Loading...
HomeMy WebLinkAboutBID - 7630 FENCING CONTRACT ANNUALBID 7630 Fencing Contract Annual Page 1 of 51 INVITATION TO BID 7630 FENCING CONTRACT ANNUAL BID OPENING: 3:00 P.M. (our clock), APRIL 30, 2014 The City of Fort Collins is requesting bids from firms for a Service Provider to perform various fencing services. Some of these would be chain link fencing including backstops and various height fences and gates, western rail, plastic coated chain link, field fence, PVC fence and others. 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, 2nd 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), April 30, 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. All questions must be sent by 5 p.m. April 22, 2014. No questions will be answered after April 22, 2014. Questions concerning the scope of the bid should be directed to Jill Wuertz at (970) 416-2062 or jwuertz@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, 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 Bids may be withdrawn up to the date and hour set for closing.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 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 7630 Fencing Contract Annual Page 2 of 51 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. 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. Gerry S. Paul Director of Purchasing and Risk Management BID 7630 Fencing Contract Annual Page 3 of 51 BID PROPOSAL 7630 FENCING CONTRACT ANNUAL BID OPENING: April 30, 2014, 3:00P.M. (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR FENCING - Annual Bid PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for a Service Provider to perform various fencing services. Some of these would be chain link fencing including backstops and various height fences and gates, western rail, plastic coated chain link, field fence, PVC fence and others. Needed services during the contract period will be requested through issuance of work orders. There is no guaranteed minimum amount of services to be ordered. No work order exceeding $75,000 will be issued. The City reserves the right to supply any or all materials. Awarded contractor must enter into the attached service agreement and provide the required insurance (Exhibit B). This agreement is effective for one year from the date on the service agreement. At the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 1. Service Provider to: A. Provide services as described above, as set out in specific work orders. B. Carry insurance levels as required in the attached Services Agreement. C. Clean-up each job site at the end of each day and at work completion. D. Maintain a local phone number, and must be able to be reached by telephone during prescribed business hours. 2. Qualifications of Bidder: A. Qualified bidder must have minimum of five years as a fencing contractor. B. Qualified bidder will supply with bid, 3 references specific to backstop and ballfield fencing installation. Bidder to supply other references upon request. References must be within the last 5 years and include contact name, date when work was completed and type of work. C. Qualified bidder shall have sufficient manpower and equipment to accomplish said work in the required time. This includes the ability to bore necessary holes through frost. D. The City may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data as is reasonably required for this purpose. The City reserves the right to disqualify any bid if the evidence resulting from the City’s investigation shows, in the opinion of the City, that the bidder is not properly BID 7630 Fencing Contract Annual Page 4 of 51 qualified to prosecute the work described herein. E. Failure to meet the agreed upon milestones, mobilize to an area within 10 days, or fully complete the work specified date in the Work Order shall result in damages assessed against the Contractor. At the City’s option, liquidated damages in the amount of $200.00 per day may be retained from any monies due the Contractor, or the City may retain an additional contractor(s) to complete the work, or portion thereof, and retain any costs incurred above and beyond the bid prices of the Contractor from any monies due the Contractor in lieu of liquidated damages. 3. Scope of Work A. The Contractor shall mobilize to the area within ten (10) working days after receiving notice to proceed by the Project Manager or as approved by the Project Manager. Mutually acceptable milestones indicating working days shall be determined by the City and the Contractor. Any extensions of the time limits set forth above must be agreed upon in writing by the parties hereto. B. The Contractor shall be solely responsible for cleaning the job site at the end of each working day and at work completion. C. The City may order changes within the scope of the work without invalidating this agreement. If such changes alter the amount due under the contract documents or the time required for the performance of the work, such alteration shall be approved by the parties in writing in the form of a change order. 4. Work Order Procedure: A. All job estimates must be submitted on a unit price basis consistent with the prices established in the Bid Schedule section. B. Contractor will invoice for all jobs completed on a unit price basis with the prices established in the Bid Schedule section, including appropriate mark up on materials, if any. Material invoices must be included with the billing invoices or as directed by the Project Manager. C. Work order and purchase order number must be included on the billing invoices. 5. Method of Award: A Award will be based upon the lowest responsive, responsible Grand total cost for the various line items stated below in the Bid Schedule and the service provider meeting the requirements of the attached Services Agreement. B. Calculate the costs for the work per specification listed below using values shown in Bid Schedule. Work to be done during normal work hours. BID 7630 Fencing Contract Annual Page 5 of 51 BID SCHEDULE Item # Description Unit Quantity Unit Cost Total Cost Ballfield fencing 1 20' tall backstop (per elevation drawing) linear foot 60 2 26' tall backstop (per elevation drawing) linear foot 80 3 10' 9 gauge galvanized chain link fence linear foot 100 4 10' 6 gauge galvanized chain link fence linear foot 80 5 8' 9 gauge galvanized chain link fence linear foot 100 6 8' 6 gauge galvanized chain link fence linear foot 100 7 6' 9 gauge galvanized chain link fence linear foot 100 8 5' 9 gauge galvanized chain link fence linear foot 100 9 4' w X 8' h gate (include hinge, latch post & related fittings) each 4 10 4' w X 6' h gate (include hinge, latch post & related fittings) each 4 11 4' w X 5' h gate (include hinge, latch post & related fittings) each 4 12 12' w X 5' h service gate (include hinge, latch post & related fittings) each 4 14 10' 6 gauge galvanized (fabric only installed) linear foot 100 13 10' 9 gauge galvanized (fabric only installed) linear foot 100 15 8' 9 gauge galvanized (fabric only installed) linear foot 100 16 8' 6 gauge galvanized (fabric only installed) linear foot 100 17 6' 9 gauge galvanized (fabric only installed) linear foot 100 18 5' 9 gauge galvanized (fabric only installed) linear foot 100 19 Hang elevated fabric (upper portions of backstop) linear foot 80 20 Removal and disposal of old fence linear foot 1000 Tennis fencing (fabric only installed) 21 10' vinyl coated 2" 9 gauge core w/overall finish of 6 gauge Class 2A linear foot 100 22 10' vinyl coated 1 3/4" 9 gauge core w/overall finish of 6 gauge Class 2A linear foot 100 23 10' 9 gauge 1 3/4" galvanized linear foot 100 BID 7630 Fencing Contract Annual Page 6 of 51 Item # Description Unit Quantity Unit Cost Total Cost Other fencing 24 Field fence linear foot 100 25 6' cedar fence linear foot 100 26 Single rail fence linear foot 100 27 Western 2-rail fence linear foot 100 28 Western 3-rail fence linear foot 100 29 PVC fence 3-rail linear foot 100 30 PVC fence 3-rail with fabric linear foot 100 31 Wire fence with t-posts linear foot 100 32 Vinyl privacy slats square foot 500 Metal Stock Gates 33 1 1/2" metal gate 10' (include hinge, latch post & related fittings) each 2 34 1 1/2" metal gate 12' (include hinge, latch post & related fittings) each 2 35 1 1/2" metal gate 16' (include hinge, latch post & related fittings) each 2 36 2" metal gate 10' (include hinge, latch post & related fittings) each 2 37 2" metal gate 12' (include hinge, latch post & related fittings) each 2 38 2" metal gate 16' (include hinge, latch post & related fittings) each 2 Gate operator and gate systems 39 Operator - Chamberland Model SL595 "Slide" 1 HP motor each 1 40 Operator - Chamberland Model SL595 "Slide" 1.5 HP motor each 1 41 Cantilever gates linear foot 36 42 Operator - Apollo Model 1550ETL Single Swing each 1 43 Operator - Apollo Model 1650ETL Duel Swing each 1 Grand Total BID 7630 Fencing Contract Annual Page 7 of 51 Since miscellaneous materials and hourly charge will be a minor factor with this contract in most cases, they will not be calculated in bid method of award, but contractor must honor both mark- up rate and hourly charge. Contractor may charge a minimum charge of $150.00 if work is less than that amount. FIRM NAME____________________________________________ Are you a Corporation, Partnership, DBA, LLC, or PC SIGNATURE____________________________________________ ADDRESS______________________________________________ ______________________________________________ PHONE # __________________________________________ EMAIL __________________________________________ General Miscellaneous work 44 Supervisor hour 5 45 Laborer hour 10 Maximum materials mark-up City will pay 46 <$500.00 + 10% Bidder's mark-up % 47 >$500.00 + 8% Bidder's mark-up % BID 7630 Fencing Contract Annual Page 8 of 51 SPECIFICATIONS FOR BALLFIELD FENCE 1. 20 FOOT BACKSTOP SPECIFICATIONS 1. Backstop will be 60 ft. in length. 2. Backstop will be 20ft. in height. 3. 7 posts per backstop on 10 ft. centers. 4. 4” O.D. schedule 40 galvanized posts in 24” diameter holes. 5. Posts will be set 60” deep in 3000 psi. concrete. 6. See detail ”B” for concrete grade detail. 7. 2 3/8” O.D. schedule 40 galvanized rails. 8. 6 rails per backstop. See detail “D” for placement dimensions. 9. All posts will be capped. 10. Pressed steel fittings. 11. Rails must be coped and welded. 12. All welds must be continuous and of equal strength of pipe. 13. All welds must be cleaned and coated with grey galvanized spray and a silver spray to match rails. 14. Bottom 10 ft. of fabric will be 6 gauge K.K. 15. Top 10 ft. of fabric will be 9 gauge K.K. 16. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 17. Fabric will be hung on the inside of the field. 2. 26 FOOT BACKSTOP SPECIFICATIONS 1. Backstops will be 80ft. in length per field. 2. Backstops will be 26ft. in height per field. 3. 9 posts per backstop on 10ft. centers. 4. 4” O.D. schedule 40 galvanized posts in 24” diameter holes. 5. Posts will be set 60” deep in 3000psi. concrete. 6. See attachment ”B” for concrete grade detail. 7. 2 3/8” O.D. schedule 40 galvanized rails. 8. 7 rails per backstop. See attachment “E” for placement dimensions. 9. All posts will be capped. 10. Pressed steel fittings. 11. Rails must be coped and welded. 12. All welds must be continuous and of equal strength of pipe. BID 7630 Fencing Contract Annual Page 9 of 51 13. All welds must be cleaned and coated with grey galvanized spray and a silver spray to match rails. 14. Bottom 10 ft. of fabric will be 6 gauge K.K. 15. Top 16 ft. of fabric will be two 8 ft. sections of 9 gauge K.K. 16. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 17. Fabric will be hung on the inside of the field. 3. SECTION BETWEEN BACKSTOP AND DUGOUT SPECIFICATIONS: 1. FIRST BASE LINE; 40 ft. in length to beginning of dugout. 2. THIRD BASE LINE; 40 ft. in length to beginning of dugout 3. Section will be 10 ft. in height. 4. 2 3/8” O.D. schedule 40 galvanized line posts in 9” diameter holes. 5. 2 7/8” O.D. schedule 40 galvanized posts for corner in 9” diameter holes. 6. Posts will be set 36” deep in 3000 psi concrete on 10 ft. centers. 7. See attachment “B” for concrete grade detail. 8. 1 5/8” O.D. schedule 40 galvanized rails on top, middle, and bottom. 9. Bottom and middle rail must be coped and welded. 10. See attachment “ D “ for rail placement. 11. All welds must be continuous and of equal strength of pipe. 12. All welds must be cleaned and coated with silver galvanized spray. 13. Pressed steel fittings. 14. Fabric will be 6 gauge K.K. 15. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 16. Fabric will be hung on the inside of the field. 4. DUGOUT SPECIFICATIONS: 1. Dugouts will be 22 ft. in length with 4 ft. opening at end of dugout. 2. Dugouts will be 8 ft. in width 3. Field side of dugout section will be 8 ft. in height. 4. Sides and back of dugout will be 6 ft in height. 5. Dugout will have a 4 X 6 ft. gate. See detail “F” for details. 6. 2 3/8” O.D. schedule 40 galvanized line posts in 9” diameter holes. 7. 2 7/8” O.D. schedule 40 galvanized corner and gate opening posts in 9” diameter holes. Note: Gate opening post will be 8’ high so that wind screens can be attached. BID 7630 Fencing Contract Annual Page 10 of 51 8. Posts will be set 36” deep in 3000 psi concrete on 10 ft. centers. 9. See attachment “B” for concrete grade detail. 10. 1 5/8” O.D. schedule 40 galvanized rails on top and bottom. The field side of dugout will also have a middle rail. 11. Bottom and middle rails be coped and welded. 12. All welds must be continuous and of equal strength of pipe. 13. All welds must be cleaned and coated with silver galvanized spray. 14. Pressed steel fittings. 15. Fabric will be 6 gauge K.K. on the field side and 9 gauge K.K. on the other three sides. 16. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 17. Fabric will be hung on the outside of the dugout. 5. SIDELINE SPECIFICATIONS: FIRST AND THIRD BASELINE; 1. Fence will be 50 ft. in length. 2. Fabric will be 9 gauge K.K. with knuckles not extending above the rail. 3. Fence will be 5 ft. in height above existing grade. 4. 2 3/8” O.D. schedule 40 galvanized line posts in 9” diameter holes. 5. 2 7/8” O.D. schedule 40 galvanized corner posts in 9” diameter holes. 6. Posts will be set 36” deep in 3000 psi concrete on 10 ft. centers. 7. See detail “B” for concrete grade detail. 8. 1 5/8” O.D. schedule 40 galvanized top rail 9. Pressed steel fittings. 10. Fabric will be 9 gauge K.K. 11. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 12. Fabric will be hung on the inside of the field. 13. Fabric knuckles will not extend above rails. 14. The gap between the bottom of the fabric and the concrete mow strip will be no more than 1 1/2”. 15. 7 gauge coil spring wire will be stretched between posts at ground level. 16. Fabric will be secured to coil spring with 9 gauge hog rings. 6. OUTFIELD: 1. Fence will be 520 ft. in length. BID 7630 Fencing Contract Annual Page 11 of 51 2. Fence will be 8 ft. height. 3. 2 3/8” O.D. schedule 40 galvanized line posts in 9” diameter holes. 4. 2 7/8” O.D. schedule 40 galvanized corner posts in 9” diameter holes. 5. Posts will be set 36” deep in 3000 psi concrete on 10 ft. centers. 6. See attachment “B” for concrete grade detail. 7. 1 5/8” O.D. schedule 40 galvanized top rail. 8. New 4 ft wide by 8 ft high gate will be installed in center field with 2 7/8” O.D. corner post to hang gate from. 9. 2 7/8” O.D. posts will be used for end posts. 10. Pressed steel fittings. 11. Fabric will be 9 gauge K.K. 12. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps every 12”. 13. Fabric will be hung on the inside of the field. 14. 7 gauge coil spring wire will be stretched between posts at ground level and 4’above ground level. 15. Fabric will be secured to coil spring with 9 gauge hog rings. 7. GATES: 1. Fabric will be 9 gauge K.K. with knuckles not extending above the rail. 2. Rails will be 1 5/8” throughout. 3. All rails will be welded. 4. Paint all welds w/grey galvanized paint and silver spray to match rails. 5. Gates will be hung on 2 7/8” O.D. schedule 40 galvanized posts in 9” diameter holes. 6. Posts will be set 36” deep in 3000 psi concrete. 7. On 6 ft gates, use 3/8” truss rod w/tightener. 8. Latches will be fulcrum style latch as manufactured by DAC Industries or approved equal. BID 7630 Fencing Contract Annual Page 12 of 51 BID 7630 Fencing Contract Annual Page 13 of 51 BID 7630 Fencing Contract Annual Page 14 of 51 BID 7630 Fencing Contract Annual Page 15 of 51 BID 7630 Fencing Contract Annual Page 16 of 51 5. FABRIC ONLY SPECIFICATIONS: 10’ 6 gauge with top, middle and bottom rails 1. Section will be 10 ft. in height. 2. Fabric will be 6 gauge K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be stretched as tight as possible without distorted fence fabric. 10’ 9 gauge with top, middle and bottom rails 1. Section will be 10 ft. in height. 2. Fabric will be 9 gauge K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be stretched as tight as possible without distorted fence fabric. 8’ 6 gauge with top, middle and bottom rails 1. Section will be 8 ft. in height. 2. Fabric will be 9 gauge K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be stretched as tight as possible without distorted fence fabric. 8’ 9 gauge with top rail only 1. Fence will be 8 ft. in height above existing grade. 2. Fabric will be 9 gauge K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be hung on the inside of the field. 5. The gap between the bottom of the fabric and the concrete mow strip will be no more than 1 1/2”. 6. Two 7 gauge coil spring wire will be stretched between posts at ground level and 4’ above ground level. 7. Fabric will be secured to coil spring with 9 gauge hog rings. 8. Fabric will be stretched as tight as possible without distorted fence fabric. 6’ 9 gauge with top rail only 1. Fence will be 6 ft. in height above existing grade. 2. Fabric will be 9 gauge K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be hung on the inside of the field. BID 7630 Fencing Contract Annual Page 17 of 51 5. Fabric knuckles will not extend above rails. 6. The gap between the bottom of the fabric and the concrete mow strip will be no more than 1 1/2”. 7. 7 gauge coil spring wire will be stretched between posts at ground level. 8. Fabric will be secured to coil spring with 9 gauge hog rings. 9. Fabric will be stretched as tight as possible without distorted fence fabric. 5’ 9 gauge with top rail only 1. Fence will be 5 ft. in height above existing grade. 2. Fabric will be 9 gauge K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be hung on the inside of the field. 5. Fabric knuckles will not extend above rails. 6. The gap between the bottom of the fabric and the concrete mow strip will be no more than 1 1/2”. 7. 7 gauge coil spring wire will be stretched between posts at ground level. 8. Fabric will be secured to coil spring with 9 gauge hog rings. 9. Fabric will be stretched as tight as possible without distorted fence fabric. 10’ tennis vinyl coated 2” 9 gauge core with overall finish of 6 gauge with top and bottom rails 1. Section will be 10 ft. in height. 2. Fabric will be K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be stretched as tight as possible without distorted fence fabric. 10’ tennis vinyl coated 1 3/4” 9 gauge core with overall finish of 6 gauge with top and bottom rails 1. Section will be 10 ft. in height. 2. Fabric will be K.K. 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be stretched as tight as possible without distorted fence fabric. 10’ tennis vinyl coated 1 3/4” 9 gauge core with overall finish of 6 gauge with top and bottom rails 1. Section will be 10 ft. in height. 2. Fabric will be K.K. BID 7630 Fencing Contract Annual Page 18 of 51 3. Fabric will be attached to posts and rails with 12 1/2 gauge galvanized tie wraps twisted twice every 12”. 4. Fabric will be stretched as tight as possible without distorted fence fabric. BID 7630 Fencing Contract Annual Page 19 of 51 SPECIFICATIONS FOR FIELD FENCING 1. FIELD FENCE a. Posts will be 5” diameter and 8’ long. b. Posts will be set a minimum of 36” with aggregate base below bottom of post. c. Posts will be set in 12” holes with 3000 psi cement or direct pounded in. d. Posts will be set on 8’ centers e. Posts will be cedar or treated lumber approved by the city, i.e. ACQ. f. Fabric will be 48” high galvanized 2” X 4” twisted joint (not welded) non climb horse fence. g. Staples will be 1 ½” long #9 galvanized. h. Fabric will have a maximum gap of 3” from ground level. 2. BRACE SECTIONS a. Posts will be on 8’ center with a 4 ½” minimum diameter mortise, 1” W/2 – 20D spikes. b. There will be 2 diagonal crossing brace wires consisting of 2 strands each of #12 galvanized wire twisted tight, all wires ends will go around post, be stapled to post and wrapped around itself a minimum of 2 times. c. Maximum length of fence without corner section, end section or brace section will be 1,000 ft. BID 7630 Fencing Contract Annual Page 20 of 51 BID 7630 Fencing Contract Annual Page 21 of 51 BID 7630 Fencing Contract Annual Page 22 of 51 BID 7630 Fencing Contract Annual Page 23 of 51 SPECIFICATIONS FOR 6’ CEDAR FENCE CEDAR FENCE 1. Posts will be 4” X 4” x 8’ Stb cedar full cut. 2. Rails will be 2” x 4” x 8’ Stb cedar full cut. 3. Posts will be set a minimum of 24” with aggregate base below bottom of post. 4. Posts will be set in 10” holes with 3000 psi cement. 5. Posts will be set on 8’ centers 6. Pickets will be 1” x 4” x 6’ or 1” x 6” x 6’ #1 Premium Select (2 face) cedar. 7. Pickets will be attached with 6-d galvanized nails. 8. Rails will be attached with 16-d galvanized nails. 9. There will be three 2” x 6” cedar rails. 10. Fence will have a maximum gap of 3” from ground level. 11. Where fence is adjacent to sidewalks, fence will be set back 2 feet from the sidewalk. BID 7630 Fencing Contract Annual Page 24 of 51 BID 7630 Fencing Contract Annual Page 25 of 51 SPECIFICATIONS FOR SINGLE RAIL FENCE SINGLE RAIL FENCE 1. Posts will be 5” diameter 6’ long treated lumber approved by the city, i.e. ACQ with smooth rounded tops. 2. Posts will be set a minimum of 30” with aggragate base below bottom of post. 3. Posts will be set direct pounded in or set in 3000 psi concrete in 10” holes. 4. Posts will be set on 8’ centers 5. Rail will be 4” diameter 10’ long untreated lumber. 6. Rails will be attached with 5” lag screws, hot dipped galvanized or stainless steel. 7. The rails will extend 12” past the post. 8. The top of the top rail will be 3’-3” from ground level 9. The bottom of the bottom rail will be 2’-7” from ground level. BID 7630 Fencing Contract Annual Page 26 of 51 BID 7630 Fencing Contract Annual Page 27 of 51 SPECIFICATIONS FOR WESTERN 2-RAIL OR 3-RAIL FENCE WESTERN RAIL FENCE 1. Posts will be 6” diameter treated lumber approved by the city, i.e. ACQ with smooth rounded tops and 5’ long for 2-rail and 6 1/2’ long for 3-rail. 2. Posts will have 2 9/16” diameter round holes bored through post for the rails with the first hole 6” from the top and then 15” on center for remaining rails. 3. Tenon ends are 2 ½” diameter and 2 ½” long not including the 60 degree shoulder. 4. Posts will be set a minimum of 24” with aggragate base below bottom of post. 5. Posts will be set in holes 2 times the post diameter with 3000 psi cement. 6. Posts will be set on 8’ centers 7. Rails will be 4” diameter, round ends beveled. 8. There will be two or three rails. 9. Where fence is adjacent to sidewalks, fence will be set back 2 feet from the sidewalk. BID 7630 Fencing Contract Annual Page 28 of 51 BID 7630 Fencing Contract Annual Page 29 of 51 SPECIFICATIONS FOR PVC FENCE 1. PVC FENCE 1. PVC fence shall be Bufftech Post & Rail system or equivalent. 2. Posts will be 5” x 5” diameter white PVC with caps. 3. Posts will be set a minimum of 24” with aggragate base below bottom of post. 4. Posts will be set in holes 2X the diameter of the post with 3000 psi concrete and surface pitched so it will drain. 5. Posts will be set on 8’ centers 6. Rails will be 1 1/2” X 5 1/2” white ribbed PVC. 7. There will be 3 rails. 2. PVC FENCE WITH WIRE FABRIC 1. PVC fence shall be Bufftech Post & Rail system or equivalent. 2. Posts will be 5” x 5” diameter white PVC with caps. 3. Posts will be set a minimum of 24” with aggragate base below bottom of post. 4. Posts will be set in holes 2X the diameter of the post with 3000 psi concrete and surface pitched so it will drain. 5. Posts will be set on 8’ centers 6. Rails will be 1 1/2” X 5 1/2” white ribbed PVC. 7. There will be 3 rails. 8. There will be 2” X 4” welded wire fabric attached to the inside (lot) side of the fence. BID 7630 Fencing Contract Annual Page 30 of 51 BID 7630 Fencing Contract Annual Page 31 of 51 BID 7630 Fencing Contract Annual Page 32 of 51 SPECIFICATIONS FOR WIRE FENCE WIRE FENCE 1. Posts will be 7’ metal t-posts #133 with the top of post 54” from ground. 2. Posts will be set a minimum of 30” into undisturbed soil. 3. Posts will be set on 16’ centers. 4. There will be four strands of 12 ½ gauge twisted barbless cable with two galvanized metal stays placed equally between posts. 5. Top wire will be 48” from ground. 6. Bracing will be provided every 80 rods or 1,320 ft and at corners. BID 7630 Fencing Contract Annual Page 33 of 51 BID 7630 Fencing Contract Annual Page 34 of 51 SPECIFICATIONS FOR METAL STOCK GATES 1. LIGHT DUTY GATES a. Gates will be made of 1 5/8” diameter 18 gauge round steel. b. They will be six rail gates with a height of 50”. c. Posts will be set a minimum of 36” into undisturbed soil surrounded by 3” of 3000 psi concrete. d. Posts will be 8” diameter steel or 8” treated lumber approved by the city, i.e. ACQ. e. They will have zinc plated hinges, 5/8” x 12” zinc plated bolt hooks and chain latch. f. Gates are finished with powder coated paint. 2. HEAVY DUTY GATES a. Gates will be made of 2” diameter round steel with 16 gauge frame and 18 gauge filler tubes. b. They will be six rail gates with a height of 50”. c. Posts will be set a minimum of 36” into undisturbed soil surrounded by 3” of 3000 psi concrete. d. Posts will be 8” diameter steel or 8” treated lumber approved by the city, i.e. ACQ. e. They will have zinc plated hinges, 3/4” x 12” zinc plated bolt hooks and chain latch. f. Gates are finished with powder coated paint. BID 7630 Fencing Contract Annual Page 35 of 51 BID 7630 Fencing Contract Annual Page 36 of 51 SPECIFICATIONS FOR CANTILEVER GATE SYSTEMS CANTILEVER GATES 1. Gates will be made of galvanized steel, top and bottom rails will be 2 ¾” and the vertical and horizontal rails will be 2”. 2. The gate length will be 1 ½ X the span of the gate opening. 3. The width of the gate opening will be covered with 9 gauge galvanized chain link fence fabric. 4. Half the width of the gate opening will be just frame and no fence fabric. 5. 4” diameter posts will be set a minimum of 48” into undisturbed soil in 18” holes with 3000 psi concrete. 6. Gate rollers will be high density nylon rollers with sealed bearings, Guidance System Tru Trac Rollers or approved equal. OPERATOR 1. Operator shall be a Chamberland Model SL 595 “Slide”. 2. Operator shall have a 1 or 1.5 HP motor as specified. 3. It will include the necessary safety loops. 4. It will include one free exit loop. 5. Electric will be done by others. BID 7630 Fencing Contract Annual Page 37 of 51 BID 7630 Fencing Contract Annual Page 38 of 51 SPECIFICATIONS FOR SWINGING POWERED GATE SWINGING GATES a. Gates will be medium to heavy duty cattle or stock gates. b. The gate length will vary up to 14 feet per panel and weigh no more that 400 lbs. c. 4” diameter schedule 40 galvanized posts or ¼” walled 4” square tube, primed and painted, will be set a minimum of 48” into undisturbed soil in 18” holes with 3000 psi concrete. OPERATOR a. Operator shall be an Apollo Model 1550ETL Single Swing or Model 1650ETL Dual Swing Gate Operator b. It will include the necessary safety features c. It will include one free exit loop. d. If electric, electrical connections will be done by others. e. If battery powered, it shall have a solar panel and automatic sequencing charger system. Solar panel shall be installed outside of the vertical plane of the entrance, so as not to be damaged by high profile vehicles entering through the gate. f. If required, system shall use Multi-Code keyless entry pad, Multi-Code Model 1099 radio control, Grasslin FM/1 digi 42 electronic time switch, Fire Strobe Opticon system, and/or Access Control SOS II Public Safety Access system. BID 7630 Fencing Contract Annual Page 39 of 51 SERVICES AGREEMENT WORK ORDER TYPE 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of ( ) page(s) and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $ . The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without BID 7630 Fencing Contract Annual Page 40 of 51 invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 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 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 90 days prior to contract end. BID 7630 Fencing Contract Annual Page 41 of 51 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 is 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/Notices. 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 mailed 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 address: 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 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 9. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for BID 7630 Fencing Contract Annual Page 42 of 51 all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. 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 7630 Fencing Contract Annual Page 43 of 51 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. 13. 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. 14. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 15. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were BID 7630 Fencing Contract Annual Page 44 of 51 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. 16. 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. 17. 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. 18. 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 representative, successors and assigns of said parties. 19. 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 BID 7630 Fencing Contract Annual Page 45 of 51 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. 20. 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. 21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 22. 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 BID 7630 Fencing Contract Annual Page 46 of 51 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 not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not BID 7630 Fencing Contract Annual Page 47 of 51 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. 23. 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 one (1) page, attached hereto and incorporated herein by this reference. BID 7630 Fencing Contract Annual Page 48 of 51 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ Gerry S. Paul Director of Purchasing and Risk Management Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney By:____________________________________ _______________________________________ Print Name Title____________________________________ Date: _______________________________ BID 7630 Fencing Contract Annual Page 49 of 51 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ City of Fort Collins By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________ BID 7630 Fencing Contract Annual Page 50 of 51 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 7630 Fencing Contract Annual Page 51 of 51 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.