HomeMy WebLinkAbout388086 ROCKY MOUTAIN BIRD OBSERVATORY - CONTRACT - CONTRACT - 6603223PROFESSIONAL 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 Rocky Mountain Bird Observatory, hereinafter referred to as "Professional'.
W ITNESSETH:
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 Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of one (1) 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
one (1) page, and incorporated herein by this reference.
3. 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. Services shall be completed no later than December 31, 2006. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in writing by the parties
hereto. In addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed one (1) 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 noticeof renewal shall
be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
4. Early Termination by City. 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 Professional. Such notice shall be delivered at least fifteen (15) days prior to the
Professional Services Agreement —January, 2005 1
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:
Professional: City: With Copy to:
Rocky Mountain Bird Observatory City of Fort Collins, Natural Resources City of Fort Collins, Purchasing
230 Cherry St. Attn: Daylan Figgs PO Box 580
Fort Collins, CO 80521 281 N. College Ave. For Collins, CO 80522
Fort Collins, CO 80524
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole right
and remedy for such termination.
5. Desian, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold
harmless the City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of
the services furnished under this Agreement. The Professional shall maintain commercial general
liability insurance in the amount of $500,000 combined single limits, and errors and omissions
insurance in the amount of N/A.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional a fixed fee in the amount of Thirty One Thousand
Three Hundred Eighty Dollars ($31,380), in accordance with the Work Schedule deliverables
attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference.
Professional Services Agreement —January, 2005 2
Monthly partial payments based upon the Professional's billings and itemized statements are
permissible. The amounts of all such partial payments shall be based upon the Professional's
City -verified progress in completing the services to be performed pursuant hereto and upon the
City's approval of the Professional's actual reimbursable expenses. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no
older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunderfor the payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
Professional Services Agreement —January, 2005 3
11. Personal Services. It is understood that the City enters into this Agreement based on
the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The Citys
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.
13. 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.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (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.
15. 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.
16. Law/Severability. The laws of the State of Colorado shall govern the construction,
Professional Services Agreement —January, 2005 4
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.
THE CITY OF FORT COLLINS, COLORADO
By:
J s B. O'Neill II, CPPO, FNIGP
Director urchasing &Risk Management
DATE: S� S
Rocky Mountain Bird Observatory
Title: E x cc
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: Y / s / 06
ATTEST:
(Corporate Seal)
Corporate Secretary
Professional Services Agreement —January, 2005 5
Exhibit "A°
Project: Breeding Bird Monitoring at Soapstone Prairie Natural Area
Contractor: Rocky Mountain Bird Observatory
The Rocky Mountain Bird Observatory specializes in the conservation of Rocky Mountain and
Great Plains birds and their habitats. Staff have years of experience in inventory and monitoring
grassland birds in short and mid grass prairies both in Colorado and the Great Plains. Further,
inventory and monitoring programs are based on avian ecology and statistical design and
analysis.
Scope of the Project:
• Design and initiate an inventory and monitoring protocol on Soapstone Prairie Natural
Area. Survey work will take place between June 1 and Sept 30, 2006.
• Sampling methods will be consistent with those used at regional scales thereby allowing
for direct statistical comparison between data sets.
• Sampling methods will allow for direct estimates of species abundance.
• For species in low abundance, sampling methods will allow for relative abundance
estimates.
• Conduct species specific inventories for those species of birds typically not well
represented through random sampling efforts. These may include nocturnal, colonial,
strict habitat specialists, or species widely distributed in low densities.
• Stratify habitats as needed and conduct sampling along a minimum of 30 transects and a
maximum of 40 transacts or between 400 and 500 point counts.
• Use techniques as needed to survey °non -block" habitats such as prairie dog towns,
cliffs, burns, water bodies, wetlands etc), count colonial nesters at colonies, and use call -
response surveys using recorded vocalizations (both diumal and nocturnal species).1
• Locate and provide GPS coordinates for 50-100 nests. Visit nests as needed to
determine fate of nest.
• Provide Interim Report including maps of species locations by May 1, 2006.
• Provide Interim Report including "raw data" in database format by September 1, 2006.
• Provide Final Report including maps of species locations by December 31, 2006
• Provide all maps and reports in hard copy and electronic format.
Professional Services Agreement —January, 2005 6
Exhibit "B"
Work Schedule
Work Schedule with deliverables required for payment:
• Provide Interim Report including maps of species locations by June 1, 2006.
(50% or $15,690)
• Provide Interim Report including "raw data" in database format by September 1, 2006.
(25% or $7,845)
• Provide Final Report including maps of species locations by December 31, 2006.
(25% or $7,845)
Professional Services Agreement —January, 2005 7