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HomeMy WebLinkAboutDIAMOND 9 CATTLE & FENCING, LLC - CONTRACT - BID - 9589 WILDLIFE FRIENDLY WIRE FENCING PROJECT AT SOAOfficial Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 1 of 15 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 DIAMOND 9 CATTLE & FENCING, LLC, 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 six (6) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated at the Service Provider’s discretion and in cooperation with the City following execution of this Agreement. Services shall be completed no later than August 31, 2022. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 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 ten (10) 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 ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Diamond 9 Cattle & Fencing, LLC Attn: Brock Aschenbrenner 300530 Sparrow Road Minatare, NE 69356 Diamond9fencing@gmail.com City of Fort Collins Attn: Justin Fredrickson PO Box 580 Fort Collins, CO 80522 jfredrickson@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 2 of 15 rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Eighty Thousand Sixty-eight Dollars and Seventy Cents ($80,068.70) as per the attached Exhibit B, consisting of one (1) page, and incorporated herein by this reference. The Service Provider shall be paid thirty-five percent (35%) or $28,024.05 of the total contract sum upon execution of this Agreement. The balance of $52,044.65 shall be paid to the Service Provider upon completion of the Work and acceptance by the City Representative. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7. 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. 8. 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. 9. 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 DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 3 of 15 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. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 10. 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. 11. 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. 12. Warranty. 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, the longer of; i) The original manufacturer’s warranty term; or ii). 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. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 4 of 15 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 themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 16. 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 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 C, 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, purchasing@fcgov.com or 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 5 of 15 18. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 19. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 20. Prohibition Against Employing Workers Without Authorization. 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 a worker without authorization 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 a worker without authorization to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 6 of 15 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 a worker without authorization, 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 a worker without authorization; 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 a worker without authorization; 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 a worker without authorization. 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. 21. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 22. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/ airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. [Signature Page Follows] DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: DIAMOND 9 CATTLE & FENCING, LLC By: Printed: Title: Date: DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Owner 6/29/2022 Brock Aschenbrenner Assistant City Attorney 7/5/2022 City Clerk Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 8 of 15 EXHIBIT A SCOPE OF SERVICES Soapstone Prairie Fence Addition Project Overview The Soapstone Prairie Fence Addition Project consists of construction of approximately 4 miles of wildlife friendly barbed/smooth wire cattle fencing. Terrain will be steep in areas and possibly wet and muddy conditions can exist. Final fencing layout and length will be agreed upon with the successful Service Provider. Bids should include price per linear foot of fencing and individual prices for pipe gates, single and double H-braces to allow for flexibility in final fencing design and layout. See included site maps for additional information. Completion requirements: Project must be completed by August 31, 2022, barring ay unforeseen circumstances outside of the Service Provider’s control. Work Hours: Work can be completed any day of the week between dawn and dusk. If the Work is not completed on time and per the specifications described herein, the City reserves the right to obtain another fencing company and the awarded Service Provider must pay to have the Work completed. Specifications: Specifications for the fence are taken, in part from the Natural Resources Conservation Service (NRCS) Specification Guide for Fence (Code 382) and Fencing with Wildlife in Mind (Colorado Division of Parks and Wildlife or CPW). In some cases the specifications for this fence differ from those in the NRCS and/or CPW document. When that occurs, use the specifications contained within the City of Fort Collins bid.  General Fence Design: 4-strand wire fence shall be the minimum. Line posts shall alternate 1 wood to 4 metal. The top and bottom wire shall be smooth, and the middle two wires shall be barbed.  Wire Spacing: Top wire should be set at 42 inches above ground. There should be at least 12 inches spacing between the top two wires, with the second wire at 30 inches above ground. The third wire should be set at 24 inches above ground. The bottom wire shall be set at 18 inches above ground.. Materials: Fencing materials must be new with a life expectancy of 15 years.  Linejacks/Deadman Anchors: Linejacks or other suitable type of anchoring shall be used if proper depth of post installation is not achievable. In drainage ways or draws, a weight or deadman anchor should be fastened to the fence to maintain the required spacing interval. Additional wires may be needed for these short distances between anchors. Use the anchor or deadman where the bottom of the drainage or draw is more than 20 inches below the bottom wire.  Wire: Smooth wire shall be 12 ½ gauge smooth wire. Barbed wire shall be composed of two strands of 12 ½ gauge (U.S. wire gauge) wire with 14 gauge barbs (barb spacing of 4-5 inch centers). Both wire types must have minimum Class I galvanization, zinc coating of at least 0.3 ounce of zinc per square foot of wire surface. Refer to federal specifications RR-F-21/1A.  Staples: Use at least 9 gauge galvanized staples, which are at least 1 ½ inches long for softwoods (pine) and 1 inch for hardwoods (Juniper, Cedar, Oak, Mulberry, mesquite, DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 9 of 15 and black locust. Drive staple(s) diagonally and at a slight downward angle which allows staple to open, so wire can have movement. The fencing shall be fastened to steel posts with either two turns of 14 gauge galvanized wire or the post manufacturer’s appropriate wire clip.  Line Posts: Materials must be new with a life expectancy of 15 years. Wood line posts shall have a minimum top of post diameter of 4 inches and set approximately 18 inches in the ground. Line posts shall alternate 1 wood to 4 metal. Line posts, wood or metal shall not be spaced more than 15 feet apart. Top wire staple shall be a minimum of 6 inches from the top of the post. Total length of post should accommodate all measurements for the specific fence. Pressure treated wood (Pine most commonly available) with a minimum top of post diameter of 4 inches. Wood preservation treatment shall be in accordance with Federal Specifications No. TT-W -571i(.4 retention). Treatment can be accomplished via pressure, hot and cold bath, and cold soak. Cold soaked Lodgepole, Ponderosa pine; Aspen, Cottonwood, and Douglas fir should not be used. Hot and cold bath treated Aspen and Cottonwood should not be used. Steel-pipe line posts will be considered if Service Providers can provide competitive costs and performance as compared to wood line posts. This bid allows for Service Providers to bid both wood and steel line posts separately. Exact install specifications to be discussed prior to construction. Steel T posts - Standard T post must weigh at least 1.33 lbs/foot. Post shall be a minimum of 5.5 feet long and set into the ground a minimum of 1.5 feet or to the top of the anchor plate.  H-Brace: All brace post assemblies shall have a minimum of two (2) posts in line to provide a suitable anchor for the fence. They shall be spaced at a maximum of 1,320 feet or at corners and points of abrupt changes. An abrupt change can be a change of 15 degrees or more in direction or significant changes in vertical topography. Reasonable deviations shall be permitted where rocky ground or steep slopes exist. All H-Brace assemblies will consist of vertical posts a minimum of 7 feet in length and set approximately 3 feet in the ground. Post length and set depth may be adjusted with city approval if line posts are to be set in concrete. Wood - A minimum of 5 inch top of post diameter (inside of bark) of treated timber or durable wood listed above for upright post. The horizontal post shall be a minimum of 4 inches in diameter or a 4x4 inch timber. A second option is a steel cross post a minimum of 2 inches in diameter (ID). The minimum length shall be 6 feet and shall not exceed 10 feet and mounted 12 inches below the top of the end post or a minimum distance above the ground being 2/3’s of top wire height. Steel-pipe H-braces will be considered if Service Providers can provide competitive costs and performance as compared to wood line posts. This bid allows for Service Providers to bid both wood and steel H-braces separately. Exact install specifications to be discussed prior to construction.  Corner and End/Gate Post: Wood - (Pressure treated or durable wood) shall have minimum top diameter of 5 inches, 7 feet in length, and be set firmly 3 feet in the ground. DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 10 of 15 Cross post will have a minimum 4 inch top of post diameter. H-braces supporting a pipe gate must be set in concrete. Brace wire shall be No. 9 gauge galvanized smooth wire or 12 ½ gauge wire. Brace wires will be composed of two complete loops fastened 4 inches below the top of the post and 4 inches above the ground. Allow newly installed braces and assemblies to settle and/or pack dirt sufficiently around all post; do not over-tighten wires. Using Concrete to set the posts is preferred but not required. Wire clips or fasteners must be galvanized and similar to strength of fence wire.  Pipe Gates: Each gate opening will be constructed to allow for a minimum 12 feet opening once gate is installed. Gate should be 12 feet wide, 50 inches tall, 16 gauge construction, and factory painted (not galvanized). Exact location and number of gates will be determined prior to and during fence construction. City of Fort Collins Natural Areas Fire Requirements 1. Contractor shall use caution when working in the grasslands, forest, or other natural habitat and have spark arrestors on internal combustion equipment, have fire suppression tools available, and take immediate action to extinguish any fires that occur because of their equipment. Should a fire start that cannot be immediately extinguished, contractor will promptly call 911 emergency dispatch to report the fire. Smoking at the site shall be prohibited. A. Contractor shall have within a three (3) minute round-trip of each internal combustion engine being operated: One (1) round pointed #0 to #2 long handled shovel with serviceable handle and one (1) 6BC rated fire extinguisher. B. City of Fort Collins shall allow Contractors to continue to operate on project lands where, in the opinion of the City, the operation can continue in a manner that does not constitute an unusual fire threat. If local and site-specific conditions warrant, additional restrictions shall be placed on the operator. The indicator for the required level of protection and or operations shall be the National Fire Danger rating system: Fire Danger Rating Operational Requirement Low through High Normal operations and administration as specified in contract. Very High In addition to normal requirements the operator will be required to:  Fuel equipment on an area that has been cleared of all vegetation for a radius of three feet beyond the reach of the equipment. (Landings and roads will meet this requirement)  Have a minimum of a ten (10) pound BC rated fire extinguisher at the fueling site and any maintenance sites  Have fire hand tools on site for each employee on site. Extreme In addition to the “Normal” and “Very High” requirements, DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 11 of 15 the Contractor will be required to:  Operate only between the hours 5am and 12pm.  Remain in the area for one hour following the shutdown of equipment to insure there is no smoke in the area and that no fires have ignited. Red Flag Alert Operations will cease. Hot Work - Hot work such as welding, grinding or use of a torch shall be with express permission of the project manager and performed in an area that has been approved by City staff. - Welding or operation of torches with open flame in outdoor areas without a permit is prohibited during Stage 2 fire restrictions as declared by the City Manager (Fort Collins Municipal Code section 9-25). - Welding or operation of torches with open flame in outdoor areas is prohibited during Red Flag Warnings as defined and issued by the National Weather Service. - The following fire suppression equipment shall be available on site at all times during welding/hot work: o At least one (1) portable fire extinguisher having a rating of at least 10A:120BC within a travel distance of 75 feet or less to any point where welding/hot work is being performed. Personnel normally on the site shall be trained in the use of the fire extinguishers provided. o At least one (1) functioning round tipped shovel, at least 35” in length within a travel distance of 75 feet or less to any point where welding/hot work is being performed. - During Stage 1 and Stage 2 fire restrictions, as defined by Fort Collins municipal code, fire watch shall be required during all times hot work is being performed and for a period not less than 1 hour after work has concluded. o The designated fire watch person(s) shall be trained in the use of fire suppression equipment (ie: extinguisher) and shall be responsible for extinguishing spot fires and communicating an alarm to on site personnel and Emergency Dispatch (911). This person must understand the nearest area with cell phone reception. - Prior to beginning work each day, the following pre-hot-work check shall be performed: o Fire extinguishers are operable and available within the required distance. - Combustible trash and debris shall be placed completely within an approved container or removed from the site at the close of each working day. - Flammable or combustible liquids or gases shall be stored, handled, and used on the site in accordance with the applicable provisions of NFPA 30, NFPA 54, and NFPA58. - Information regarding the current Fire Danger Rating can be found at www.wfas.net. DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 12 of 15 LOCATION MAPS DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 13 of 15 DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 14 of 15 EXHIBIT B BID SCHEDULE/COMPENSATION DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 15 of 15 EXHIBIT C INSURANCE REQUIREMENTS 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. 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. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 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 by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. 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 & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such 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 Automobile Liability, 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. DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B 06/27/2022 Classic One Insurance P.O. Box 2513 Scottsbluff NE 69363-2513 Karen Mecklem (308) 632-7262 (308) 635-2311 kmecklem@classiconeinsurance.com Diamond 9 Cattle and Fencing, LLC DBA: Brock Aschenbrenner 300530 Sparrow Road Minatare NE 69356 Acuity Insurance CL2262704484 A Y Z68422 04/04/2022 04/04/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 Pollution Liability 1,000,000 A Y Z68422 04/04/2022 04/04/2023 1,000,000 Medical payments 5,000 A Y Z68422 04/04/2022 04/04/2023 1,000,000 1,000,000 A Y Z68422 04/04/2022 04/04/2023 1,000,000 1,000,000 1,000,000 City Of Fort Collins Purchasing Division PO Box 580 Fort Collins CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B DocuSign Envelope ID: E810BD34-42CE-4F2A-8DA0-47875DA8C62B