HomeMy WebLinkAbout113109 WATERFORD CORPORATION - CONTRACT - BID - 6128 RIPARIAN FENCE AT SOAPSTONESERVICES 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".
WITNESSETH:
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 three (3) 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 within five (5) days following execution of this
Agreement. Services shall be completed no later than May 1, 2009. 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 rev07/08
EXHIBIT B
BID SCHEDULE
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ADDRESS 404 N. Link Lanox--
Fort Coflins, CO 30524
VHON,17,1I-tkXln 970-4a2-0911 970-482 0934
Adcfcndut-n number one (1) acknowh:�flcjrd
rev06/07
10
EXHIBIT C
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.
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 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.
rev06/07
11
Bid Schedule
Addendum 1
Contractor to furnish all labor, materials, equipment, supervision and incidentals necessary to
complete the work per attached specifications. Brace and corner assemblies and gates are
complete per specifications. Riparian fence will include all line post and all other materials
including electrical energizers for a complete turnkey project. Contract will be awarded on Grand
Total.
Riparian fence $ 1 .34per linear ft X 20,000 ft = $ 26800, total
H Braces complete $ 120. each X 15 = $ 1800. total
12 foot gate complete $ 330. each X 2 = $ 660, total
16 foot gate complete $ 350. each X 2 = $ 700. total
GRAND TOTAL $ 29960.
Twenty nine thousand nine hundred sixty dollars
Corner and End/ Gate Post complete $ 155. each
Untreated hardwood posts (redwood, cedar) $ 14.50 each
FIRMNAME WATERFORD CORPORATION
Are you a( �ation�Partnership, DBA, LLC, or PC
�—_
BY:
Signat r� Printed
ADDRESS 404 N. Link Lane,
Fort Collins, CO 80524
PHONE/FAX # 970-482-0911 / 970-482-0934
EMAIL: tnesbitt@waterfordcorp.com
Addendum number one (1) acknowledged
City:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Waterford Corporation
Attn: Purchasing
Attn: Erica Saunders
Attn: E. Thomas W. Nesbitt
PO Box 580
PO Box 580
404 N. Link Lane
Fort Collins, CO 80522
Fort Collins, CO 80522
Fort Collins, CO 80524
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, per the attached Exhibit "B", consisting
of one (1) pages, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. 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.
ON
SA rev07/08
9. 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.
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 whetherthe 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.
3
SA rev07/08
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
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.
Z
SA rev07/08
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service
Provider has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Service Provider
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
SA rev07/08
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.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By w�,V�)�—
Jame B O'Neill II, CPPO, FNIGP
Direct of Purchasing and Risk Management
Date: 1'G�
Waterfor Corpo ,ton—
B-ss
Y71
-
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Z - 2 7
ATTEST: (Corporate Seal)
CORPORATE SECR TARY
SA rev07108
EXHIBIT A
SCOPE OF WORK
Project Description
Construct approximately 3.8 miles (approximately 20,000 feet) of riparian (interior) fencing at
Soapstone Prairie Natural Area in northern Larimer County, including locations to provide
livestock access to water along a small stream (see map). Topography is generally rolling
shortgrass prairie, and soils are generally sandy loams or gravelly loams. Fence design, gate
locations, materials, and construction specifications are outlined below. The project must be
completed by May 1, 2009.
Work Hours
Work can occur on site from dawn to dusk. No camping on site is allowed.
Specifications
• Standard Fence: 3-strand high tensile fence with the following specifications:
o Tensile Strength - 140,000 minimum psi
o Galvanizing - Type III
o Gauge - 12'/2
o Tension shall be maintained at a minimum of 200 pounds pressure on each wire.
o The appropriate springs, fasteners, clips, pins and other materials used during
construction must also conform to the product qualities and assembly methods as
specified by the manufacturer.
• Line Posts: Fiberglass posts shall be alternated with wood posts at a maximum ratio of
8:1. Posts shall be spaced not more than 40 feet apart on level terrain or as needed on
inclines or otherwise uneven terrain. Where fence approaches riparian area for livestock
access points, closer post spacing should be used (16.5 feet), and all wood posts should
be used within 50 feet of the stream channel. Total length of posts should accommodate
all measurements for the specific fence. In no circumstance may wire be fastened to
trees in place of posts.
• Fiberglass Posts: Fiberglass posts shall be a minimum diameter of 1 inch and
shall be placed a minimum of 18 inches in the ground.
• Wood Posts: Posts shall be pressure treated wood and have a minimum top
diameter of 5 inches and set approximately 2 feet in the ground. Top wire shall
be a minimum of 8 inches from the top of the post.
• H Brace: All brace post assemblies shall have a minimum of 2 posts in line to provide a
suitable anchor for the fence. They shall be spaced at a maximum of'/ mile (1320 feet)
intervals 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 post.
Reasonable deviations shall be permitted where rocky ground or steep slopes exist.
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.
Wood- A minimum of 6 inch top diameter of treated timber or durable wood for upright
post. The horizontal post shall be a minimum of 4 inches in diameter.
• Corner and End/ Gate Post: Use a corner post assembly for fence alignment changes
of greater than 45 degrees. Sweep corners can be used for alignment changes less
than 45 degrees. Sweep corners shall have a maximum post spacing of 8 feet and
consist of a minimum of three posts.
Wood- (Pressure treated or durable wood) shall have minimum top diameter of 6 inches,
7.5 feet in length, and be set firmly 3 feet in the ground. Cross post will have a minimum
rev06/07
4 inch top diameter.
Wire & Electrical Connections: Bottom wire shall be 18" above ground, middle wire at
28" above ground, and top wire at 40" above ground. Fence will be constructed such
that bottom and top wire can be energized on a single circuit. All electrical connections
should use double insulated wire and mechanical fasteners. Middle wire will be
grounded. Wire should be attached to the side of the post that faces away from the
riparian area (wire should not be inserted through pre -drilled holes in fiberglass posts).
Wire should be attached to wood posts with high quality plastic insulators, and to
fiberglass posts with adjustable pin locking insulators or clips that enable the wires
attached to line posts to be lowered to ground level when the fence is not in use (wire
attached to H braces or corner posts does not need to be adjustable).
Grounding Rods: A minimum of 3 galvanized steel or copper grounding rods 6 feet
long, spaced 10 feet apart, and driven into the soil until only 4-6 inches is sticking out
above ground (or as deep as soil conditions allow), in the wettest soil available. Rods
should be placed close to the stream where the soil will be moist, and connected to the
fence with a wire along the soil surface. The closest rod should be within 20 feet of the
fence. Additional grounding rods should be placed along the grounding wire as
necessary.
Energizers: Fence should be powered with a solar powered electric fence controller. It
should be high power, low impedance with a minimum 5,000 volt peak output with a short
pulse that is less than 300 mAmps in intensity, finished within 300-millionths of a second
(0.0003 seconds) at a rate of 35-65 pulses per minute and a high impact weather
resistant case. Should have a lightning arrestor and surge protector. Fence chargers
and other electric equipment will be used and installed consistent with manufacturer's
guidelines.
Gates: 5 gates will be constructed, each of 3 expandable, coiled, high tensile, 12.5
gauge wires in line with the fence wires and each attached to an insulated handle. Gate
openings should be at least 16 feet wide. Locations are indicated on the attached map.
Materials: Fencing materials must be new with a life expectancy of 15 years.
Stream access points: The fence will be constructed to allow livestock access to the
stream in 6 locations (see map). Fence should be constructed across the stream and to
the opposite bank, but allow livestock access to a strip of ground on the opposite bank
no more than 10 feet in width from the opposite stream bank. Locations should allow
livestock access to approximately 30 feet of stream length. Two corner post assemblies
should be used for each access point. Where fence approaches riparian area for
livestock access points, closer post spacing should be used (16.5 feet), and all wood
posts should be used within 50 feet of the stream channel.
City will be responsible for providing:
• In -stream modifications and construction of hardened surfaces at access points
ADDITIONAL PIPE GATES AT SOAPSTONE PRAIRIE NATURAL AREA
At two locations on Soapstone Prairie Natural Area, add a 16 foot pipe gate going across the
road over an existing cattle guard, and a 12 foot pipe gate replacing wire gates for cattle
passage immediately adjacent to the road (total of 4 additional gates; see map for locations).
Each gate should be 50" in height with 6 bars. 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. Gate posts will need
to be replaced and should consist of pressure treated wood posts with minimum diameter of 6
rev06/07
inches and set in the ground approximately 3 feet. All materials necessary to construct gates
should be included in the bid (all hardware including hinges, bolthooks, chain, nuts and bolts,
etc).
REVISIONS:
Clarification on energizer: Energizer should have a minimum output of 5 Joules (on the
fence, not stored energy). Battery should be a Group 27 deep cycle battery. Solar panel
should be a minimum 40 Watts. Panel must have voltage regulation consistent with battery
requirements. Solar panel should be set on a post in a frame and set at least 6 feet above
ground level. Wire connecting solar panel to battery must be protected. Energizer should be
located internal to fence; energizer and solar panel locations must be approved by City prior
to placement.
Grounding rods: Lightning arrest location/ grounding rods should be placed at energizer and
in 4 additional locations along the fence at stream access points (2 on east side, 2 on west
side of fence)
Wood posts must be ACQ pressure treated. The City will not allow CCA pressure treated
wood posts. In areas of high water table, contractor may be required to substitute untreated
hardwood posts (redwood, cedar) approved by City.
Change tensile strength of wire to 200,000 psi minimum
rev06/07