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HomeMy WebLinkAboutBID - 6128 RIPARIAN FENCE AT SOAPSTONE1,, inancial Serrices Purchasing Division 215 N. Mason St. 2"" Floor PO Box 580 Fart Collins, CO 80522 970.221.6775 970.221 6707 Jayuo.cmn/purcGnsirt,4 Ie1all] :10U1110511kg it SPECIFICATIONS AND CONTRACT DOCUMENTS Description of Bid: 6128 Riparian Fence at Soapstone OPENING DATE: 3:00 P.M. (Our Clock) December 12, 2008 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CHANGE: 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 Revised Bid Schedule attached Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 8. 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 underthis agreement. All requests concerning this agreement shall be directed to the City Representative. 9. 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. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workman ship/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 8 SA rev07/08 item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be 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. 15. Binding , EThis 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. 16, Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional M SA rev07/08 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. 17. 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. 18. 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. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this 10 SA rev07/08 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. 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. 20. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ) pages, attached hereto and incorporated herein by this reference. 11 SA rev07/08 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: M PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Sea[) CORPORATE SECRETARY 12 SA rev07/08 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: 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. SA rev07/08 13 Soapstone Prairie Natnml: Ii-ea - Riparian Fence tv t n i i & s VF i T Aa j r ' F r i 4 e, C Legend i ' -• Riparian fencing ,q� `�3 =f�` (-20,0001inearfeet=3.8miles) � Gate Locations J—}'— Existing barbed_nre fence rYV Hiles 0 0,05 0.1 0.: 0.3 0.4 OF SA rev07/08 14 rranrte;vahn•a[Area- Locattoi7 Add one 16-foot pipe gate & one 12-foot pipe gate Add one 16-foot pipe gate & one 12-foot pipe gate INI-11- I'l Li M rAles 0 0.25 0,5 1 1.5 2 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 energizes for a complete turnkey project. Contract will be awarded on Grand Total. Riparian fence $ per linear ft X 20,000 ft = $ total H Braces complete $ each X 15 = $ total 12 foot gate complete $ each X 2 = $ total 16 foot gate complete $ each X 2 = $ total GRAND TOTAL $ Corner and End/ Gate Post complete $ each Untreated hardwood posts (redwood, cedar) $ each FIRM Are you a Corporation, Partnership, DBA, LLC, or PC W1 Signature ADDRESS PHONE/FAX # EMAIL: Printed City of Financial Services Fort C'..ollimns Purchasing Division 215 N. Mason St. 2" Floor PO Box 580 Fort Collins, CO 00522 Purchasing 970.221.6775 970.221.6707 /cgo v. corn/purchasing INVITATION TO BID 6128 Riparian Fence at Soapstone BID OPENING:3:00 P.M. (our clock), December 12, 2008 The City of Fort Collins' is requesting bids to construct approximately 3.8 miles (approximately 20,000 feet) of riparian (interior) fencing at Soapstone Prairie Natural Area in northern Larimer County. Fence will be 3-strand high tensile fence with fiberglass posts alternated with wood posts per specification. The project must be completed by May 1, 2009. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid�roposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2" Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), December 12, 2008 A pre -bid meeting will be held December 1, 2008 at 10:00 am meeting at Terry Bison Ranch parking lot off of 1-25 between Wellington and the Colorado -Wyoming State line. Questions concerning the scope of the bid should be directed to Project Manager Erica Saunders (970) 416-2032. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, Senior Buyer (970) 221-6777. A copy of the Bid may be obtained as follows: Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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 forty-five (45) days after bid openings. Rev 10/20/07 Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. 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 proposal 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. Bidders must be properly licensed and secure necessary permits wherever applicable. Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. 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 acceptor 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. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. 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. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. James B. O'Neill ll, CPPO, FNIGP Director of Purchasing and Risk Management whore rerK'wal IS a way OF life BID PROPOSAL BID 6128 Riparian Fence at Soapstone BID OPENING: December 12, 2008 at 3 p.m., (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR RIPARIAN FENCE AT SOAPSTONE PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS AND DRAWINGS: The City of Fort Collins' is requesting bids to construct approximately 3.8 miles (approximately 20,000 feet) of riparian (interior) fencing at Soapstone Prairie Natural Area in northern Larimer County. Fence will be 3-strand high tensile fence with fiberglass posts alternated with wood posts per specification. The project must be completed by May 1, 2009. A pre -bid meeting will be held December 1, 2008 at 10:00 am meeting at Terry Bison Ranch parking lot off of 1-25 between Wellington and the Colorado -Wyoming State line. Bid Schedule 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 $ per linear ft X 20,000 it = $ total H Braces complete $ each X 15 = $ total 12 foot gate complete $ each X 4 = $ each 16 foot gate complete $ each X 4 = $ each GRAND TOTAL Corner and End/ Gate Post complete $ each FIRM NAME Are you a Corporation, Partnership, DBA, LLC, or PC ]L Signature ADDRESS PHONE/FAX # EMAIL: SA rev07/08 SCOPE 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 learns or gravelly learns. 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 1/2 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 1/4 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 4 inch top diameter. SA rev07/08 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 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). SA rev07/08 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of pages and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of _ ( ) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . 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. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 4. Contract Period. [Option 2] This Agreement shall commence , 200, and shall continue in full force and effect until , 200, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed (_) additional one year periods. Renewals and pricing changes shall H SA rev07/08 be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) 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 fifteen (15) days from the onset of such condition. [Early Termination clause here as an option. 6. 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: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Attn: Purchasing Attn: PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. 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 "A", consisting of pages, and incorporated herein by this reference. 7 SA rev07/08