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HomeMy WebLinkAboutFAX QUOTE - 9162 WILDLIFE FRIENDLY WIRE FENCING PROJECTREQUEST FOR QUOTE 9162 WILDLIFE FRIENDLY WIRE FENCING PROJECT RFQ DUE: 3:00 PM MST (our clock), August 6, 2020 The City of Fort Collins is requesting quotes from qualified Vendors for the construction of wildlife friendly barbed/smooth wire cattle fencing at two separate Natural Areas in the City of Fort Collins. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. Questions should be submitted in writing via email, to Elliot Dale, Senior Buyer at edale@fcgov.com, no later than 5:00 PM MST (our clock) on July 29, 2020. Please format your e-mail to include: RFQ 9162 Wildlife Friendly Fencing Project in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFQ may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit quotes in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing RFQ 9162 Wildlife Friendly Wire Fencing Project Page 1 of 23 Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFQ 9162 Wildlife Friendly Wire Fencing Project Page 2 of 23 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins is requesting quotes from qualified Vendors for the construction of wildlife friendly barbed/smooth wire cattle fencing at two separate Natural Areas in the City of Fort Collins. Schedule The following represents the City’s target schedule for this project. The City reserves the right to amend the target schedule at any time. • RFQ issuance: July 22, 2020 • Question deadline: 5:00 PM MST on July 29, 2020 • Quotes Due: 3:00 MST (our clock) on August 6, 2020 • Completion Date: November 26, 2020 Site Visits Requests for site visits must be made no later than 7 days prior to the quote submittal deadline. See Scope of Work section for Site Visit contact information. Method of Award At the City’s sole option, The City reserves the right to award the bid to the low responsive and responsible bidder for each project location, or as a group. If the work is not completed and accepted by the City prior to the stated completion date, the City reserves the right to call in another fencing company and the awarded Vendor must pay to have it completed. Agreement The awarded Vendor will receive a Purchase Order from the City authorizing work under this Agreement. Vendor should not begin any Work prior to receipt of the Purchase Order. The awarded Vendor is also expected to sign the City’s standard Services Agreement, a sample of which is attached. Invoices & Payments Invoices for services should be emailed upon completion of the Work, or as otherwise specified in the Agreement, to invoices@fcgov.com. The cost of the work completed shall be paid to the Vendor on Net 30 terms following the submittal of a correct invoice by the Vendor indicating the Purchase Order number, project name, task description, and hours worked. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. Laws and Regulations The Vendor agrees to comply fully with all applicable State of Colorado and Federal laws and regulations and municipal ordinances. Insurance Vendor is responsible for providing the City with insurance as required in the attached Agreement. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 3 of 23 SCOPE OF WORK Coyote Ridge Fence Addition Project Overview The Coyote Ridge Fence Addition Project consists of construction of approximately 3,850 linear feet of wildlife friendly barbed/smooth wire cattle fencing. Terrain will be steep in areas and possibly wet and muddy conditions can exist. Final fencing layout and length will be agreed upon with the successful Vendor. Quotes/bids should include price per linear foot of fencing and individual prices for pipe gates, single and double H-braces to allow for flexibility in final fencing design and layout. See included site maps for additional information. Location: Coyote Ridge Natural Area. Address is approximately 2609 W Trilby Road, Fort Collins, CO 80526. Access to southern boundary of the project is also available off Taft Hill Road. Requests for site visits must be made no later than 7 days prior to the quote submittal deadline with Brandon Poole at bpoole@fcgov.com. Completion requirements: Must be completed no later than November 26, 2020. Work Hours: Work can be completed any day of the week between dawn and dusk. If the work is not completed on time and per the specifications described herein, the City reserves the right to obtain another fencing company and the awarded Vendor must pay to have it completed. Brannigan Springs Riparian Fence-out Project Overview The Brannigan Springs Riparian Fence-out Project consists of construction of approximately 3,500 + linear feet of wildlife friendly barbed/smooth wire cattle fencing. Terrain will be steep in areas and possibly wet and muddy conditions can exist. Final fencing layout and length will be agreed upon with the successful Vendor. Quotes/bids should include price per linear foot of fencing and individual prices for single and double H-braces, wire gates and pipe gates to allow for flexibility in final fencing design and layout. See included site maps for additional information. Location: Soapstone Prairie Natural Area. 22998 Rawhide Flats Road, Wellington, CO 80549 (Near Wyoming Border). Requests for site visits must be made no later than 7 days prior to the quote submittal deadline with Justin Fredrickson at jfredrickson@fcgov.com. Completion requirements: Must be completed no later than November 26, 2020. Work Hours: Work can be completed any day of the week between dawn and dusk. If the work is not completed on time and per the specifications described herein, the City reserves the right to obtain another fencing company and the awarded Vendor must pay to have it completed. Other Requirements for Coyote Ridge and Brannigan Springs projects: • Equipment and materials may be stored on site. • No camping is allowed on site. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 4 of 23 • No dogs are allowed on site. • No Smoking is allowed on site. • Cattle/livestock may be present during construction. • Recreational trail users will be on the trail system nearby during construction. • Vendor must meet insurance requirements and enter into a services agreement with the City of Fort Collins. Fencing Specifications: Specifications for the fence are taken, in part, from the Natural Resources Conservation Service Specification Guide for Fence (Code 382) and Fencing with Wildlife in Mind (Colorado Division of Parks and Wildlife). In some cases, the specifications for this fence differ from those in the NRCS and/or CPW document. When that occurs, use the specifications contained within the City of Fort Collins bid. • General Fence Design: 4-strand wire fence shall be the minimum. Line posts shall alternate 1 wood to 4 metal. The top and bottom wire shall be smooth, and the middle two wires shall be barbed. • Wire Spacing: Top wire should be set at 42 inches above ground. There should be at least 12 inches spacing between the top two wires, with the second wire at 30 inches above ground. The third wire should be set at 24 inches above ground. The bottom wire shall be set at 18 inches above ground. Materials: Fencing materials must be new with a life expectancy of 15 years. • Linejacks/Deadman Anchors: Linejacks or other suitable type of anchoring shall be used if proper depth of post installation is not achievable. In drainage ways or draws, a weight or deadman anchor should be fastened to the fence to maintain the required spacing interval. Additional wires may be needed for these short distances between anchors. Use the anchor or deadman where the bottom of the drainage or draw is more than 20 inches below the bottom wire. • Wire: Smooth wire shall be 12 ½ gauge smooth 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. • 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 posts with either two turns of 14 gauge galvanized wire or the post manufacturer’s appropriate wire clip. • Line Posts: Materials must be new with a life expectancy of 15 years. Wood line posts shall have a minimum top of post diameter of 4 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 RFQ 9162 Wildlife Friendly Wire Fencing Project Page 5 of 23 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 post must weigh at least 1.33 lbs/foot. Post shall be a minimum of 5.5 feet long and set into the ground a minimum of 1.5 to 2 feet or to the top of the anchor plate. • H-Brace: All brace post assemblies shall have a minimum of two (2) posts in line to provide a suitable anchor for the fence. They shall be spaced at a maximum of 1,320 feet or at corners and points of abrupt changes. An abrupt change can be a change of 15 degrees or more in vertical topography or where the alignment of the fence varies more than 12 inches from planned fence line between corners or brace posts. Reasonable deviations shall be permitted where rocky ground or steep slopes exist. All H-Brace assemblies will consist of vertical posts a minimum of 7 feet in length and set approximately 3 feet in the ground. Post length and set depth may be adjusted with city approval if line posts are to be set in concrete. Wood - A minimum of 5 inch top of post diameter (inside of bark) of treated timber or durable wood listed above for upright post. A 6 inch top of post diameter (inside of bark) can be used for the outside upright post. The horizontal post shall be a minimum of 3.5 inches in diameter or a 4x4 inch timber. A second option is a steel cross post a minimum of 2 inches in diameter (ID). The minimum length shall be 6 feet and shall not exceed 10 feet and mounted 12 inches below the top of the end post or a minimum distance above the ground being 2/3’s of top wire height. • Corner and End/Gate Post: Wood - (Pressure treated or durable wood) shall have minimum top diameter of 5 inches, 7 feet in length, and be set firmly 3 feet in the ground. Cross post will have a minimum 3.5 inch top of post diameter. H-braces supporting a pipe gate must be set in concrete. 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. Using Concrete to set the posts is preferred but not required. Wire clips or fasteners must be galvanized and similar to strength of fence wire. • Wire Gates: Each gate will be 12 feet in width and consist of 4 strands of wire with the same wire spacing as specified above. Exact location and number of gates will be RFQ 9162 Wildlife Friendly Wire Fencing Project Page 6 of 23 determined prior to and during fence construction. The bid must include the cost per gate. • Pipe Gates: Each gate opening will be constructed to allow for a minimum 12 feet opening once gate is installed. Gate should be 12 feet wide, 50 inches tall, 16 gauge construction, and factory painted (not galvanized). Exact location and number of gates will be determined prior to and during fence construction. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 7 of 23 W TRILBY RD Contracted (InstallationEast Fence Wire 1880' Fence West Fence 1970') . 0 250 500 Feet RFQ 9162 Wildlife Friendly Wire Fencing Project Page 8 of 23 [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ [ !( !( 3,500 Linear Feet Esri, GeoEye, HERE, Earthstar Garmin, Geographics, © OpenStreetMap CNES/Airbus contributors, DS, USDA, Esri, HERE, USGS, Garmin, AeroGRID, © OpenStreetMap IGN, and the GIS contributors, User Community and the GIS user community, Source: Esri, DigitalGlobe, Brannigan Springs Riparian Fence Out ¯Miles 0 0.04 0.08 0.12 0.16 !( Stock Tank Proposed fence RFQ 9162 Wildlife Friendly Wire Fencing Project Page 9 of 23 CITY OF FORT COLLINS QUOTE SUBMITTAL INSTRUCTIONS The following items must be provided in the quote submittal package: 1) Completed Quote Submittal Form, consisting of two (2) pages, including: • Coyote Ridge Unit Pricing Schedule • Brannigan Springs Unit Pricing Schedule • Signature Acknowledgement Block 2) An overview of your company, a list of essential equipment that will be used, and a description of the means and methods for completing services. Failure to submit any of the above may result in your quote being considered non- responsive. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 10 of 23 9162 WILDLIFE FRIENDLY WIRE FENCING PROJECT QUOTE SUBMITTAL FORM QUOTES DUE: August 6, 2020 at 3:00 p.m. (our clock) WE HEREBY ENTER OUR QUOTE FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR Wildlife Friendly Wire Fencing Project PER THE REQUEST FOR QUOTE AND ANY REFERENCED SPECIFICATIONS: ***All quantities as stated are approximate and subject to change based on unforeseen conditions and/or fencing design or layout alterations. All changes shall be at the City’s sole option and must be approved by The Natural Areas Project Manager. 1) Coyote Ridge – Standard Wildlife Friendly Cattle Fence Contractor to furnish and install 2 strand smooth and 2 strand barb wire fencing per specifications for a complete project. Individual items include installation. Quantities below are estimates. A B C D Fencing Items Approximate Quantity Unit Price Total Fencing 3,850 linear feet $ /ln. ft. $ H-Brace 10 braces $ /ea $ Double H-Brace 10 braces $ /ea $ Wire Gate 0 gates $ /ea $ ---------------- Pipe Gate 0 gates $ /ea $ ---------------- Total Sum of Column D: $ RFQ 9162 Wildlife Friendly Wire Fencing Project Page 11 of 23 2) Brannigan Springs - Standard Wildlife Friendly Cattle Fence Contractor to furnish and install 2 strand smooth and 2 strand barb wire fencing per specifications for a complete project. Individual items include installation. Quantities below are estimates. A B C D Fencing Items Approximate Quantity Unit Price Total Fencing 3,500 linear feet $ /ln. ft. $ H-Brace 10 braces $ /ea $ Double H-Brace 10 braces $ /ea $ Wire Gate 1 gate $ /ea $ Pipe Gate 2 gates $ /ea $ Total Sum of Column D: $ GRAND TOTAL (SUM OF BOTH PROJECTS): $______________________________ IN WORDS: ___________________________________________________________ (Sum of Coyote Ridge and Brannigan Springs Projects) AWARD OF THE CONTRACT IS BASED ON THE LOW RESPONSIVE AND RESPONSIBLE BIDDER FOR EITHER PROJECT, OR THE CUMULATIVE TOTAL OF BOTH FENCING PROJECTS, AT THE CITY’S SOLE OPTION. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFQ 9162 Wildlife Friendly Wire Fencing Project Page 12 of 23 Official Purchasing Document Last updated 10/2017 ATTACHMENT A SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) 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. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting of ( ) page(s), and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 13 of 23 Official Purchasing Document Last updated 10/2017 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: 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 date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page(s), and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. 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. 11. Personal Services. It is understood that the City enters into the Agreement based on the RFQ 9162 Wildlife Friendly Wire Fencing Project Page 14 of 23 Official Purchasing Document Last updated 10/2017 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. 12. 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. 13. 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 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. 14. 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. 15. 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. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 15 of 23 Official Purchasing Document Last updated 10/2017 16. 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. 17. 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 , 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 Purchasing Director, 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. 18. 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. 19. 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. 20. 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 RFQ 9162 Wildlife Friendly Wire Fencing Project Page 16 of 23 Official Purchasing Document Last updated 10/2017 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 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. 21. Dust Control. The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www.fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual RFQ 9162 Wildlife Friendly Wire Fencing Project Page 17 of 23 Official Purchasing Document Last updated 10/2017 for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 22. Haul Routes. All trucks used for work contracted by the City utilizing asphalt from the asphalt plant located at 1800 North Taft Hill Road may only enter North Taft Hill Road from the North using CR 54 G and only exit the site on North Taft Hill Road to the North to CR 54G. 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. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 18 of 23 Official Purchasing Document Last updated 10/2017 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFQ 9162 Wildlife Friendly Wire Fencing Project Page 19 of 23 Official Purchasing Document Last updated 10/2017 EXHIBIT A SCOPE OF SERVICES RFQ 9162 Wildlife Friendly Wire Fencing Project Page 20 of 23 Official Purchasing Document Last updated 10/2017 EXHIBIT (BID SCHEDULE/COMPENSATION) RFQ 9162 Wildlife Friendly Wire Fencing Project Page 21 of 23 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 22 of 23 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFQ 9162 Wildlife Friendly Wire Fencing Project Page 23 of 23