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HomeMy WebLinkAbout113752 BT CONSTRUCTION - CONTRACT - BID - 5266 BORING HORIZONTALSERVICES 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 B T Construction Inc , 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 Horizontal Boring 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 one (1) page, 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 workorder shall exceed $50,000 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 b The City may, at any time during the term of a particular Work Order and without 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 WOSA 10/97 IONS (Continued from and Great Western Railroad -are included as Additional Insureds as respects the General Liability and Automobile Liability Policies. This insurance is Primary. Per Project Aggregate Endorsement and Cross Liability included on the General Liability Policy Cancellation Clause or Materially Altered is amended to read 30 days notice, except 10 days notice for non-payment of premium. Insured: BT Construction - Cert Holder City of Forst Collins 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 This Agreement shall commence upon signing, and shall continue in full force and effect until May 1, 1999, 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 four (4) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end 5 Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without 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 6 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 WOSA 10/97 2 1_37 ;y City City of Ft Collins, Purchasing 256 W Mountain Ave Ft Collins, CO 80521 Service Provider B T Construction Inc 11605 Wadsworth Blvd Broomfield, CO 80020 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 7 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 No Work Order of $50,000 or more shall be issued 8 Payments a The City agrees to pay and the Service Provider agrees to accept as full payment for 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 "B", consisting of one (1) page, and incorporated herein by this reference b 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 9 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 WOSA 10/97 3 E3 L] 10 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 11 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 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 under the Agreement or of any cause of action arising out of the 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 WOSA 10/97 4 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 often (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 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 representative, 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 "C", consisting of one (1) page, WOSA 10/97 5 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, 256 West Mountain Avenue, Fort Collins, Colorado 80521 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 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 CITY OF FORT COLLINS, COLORADO a municipal corporation �Ll/ By q a'w ZX �Jc in F Fischbach City Manager By /3 Ja es O'Neill II, CPPO Dir c r of Purcin and Risk Management Date i h7131z,7 B T Construction, Inc ATTEST By PRINT N�,ME CORPORATE SECRETARY CORPORATE PRESIDENT OR VICE PRESIDENT Date (Corporate Seal) WOSA 10/97 6 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLONS AND DATED Work Order Number Purchase Order Number Protect Title Commencement Date Completion Date Maximum Fee (time and reimbursable direct costs) Protect Description Scope of Services Acceptance _ User Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties In the event of a conflict between or ambiguity in the terms of the Services Agreement and this work order (including the attached forms) the Services Agreement shall control Service Provider By Date WOSA 10/97 The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein by this reference, and Notice to Proceed is hereby given City of Fort Collins go James B O'Neill II, CPPO Director of Purchasing & Risk Management Date EXHIBIT B BID SCHEDULE Contractor must include all mobilization, labor, materials, equipment, profit and overnead for each bore, Bore # 1 Light ano Power Utility a) Location Trilby Road and Railroad Tracks (see attached drawing) b) Size 18 inch steel and 80 feet long c) This bore must be completed by April 15, 1998 $ 280.00 / linear foot X 80 feet = $ 22400.00 Total bid for Bore #1 Bore # 2 Light and Power Utility a) Location Sherwood and Railroad Tracks (see attached drawing) b) Size 12 incn steel and 60 feet long $ 275.00 / linear foot X 60 feet = $ 16500.00 Total bid for Bore #2 Bore # 3 Water Utility a) Location Mason and Oak Streets (see attached drawings) b) Size 14 inch steel and 70 feet long $ 265.00 / linear foot X 70 feet = $ 18550.00 Total bid for Bore #3 TOTAL BID FOR ALL BORES F 111 SI N 57450.00 Broomfield, CO 80020 Fax (303) 466-8309 2 DATE (MM/DD/YY) 1:A nn. CERTIFICAJW OF INSURANCE 09/26/97 IS ISSUED AS A MATTER OF INFORMATIONHRH PR AND CONFERS NO RIGHTS UPON THE CERTIFICATE Of Denver ER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 455 Sherman Street, Su1te 390 THE COVERAGE AFFORDED BY THE POLICIES BELOW FICERTIFICATE P.0 BOX 9364 COMPANIES AFFORDING COVERAGEDenver, CO 80209 Yravelers Insurance Company ,- _-___INSURED Y BT Construction, Inc BHartford Insurance Group 11605 Wadsworth Blvd. Broomfield, CO 80020 COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY_PAID CLAIMS _ CO POLICY EFFECTIVE (POLICY EXPIRATI ON LIMITS LTR_TYPE OF INSURANCE PO4CY NUMBER DATE(MM/DD/YY)DATE(MM/DD/YY) • GENERALLIABILITY DTHC0332X2006 10/03/97 10/03/98 GENERAL AGGREGATE s2,000,000 PRODUCTS COMP/OP AGG�I$, 000, 000 X�COMMERCIAL BELIABILITY PERSONALBADV INJURY $l, OOO, OOO_ -'-1 CL AIM S M ADE�OCCUR� OWNER'S & CONTRACTOR SPACT EACH OCCURRENCE _$1, OOO, OOO FIRE DAMAGE (Any one fuel$ 1O0 L000 M ED EXP(Any one person) is 5 000 A AUTOMOBILE LIABILITY DTJ810332X2006 110/03/97 10/03/98 cOMBINEDSINGLE LIMIT $1,000,000 X 1 ANY AUTO ---------- — -- ALLOWNEDAUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS XHIREDAUTOS BODILY INJURY $ (Per aoc laenl) X NON-OWNEDAUTOS ---- — ------- -- I___ — PROPERTY DAMAGE $ GARAGE LIABILITY (AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONL_V_ ANYAUTO EACH ACCIDE NT $___ AGGREGATE $ A EXCESSLIABIUTY DTSMJCUP332X2006 10/03/97 10/03/98 EAcHoccuRRENcE__ __s4, 000, 000 _ AGGREGATE X UMBRELLAFORM s4, 000, 000- _ $ OTHER THAN UMBRELLA FORM B WORKERS COMPENSATION AND 34WBQT0079 10/01/97 10/01/98 X SACTATUTORYLMITS E4CH CIDENT EMPLOYERS' LIABILITY $ 100, 000 THEPROPRIETOR/ DISEASE -POLICY LIMIT -_ $SO�OOO $10O 000 IINCL PARTNERSIEXECUTIVE DISEASE-EACHEMPLOYEE OFFICERS ARE EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Drake Road and County Road 9 waterline - Phase II City of Fort Collins, Rocky Mountain Consultants, Inc. their consultants (See Attached Schedule ) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Collins EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 256 West Mountain Avenue 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fort Collins, CO 80521 BUT FAILURE TO MAIL�CH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UP n E COMP.eA1NY ITS G.ENTS OR REPRESENTATIVES AUTHOgIZEO REPRES y e s I ACORD 25-S(3193)1 oft #M47033 SMS © ACORD CORPORATION 1993