HomeMy WebLinkAbout536973 HIGHLINE FENCING - CONTRACT - BID - 7611 FENCING AT SOAPSTONE PRAIRIE NATURAL AREAServices Agreement
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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 HIGHLINE FENCING LLC, 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 six (6) pages and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated by within five (5) days following execution of
this Agreement. Services shall be completed no later than one hundred twenty (120)
working days following commencement of work. 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.
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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:
Service Provider: City: Copy to:
Highline Fencing LLC
Attn: Sheldon Emerson
4000 N Overland Trail
Laporte, CO 805358
City of Fort Collins
Attn: Justin Scharton,
Natural Areas Dept.
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
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.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, Seventy-Six Thousand Five
Hundred Sixty-Six Dollars ($76,566) as per the attached Exhibit "B", consisting of two (2)
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
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compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
8. 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
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.
9. 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.
10. 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.
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
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the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
12. 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.
13. 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
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attorney fees and costs incurred because of the default.
14. 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.
15. 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 C, 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.
16. 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.
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17. 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.
18. 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
Agreement is being performed.
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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.
19. Special Provisions. Special provisions or conditions relating to the services to be
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performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) pages, attached hereto and incorporated herein by this reference.
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
HIGHLINE FENCING LLC
By:_______________________________
__________________________________
PRINT NAME
__________________________________
TITLE
Date:_____________________________
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EXHIBIT A
SCOPE OF WORK
Specifications are inclusive of the original scope of work and the
additions/corrections/deletions made by Addendums 1 and 2.
Work must be completed for both projects within 120 working 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 120 days. If the contractor is not able to proceed to
the Bernard fence project after the Brannigan fence project due to delays by the City, the
contractor may demobilize and may charge an additional mobilization charge if/when the
Bernard project is ready to be completed. Time demobilized will not be counted against the 120
days given for project completion.
PROJECT DESCRIPTION - BRANNIGAN CATTLE FENCE
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.
Storage On-Site:
Contractor may store equipment or materials for this project on-site during construction at
locations and for a duration approved by the City. 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.
x 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.
x Wire Spacing: Wire spacing should be as follows:
o Top Wire – 42” above ground
o Second Wire – 30” above ground
o Third Wire – 24” above ground
o Bottom Wire – 18” above ground
x Materials: Fencing materials must be new with a life expectancy of 15 years.
x Linejacks/Deadman Anchors: Linejacks or other suitable type of anchoring shall be
used if proper depth of post installation is not achievable. In drainage ways or draws, a
weight or deadman anchor should be fastened to the fence to maintain the required
spacing interval. Additional wires may be needed for these short distances between
anchors. Use the anchor or deadman where the bottom of the drainage or draw is more
than 20 inches below the bottom wire.
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x Wire: All wire shall meet ASTM 121, Class 1 standards. Smooth wire shall be standard
12 ½ gauge smooth wire. Barbed wire shall be composed of two strands of 12 ½ gauge
(U.S. wire gauge) wire with 14 gauge barbs (barb spacing of 4-5 inch centers). Both
wire types must have minimum Class I galvanization, zinc coating of at least 0.3 ounce
of zinc per square foot of wire surface. Refer to federal specifications RR-F-21/1A.
x 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.
x 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 (1.33 lbs/ft excluding plate). Post shall be a minimum of 5.5 feet
long and set into the ground a minimum of 1.5 feet or to the top of the anchor plate.
Steel post 0.085 gauge, similar in quality to “Staple Grappler,” shall also be acceptable.
x 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 800 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 8 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
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 of top wire height.
x Corner and End/Gate Post: Wood - (Pressure treated or durable wood) shall have
minimum top diameter of 5 inches, 8 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 top of the
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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.
x Wire Gates: Each gate will be 12 feet in width and consist of 4 strands of wire with the
same wire spacing and wire type 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.
x 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
Remove approx. up to 41,700 ln. ft. of existing fencing, construct approx. up to 47,800 ln. ft. or
9.0 miles of new 5 strand smooth/ barb wire bison fence, and upgrade approx. 8,000 ln. ft. of
existing cattle fence to 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.
Storage On-Site:
Contractor may store equipment or materials for this project on-site during construction at
locations and for a duration approved by the City.
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.
x General Fence Design:
o New Bison Fence - 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.
o Upgrade Bison Fence – 4 strand cattle fencing shall be upgraded to bison
fencing by adding one additional smooth wire above the existing top wire.
One additional metal t-post shall be installed ½ way between existing line
posts. Existing H-brace and corner posts will be replaced with 6” diameter
wood posts to accommodate the new top wire. All new posts shall be
minimum 66” above ground.
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x Wire Spacing: Wire spacing for new bison fence shall be as follows:
o Top Wire – 52” above ground
o Second Wire – 40” above ground
o Third Wire – 32” above ground
o Fourth Wire – 25” above ground
o Bottom Wire – 18” above ground
Note: For the upgrade section of fence, the existing bottom four wires will not need to be
adjusted to meet the above spacing spec. Instead, the new top wire shall be 12” above the
existing top wire, at 54” above ground.
x Materials: Fencing materials must be new with a life expectancy of 15 years.
x 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.
x Wire: All wire shall meet ASTM 121, Class 1 standards. Smooth wire shall be standard
12 ½ gauge smooth wire. Barbed wire shall be composed of two strands of 12 ½ gauge
(U.S. wire gauge) wire with 14 gauge barbs (barb spacing of 4-5 inch centers). Both wire
types must have minimum Class I galvanization, zinc coating of at least 0.3 ounce of
zinc per square foot of wire surface. Refer to federal specifications RR-F-21/1A.
x 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.
x Line Posts: Materials must be new with a life expectancy of 15 years. Wood line posts
shall be 7’ tall, have a minimum top of post diameter of 5 inches, and shall be set
approximately 1.5 feet in the ground and spaced not more than 15 feet apart. Top of
post shall be a minimum of 66” above the ground. 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 5 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 (1.33 lbs/ft excluding plate). Post shall be a minimum of 7 feet
long and set into the ground a minimum of 1.5 feet or to the top of the anchor plate.
Steel post 0.085 gauge, similar in quality to “Staple Grappler,” shall also be acceptable.
Top of t-post should be minimum of 66”above ground.
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x 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 800 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 8 feet in length and set
approximately 3 feet in the ground, spaced 6 feet apart. Top of upright h-brace posts
shall be at 66” above ground.
Wood - A minimum of 6 inch top of post diameter (inside of bark) of treated timber or
durable wood listed above for upright post. 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 4
inches in diameter or a 4x4 inch timber. A second option is a steel cross post a minimum
of 2 inches in diameter (ID). The minimum length shall be 6 feet and shall not exceed 10
feet and mounted 12 inches below the top of the end post or a minimum distance above
the ground being 2/3 of top wire height.
x Corner and End/Gate Post: Wood - (Pressure treated or durable wood) shall have
minimum top of post diameter of 6 inches, 8 feet in length, and be set firmly 3 feet in the
ground. Cross post will have a minimum 6 inch top of post diameter. All posts shall be
minimum 66” above ground.
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.
x 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.
x 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. For upgrade section, existing pipe gates shall be replaced
with new 5’ tall gates. City will retain existing gates.
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.
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b) Project proponent(s) should make reasonable efforts to avoid or minimize harm to newly
discovered historical, prehistorical, archeological, palentological, or ancillary resources.
The landowner or project proponent(s) should notify an identified representative of the
Fort Collins City Natural Areas Department as soon as possible after such a discovery.
The Fort Collins City Natural Areas Department's designated representative, along with
any other designated person(s), project proponent(s), and / or City Departments (e.g. the
Museum), shall jointly develop a plan for the evaluation and treatment of the resource.
c) In the event that an adverse effect is anticipated, the City of Fort Collins Natural Areas
Department, project proponent(s), and / or City Departments (e.g. the Museum) will
make a determination on how to mitigate the effect.
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.
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EXHIBIT B
COMPENSATION
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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.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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EXHIBIT D
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.
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