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HomeMy WebLinkAboutRFP - 8893 GRAZING SERVICES ON NATURAL AREASRFP 8893 Grazing Services on Natural Areas Page 1 of 25 REQUEST FOR PROPOSAL 8893 GRAZING SERVICES ON NATURAL AREAS The City of Fort Collins is requesting proposals from qualified Vendors to provide grazing services on specified Natural Area(s) located within and near the City boundaries as specified in this solicitation. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on April 12, 2019 and referenced as Proposal No. 8893. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A pre-proposal site visit will be held at 1:30 PM MST, on April 1, 2019. Meet in the parking lot at Bobcat Ridge Natural Area, 10184 County Road 32C, Loveland, CO 80538. All questions should be submitted, in writing via email, to [buyer] at [Email], with a copy to Project Manager, Justin Fredrickson at jfredrickson@fcgov.com, no later than 5:00 PM MST (our clock) on April 3, 2019. Please format your e-mail to include: RFP 8893 Grazing Services on Natural Areas in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 944-19 Animal Farming and Ranching Services 944-54 Miscellaneous Farming Services 958-38 Farm Management Services 961-03 Agricultural Services (including Production, Cotton Ginning, Planting, Harvesting, Marketing, Seed Extraction, etc.) Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8893 Grazing Services on Natural Areas Page 2 of 25 to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8893 Grazing Services on Natural Areas Page 3 of 25 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Vendors to provide grazing services on specified Natural Area(s) located within and near the City boundaries as specified in this solicitation. B. Background Bobcat Ridge Natural Area has approximately 570 acres available for grazing and Coyote Ridge has approximately 434 acres available for grazing. Area to be grazed each season may vary at the discretion of the City, and the referenced acreage should not be considered guaranteed. All sites will need to be split into multiple pastures and rotational grazing practices will be used. If cattle are grazed, they will be moved frequently at the City’s discretion. There are few fences on the properties and the Vendor will need to construct temporary electric fence to contain livestock. The Vendor will also need to provide water to the grazing paddocks. Water is available at some locations or available if arrangements are made in advance with Northern Colorado Water Conservancy District. Natural Areas may provide water pumps and fence chargers to facilitate grazing tenant but preference will be given to providers with their own equipment. Recreation consisting of hiking, biking and horseback riding occurs on some sites and the Vendor will be required to construct fence to retain livestock from the trail system. The Natural Areas Department wants to utilize grazing to advance our conservation goals for the site. These goals include, but are not limited to: • Increasing forb abundance and diversity • Promoting habitat heterogeneity • Increasing native grasses • Supporting bird diversity • Controlling noxious weeds II. SCOPE OF PROPOSAL A. Scope of Work The City of Fort Collins (City) is requesting proposals from qualified Vendors to provide grazing services on specified Natural Area(s) located within and near the City boundaries as specified in this solicitation. The final grazing schedule will be negotiated and agreed upon by the parties. The following are available grazing schedule options: 1. Grazing on designated area may be available every month of the contract term(s). 2. The land that is available will shift throughout the year and may be on different Natural Areas. 3. Duration of grazing in any pasture is variable and will be determined by the City and documented in the Grazing Plan. 4. Grazing on a single designated area will not exceed three (3) consecutive months. 5. Vendor is responsible for moving their livestock between available land or pastures. RFP 8893 Grazing Services on Natural Areas Page 4 of 25 Vendor is responsible providing grazing services for the following Natural Area(s): 1. Bobcat Ridge Natural Area (primary) – up to approximately 570 acres. 2. Coyote Ridge Natural Area (secondary)– up to approximately 434 acres. 3. Other properties as agreed upon by both parties. The City expects to enter into a Services Agreement (Agreement) with the awarded Vendor. The anticipated terms and conditions of the Agreement are set forth in Section IX - Sample Services Agreement, however, the City may include additional terms and conditions in the Agreement as deemed necessary. The City also reserves the right to award to multiple Vendors in order to obtain the most advantageous arrangement achieving Natural Areas conservation goals. B. Guidelines for Grazing 1. Before any livestock may be grazed, the Vendor’s proposed Grazing Plan must be approved by the City’s Natural Areas staff. Approximate areas for grazing are defined in the attached Grazing Area Maps (Section VIII). 2. Notify Natural Areas contact specified below prior to taking livestock on or off any of the designated properties for grazing to coordinate the (un)loading point. 3. Allow grazing only on those pastures designated or as directed by Natural Areas. 4. Install and maintain temporary electric fence sufficient to retain livestock inside designated grazing area(s). Remove temporary fencing when livestock are moved. 5. Graze livestock to manage noxious weeds, to keep grasses from becoming decedent, or other management objective as identified by Natural Areas staff in the Grazing Plan. Natural Areas staff will monitor range condition and may require the Vendor to remove livestock from the area at any time. If removal is required, Natural Areas will provide a seven (7) day notice to the Vendor. 6. While on-site, monitor for trespassing, grass fires, flooding and other issues that may arise on the property. Call the Natural Areas Ranger if you see any potential issues. 7. Retrieval of any escaped livestock. 8. Providing water for livestock. Water is available on site, but Vendor is responsible for obtaining water and watering livestock. Arrangements may need to be made in advance with Northern Colorado Water Conservancy District. Water options may be discussed at the pre-proposal site visit prior to submitting a proposal. 9. Responsible for providing certified weed free hay (and possibly “native” hay in some areas) for livestock in the event of an emergency that causes forage to become unavailable (e.g. heavy snow storm). 10. Sheep/goats cannot be grazed west of Taft Hill Road including Bobcat Ridge Natural Area and Coyote Ridge Natural Area. Sheep/goats can be grazed on sites east of Taft Hill Road. 11. While driving on the property, the Vendor shall stay on existing roads to the greatest extent possible and minimize the amount of off-road vehicular use. Driving in some areas and during muddy conditions may be completely restricted. 12. Livestock will be grazed and moved in a way that minimizes the impact to trail users. Livestock enclosures cannot include or bisect recreation trails unless directed to do so by Natural Area staff. Recreation consisting of hiking, biking and horseback riding RFP 8893 Grazing Services on Natural Areas Page 5 of 25 occurs on the property and the Vendor will be required to construct fence to retain livestock from the trail system. 13. If the Vendor needs access through adjacent private property, the Vendor is responsible for obtaining the proper authorization. 14. Natural Areas may (but will not be required to) offer opportunities for additional acreage for the Vendor to graze on the designated Natural Area or other City properties within a geographical district. Vendor agrees to negotiate in good faith with the City to reach agreeable terms on the additional acreage. If City deems Vendor has not acted in good faith or continually rejects the City’s requests to graze additional acreage, the City at its sole discretion may terminate the Agreement. a. The awarded Vendor(s) for this property will be assigned one or more grazing districts. The districts associated with this property is as follows: i. Bobcat Ridge (570 acres) – Bobcat Grazing District ii. Coyote Ridge (434 acres) -- Southwest Grazing District 15. At the City’s sole discretion, Natural Areas may add or remove acreage on the property to be grazed. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: March 22, 2019 • Pre-Proposal Meeting: 1:30 PM MST on April 1, 2019 • Question deadline: 5:00 PM MST on April 3, 2019 • Proposal due date: 3:00 MST (our clock) on April 12, 2019 • Interviews (tentative): Week of April 22, 2019 • Award of Contract (tentative): May 2019 D. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. E. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. RFP 8893 Grazing Services on Natural Areas Page 6 of 25 F. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. III. PROPOSAL SUBMITTAL For this section, Vendors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Primary contact information including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Capability 1. Describe the Vendor’s business and background. 2. Number of years in the grazing business 3. Provide 2 references (current contact name, current telephone number and email address) familiar with your grazing practices. The Vendor authorizes the City to verify any and all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. D. Scope of Proposal 1. Completed Section VI – Questionnaire. E. Animals to be Grazed 1. Describe the proposed grazing animals. 2. Describe the positive and negative environmental impacts the animals will have on the grazing areas. How do the animals aid the Natural Areas Department’s conservation goals? RFP 8893 Grazing Services on Natural Areas Page 7 of 25 3. Describe how you would manage the welfare of the herd, particularly in the event of adverse weather conditions or fire. F. Availability 1. Describe the optimal number of months per year the herd would be grazed. Also provide the maximum and minimum number of months grazing would be possible. 2. State the minimum number of acres required for grazing each year? 3. Do you have the capability to increase or decrease/split the herd size based on the acreage available each year? 4. Do you have the herd capacity to graze multiple natural area locations in a single year? G. Pricing/Offer 1. Please complete Section VII – Pricing/Offer Schedule. H. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Work and/or City Agreement (a sample of which is attached in Section IX) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. 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 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the Vendor’s proposal align with Natural Areas objectives? Are there any exceptions to the Scope of Work or agreement? 3.0 Animals to be Grazed What is the impact of the grazing animals on the natural areas? Does the Vendor have an appropriate animal management plan in place? RFP 8893 Grazing Services on Natural Areas Page 8 of 25 2.0 Availability Does the proposed number of grazing months support Natural Area’s goals? Does the Vendor have the capability to increase/or decrease the herd size based on the available grazing locations each year? 3.0 Pricing/Offer Is the proposed cost/offer competitive? B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor again? Did they comply with all of the requirements of the project? Communication Did the Vendor communicate any concerns or issues regarding the project in a timely manner? Were any issues that arose addressed in a professional, timely and responsive manner? Flexibility Was the Vendor able to adjust to any changing conditions that arose? Where there any valuable lessons learned through that process? Grazing Animals Was the grazing herd appropriately cared for and in generally good health? Were the number of animals appropriate to the location? RFP 8893 Grazing Services on Natural Areas Page 9 of 25 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8893 Grazing Services on Natural Areas Page 10 of 25 VI. QUESTIONAIRE 1. How do your grazing practices align with and help meet the City’s goals? 2. What equipment do you have to move and manage livestock? (Trailers, electric fence, water pumps, stock tanks etc.) 3. Who will be managing your herd? What experience do they have implementing rotational grazing systems? Please specify years of experience. 4. Does your livestock have other land to graze when not grazing on Natural Areas? RFP 8893 Grazing Services on Natural Areas Page 11 of 25 5. Please indicate which grazing locations and seasons you are interested in by checking the appropriate boxes in the following: Bobcat Ridge Natural Area Spring Summer Fall Winter Coyote Ridge Natural Area Spring Summer Fall Winter Additional Properties (if they become available) Spring Summer Fall Winter RFP 8893 Grazing Services on Natural Areas Page 12 of 25 VII. PRICING/OFFER SCHEDULE Bobcat Ridge and Coyote Ridge: Type of livestock Number of head to be grazed Maximum number of months livestock could be provided for grazing Minimum number of months livestock could be provided for grazing _______________ Check one: Service Provider pays City of Fort Collins City of Fort Collins pays Service Provider Price per Animal Unit per Day (AUD) $____________ TOTAL (In Words) _ _______________________________ Dollars Per (AUD) Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 13 of 25 VIII. GRAZING AREA MAPS Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 14 of 25 Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 15 of 25 Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 16 of 25 IX. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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(s) and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. 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 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 17 of 25 Fort Collins, CO 80522 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. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page(s), and incorporated herein by this reference. 6. 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. 7. 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 compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 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. Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 18 of 25 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. 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 Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 19 of 25 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 one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 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. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider 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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 20 of 25 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 Service Provider 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 21 of 25 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 22 of 25 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 23 of 25 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 24 of 25 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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 $1,000,000 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. Official Purchasing Document Last updated 10/2017 RFP 8893 Grazing Services on Natural Areas Page 25 of 25