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HomeMy WebLinkAboutBID - 7611 FENCING AT SOAPSTONE PRAIRIE NATURAL AREA (3)BID 7611 Fencing at Soapstone Prairie Natural Area Page 1 of 26 INVITATION TO BID 7611 FENCING AT SOAPSTONE NATURAL AREA BID OPENING: 3:00 P.M. (our clock), MARCH 25, 2014 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 proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2 nd 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), March 25, 2014. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations and will not be discriminated against on the grounds of race, color, national origin. The City of Fort Collins is requesting bids from qualified firms for fencing located at the Soapstone Prairie Natural Area located north of Ft Collins. There are two separate fencing projects included in this bid: 1) The Bernard pasture fencing project includes upgrading (or replacing if upgrade is cost prohibitive) approximately 8,300 ln. ft. of existing 4 strand smooth/barbed wire cattle fence to 5 strand smooth/barbed wire bison fence, and the construction of up to approx. 34,000 ln. ft. of new 5 strand smooth/barbed bison fence, depending on project costs. 2) The Brannigan pasture fencing project includes the construction of approx. 15,300 ln. ft. of 4 strand smooth/barbed wire cattle fence. Work must be complete within 90 days after notice to proceed. A prebid conference and job walk with representatives of prospective Bidders will be held at 9:30 am, on March 12, 2014, at the Soapstone Natural Area meeting at the entrance off Rawhide Flats Road north of Fort Collins. Questions concerning the scope of the bid should be directed to Justin Scharton at (970) 221-6213 or jscharton@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing BID 7611 Fencing at Soapstone Prairie Natural Area Page 2 of 26 CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: http://fcgov.com/eprocurement 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. 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 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. BID 7611 Fencing at Soapstone Prairie Natural Area Page 3 of 26 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 please refer to the Purchasing Department website at www.fcgov.com/purchasing. Results will be posted on this webpage for 14 days after the bid opening. Gerry S. Paul Director of Purchasing and Risk Management BID 7611 Fencing at Soapstone Prairie Natural Area Page 4 of 26 BID SCHEDULE 7611 FENCING AT SOAPSTONE PRAIRIE NATURAL AREA 1) Brannigan Fence (Standard Wildlife Friendly Cattle Fence) Contractor to furnish and install approx. 15,300 ln. ft. of 2 strand smooth and 2 strand barb wire fencing per specifications for a complete project. Individual items include installation. 15,300 ln.ft. @ ________ per ln. ft. = $ ______________ H-BRACE EACH $ WIRE GATE EACH $ PIPE GATE EACH $ GRAND TOTAL $ 2) Bernard Fence (Wildlife Friendly Bison Fence) a) Contractor to furnish and install approx. up to 34,000 ln. ft. of 2 strand smooth and 3 strand barbed wire bison fencing per specifications for a complete project. Individual items include installation. Up to 34,000 ln.ft. @ ________ per ln. ft. = $ ______________ H-BRACE EACH $ WIRE GATE EACH $ PIPE GATE EACH $ GRAND TOTAL $ b) Bernard Fence Upgrade or Replacement (Wildlife Friendly Cattle Fencing to Wildlife Friendly Bison Fence) Contractor to propose most cost effective method with the highest construction integrity to either:  Furnish and install an upgrade of approx. 8,300 ln. ft. of existing 4 strand smooth/barbed wire cattle fencing to 5 strand smooth/barbed wire bison fencing, or  Remove existing 4 strand fencing and replace it by furnishing and installing approx. 8,300 ln. ft. of 5 strand smooth/barbed wire bison BID 7611 Fencing at Soapstone Prairie Natural Area Page 5 of 26 fencing. i. For fencing upgrade, please explain your proposed method to upgrade existing cattle fence to bison fence (attach another sheet if necessary): Upgrade Costs (If you are proposing upgrading the existing fence) 8,300 ln.ft. @ ________ per ln. ft. = $ H-BRACE EACH $______________ WIRE GATE EACH $______________ PIPE GATE EACH $______________ GRAND TOTAL $______________ ii. If you propose removal of the existing fence and replacement of new fence as the best approach, please bid accordingly below: Replacement Costs Removal of Existing Fencing 8,300 ln.ft. @ ________ per ln. ft. = $ Less Salvage Value (to Contractor) 8,300 ln.ft. @ ________ per ln. ft. = $ TOTAL REMOVAL COST = $ Replacement of New Bison Fencing 8,300 ln.ft. @ ________ per ln. ft. = $ H-BRACE EACH $ WIRE GATE EACH $ PIPE GATE EACH $ GRAND TOTAL $ BID 7611 Fencing at Soapstone Prairie Natural Area Page 6 of 26 3) Wash Crossing Method – There are a number of dry washes this bison fence will cross, some up to 30 ft. deep and subject to periodic flash flooding. Please describe your proposed method of building a secure bison fence through washes such as these, including details such as breakway fences, deadman structures, etc. 4) Equipment and Staffing List – Please submit a list of the number of employees that will be assigned to the project and a list of essential equipment that will be used on the job sites (e.g. skid steer, specialized fencing tools, etc.) 5) Relevant Projects and References – Please submit a list of relevant projects your firm has completed that demonstrates the skillset needed to build similar bison fencing, and a list of references that can discuss your firm’s experience building bison fencing. 6) Pre-Bid Meeting – A pre-bid meeting will be held on March 12, 2014 at 9:30 AM. Contractors should plan on meeting at the entrance gate of Soapstone Prairie Natural Area at the end of Rawhide Flats Rd (See directions attached). Contractors planning on bidding for the projects are strongly encouraged to attend this meeting to discuss specifics on upgrade options for existing fencing. Please include your firm’s contact information below: FIRM NAME _________________________________________________________ Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE _________________________________________________________ Printed _________________________________________________________ ADDRESS _________________________________________________________ _________________________________________________________ PHONE _________________________________________________________ EMAIL _________________________________________________________ BID 7611 Fencing at Soapstone Prairie Natural Area Page 7 of 26 SCOPE OF WORK 7611 FENCING AT SOAPSTONE PRAIRIE NATURAL AREA PROJECT DESCRIPTION - BRANNIGAN CATTLE FENCE Work must be complete within 90 days after notice to proceed. The City reserves the right to hire another fencing contractor to complete the work and deduct their cost from the awarded contractor after the 90 days. Construct approx. 15,300 ln. ft. or 2.9 miles of 4 strand smooth/ barb wire fence to establish a pasture line at Soapstone Prairie Natural Area (see map 2). Fence design, gate locations, materials, and construction specifications are outlined below. 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) 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 at18 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 high tensile wire. Barbed wire shall be composed of two strands of 12 ½ gauge (U.S. wire gauge) high tensile 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 8 of 26 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 3 inches and set approximately 18 inches in the ground and spaced not 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 3 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, 1 3/8 x 1x3/8 x 1/8 inches or U and Y shaped, 2 x 1 ¼ x 3/32 steel post with anchor plate (1.25 lbs/ft excluding plate). Post shall be a minimum of 5.5 feet long and set into the ground a minimum of 1.5 to 2 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 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 7 feet in length and set approximately 3 feet in the ground, spaced 6 feet apart. Wood - A minimum of 5 inch top of post diameter (inside of bark) of treated timber or durable wood listed above for upright post. A 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 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 feet in length, and be set firmly 3 feet in the ground. Cross post will have a minimum 3.5 inch top of post diameter. 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 9 of 26 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 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. The bid must include the cost per gate. PROJECT DESCRIPTION - BERNARD BISON FENCE Construct approx. up to 42,300 ln. ft. (including potential upgrade) or 8.0 miles of 5 strand smooth/ barb wire bison fence to establish bison pastures at Soapstone Prairie Natural Area (see map 3). Fence design, gate locations, materials, and construction specifications are outlined below. 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), Fencing with Wildlife in Mind (Colorado Division of Parks and Wildlife), and Fencing Guidelines for Bison on Alberta Public Lands with Wildlife Access in Mind (University of Calgary). In some cases the specifications for this fence differ from those in the reference documents. When that occurs, use the specifications contained within the City of Fort Collins bid. • 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. BID 7611 Fencing at Soapstone Prairie Natural Area Page 10 of 26 • 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 high tensile wire. Barbed wire shall be composed of two strands of 12 ½ gauge (U.S. wire gauge) high tensile 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 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 6 inches and set approximately 1.5 feet in the ground and spaced not 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 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, 1 3/8 x 1x3/8 x 1/8 inches or U and Y shaped, 2 x 1 ¼ x 3/32 steel post with anchor plate (1.25 lbs/ft excluding plate). Post shall be a minimum of 7.5 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 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 6 feet apart. Wood - A minimum of 8 inch top of post diameter (inside of bark) of treated BID 7611 Fencing at Soapstone Prairie Natural Area Page 11 of 26 timber or durable wood listed above for upright post. An 8 inch top of post diameter (inside of bark) can be used for the outside upright post. The horizontal post shall be a minimum of 6 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: Wood - (Pressure treated or durable wood) shall have minimum top of post diameter of 8 inches, 9 feet in length, and be set firmly 3 feet in the ground. Cross post will have a minimum 6 inch top of post diameter. 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. 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 5 strands of wire with the same 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, 5 feet tall, 16 gauge construction or stronger, 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. 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. BID 7611 Fencing at Soapstone Prairie Natural Area Page 12 of 26 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. Glossary of Cultural 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. BID 7611 Fencing at Soapstone Prairie Natural Area Page 13 of 26 BID 7611 Fencing at Soapstone Prairie Natural Area Page 14 of 26 BID 7611 Fencing at Soapstone Prairie Natural Area Page 15 of 26 BID 7611 Fencing at Soapstone Prairie Natural Area Page 16 of 26 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". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 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 , 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 17 of 26 rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. 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 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. 6. 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. 7. 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 BID 7611 Fencing at Soapstone Prairie Natural Area Page 18 of 26 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. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. 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. 10. 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. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 19 of 26 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. 12. 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. 13. 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. 14. 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 20 of 26 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. 15. 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. 16. 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. 17. 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. 18. 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 21 of 26 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 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. 19. 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. 20. 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. 21. 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 22 of 26 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 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 BID 7611 Fencing at Soapstone Prairie Natural Area Page 23 of 26 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. 22. 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 ( ) pages, attached hereto and incorporated herein by this reference. BID 7611 Fencing at Soapstone Prairie Natural Area Page 24 of 26 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ BID 7611 Fencing at Soapstone Prairie Natural Area Page 25 of 26 EXHIBIT 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. BID 7611 Fencing at Soapstone Prairie Natural Area Page 26 of 26 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.