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Home My WebLink AboutVOGEL - CONTRACT - BID - 5473 MISCELLANEOUS CONCRETE PROGRAM ANNUALSERVICES 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 Vogel Concrete, 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 Miscellaneous Concrete Program 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 tirrie 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 WOSA 7/98 ITEM" 7 , DESCRIPTION, _ - ,PRICE ; � UNIT " ESTIMAT,ED;, 1 ,LTOiTAL " _ NO `QUANTITY �'_ ��' ESTIMATED`, 608 07 DrNeover Curb and Gutter Drive Approach e- LF 100 Cam` No Sidewalk 60808 Vertical Curb, Gutter and 4" Sidewalk C, 0S LF 500 i 60809 Vertical Curb, Gutter and 6" Sidewalk/ LF 100 60810 Vertical Curb and Gutter - No Sidewalk A5 LF 1,200 608 11 Vertical Curb, Gutter and Drive Approach � L' LF 200 �C, 608 12 Vertical Curb, Gutter and Drive Approach c^C' LF 100 , C� No Sidewalk %� 608 13 12" Reinforced Vertical Curb /y �`_`.� LF 100 L C_C 608 14 Hollywood Curb, Gutter and 4" Sidewalk / 3 cT LF 900 U� i lC' 608 15 Hollywood Curb, Gutter and 6" Sidewalk _ LF 300Cn 6U 608 16 Hollywood Curb, Gutter and No Sidewalk 3 �`. LF 100 608 17 Hollywood Curb, Gutter and Drive Approach /5 LF 200 j 608 18 Hollywood Curb and Gutter Drive Approach LF 100 No Sidewalk /3 60819 f ;ighback Curb and Gutter LF 500 /Gi GC 6, C"," 608 20 Pedestrian Access Ramp, Dnveover Curb �E `_= LF 250 6.1 lCC- 608 21 Pedestrian Access Ramp, Vertical Curb s .,2y e�' _ LF 250 C,_ 60822 Pedestrian Access Ramp, Hollywood Curb LF 250 608 23 Pedestrian Access Ramp, Highback Curb .y j% SF 500 CCU 60824 4" Flatwork SF 6,000 60B 25 6" Flatwork ,-3 mot— SF 2,500 60826 Replace Flatwork 1"Additional Depth n �, SF 500 �yC' 60827 8" Concrete Pavement SF 2000 C��C'' C", 60823 Concrete Staining/Sealing SF 250 60829 Volley Pan - 6" Depth S S_i-- SF 500 J�LS Pam' 60830 5" Trail with Fibermesh 'S— SF 6,000 60831 5" Trail with Fibermesh - Colored (Yosemite Brown) �� '?�'� SF 1,000 60832 12" Mow Strip -4" Depth LF 1,000 60833 18" Splashblock-4" Depth LF 500 �' ,j 7 60834 8" Non -reinforced Concrete Wall G/' C �/ I SFF I 1,000 GCS 60835 16" Non -reinforced Footer - 8" Depth °'% LF 300 2 -C 70501 Backer Rod/Sealant LF 200 ,n c.C' 61401 "NO PARKING" Sign With Stand / Yam' Per Day Per Each 500 &" e'.' 61402 Vertical Panel Without Light (J Per Day Per Each 50 61403 Type I Barricade Without Light g/, Per Day Per Each 1,000 s� � 61404 Type II Barricade Without Light f f�,J Per Day Per Each 20 614 OS Type III Barricade Without Light /cr,^ Per Day Per Each 20 �� oy.. . {�rTOTAL PAGE•2 -,_ �, „1. ,�- ,,,. • i 19 ITEM .,�,j, a�ESCFT , • PRICE . UNIT^ ��• , ESTIMATED - ' •TOTALg'�NO.,,' •,-��,`' !� , 4UAN*T , EST! ATE�1,61406 •/,i . Sze A Sign With Stand Per Day Per Each 300- 61407 Size B Sign With Stand / SG Per Day Per Each 20 61408 Size A Specialty Sign - Cost of Manufacturing 7,5`°�- Each 2��- 614 09 Size B Specialty Sign - Cost of Manufacturing 7,�� Each 2 C'c� 614 10 Cone With ReFlecuve Strip L i� Per Day Per Each 500 5--Cc' 61411 Safety Fence F'er Day Per Roll 25 614 12 Light - Steady Burn v $T Per Day Per Each 25 �23 G 61413 Light - Flashing g 69 Per Day Per Each 400 61414 panel ce Warning Flashing - or Sequencing Arrow �'� Per Unit Per Day 5 c' 614 15 Traffic Control Supervisor �s" Per Day 100 614 16 Traffic Control Supervisor Per Per Hour 100 61417 Flagging �%i Per Hour 200 yL�O Gv r. . .TOTALPAGE1, •,r�,•,t • ,• � • �,i� ••,'I � t'i�^ ��,; %,J`"y��,'G^L? dTOTALPAGE21 �. ',,,TOTAL COST ,;; ,ail - _ 7- - •" %igGO,^�"%,J.'i,`l i� Dollars, and (Signed) LI .�� i (Company) I�rrC9C>L LCFn,`r'YY'�:r� _ l Check One Individual Doing Business In Compami Name t7 Corporation Partnership S Phone/FAX �� y ,3 �•�C �y r �lT %y� 1 EXHIBIT C YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Sec ion 1 Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below "Year 2000 Compliant" shall mean that information resources meet the following criteria a Data structures (e g , databases, data files) provide 4-digit date century recognition For example, "1996" provides date century recognition, "96 does not b Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates c Calculations and programs logic accommodate both same century and multi - century formulas and date values Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values d Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system e User interfaces (i e , screens, reports, etc ) accurately show 4 digit years f Year 2000 is correctly treated as a leap year within all calculation and calendar logic Section 2 Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement Section 3 Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement Section 4 The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant W06A 7198 EXHIBIT D INSURANCE REQUIREMENTS 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 offu.ers, 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 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 Workers' Compensation insurance with statutory limits as required by Colorado law 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 Lability 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 WOSA 7)98 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 ano 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 May 1, 2000, and shall continue in full force and effect until April 30, 2001, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be extended foi additional one year periods not to exceed four (4) additional one year periods Pncing 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 Terminations 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) WOSA 7/98 2 I 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 City Service Provider City of Fort Collins, Purchasing Division Vogel Concrete Inc 256 W Mountain Ave 1313 Blue Spruce Dr Ft Collins, CO 80521 Ft Collins, CO 80524 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 three (3) pages, 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 WOSA 7198 3 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 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 Piovider 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 WOSP, 7/98 (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 4 ET 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 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 WOSA 7/98 5 El 11 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 "D", 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, 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 20 Special Provisions Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference CITY OF FORT COLLINS, COLORADO a muni i I Corp ation Byh `' - 4��, John f'ibach City Man ger Date -31101 oo WOSA 7/98 6 "—i6, "-46 WOSA 7/98 B� Jame B 'Neill II, CPPO Direct r Purchasing and Risk Management i Date S Vogel Concrete IncBy - r PRINT NAME: CORPORATE PRESIDENT OR VICE PRESIDENT Date (Corporate Seal) Hi 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) 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 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 By — Date WOSA 7/98 EXHIBIT B SECTION 00330 BID SCHEDULE City of Fort Collins Miscellaneous Concrete Program ITEMS NO DESCRIPTION`-, y 2 . . '„",'AMOUNT .� PRICE i , UNIT ESTIMATED:„' :QUANTITY, ,: TOTAL ESTIMATED 20201 Remove Concrete/Asphalt ' 5- SF 8,000C1 20202 Remove and Haul Fillets 7�t-GU_ EA 10 20203 Sawcut Concrete/Asphalt 0" - 4" 7°- LF 250 20204 Sawcut Concrete/Asphalt 4" - 6" `y LF 500 20205 Sawcut Concrete/Asphalt 6*'- 8" ,3 �%�- LF 500 20206 Sawcut Concrete/Asphalt S" - 10" y �� LF 250 203 01 Excavation CY 30C 20302 Excavation - Walls Only �C' %`� CY 150 203 03 Embankment (Borrow CL-5 or CL-6, Complete In Place) 4 1? TON 100 ACC' 21000 Reset Flagstone SF 250 [>U 21210 Sod p7 Cr- SF 500 Of'c 40301 Temporary Patching �.=- TON 100 A03 02 Asphalt Patching - 6" Depth TON 150 1 Q ` 40303 Asphalt Patching - 10" Depth c_ TON 150 �/ r 60401 Reconstruct Inlet Deck y �Cc EA 5 60402 Inlet Deck -Additional Foot Opening , ,� '=`- LF 15 <5-Z, 60403 Curt Inlet -4'Opening E4 10 �j-Ct Gc' 60404 Area Inlet C/ij�. "-� EA 5 60405 Type R inlet-5' Opening /�L`[7 % EA 5 60406 Type RInlet -Addi4onalFoot Opening ,?C•�°� LF 5 60407 Curb Inlet w/Frame and Grate w/ Adjustable Curb Box r" c7c` E4 5 av 7 C 60408 Concrete Sdewalk Culvert 4r4 EA EA 10 60409 Metal Sidewalk Culvert - 2' Opening, e"e" Plate EA 5 60410 Metal Sidewalk Culvert - 2' Opening, MY, Plate /G'� c� C EA 5 <i .��•i� `` 604 11 Additional Square Foot, s/e" Plate i SF 5 604 12 Additional Square Foot, W" Plate d obi SF 5 60801 Apron 1,000 60802 Crosspan y °! SF 1,000 608 03 Dnveover Curb, Gutter & 4" Sidewalk / '�-`= + LF 1,500 -25 60804 Dnveover Curb, Gutter & 6" Sidewalk �t/J J� LF 1,500 2 7 76C r� 60805 Dnveover Curb and Gutter - No Sidewalk �� g�' LF 200 6OC' OLI 06 Dnveover Curb, Gutter and Drive Approach �C^ ;%- LF 250 ,TOTAL PAGE 1'r,