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Home My WebLink AboutVOGEL - CONTRACT - BID - 5473 MISCELLANEOUS CONCRETE PROGRAM ANNUAL (2)C] 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 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 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 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 fhe general scope of the particular services assigned and the Service Provider agrees to perform such changed services WOSA 7/98 ITEM`; 'NO� DEBCRIP,TIDNf I'^� "(r y'. PRICE" , ,� UNIT EST)MATED:.�,Z0�7AL, ".QUANTITY E3T[ILIATED`, AMOUNT. 608 07 Dnveover Curb and Gutter Drive Approach No Sidewalk �; )� LF 100 G ��CC 608 08 Vertical Curb, Gutter and 4" Sidewalk / % Pi LF 500 JCL' 608 09 Vertical Curb, Gutter and 6" Sidewalk LF 100 /C C' 608 10 Vertical Curd and Gutter- No Sidewalk �,� °.% LF 1,200 Ic�CO �- 608 11 Vertical Curb, Gutter and Drive Approach 2� � " LF 200 fi08 12 Vertical Curb, Gutter and Drive Approach No Sidewalk pJ LF 100 c� 6 13 12" Reinforced Vertical Curb LF 100 u 606 14 Hollywood Curb, Gutter and 4" Sidewalk 3 ��- LF g00 I CSC / CSC' 608 15 Hollywood Curb, Gutter and 6" Sidewalk �y 6� LF 300�:- 608 16 Hollywood Curo, Gutter and No Sidewalk 3 �`' LF I 100 608 17 Hollywood Curb, Gutter and Drive Approach j5 4 LF 200 �' 60818 Hollywood Curb and Gutter Drive Approach No Sidewalk LF 1e0 /Yocl , 608 19 Highoack Curb and Gutter C LF 500�- 608 20 Pedestrian Access Ramp, Driveover Cum LF 250 608 21 I Pedestrian Access Ramp, Vertical Curb a LF I 250 1 SC % 60822 Pedestrian Access Ramp, Hollywood Curb -�� LF 250 To 60823 Pedestrian Access Ramp, Highback Curb .c/ j / SF 500 1 � �42, 5c Cam' 60824 4" Flatwork SF 6,000 CC' 60825 6" Flatwcrk SF 2,500 75—C r 60826 Replace Flatwork 1" Additional Depth a y15 SF 500 , 60827 8" Concrete Pavement SF 2000 60828 Concrete StaminglSeahng SF 250 dC 60329 Valley Pan - 6" Depth S Ste- SF 500 Cr_' 60830 5" Trail with Fibermesh SF 6,000 60831 5' Trail with Fibermesh - Colored (Yosemite Brown) �- "yG SF 1 000 1 3 7 Gr' 608 32 12" Mow Strip-4" Depth LF 1,000 60833 18" Splashblock-4" Depth ,ts" G� LF 500 a �' 608 34 8" Non-relnidreed Concrete Wall c� C� SFF 1,000 g Coo 60835 16" Non -reinforced Footer- 8" Depth I °�% LF ' 3C0 70501 Backer Rod/Sealant LF 200 111 61401 "NO PARKING" Sign With Stand 5,� Per Day Per Each 500 610 02 Vertical Panel Without Light r Per Day Per Each 50 61403 Type I Barricade Without Light I gqC? a' Per Day Per Each 1,000 ., - " I c�L 61404 Type II Barricade Without Light ICI Per Day Per Each 20 C� 61405 Type III Barricade Without Light /7r'G'C' Per Day Per Eachi 20 �`- ��' k; 0TPAGE 2" TNEpa-M"' d�+,T"*r`�.1tr `. .1,".7hv�l•" E„rS'`ryC:, R"iI`,�`�Pd1,.' �',„�,:^. R "`^_l iIPI�.,�i:Pg_' , Ui NIT ESTIMATED'!,e"iyl-;�'s LE, ,lyD,ai,,' n9eI„' ;;t;f :,rw,qa, ,°�-zsdp�'4,°#�W, .�%'��,E1?O�:`,'IN" +'-', ;;��ry;!+ ;a,�nt,��',ilinY�. H_",,r,�a.Pio- ,7'I+Cii'Ett,i� Y:;-- �:„.,.''gtl� Tim; Tl1, x,T.;xdr' aUDi4'q Vk1�s<'i'' , ,,^�_ .'n1t'- 111„ 61406 Size A Sign With Stand / Per Day Per Each 300 61407 Size B Sign With Stand , 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'i—ai Each 2 /S 614 10 Cone With Reflective Strip -3 Per Day Per Each I 500 { 614 11 Safety Fence Per Day Per Roll 25 1 5--� 61412 Light - Steady Burn 'j �" Per Day Per Each 25 .S 61413 Light - Flashing S O Per Day Per Each 400 j Cy fr ®c ce Waming Flashing - or Seauencing Arrow i Cc 61414 panel 75 Per Unit Per Day 5 614 15 Traffic Control Supervisor �� cl Per Day 100 '5 C 614 16 Traffic Control Supervisor 'Ci Per Hour 100 OD C'& 61417 Flaegmg �;7 � Per Hour 200 fee Ov •O"'7'n� ', •r:, .�,I:.„ ��,. 1 ;',e '�' ..T a�,1 ;r,',,'. rilY i"�Ci fit;'{ A2stv'il�l"..1'Y1n1.'u,'"G r. _ '^i `a�TOTAU5PAGEX' `r ��"iF, i , i4�ix,i"r"y,. °Cy "fi -,Mz iP""� r11 V $i r''d,.`TOSAL"'PAGE2"yr''AM 4 i '2��, r %J,"�,GC� .i't. 7•_,,�'^2, rt,'=ram$ ;'��= .Wa„1'Y�al 'm. z`ZTOTAL'CCISSo-t;,ioS,:r`°,`'',:°,t: "�♦_-0u�.t 9 M L^ir1i.,S".MI Y. 5.?Zr . •6- >'t!("4J1nn 114vi Yi4 -r 1''._ �Ir _ SI M �N"`�'r"U�'kAilmf, "1„�., �.,/♦��l//,f/%rii��y Dollars, and Cents (Company) _eZr,'/YY'��{'. L(- _ Check ne Individual Doing Business in Company Name T�7 Corporation Partnership �rlrirccc ! 7 / �t '5//.G ✓✓JY'i. r" r� .j!' 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 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 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 Delav 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) WOSA 7/98 2 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 7/98 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 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 WOSA 7/98 4 R 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 3 M. 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/Sever bilit 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 Pr visions 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 munici al corpo anon By Ci ilk John F�rbach City Manager Date �/!a/w WOSA 7/98 6 MR F11) ATTEST CORPORATE SECRET Y WOSA 7/98 B Jame B Q'Neill II, CPPO Director{ Purchasing and Risk Management Date Vogel Concrete Inc PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date (Corporate Sea!) a EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED Order Number, )ase Order Number ct Title mencement Date _ oletion Date Ma�imum Fee (time and reimbursable direct costs) Description of Services Acceptance User Se ice Provider agrees to perform the services identified above and on the attached forms m acc rdance with the terms and conditions contained herein and in the Services Agreement bet een the parties In the event of a conflict between or ambiguity in the terms of the Services Agr ement and this work order (including the attached forms) the Services Agreement shall control Ser ice Provider By Dat The attached forms consisting of ` (_) pages are hereby accepted and incorporated herein by this refe ence, and Notice to Proceed is hereby given City By Fort Collins 7/98 EXHIBIT B ("' SECTION 00330 BID SCHEDULE City of Fort Collins Miscellaneous Concrete Program ITE " ^DESCRIPTIONi} ,,hnd, __,,,"�,' _ ;,".n':i," `=1Y`'.z:"�� 'ai ,5s _ "'S�..'ir` _,�`''Ph'€F?'}+';�`-;-,yi.,, 'PRICE; .UNIT ',f s `,�' •:ir{. rvtW,,. 'In . ESTIMATED, QU'ANTITYw E.'�'i,trv`7. .i„ "TOTAL !"rESTfMATED 'gym AMOUNT_ 202 01 Remove Concrete/Asphalt SF 8,000 7 4, 20202 Remove and Haul Fillets ��t-C�' EA 10 �n 20203 Sawcut Concrete/Asphalt 0" - 4" "6, LF 250 20204 Sawcut Concrete/Asphalt 4" - 6" a 'y LF 50o 6r- eel 202 05 rSawcut ConcretezAsphalt 6" - IT LF 500 C C, 20206 Sawcut Concrete/Asphalt 8" -10" C y LF 250 o' 20301 Excavation (/ CY 300 i 20302 Excavation - Walls Only CY 150 I 203 03 Emoankment (Borrow CL-5 or CL-6, Complete In Place) -2 4 TON 100 q� UGC` 21000 Rese[ Flagstone SF 250 rl, �'e i 21210 Sod SF 500 C C'c eryPawning Tmpoa TON 10� 0dC3U1 40302 Aschalt Patching - 6" Depth 64 �, TON 150 40303 Asphalt Patching - 10' Depth c�� TON 150 —(Y�J 60401 Reconstruct Inlet Deck f>� S�C� EA 5 60402 Inlet Deck - Aaditional Foot Opening �'� 77 LF 15 rn 60403 Curb Inlet - 4' Coenmg jC,�o cG EA 10 60404 Area Inlet /�JL c EA 5 60405 Type R Inlet - 5' Opening lt�fY' t� EA 5 C 9, Cf 60406 Type R Inler - Additional Foot Opening LF 5 f� G' 60407 Bw/ ouXb Inlet Frame and Grate wl Adjustable Curb 3yn ®� E4 5 604081 Concrete Sidewalk Culvert /J EA 10 nc'° C<Ci 604091 1 Metal Sidewalk Culvert - ?' Opening, Plate/dn C� EA 5 60410 Metal Sidewalk Culvert -2' Opening, %" Plate C`E i�� EA 5 1 604 117Aoditional Square Foot, 5/a" Plate 5% SF 5 604 12 Additional Square Foot, '/:" Plate 3'l� of gp g 60801 Apron %�� SF 1,000 60802 Crosspan .7/ ai SF 1,0001 6o8 03 Driveover Curb, Gutter & 4" Sidewalk J '�� LF 1,5001 l 5Y r 608 041 Driveover Curb Gutter & 6" Sidewalk S LF 1,SOOI 608 05 Driveover Curb and Gutter - No Sidewalk /j LF 200 608061 Driveover Curb, Gutter and Drive Approach ��, i LF 250 t,•�'i u'i--�TO�R'ALaP,A"G E�111 'wJ1�rl,r'r, ai'K4ts^"t,..t`n'`t`.``n':`'^�t�ystl�' ',_'. v ,' 'a�"R;';,nwLL;Tr "tilt i it; �j,'''`�- "n'�Ur,, 'tP,`"'",,•