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HomeMy WebLinkAboutWILLIE ALTENBURG - CONTRACT - AGREEMENT MISC - GRAZING AGREEMENTPROFESSIONAL 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 Willie Altenburg , 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. Contract Period. This Agreement shall commence May 25, 2009, and shall continue in full force and effect until November 1, 2009, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one (1) year period. 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 Professional and mailed no later than ninety (90) days prior to contract end. 3. 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 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: Standard Professional Services Agreement- rev07/08 1 May 26 09 10:30a Matthew Walsh 970-278-9396 i� A O DI T I ON A I. I N S U R"Di I I'A S (: CI CY OF LONGSSON I' 1100 S SI IERb1AN ST LOIJOMONT.. CO W501 G550 I OAN NO. ADDITIONAL INSURii D'UiASE. 5T A TF OF CO DI V OF �a'ILDLLFE (AM BROADWAY MN V LR, CO 0216- M-,: LOANNO, A-G22. I -A ADDITIONAL LNSLfRGD!LQASL ONNI TRAY INC 50 S STEHLE ST DENVER, CO 30209-2$05 LOAKNO. ADDITIONAL INSURED CITY OF FORT C'OLLM 300 LAPORTE A1,T: FORT COLLINS. CO 5052: 2719 L OAK NO. Fri May 2= 10;10:31 C:DT 2009 ADDITIONAL WSLRLD11-FASU CITY OF CRCRCI L(W ) W H 51' cR eta,rv, co sar. � I=sux LOAN NO. May 26 09 10:30a Matthew Walsh 970-278-9396 p.4 hi \day 22 I0.10:31 CDT 2009 Agent's Copy -'Phis Policy Change was submitted for processing at a future date. Please retain a copy Vehicle- Agent Dscdpaan: 199a wiER ri.aAAA;527 .. .. rt�ad. LiNDs.eY naNr: rT ' VIN. IHTSDDP]ORIfi?QO 4 1D: 05-Lifio-0: Of(cc❑, AFIM)l Named Insured 05-1-C-4999249-6 Nzma(LinrJ )t IPAISHCON$TRUCT(ON16C Addre>s: e1i9OP6T VIHWPL LOWLAND, CO 90i A-9d81 Policy Change Summay 1'0)iey Lffccdac Dale: 07117:?009 Polioy L.c}+iwlion Dam: 091/1712009 Chan-c ErlacrWo Dale: 05W/z(AI!) Clan �c Effccrire Timc: I@0A AM llem Cbnnecd G'rHER INSZiRL (la'6 I'1' OF Fell l'('ULL! V51: New Caluo Or:_f ml Valnc CITY UP oft I'COLLIVS—'— Orgnnna�ian Namc OI'HLRIN'SURL'D (CITYOP ?OR'f C'OLLIVS): Tepc Additional lnnvcd OTHER III SURLD(C!'I'Y Of :-ORTCOLLIVS): --- 3W L,%po B.hVE Addrui OTHER IN SUB ED(CITY UP FORT COLLINS): Ciiy FORTCOLL q5 01r; ER IKSUR LD(Gil 'Y OF PORT COLLINS): Slam Colorado OTH Ell IN:iUR11D(CITY OF FORT COLIANS). Zip 30521 CaWc OTH ER INSUR FO(('I'I'Y OF FORT COLL)NS): Zip 2719 Cade Leansion Lndomemcnl.(Desitnmlxl Lnu"): - CA 204N 0299 Payment Ne I':rvmem is Rl qu!roai. LonCrSl:o¢ Artmunl -till 9•). May 26 09 10:31a Matthew Walsh 970-278-9396 P.5 Fri I1"by 22 .0:10:31 CDP 2009 PI-EASL RLNIOV'E TH6SE CARDS BY CI: TTING ON DO ITED LINLS .... .'--'---............._..._.._.-.------------_."'------- — ---- — ...._ AU70NIO)HT IDENTIFICATION CARD ,.._...."---------------------- .t 1:)Y)afOulla'. it1En'fI11C4110V (-.\kD - - --- - TtIESCARON(UST HF. Gtkk1ED IN THE 1)Y$IREED MCI FOR 4T.IOC.LR TIHNUM1D Nit NI'Ill' Cl RRIVI)IN TIIF, INSU)tCD ]IOTOR Y'F.)IIC).E SHF1TEk GENERAL INSliR,INCE COMPANY I-SOPYHELTER % 511ELPFR CCNPRAL INiCDdNCI: C.OMVNN-Swb011ECITIR IRITNY. RROADWAY COLDO$IA.610.65!MR114H ; IN14 W\ DROAHWiV COLC]ERI1. A(O. bi?IS.000I ACbIHT: LINDSAYARNETI' (070)377-207,11 ;,GENT: LlnusAY ARfiI:'I'1' (9]0)37]-1170� I`OLIC'\'.VO. OS-t-CJY'17119-4 RI/PD: SIL I00R000 ' POLICY NO.1 -,I C-49102A9-4 (f 111'll. Y.'1, unNlUnp EFFECTIVED.ATL05i1,'VN0 }:SPIRATTON D(TF. 09OTRl09 EFPEC'TR'E DA1'F nA^TRnV I:V1'OAI'ION DATE, 09!I i/'_099 19911N'f f.D VLN HIUSDI'MIJIMN74 fYrot INTER YAAA4:S2T Vn•; 1uTSDPI'NUR1159NOTa �NAIC4I1161 V,NC RE3341 WIALSII CONS fkUMON INC WW1 FII CONSTIi UC11On INC ALi9 OPTS YIER PL 509 OhGN VIEW' N LOVELAND. CO x0S5S LO V PI, %NJ). C0 1I1417 KEEP ONE CARD IN YOUR MOTOR VIiYI(:LL. AND CARRY YHf: 01:AER CARD WITH WN' TO RF.PORTA CIAIAI GV.L I Cf9-SHRLT)'A (I-F:GOi.YSX i'.I OR LOC OW nT \PtJW'.SFiFLTF,RINSUiIn\CE (X)`.i Professional: City: With Copy to: Willie Altenburg City of Fort Collins, Natural Resources City of Fort Collins, Purchasing 570 E. County Road 64 PO Box 580 PO Box 580 Fort Collins, CO 80524 . Fort Collins, CO 80522 Fort Collins, CO 80522 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. 4. Design, Project Indemnity and Insurance Responsibility. 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 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 $0.00. 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 Standard Professional Services Agreement- rev07/08 2 responsible for withholding any portion of Professional's compensation hereunder for the 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 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, Standard Professional Services Agreement- rev07/08 3 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. 14. Prohibition Against Emplovinq Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and Standard Professional Services Agreement- rev07/08 4 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 Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional 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. If Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLINS', COLORADO By:(� /L. Ja'es B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: Cl C;c't Willia Altenburg Doing business as Altenburg Super Baldy Ranch] Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev07/08 EXHIBIT A SCOPE OF SERVICES Provide up to 200 AUM between May 25, 2009 and November 1, 2009 Repair all boundary fence, provide livestock watering tanks, haul water to the site as needed. Water must be available to livestock at all times and in sufficient quantity. Vehicle travel is limited to existing roads. Rotate cattle under the guidance of Natural Area staff. Rotations may occur up to 4 times during the grazing season. The purpose for cattle rotation is to help manage invasive plant abundance and create structural diversity within the grassland and shrublands suitable for grassland birds. If requested by Natural Area staff, fence out riparian areas as directed. If conditions warrant, Natural Areas, at its sole discretion, reserves the right to remove cattle prior to the ending date. Any request to remove cattle or reduce stocking rates will be made 7 days in advance. Extensions to the ending date will be made in writing to the Natural Areas and may only occur with Natural Areas consent. Standard Professional Services Agreement- rev07/08 EXHIBIT B INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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- rev07108 SUN-03-2009 11:41 From: To:2216707 Paee:2�2 JFCOL©RAOO FARM iLBUREAU INSURANCE P.O. BOX 6647 06NVER, COLORADO B0217 POLICY NUMBER: CS215171 NAMED INSURED: WILLIAMAASIENBURG NAMED INSVRHD: SHARON M AL'I'LNBUHG ADDRESS: 570 COUNTY ROAD 64 FORTCOLLINSCO 80$21 PHONE NUMBER CONDITIONAL BINDER HOMEOWNERS FARM HURFAU NUMIiER: (ROO);i15.599R AGENT NAME: JIM MILLER AGENT TELEPHONE NUMBER: 970.4s2-3942 RROM: 02/20/1/X)7 'r0: 62/20/2010 12:01 A.M. standard I'imc at the. rcadpnt Premises and for successive policy periods We will provide the insurmee described in this n0licv in return for the oremiarn and cnumlianee wilh nu annurahle nnnry SECTION I - PROPERTY COVERAGE Limits of Liability Dwelling - 570E COUNTY ROAD 64 FORT COI.PdNS CO 80524 $678,034 - -- Dwelling Extension $ Personal Property $339,017 Loss of Use 1NC:L Deductible $2 S(lo _.. - SECTION II LIABILITY COVN;ILA.GE Personal Liabitity $1,000,000 Each Occurrence Medical Payments to Others $1,000 F.ach Person TOTAL ESTIMATED PREMIUM $ Additional Coverage/Remarks: EXTF.NDF.D DWELLING REPLACEMENT COST RLPLACTMENT COST CONTENTS In the event a mortgagee is named below, we will continue coverage under this insurance binder for the rnortgagoo's interest for ten (ID) days after written notice of termination to the below itattied mortgagee at which time coverage under this Conditional Binder will terminate, Mortgagee (Name, Addreex) 2" ➢lnrigngec (Nmae, Address) Lean Number- Loan Number Pursuant to C.R.S. § 10-4-110.7(2) we are required to notify each potential insured that effective 8/4/2004 this Binder is Conditional and that Colorado Farm Bureau Mutual Insurance Company ("Company") has thirty (30) business days, commencing on the effective date of this Conditional Binder, to evaluate the issuance ofthe policy of Horncuwncr's coverage(s) specified herein. Should the Company decline to issue a policy or otherwise cancel this binder, you will be notified of our decision. in the event an articulate and reasonable basis exists that the Company may cancel coverage and if the Company helievcs that further investigution or repair of property is necessary, the thirty (30) business clay period my be extended. William T. Sanders Underwriting do Services Manager HO-0020 (Rev. 06/07) Mortgagoe's copy t oft May 26 09 10:30a Matthew Walsh 970-278-9396 p.2 SHELTER INSUA,RANCE (item 01) Named Insured: N'A1SH CONSTRUCTION INC 3139 OPLN VIEW PI, LOVELAND. CO S053;-94S) Pri \Lty 2'_ 101 10:31 CDT 2009 Evidence ofonsuranee 1Nlotor Carrier Coverage Agrul L1�'Os:c nl:n�l::rr ('1111i?'.'7.t11n 0 4'100-01 Policy Number: 05-1-C4.999249-6 Effective Date: 05/22/2009, 10:04 AVI Cent; a1"1'inle ExPiratiol Date: 09i172009, 12:91 AM CecNral Timc (item 43) Vehide Year Mtkemodel Vehide in I''M'4 V-rl R 1:AAAA3527 iHTSDPPNORH'7SU74 (Item 42)Cuaemg: Comrage LimiU Emio.euenl Premium Symbol Deductible Number Jirdc Linhilit�Limit_ ._ 67 SI,000,000 Limit —-- CO Unincuvd Mwonns Or,Lirn ins G7 5150,000 Pcr 12non G\'_I iD GI Ox S3U.ij.W1XI Shht(1--e Nmnriu iCovcmnc) 67 5500.000 P''-Amiv4.-m - G1 1:21166 Collision-- ..___ 67 . S50G UcducliUk fila 1.IX1 Cumnrchrnsivc 67 S500 Dcduetihle �_ ._....__ Dlseoums (Reifaled in Pcumiu ur) PR WIUM .Xi44 00 Other EndurveMen" AttuChed To Thil Polley - kndonr•ment Number _,__-_._.__.-__ adNunn'vl InsruW I'A 2u 01 0.106 --- __ ,Rtn ndelory ...,-...I--,: Cndnnumwi- CO w 1 i o1 (A ome.rluval. hflercnrcor Fr i J Mil G90607 CO Cbnncrs i'd Cnncellaiwn :md Yocmne.vel IL u' 2S ua 07 Comment Pi lieu (bnditinn:: __-- .. va0 t9114F N ucicar Em¢w Linhairy .._.._ RCIATSLASS A T_°RRITORY00b TLiAhI OG Agent t 4 --_ COSTSYM11601BOl-.f ?.\CKA(jI-WI ADDITIONA), INSURL'DAXAS1: AODITIONAL INSUREDiiCAS L ADMIIONAI. IVStIRID'1.1(ASI: WALMAR7STORLS INC SUBAPF CITY Or EVANS ITS EMPLOYEES CITYOF LOYELAND 20(;1 SF, IUTIi ST 11031 FIE ST 410175TH ST BENT ONVILLL, AR'72RG-IrtNI EVAN& CO 80620b2036 LOb UAI. D, CN) M)S17-S(AI LOAN NO, LOAN NO. LOAN s0. -622 LA