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HomeMy WebLinkAbout388086 ROCKY MOUNTAIN BIRD OBSERVATORY - CONTRACT - AGREEMENT MISC - 8853751PROFESSIONAL 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'. 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 Professional 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. 2. Contract Period. This Agreement shall commence upon signing and shall continue in full force and effect until December 31, 2009, unless sooner terminated as herein provided. 3. Early Termination by Citv. 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 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: Copy to: City: RMBO RMBO City of Fort Collins, City of Fort Collins PO Box 1232 230 Cherry Street Ste 150 Utilities Attn: Purchasing Brighton, CO 80601 Fort Collins, CO 80521 Attn: Link Mueller PO Box 580 700 Wood St Fort Collins, CO 80522 Fort Collins, CO 80521 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 Standard Professional Services Agreement- rev06/07 Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Proiect 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 $.NA 5. 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 forty eight thousand nine hundred seventy eight dollars ($48,978.00) according to the deliverables schedule included in the scope of services attached hereto as Exhibit A. 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 joint ownership. The City reserves the right to review and approve any manuscripts or presentations of all designs, plans, reports, specifications, drawings, and other services rendered by the Professional prior to submittal and/or release to scientific journals, other venues or parties. Standard Professional Services Agreement- rev06/07 2 6. 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. 7. 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 hereunder forthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 8. 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. 9. 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 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. 10. 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. 11, 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 Standard Professional Services Agreement- rev06/07 3 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. 12. 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. 13. 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. THE CITY OF FORT COLLINS, COLORADO By: I/V 6�,/W 4ee 04✓( roQames B. O'Neill ll, CPPO, FNIGP Director of Purchasing/& Risk Management DATE: i, /2,,L% l0Ca Rocky Mountain Bird Title: G c,i/y,- i�lj, c %Uvz. CORPORATE PRESIDENT OR VICE PRESIDENT Date: fir, //f A ATTEST: CTrporate Secretary (Corporate Sea[) i Standard Professional Services Agreement- rev06/07 4 EXHIBIT A Scope of work Rocky Mountain Bird Observatory on Meadow Springs Ranch in 2008 and 2009 Project Summary: Meadow Springs Ranch (MSR) covers an extensive area of shortgrass prairie in northeastern Larimer County, Colorado. The property lies adjacent to the City of Fort Collins' Soapstone Prairie Natural Area (SPNA), and forms a part of the southern edge of one of the largest - remaining contiguous blocks of native prairie in North America. As a result, this area supports many grassland -obligate birds and other wildlife species. MSR may be especially important for sustaining regional populations of certain grassland and wetland bird species in Larimer County due to its size, location, unique habitats, and generally good ecological condition. Many grassland bird species found in this region are declining range -wide and are vulnerable to land use changes that fragment or alter habitat, or otherwise disrupt normal breeding behavior. Because bird communities reflect an integration of a broad array of ecological conditions, including habitat structure, plant species composition, water quality and quantity, and other factors, monitoring entire bird communities offers a cost-effective means for monitoring biological integrity at a variety of scales and assessing the impacts of human -related activities on the environment. In order to help managers conserve sensitive bird species and habitats on MSR, Rocky Mountain Bird Observatory (RMBO) will conduct quantitative inventories of breeding birds and associated habitats on MSR in 2008 and 2009 to provide information on the abundance, distribution, and important habitat features and locations of breeding birds on MSR. We will conduct Distance -sampling of breeding bird populations to estimate densities of most common species on MSR using a grid of nearly 1,700 survey stations spanning the entire property (see map). We will also search for signs of breeding activity of rare, sensitive, and/or declining species, such as Mountain Plover, Long -billed Curlew, Burrowing Owl, and several raptor species, and identify specific sites on MSR that are important to these species. These surveys will be conducted in conjunction with complementary bird surveys on SPNA in 2008 and 2009. In 2008 we will focus our efforts on surveying priority areas on MSR (i.e., all areas currently occupied by prairie dogs, as well as areas identified as potential wind or other energy development sites). We will also focus on visiting all other survey stations in the western portions of the property. All survey sites not visited in 2008 will be visited in 2009. Most stations will be visited only once during 2008-2009, although additional effort will be made to sample priority areas each year, and to sample potential impact areas multiple times per year, to obtain more precise estimates of density. All information will be provided to Fort Collins Utilities in a final report at the conclusion of this 2-year project. Deliverables: 1) An interim report detailing progress in 2008, list of all species found, and any noteworthy observations made (e.g., nests found, etc) (Oct. 2008) 2) A final report providing property- and pasture -level density estimates for most common breeding bird species; numbers of all other bird species found; descriptions, maps, photos, and UTM locations of sensitive bird habitats and locations; map of all surveys locations; and distribution/abundance maps for common and important rare species (Dec. 2009) Standard Professional Services Agreement- rev06/07 3) Electronic files of all bird and habitat data (in excel), UTMs of survey stations, nest sites, and other important locations, and written reports (Dec. 2009) Qualifications: Rocky Mountain Bird Observatory is a 501(c)3 not -for -profit organization founded in 1988 dedicated to the conservation of birds and their habitats. RMBO monitors bird populations in the Rocky Mountains and Great Plains region in cooperation with major land and resource management agencies, including the Colorado Division of Wildlife, the U.S. Forest Service, Bureau of Land Management, National Park Service, and many others. In cooperation with the City of Fort Collins RMBO has been monitoring breeding birds on Soapstone Prairie Natural Area in northern Larimer County since 2006 in order to assist the City in conserving sensitive biological resources while managing lands for multiple -use. The principal investigator on this project has 15 years professional experience in field ornithology and holds a B.S. in Wildlife Biology from the University of Vermont and a M.S. in Wildlife Science from Louisiana State University. Cost: We estimate the total cost for this project, including relatively minor parallel survey efforts on SPNA (primarily on prairie dog towns, see map), will cost $83,331 in 2008 and 2009. RMBO will provide $34,353 in funds to accomplish this project. The City of Fort Collins Utilities Dept share will be $48,978. • June 2008: $10,000 (at signing) • Oct. 2008: $5,000 after receipt and approval of deliverables #1 • March 2009: $20,000 at commencement of field activities for yr 2 • Dec. 2009: $13,978 after receipt and approval of deliverables #2 Standard Professional Services Agreement- rev06/07 Soapstone Ranch i '- 3 A✓ Jack Springs Pasture _ � f t A 1. 3 ------------------- 44 7' 8 , .. .r { u.. v ._J..... Meadow Springs Ranch Index Map 4h g e Legend t Point Count Locations i - Roads ° Map Index y� Meadow Springs Ranch Pasture Boundary Prairie Dog Colonies wetlandsf_ 1 N 0 1.5 3 Kilometers 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. Standard Professional Services Agreement- rev06107