAL AREA 2,166 3a) COYOTE RIDGE NATURAL AREA/JONES PARCEL 36 4) FOSSIL CREEK RESERVOIR NATURAL AREA 93 4a) FOSSIL CREEK WETLANDS NATURAL AREA 220 4b) FOSSIL CREEK RESERV. REGIONAL OPEN SPACE 462 5) HAZALEUS NATURAL AREA 163 6) MAXWELL NATURAL AREA 290 7) PINERIDGE NATURAL AREA 619 8) PRAIRIE DOG MEADOW NATURAL AREA 84 TOTAL ACRES FOR F.C. URBAN AREA #1 5,418 SOAPSTONE PRAIRIE NATURAL AREA #2 18,764 MEADOW SPRINGS AREA #3 (approximate) 26,000 APPROX. TOTAL FOR ENTIRE AREA OF INTEREST 50,182 SA 09/01 /06 0