HomeMy WebLinkAboutRFP - P1069 GEO-SPATIAL IMAGERY & VEG. CLASSIFICATION (2)City of Fort Collins
ADDENDUM No. 2
P1069 Geo-Spatial Imagery & Vegetation Classification
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP: P1069 Geo-Spatial Imagery & Vegetation Classification
OPENING DATE: 3:OOP.M. (Our Clock) May 2, 2007
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
CHANGE:
The original RFP document in Section III A-1 states:
"Spatial resolution needs to be .61 m2 and the data is expected to be 85% accurate."
This statement is changed to:
"Spatial resolution needs to be 1m2 (or less) and the data is expected to be approximately 85%
accurate."
Reminder: Correct Opening Date is May 2, 2007.
Please contact David Carey, CPPB, Buyer, at (970) 416-2191 with any questions regarding this
addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
215 North Mason Street • 2"d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707
W W W.fcgov.com
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:
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.
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT B
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.
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CITY OF FORT COLLINS
REQUEST FOR PROPOSAL
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.
A. 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. Scope of Services
A. Basic Requirements
Request, collect, process and analyze digital imagery in specified Fort Collins urban natural
areas 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 June (exact time period may need adjustment
depending on spring precipitation events).
1. Spatial resolution needs to be .61 m2 and the data is expected to be 85% accurate.
Conduct a validation study to produce a standard error matrix. Deliver the anticipated
products and deliverables within six (6) weeks of acquiring the imagery.
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B. Area of Study
The basic requirement 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. Per map on Page 3 and in GIS data "zip" file.
C. Add — On Options (Depending on cost)
1. In addition to the urban areas described above, collect and process imagery of a
11,506 acre portion of Soapstone Prairie Natural Area located 35 miles north of
Fort Collins. Per map on Page 3 and in GIS data "zip" file.
2. In addition to the urban areas described above, collect and process imagery of a
1,247 acre portion of Bobcat Ridge Natural Area located southwest of Fort Collins.
Per map on Page 3 and in GIS data "zip" file.
NATURAL AREA
ACREAGE
CATHY FROMME PRAIRIE NATURAL AREA
1,077
COLINA MARIPOSA NATURAL AREA
207
COYOTE RIDGE NATURAL AREA
2,166
COYOTE RIDGE NATURAL AREA/JONES
36
FOSSIL CREEK RESERVOIR NATURAL AREA
93
FOSSIL CREEK WETLANDS NATURAL AREA
220
FOSSIL CREEK RESERVOIR REGIONAL OPEN SPACE
462
HAZALEUS NATURAL AREA
163
MAXWELL NATURAL AREA
290
PINERIDGE NATURAL AREA
619
PRAIRIE DOG MEADOW NATURAL AREA
84
TOTAL ACRES FOR URBAN SITES
5,418
ADD -ON OPTIONS 1 AND 2
1 SOAPSTONE PRAIRIE NATURAL AREA
11,506
2 BOBCAT RIDGE NATURAL AREA
1,247
TOTAL FOR ALL LISTED NATURAL AREAS
18,171
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----- Major streets
Uroan sites
Study Area for Basic Requirement
(Fort Collins Urban Sites)
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Study Areas for Add -on Options (Regional Sites)
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IV. Anticipated Products & Deliverables
1. Digital versions of imagery
2. Classified versions of imagery at .61 m2 resolution into the following categories:
a. Bare soil
b. 0-19% cover
c. 20-39% cover
d. 40-59% cover
e. 60-79% cover
f. 80-100% cover
g. Predominantly litter cover
h. Prairie dog mound
3. Visible Color Map
4. Standard Error Matrix.
5. Write -Up of the Procedure
V. Timeline
This Timetable is subject to change.
1.
RFP Document Available
Monday,
April 16, 2007
2.
Proposal Due Date
Wednesday,
May 2, 2007
3.
Evaluation of Proposal
Wednesday,
May 9, 2007
4.
Contract Negotiations
Wednesday,
May 16, 2007
5.
Contract Completed
Wednesday,
May 23, 2007
6.
Imagery Acquisition
Mid -to -Late June,
2007
7.
Project Completion
Within six (6) weeks of acquiring the imagery.
VI. Proposal Requirements
Vendor's response to this RFP must include the following:
1. Name, mailing and email addresses, and telephone number of responding
organization, and primary contact.
2. Project Approach.
3. Specifics of products and deliverables to be provided.
4. Qualifications of organization and assigned personnel.
5. Timeline for processing and delivering products.
6. Fees with breakdown and totals, prefer listed per acre, for:
a. Acquisition of remote imagery for the Basic Requirements, as well as separately
for Add -On Options 1 and 2.
b. Data processing, analysis, and necessary adjustments.
7. Miscellaneous Fees.
8. Related Experience.
9. References.
The City reserves the right to refuse any proposal that does not include these requirements.
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VII. Miscellaneous
The City expects to enter into a written Services Agreement ("Agreement") with the chosen
vendor that shall incorporate this RFP and their proposal. The anticipated terms and conditions
of the Agreement are set forth in the attached document. However, the City may include
additional terms and conditions in the Agreement as deemed necessary.
The City assumes no responsibility or liability for any costs vendor may incur in responding to
this RFP; including proposal samples, interview travel expenses or negotiations.
VIII. Review and Assessment
The City of Fort Collins reserves the right to select a vendor for this project on the basis of
written proposals submitted only.
Written proposals will be reviewed against the following criteria. Interviews will be rated using
the same criteria.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION
STANDARD
Does the proposal show an understanding of the
2.0
Scope of Proposal
project objective, methodology to be used and results
that are desired from the project?
Do the persons who will be working on the project have
2.0
Assigned Personnel
the necessary skills? Are sufficient people of the
requisite skills assigned to the project?
Can the work be completed in the necessary time?
Can the target start and completion dates be met? Are
other qualified personnel available to assist in meeting
1.0
Availability
the project schedule if required? Is the project team
available to attend meetings as required by the Scope
of Work?
Is the firm interested and are they capable of doing the
1.0
Motivation
work in the required time frame?
Do the proposed cost and work hours compare
Cost and
favorably with the Project Manager's estimate? Are the
2.0
Work Hours
work hours presented reasonable for the effort required
in each project task or phase?
Does the firm have the support capabilities the
2.0
Firm Capability
assigned personnel require? Has the firm done
previous projects of this type and scope?
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IX. REFERENCE EVALUATION (TOP RANKED FIRM)
The Project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
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ADDENDUM No. 1
Geo-Spatial Imagery & Vegetation Classification
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP: P1069 Geo-Spatial Imagery & Vegetation Classification
OPENING DATE: 3:00 P.M. (Our Clock) May 5, 2007
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
1. Q: Do you want images and analysis for just the prairie dog colonies and immediate
surroundings or all of the areas indicate on the Zip file (the GIS layer).
A: We want the imagery for all of the areas indicated on the GIS layer. These sites all
have prairie dogs on them and in most cases, prairie dogs populate a majority of the
site.
2. Q: Requiring a classification that distinguishes between 1. bare ground 2. 0-19% cover
and 3. a prairie dog mound will require significant detail and effort in the analysis that
could drive the cost up. Is this what you want?
A: This is important to clarify and we wish to change this request slightly. Because all
prairie dog mounds will be bare, and will often fall into numerous pixels (at the .61 m2
resolution) we need to alter the Anticipated Products and Deliverables so that the bare
ground classification is simplified. Furthermore, detection of prairie dog mounds can be
a separate somewhat coarser analysis.
New Anticipated Products & Deliverables:
IV. Anticipated Products & Deliverables
1. Digital versions of imagery
2. Classified versions of imagery at .61 m2 resolution into the following
categories:
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. If possible, the ability to
digitally count the number of mound within a given area. This layer may be
at a slightly coaser resolution than .61m2 because prairie dog mounds may
be larger than this and could fall into several of the pixels.
4. Visible Color Map
5. Standard Error Matrix.
6. Write -Up of the Procedure
215 North Mason Street • 2ntl Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 www.fraov.con
3. Q: If plague has affected a colony recently (and there was 100% mortality) and the
vegetation has yet to recover from the effects of grazing by prairie dogs, we may
misidentify a colony.
A: We have an "on the ground" monitoring program of all our prairie dog colonies and
are aware of the activity level in each colony. This project will not be the only source of
information about these colonies and it is not the responsibility of this project to identify
animal activity within each colony.
4. Q: If the satellite has many requests at this time we may have to request priority or rush
tasking to get the imagery in the third week of June. Is this what you want?
A: Cost is an important issue here and we are only interested in standard tasking. We
understand the nature of the satellite images and will work with the selected vendor to
identify and appropriate time frame for the order.
Please contact David M. Carey, CPPB, C. P. M., Buyer at (970) 416-2191 with any questions
regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
REQUEST FOR PROPOSAL
P1069 Geo-Spatial Imagery & Vegetation Classification
2=�csllins
The City of Fort Collins (City) is requesting proposals for collecting and analyzing geo-spatial
information in and around prairie dogs colonies on sites owned by the City of Fort Collins Natural
Areas Program. This project seeks to determine both the percent vegetation cover within and
surrounding the prairie dog colonies, and the locations and extent of prairie dog burrows within each
colony or polygon.
Written proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing Division,
215 North Mason St., 2nd Floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00
P.M. (our clock), on May 2, 2007. Reference P1069. If delivered, they are to be sent to 215 North
Mason Street, 2"d Floor, and Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to: Jennifer Shanahan,
Research Assistant, Natural Areas Program, phone: (970) 217-4390 or (970) 221-6281, e-mail:
jhanahan@fcgov.com
Questions regarding proposal submittal or process should be directed to: David Carey, CPPB, Buyer,
phone: (970) 416-2191, e-mail: dcarey@fcgov.com
A copy of the Proposal may be obtained as follows:
Download the Proposal (P1069.pdf) and the GIS data "zip" file (P1069.zip) from the
BuySpeed Site, https://secure2.fcgov.com/bso/login.osp
Go to Bid # P1069 Attachments.
2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision -making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely, ,
.�A
J m B. O'Nei Il, CPPO, FNIGP
D for of Purchasing & Risk Management
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 0 Fax (970) 221-6707 www.fCaov.Com
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 , 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
( ) page 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 ( ) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence , and shall continue in
full force and effect until , 200 , 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 ( ) 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
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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:
Service Provider:
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",
consisting of ( ) page(s), 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 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
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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.
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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 ,
consisting of ( ) pages[s], 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
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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.
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