HomeMy WebLinkAbout113109 WATERFORD CORPORATION - CONTRACT - BID - 5937 FENCING AT SOAPSTONE PRAIRIE (2)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 Waterford Corporation, hereinafter referred to as "Service Provider".
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of five (5) 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 by notice to proceed by the Project Manager. Services
shall be completed no later than 45 days after notice proceed. 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 fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider, Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
SA January 2005
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ADDENDUM No. 1
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid: 5937 Fencing at Soapstone Prairie Natural Area
OPENING DATE: 3:00 P.M. (Our Clock) September 27, 2005
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
REVISIONS:
• Revised Bid Schedule Attached
• City will grub the fence line only where tall brush is present.
• Contractor will be responsible for locates.
• All H-Braces will include a 2 wire cross brace.
• Change all wood line posts to a 4" minimum top, 6'Y2 foot length with 24 inches buried in
the ground.
• Post footing is minimum 12 inches.
• Use concrete around all H-brace posts but not line posts.
• Add--- One metal pipe gate will be constructed along the north boundary. The gate will
be 24' in length and consist of 2 - 12' gates, each 50" in height and each with 6 bars and
will close in the center. All material necessary to construct gates will be included in the
bid (all hardware including hinges, bolthooks, chain, nuts & bolts, etc.) Metal pipe gates
will be constructed with pipe at least 1.5" diameter and a minimum of 14 gauge steel. All
metal components used must be painted with a durable permanent rust resistant coating
or be galvanized; components will be repainted if rusting occurs.
If you have any questions contact John Stephen, CPPO, CPPB, Senior Buyer, at 970-221-6777.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
215 North Mason Street • 2"" floor • 11.0. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 - Fax (970) 221-6707
wwwlegoov.com
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Service Provider's general liability and
automobile liability insurance policies for any claims arising out of work performed under this
Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 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.
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EXHIBIT "C"
ADDENDUM #1 BID SCHEDULE
5937 FENCING AT SOAPSTONE PRAIRIE NATURAL AREA
Contractor to furnish and install approximately 13200 linear feet of 5 strand barb wire fencing per layout
drawing and specifications for a complete project.
13200 L.F. ad/ /L.F: $
15 H-BRACE @ 4/z5 7EA = $em
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WILDLIFE GATE EACH $ 0—
METAL PIPE GATE (2-12R) $ a51D
COD
GRAND TOTAL
FIRM NAME
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City:
City of Ft. Collins Purchasing
PO 580
Ft Collins, CO. 80522
Service Provider:
Waterford Corporation
404 North Link Lane
Ft Collins, CO 80524-4700
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of twenty one thousand eight
hundred eleven Dollars ($21,811). Option Cost Breakdown is attached as Exhibit "C".
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. 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.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of
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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.
10. 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.
11. 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.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
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agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
14. 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 B, 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 Director of Purchasing and Risk
Management, 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.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
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ATT T:
CORPORATE SE RE ARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
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ames B. Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date: 11- (q. 0-5
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PRINT NAME
CORPORATE PRESIDENVOR VICE PRF,�fDENT
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(Corporate Seal) gym.
SA January 2005
EXHIBIT "A"
BID PROPOSAL
BID 5937
FENCING AT SOAPSTONE PRAIRIE NATURAL AREA
SCOPE
Project Description
Construct approximately 2.5 miles of 5 strand barbed wire fence along the northern boundary of
Soapstone Prairie Natural Area (see map).
Fence design, gate locations, materials, and construction specifications are outlined below.
An additional 2.5 miles of fence is to be constructed along the northern boundary of Soapstone
Prairie Natural Area but will be the responsibility of the Soapstone Grazing Association (see map).
Please contact Soapstone Grazing Association for bid details of that project. It is preferred that
both sections of fence be built at the same time. Soapstone Grazing Association can be contacted
at:
Soapstone Grazing Association
Ricky Gallegos, President
15900 N County Road 15
Wellington, CO 80549
(970)568-7758
Work Hours
Work can occur on site from dawn to dusk. No camping on site is allowed.
Specifications
Specifications for the fence are taken, in part from the Natural Resources Conservation Service
Specification Guide for Fence (Code 382). In some cases the specifications for this fence differ
from those in the NRCS document. When that occurs, use the specifications contained within the
City of Fort Collins bid.
• Standard Fence: 5-strand barbed wire fence shall be the minimum. Line posts shall
alternate 1 wood to 3 metal. Wire shall be placed on the north side of the post on the
western half of the fence; on the south side of the post on the eastern half of the fence. The
construction must meet or exceed the minimum design criteria.
• Wire Spacing: Bottom wire shall be 10" above ground with middle three wires set at 8"
intervals, and top wire set at not less than 42" above ground. Maximum height above ground
level shall be 42 inches.
• 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.
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The fencing wire shall be placed on the side of the post opposite the area being pubgd ,
except on curves where the fencing shall be placed on the outside of the curve. The
binding and ties should be on the same side for security benefit and tampering.
• Concrete: All concrete shall have a minimum cement content equivalency of 6 sacks per
cubic yard.
Barbed Wire: Barbed wire shall be composed of two strands of 12'/2 gauge (U.S. wire
gauge) with 14 gauge barbs (barb spacing of 4-5 inch centers). Foreign made 12'/2 gauge
and heavier malleable steel barbed wire (not high tensile) must equal or exceed 950 pounds
(lbs.) force break strength. Wire 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 'Y2 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. Posts shall have a
minimum top diameter of 3 inches and set approximately 18 inches in the ground. Top wire
staple shall be a minimum of 8 inches from the top of the post. Spaced not more than 15
feet apart with one stay centered between posts. Total length of post should accommodate
all measurements for the specific fence (6 foot post length).
Pressure treated wood (Pine most commonly available) with a minimum top diameter of 3
inches. Wood preservation treatment shall be in accordance with Federal Specifications
No. TT-W-571i(A 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
also not be used.
Steel - Standard T, 1 3/8 x 1x3/8 x 1/8 inches or U and Y shaped, 2 x 1 % x 3132 sleelpost
with anchor plate (1.25 Ibs/ft excluding plate). Post shall be a minimum of 6 feet long and
set into the ground a minimum of 1.5 feet or to the top of the anchor plate. Steel post 0.085
gauge, similar in quality to "Staple Grappler," shall also be acceptable.
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 80 rods (1320 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. (See H-Brace Pull Assembly).
All H-Brace assemblies will consist of posts a minimum of 7.5 feet in length and set
approximately 3 feet in the ground, spaced 6 feet apart.
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Wood - A minimum of 5 inch top diameter (inside of bark) of treated timber or durable wood
listed above for upright post. A 6 inch top diameter (inside of bark) can be used for the
outside upright post. The horizontal post shall be a minimum of 3.5 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.
Corner and End/Gate Post: Wood - (Pressure treated or durable wood) shall have
minimum top diameter of 5 inches, 7.5 feet in length, and be set firmly 3 feet in the ground.
Cross post will have a minimum 3.5 inch top diameter.
Brace wire shall be No. 9 gauge galvanized smooth wire or 12 %2 gauge barbed 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.
Wire clips or fasteners must be galvanized and similar to strength of fence wire.
Wire shall be placed on the north side of the posts on the western half of the fence; on the
south side of the post on the eastern half of the fence.
Gates: Approximately 15 wildlife crossing gates will be constructed along the north
boundary. Each gate will be 6' in length and consist of 4 strands of wire. The bottom wire
will be smooth and set a minimum of 15" above ground. The remaining 3 wires will be
barbed with the middle two wires set at 9" intervals, and top wire set at not less than 42"
above ground. Maximum height above ground level shall be 42 inches. Exact location and
number of gates will be determined prior to and during fence construction. The bid should
include the cost per wildlife crossing gate.
Cultural, Archaeological, or Historical Artifacts
In the event that historical, prehistorical, archaeological, palentological, or ancillary resources are
discovered in the course of the construction process, the project proponent(s) shall refrain from
knowingly damaging such resources and shall notify Daylan Figgs, Fort Collins Natural Areas. This
includes all artifacts, funerary objects, and historical resources.
a) To knowingly disturb historical, prehistorical, archaeological, palentological or ancillary
resources on city -owned land is a misdemeanor; to knowingly disturb human remains on city -owned
lands is a misdemeanor.
b) Project proponent(s) should make reasonable efforts to avoid or minimize harm to newly
discovered historical, prehistorical, archeological, palentological, or ancillary resources. The
landowner or project proponent(s) should notify an identified representative of the Fort Collins City
Natural Areas Department as soon as possible after such a discovery. The Fort Collins City Natural
Areas Department's designated representative, along with any other designated person(s), project
proponent(s), and / or City Departments (e.g. the Museum), shall jointly develop a plan for the
evaluation and treatment of the resource.
c) In the event that an adverse effect is anticipated, the City of Fort Collins Natural Areas
Department, project proponent(s), and / or City Departments (e.g. the Museum) will make a
determination on how to mitigate the effect.
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Glossary of Terms:
Ancillary: Samples that are considered organic or inorganic specimens, other than human remains
or artifacts, gathered by scientists for the purpose of analysis to provide information on past
environments, diets, chronology, or material source areas. Ancillary samples may include, but are
not limited to, charcoal, wood, soil, coprolites, and floral or faunal specimens.
Archaeological: means all sites, deposits, structures, or objects which are at least 100 years of
age and which provide information pertaining to the historical or prehistorical culture of people.
Artifacts: are portable items made, used, or transported by humans.
Funerary Objects: means objects that as part of the death rite or ceremony of a culture, are
reasonably believed to have been placed with individual human remains either at the time of death
or later.
Historical: means older than 50 years of age and during the period that written records have been
used to document events.
Historical Resources: means all sites, deposits, structures, buildings, or objects which provide
information pertaining to the culture of people during the historical period.
Prehistorical: means before the period that written records were used to document events.
Prehistorical resources may be archaeological or palentological.
Palentological: means fossils and other remains of prehistoric animals, plants, insects, and other
objects of natural history within Colorado that do not show evidence of human association.
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