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HomeMy WebLinkAboutBID - 9780 WILDLIFE FRIENDLY FENCING FOR NATURAL AREAS ON-CALLBID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 1 of 35 INVITATION TO BID 9780 WILDLIFE FRIENDLY FENCING FOR NATURAL AREASON-CALL BID OPENING: 3:00 PM MST (our clock), March 31, 2023 The City of Fort Collins is requesting bids from qualified Service Providers to provide wildlife friendly fencing installation for various natural areas on an on-call basis. Properties range in size from small urban areas of less than 5 acres to large rural properties as large as 23,000 acres. Bids shall be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Please note: submitting bids through RMEPS may need additional time for completion. Bids not submitted by the designated Opening Date and Time will not be accepted by the system. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. 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. Public Bid Opening: Bid opening will be conducted shortly after 3:00 PM MT on March 31, 2023. Bid openings will be conducted by videoconference. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. To access the Bid Opening, please follow the link: Microsoft Teams meeting Click here to join the meeting Meeting ID: 267 602 552 58 Passcode: oUUt5L Download Teams | Join on the web Alternatively, the bid opening can be accessed via phone. This option will only allow you to hear the audio presentation. +1 970-628-0892, 212968204# United States, Grand Junction Phone Conference ID: 212 968 204# Any questions should be submitted, preferably in writing via email, to Beth Diven, Buyer II, at bdiven@fcgov.com, no later than 5:00 PM MST (our clock) on March 21, 2023. Please format your e-mail to include: Bid 9780 Wildlife Friendly Fencing for Natural Areas On-Call 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 Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 2 of 35 This BID has been posted utilizing the following Commodity Code(s): 330-58 Fencing, Wire 330-65 Wire, Barbed 988-15 Fence Installation, Maintenance and Repair Prohibition of Unlawful Discrimination: The City of Fort Collins, 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, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not 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 Service Provider 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 Service Providers and their subcontractors/subconsultants at every tier. 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 to public disclosure by the City pursuant to CORA and City ordinances. Service Provider may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Provider may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. 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. By responding to this BID, Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Special Instructions: All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 3 of 35 Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the Service Provider. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Service Providers must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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. Freight Terms: Unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. 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. Service Provider Registration: The City requires new Service Provider receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Service Provider to accept 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 these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 1 of 35 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is requesting bids from qualified Service Providers to provide wildlife friendly fencing installation for various natural areas on an on-call basis. Properties range in size from small urban areas of less than 5 acres to large rural properties as large as 23,000 acres. Fencing types vary by property but are generally wildlife friendly agricultural fences, such as single rail or buck and rail fences. Chain-link, split rail and other styles of fence may be requested occasionally. Schedule The following represents the City’s target schedule for the bid. The City reserves the right to amend the target schedule at any time. • Question deadline: 3:00 PM MT on March 21, 2023 • Final Addendum Issued: March 24, 2023 • Bid Opening Date: 3:00 PM MT (our clock) on March 31, 2023 • Award of Contract (tentative): April 2023 Method of Award The City reserves the right to award to multiple firms, should the City determine that such an arrangement is in the City’s best interest. The City intends to award the bid to the lowest responsive and responsible bidder(s). Agreement The awarded Service Provider(s) will be expected to sign the City’s standard Work Order Type Services Agreement, a sample of which is attached. The Agreement will be effective for a period of one year. At the option of the City, the Agreement may be extended for up to an additional four (4) one-year periods. Renewals and pricing changes shall only be negotiated and agreed to by both parties at least thirty (30) days prior to Agreement expiration. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to the Agreement expiration date. In the event that the City has agreements with multiple Service Providers, the City reserves the right to choose which Service Provider to contact regarding the project, unless order of preference has been established during the contracting process. Individual work assignments will be requested and agreed to utilizing the City’s standard Work Order (included in the agreement). Each work order form must include a start and completion date, total cost and a general summary of work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the work order will conform with those submitted in the BID response and subsequently included in the contract. No work order will be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. Depending on the cost and nature of the work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 2 of 35 (included in the agreement) and will not be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. Invoices & Payments Invoices for services should be emailed upon completion of the Work Order assignment to invoices@fcgov.com. The cost of the Work completed shall be paid to the Service Provider on Net 30 terms following the submittal of a correct itemized invoice by the Service Provider indicating at a minimum the Purchase Order number, Work Order # and project name, and task description. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations The Service Provider agrees to comply fully with all applicable State of Colorado and Federal laws and regulations and municipal ordinances. Insurance Service Provider is responsible for providing the City with insurance as required in the attached Agreement. BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 3 of 35 CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: 1) Completed Bid Submittal Form, consisting of five (5) pages, including: • Bid Schedule • Experience & References List, providing documentation of at least two (2) reference projects. • List of Subcontractors to be used on project (if applicable) • Service Provider Acknowledgement. You must completely fill out the contact information portion. 2) An overview of your company, a list of essential equipment that will be used, and a description of the means and methods for completing services. Failure to submit any of the above may result in your bid being considered non-responsive. 9780 Wildlife Friendly Fencing for Natural Areas On-Call BID SUBMITTAL FORM BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 4 of 35 SERVICE PROVIDER NAME: SUBMITTAL DATE: A. BID SCHEDULE It is the City’s expectation that the pricing set forth below shall be fixed for the initial one (1) year term of the Agreement. However, the City also recognizes that the market for materials may experience dramatic fluctuations during the term of the Agreement. Should such occur, the Service Provider will notify the City of any applicable changes. Should a market adjustment be justified, the Service Provider will provide the City with documentation supporting the material cost increase that specifies which Bid item(s) are affected. If approved by the City, the revised pricing will be incorporated into the Agreement by written amendment. Fencing Items Unit Price Wildlife Friendly Cattle Fencing* $ /ln. ft. Wildlife Friendly Bison Fencing* $ /ln. ft. Cattle H-Brace $ /ea Cattle Double H-Brace $ /ea Bison H-Brace $ /ea Bison Double H-Brace $ /ea Wire Gate $ /ea Cattle Pipe Gate $ /ea Bison Pipe Gate $ /ea Buck & Rail Fencing* $ /ln. ft. Cabled Single Rail Fence – Floodplain* $ /ln. ft. Single Rail Fence – Non-Floodplain* $ /ln. ft. *The price for fencing includes posts, wire, staples, linejacks/deadman anchors, installation, and any other required materials as defined in the Specifications. The lowest bidder will be determined by which Service Provider has the lowest pricing on the majority of the items listed in the Bid Schedule. 9780 Wildlife Friendly Fencing for Natural Areas On-Call BID SUBMITTAL FORM BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 5 of 35 B. EXPERIENCE & REFERENCES LIST PROJECT #1 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: 9780 Wildlife Friendly Fencing for Natural Areas On-Call BID SUBMITTAL FORM BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 6 of 35 PROJECT #2 Project Name: Project Type: Location: Contract Amount: $ Client: Contact Name: Title: Phone: Email: Start Date: Completion Date: Was the Project completed on time? Yes No If no, please describe: Was the Project completed within the original budget? Yes No If no, please describe: Additional information: PLEASE NOTE: THE CITY RESERVES THE RIGHT TO REQUEST AND CONTACT ADDITIONAL REFERENCES. 9780 Wildlife Friendly Fencing for Natural Areas On-Call BID SUBMITTAL FORM BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 7 of 35 C. SCHEDULE OF SUBCONTRACTORS Please list all subcontractors and their corresponding Work items in the space below. If not applicable, please note “N/A”. ITEM SUBCONTRACTOR 9780 Wildlife Friendly Fencing for Natural Areas On-Call BID SUBMITTAL FORM BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 8 of 35 D. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Invitation to Bid and acknowledges that it has read and agrees to be fully bound by all the terms, conditions and other provisions set forth in the Bid. Additionally, Service Provider hereby makes the following representations to City: a. In compliance with your Invitation to Bid 9780 Wildlife Friendly Fencing for Natural Areas On-Call and subject to all conditions thereof, the undersigned is authorized to do business in the State of Colorado and hereby proposes to furnish and/or perform the services set forth in the Scope of Work and Specifications, including all items listed on the Bid Schedule. Service Provider commits that it is able to meet the terms set forth in the Invitation to Bid, and further acknowledges familiarity with all aspects of the project affecting the cost of the Work to be performed. b. The undersigned does hereby declare and stipulate that this bid proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same Work. c. This bid proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider 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 lowest bidder. f. Service Provider acknowledge receipt of addenda. Legal 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: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 9 of 35 SCOPE OF WORK Wildlife Friendly Cattle Fence Specifications: Specifications for the fence are taken, in part from the Natural Resources Conservation Service Specification Guide for Fence (Code 382) and Fencing with Wildlife in Mind (Colorado Division of Parks and Wildlife). 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. BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 10 of 35 • 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, 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 cannot be used. Hot and cold bath treated Aspen and Cottonwood cannot not be used. Depending on the individual project, the City may consider using steel-pipe line posts. Application would depend on pricing as compared to wood line posts as well as site accessibility. Exact install specifications to be discussed prior to construction should this option be utilized. Steel T posts - Standard T post must weigh atleast 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. Wood - A minimum of 6 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. Depending on the individual project, the City may consider using steel-pipe H-braces Application would depend on pricing as compared to wood line posts as well as site BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 11 of 35 accessibility. Exact install specifications to be discussed prior to construction should this option be utilized. • Corner and End/Gate Post: Wood - (Pressure treated or durable wood) shall have minimum top diameter of 6 inches, 7 feet in length, and be set firmly 3 feet in the ground. Cross post will have a minimum 4 inch top of post diameter. H-braces supporting a pipe gate must be driven into the ground, not augered. 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. • Wire Gates: Each gate will be 12 feet in width and consist of 4 strands of wire with the same wire spacing as specified above. Exact location and number of gates will be determined prior to and during fence construction. The bid must include the cost per gate. • 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. BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 12 of 35 Wildlife Friendly Bison Fence Specifications: General Fence Design: 5 strand wire fence shall be the minimum. Line posts shall alternate 1 wood to 1 metal. The top and bottom wire shall be smooth, and the middle three wires shall be barbed. • Wire Spacing: Top wire set at 60 inches above ground. There should be at least 12 inches spacing between the top two wires, with the second wire set at 48 inches above ground. Third wire should be set at 38 inches above ground. Fourth wire should be set at 28 inches above ground. 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. BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 13 of 35 • 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, 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 or concrete 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 approximately 6 inches and set approximately 2.5 feet in the ground and spaced not more than 15 feet apart. Any post less than 5 inches in diameter may be rejected. Top wire staple shall be a minimum of 6 inches from the top of the post. Total length of post must be 8 feet to accommodate all measurements for the specific fence. Pressure treated wood (Pine most commonly available) with a minimum top of post diameter of 6 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 - Standard T steel post with anchor plate (1.33 lbs/ft excluding plate). Post shall be a minimum of 7 feet long and set into the ground a minimum of 1.5 feet. • 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 vertical topography or where the alignment of the fence varies more than 12 inches from planned fence line between corners or brace posts. Reasonable deviations shall be permitted where rocky ground or steep slopes exist. All H-Brace assemblies will consist of posts a minimum of 9 feet in length and set approximately 3 feet in the ground, spaced a minimum of 6 feet apart. Wood - A minimum of 6 inch top of post diameter (inside of bark) of treated timber or durable wood listed above for upright post. An 6 inch top of post diameter (inside of bark) can be used for the outside upright post. The horizontal post shall be a minimum of 4 inches in diameter or a 6x6 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. • Corner and End/Gate Post (Double H-Brace): Wood - (Pressure treated or durable wood) shall have minimum top of post diameter of 6 inches, 9 feet in length, and be set firmly 3 feet in the ground. Cross post will have a minimum 4 inch top of post diameter. Brace wire shall be No. 9 gauge galvanized smooth wire or 12 ½ gauge smooth wire. Brace wires will be composed of two complete loops fastened 4 inches below the top of the post and 2 inches above the ground. Allow newly installed braces and assemblies to settle and/or pack dirt sufficiently around all post; 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, 6 feet tall, rough stock rodeo gates, BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 14 of 35 and factory painted (not galvanized). Exact location and number of gates will be determined prior to and during fence construction. The bid must include the cost per gate. Additional Fencing Types The City may also have need of the following fencing types: • Buck & Rail BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 15 of 35 • Cabled Single Rail Fence - Floodplain BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 16 of 35 • Single Rail Fence – Non-Floodplain BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 17 of 35 CITY OF FORT COLLINS NATURAL AREAS FIRE REQUIREMENTS 1. Service Provider 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, Service Provider will promptly call 911 emergency dispatch to report the fire. Smoking at the site shall be prohibited. A. Service Provider 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 Service Providers 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, the Service Provider 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). BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 18 of 35 - 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. Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 19 of 35 ATTACHMENT A SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT WORK ORDER TYPE 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 , a(n) (ENTER STATE) corporation, 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page(s) and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit C, consisting of ( ) page(s) and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit B, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 20 of 35 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 2022, and shall continue in full force and effect until , 2023, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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. 6. 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 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. 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. 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. 7. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 8. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 21 of 35 amount of services which will in fact be requested. 9. Payments. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) page,and incorporated herein by this reference. 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. 10. 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. 11. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 13. Subcontractors. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders 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. Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 22 of 35 14. 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. 15. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 16. 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 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. 17. 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. 18. 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 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. 19. 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 Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 23 of 35 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. 20. 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 , 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. 21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 22. Utilization by Other Agencies. Optional 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. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 24 of 35 23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, 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, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not 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. 24. 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. 25. 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. 26. Dust Control. Optional 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. 27. 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. 28. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 25 of 35 or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. [Signature Page Follows] Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 26 of 35 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 27 of 35 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 28 of 35 EXHIBIT B CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Company Name WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 29 of 35 EXHIBIT C GENERAL SCOPE OF SERVICES Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 30 of 35 EXHIBIT BID SCHEDULE/COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 31 of 35 EXHIBIT 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. Official Purchasing Document Last updated 7/20/22 BID 9589 Wildlife Friendly Wire Fencing Project at Soapstone Natural Area Page 32 of 35 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.