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HomeMy WebLinkAboutFOLSOM GRAZING ASSOCIATION - CONTRACT - BID - 7061 GRAZING BERNARD RANCHPROFESSIONAL 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 Folsom Grazing Association, 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 August 12, 2009, and shall continue in full force and effect until September 30, 2009, unless sooner terminated as herein provided. 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: Professional: City: With Copy to: Folsom Grazing Association City of Fort Collins City of Fort Collins, Purchasing Attn: Mr. William A. Altenburg Attn:Daylan Figgs PO Box 580 570 East County Road #64 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80524 Fort Collins, CO 80522 Standard Professional Services Agreement- rev07/09 1 -Map 2: Btu=md Ranch. Infr3structure Standard Professional Services Agreement- rev07l09 I.: Bernard RanchReg .11 jan- Location Latmw Cvwey C)p*J1 10miz Standard Professional Services Agreement- rev07/09 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 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. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the Professional agrees to pay City a fixed fee in the amount of Five Thousand Three Hundred Forty Dollars ($5,340.00) payable by cash or certified check only, in accordance with the bid schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 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- rev07l09 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 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. 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 Servioes Agreement- rev07/09 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 Employing 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 a -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- rev07/09 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. f. 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. Standard Professional Services Agreement- rev07/09 5 THE CITY OF FORT COLLINS, COLORADO BY 0L2 :_2 �- X James B. O'Neill II, CPPO, FNIGP Ae-r�Director of Purchasing & Risk Management DATE: - Z Folsom Grazing Association Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: lot / v�D4 p ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev07/09 6 EXHIBIT A SCOPE OF WORK GRAZING BERNARD RANCH The City of Fort Collins is requesting bids to graze the Bernard Ranch, which consists of approximately 1,750 acres of primarily shortgrass prairie and shrublands. The property is located in the northern portion of Larimer County and is accessed off of Rawhide Flats Road, the northern extension of County Road 15. General location of the property is depicted on Map 1 and additional detail on Map 2. Requirements: 1. Tenant should provide between 400 and 500 cow/calf pairs for a 30-day period between August 10 and September 20, 2009. If livestock other than cattle are used for grazing, it will be at the stocking rate equivalent to 500 animal units (AU's) for a 30-day period. 2. Tenant is responsible for ensuring adequate water is available at all times. One windmill and several springs are available on site for livestock watering. If additional water is required, tenant is responsible for providing. 3. Tenant is responsible for all fence repairs. 4. Livestock must be managed in a manner to evenly distribute grazing within the pasture. 5. Tenant will limit vehicle use to established ranch roads. 6. Natural Areas staff can access the property at any time. 7. Grazing will be monitored by Natural Areas staff. If forage is over utilized, or water availability is not adequate, or any other grazing related problem occurs, The City can cancel this agreement with 7 days notice. 8. Fifty percent (50%) of the payment is due to the City prior to the start of the 30-day grazing period. If less than 400 AU's are provided, the agreement can be cancelled by the City. If cancelled, the tenant will be required to pay for any prorated portion of grazing that took place; however, if the prorated fee equals less than 50% of the full fee, the City will keep the full 50% of the payment. 9. No hunting or other recreational activities will occur on site without express written permission from the Natural Areas Program. 10. The City of Fort Collins is not responsible for damages caused by the tenant. 11. Tenant must maintain commercial general liability insurance as specified in the draft professional services agreement attached as Exhibit A. 12. Tenant must notify Natural Areas contact prior to moving livestock onto the property. Natural Areas contact: Daylan Figgs Natural Areas Program, Senior Environmental Planner 215 N Mason PO Box 580 Fort Collins, CO 80522-0580 Office (970) 416-2814 Cell (970) 217-5968 Email dfiggs fcgov.com Standard Professional Services Agreement- rev07/09 EXHIBIT C 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. 2. 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- rev07109 EXHIBIT B BID SCHEDULE 010 PROPOSAL BID ml emdnq Bernard Ranch 80) OPENINGI-. Anguat 7,2009 at 3 0-M, (Gur ClOck) WE HEMMYtNTER OUR SlDfORTHE CITY OF FORT COLLW 1REQUM IREMTS FOR GRAZING THE WRNARD RANCH PER THE: BIVINM TATION AND ANY REFERENCED WECIFICATIONS ANDDRAWINGS: The Cqy of r'od Collins is requesting bids to graw ft Samrd R6nd)...wtf1cn zonmtv of apprommately 1,750 act" of prinIalrily shodWas-S PIM"grie'sixi Ishrownft. #16.1ww"m pwkm 01 I'Ad"W county and is accassed off of Rwhide Flats Road, the noftem exte nalon of Coutty Rmd IS. . Ton stlouId.pn*lftbetwm :400111id 500 cowlcalf PaW%'(0raim unk equivalwiQ Wa 30-day Imied betwew' August 10 and SeptemW-20,2M, sid.schadd.10 Atiholof lyf* A- A- 5 4 LUMPSUM TOW to WWS� 4 At z x'V: ows: FIRM NAME --AC' Are you a CmWmWn, Pu013& LLC, or 8y- ADDRESS--,�, PHM.E/FAX.'#-., ------------ -- - EMAll- n �e. Standard Professional Services Agreement- rev07/09