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HomeMy WebLinkAbout134046 STORMY PEAKS CONSTRUCTION - CONTRACT - BID - 5721 FENCING AT UNION PACIFIC TRAILSERVICES 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 Phil Wolf, DBA, Stormy Peaks Construction, hereinafter referred to as "Service Provider". W ITNESSETH: 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 to furnish and install 5300 LF of open space fence with fabric including fence bracing segments and per specifications attached hereto as Exhibit "A", consisting of six (6) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than 30 days after Notice to Proceed or as approved by the Project Manager. 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. 3. 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. 4. 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. SA 10/01 the point of crossing. The rod shall be driven vertically until the top is six inches below the ground surface. A number six solid copper conductor or equivalent shall be used to connect each metal fence element to the grounding rod. The connections shall be either brazed or fastened with non -corrosive clamps approved by the Engineer. B. When a power line is within 500 feet and runs parallel or nearly parallel to the fence, the fence shall be grounded at each end, at gateposts, and at intervals not to exceed 1,500 feet. PART 3: EXECUTION 3.01 Installation A. General: Construct fence to line and grades indicated. Construct fence in accordance with manufacturer's instructions and as specified. Stake post locations for review by Engineer before proceeding. Construct fence in a craftsman -like manner with skilled people experienced with this type of fence. Do not begin installation and erection of fence before final grading is completed, unless permitted by the Engineer. CONTRACTOR IS RESPONSIBLE FOR LOCATING AND FIELD VERIFYING UTILITIES. B. Tree, brush, and other obstacles along the fence line that interfere with the fence shall be removed. Continuous grubbing or grading along the fence line shall not be done. Where possible, the fence shall be erected on natural ground. The clearing width shall be to the extent needed to install the fence. Disposal of clearing debris shall be off site at the contractor's expense. C. Where breaks in a run of fencing are required, or at intersections with existing fences, post spacing shall be adjusted to meet requirements for the type of closure. D. The bottom of the fence fabric shall generally follow the contour of the ground. Grading shall be performed where necessary to provide a neat appearance. Where abrupt changes in the ground profile make it impractical to maintain the specified ground clearance, longer posts may be used and multiple strands of wire stretched thereon. At grade depressions, where stresses tend to pull posts from the ground, bracing shall be installed as SIIOWN ON THE DRAWINGS. E. Wire splicing shall be as SHOWN ON THE DRAWINGS. F. All posts shall be repaired in accordance with approved procedures after cutting or drilling. G. Excavation: Excavate for concrete to dimensions indicated. Clear excavations of loose material. Dispose waste material on site as directed by the Engineer. H. Fence post setting: Set posts plumb and aligned in concrete footings. Settle concrete to eliminate voids, and slope to drain to adjacent grade. Allow concrete to cure a minimum of 72 hours before proceeding with work affecting the posts. All posts shall be set vertical and to the grade and alignment as SHOWN ON THE DRAWINGS. Top of posts shall not be cut unless approved by the Engineer. All field cuts, holes, etc. shall be treated with preservative matching existing treatment. I. Fabric: Pull fabric taut and secure to fence posts. END OF SECTION City of Fort Collins Section 02830 - Fences and Gates Location Map Drake ------------------ E Horsetooth EXHIBIT B 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 officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Stormy Peaks Construction 246 Stormy Peaks Dr. Bellvue, CO 80512 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. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of twenty three thousand, nine hundred, twenty six Dollars ($23,926) and per the Cost Breakdown attached as Exhibit "C". 6. 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. 7. 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. 8. 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 SA 10/01 consent of the City. 9. 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. 10. 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. 11. 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. 12. 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 SA 10/01 of the default. 13. 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. 14. 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 B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. 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. 16. 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. SA 10/01 ATTEST: CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By: CJ f — L Jam s B O'Neill II, CPPO, FNIGP Dire t11,6f Purchasing and Risk Management Date: y 2— Phil Wolf Doin6-�L44ss as �torm Peaks Construction PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT (Corporate Seal) SA 10/01 EXHIBIT A Pouolre River Power Authority, Power Line New Fence tra cks--7 25' minim Looking North Fence lay -out to be staked by the City. Contractor responsible for ut i I i ty locates and verification. CITY OF FORT COLLINS Fence Line Location Detail Park Planning and Development Standard 4" to 5" Dia./Square FENCE TYPICAL Horse Fabric: Uneven field fabric, high tensile, 48" high, galvanized, twisted joints (not welded) 3, Min. Staples: 1 1/2" long, No. 9 Ga. Poets to be set In concrete I -- 3- Mln around poste All lumber to be cedar or treated wood with product approved by the City i.e. ACQ. 4 1/2" Min. Dia, Mortise 4" to 5" Dia./Square Rail / I" w/2-20d Spikes 2 strands O5 Ga. Ga lv. Wire, Twisted tlght. All wire ends shall go around post, be stapled to the post, and wrap around itsalr a min. or 2 times. BRACE TYPICALJ"l I - 3" Min. concrete around posts END SECTION (2), BRACE SECTION (5) Maximum length of Fence without a corner section, end section, gate section or brace section shall be 1,000 ft. CITY OF FORT COLLINS OPEN SPACE/TRAIL FENCE Park Planning and Developm Standard SECTION 01800 -DEFINITION OF BID ITEMS The following items describe the scope of work for this contract and are further clarified through limit -of -work lines, notes on the drawings and specifications. The work described in each Bid Item may contain work from one or several technical specifications sections. The contractor shall refer to the technical specifications that apply to the individual components. Bid Item 1 — Open Space Fence with Fabric The Contractor shall furnish all labor, materials, and equipment to install open space fencing with horse fabric according to drawing and specifications. Bid includes lumber, fabric, grounding, concrete, minor earthwork and cleanup. Bid Item 2 — Fence Bracing Section The Contractor shall furnish all labor, materials, and equipment to install bracing for open space fencing according to drawings and specifications. Bid includes lumber, fabric, concrete, minor earthwork, wire and cleanup. END OF SECTION END OF DIVISION 1 City of Fort Collins Section 01800 - Definition of Bid Items Park Planning & Develooment Division ,,--- , i' A, n .r � . 'id SECTION 02830 — FENCES AND GATES PART 1-GENERAL 1.01 Scope A. Furnish all labor, materials and equipment, and perform all operations required for the proper installation of fences and gates, including all concrete, earthwork, hardware, and other accessories as SHOWN ON THE DRAWINGS or specified in this section. Work includes cleanup of the site. 1.02 Shop Drawings A. Submit shop drawings showing gate details. Obtain approval of Engineer before fabrication or installation. 1.03 Submittals A. Submit manufacturer's product data for materials described in this section. PART 2: MATERIALS 2.01 Fence Fabric and Hardware A. Fabric and hardware shall be as SHOWN ON THE DRAWINGS, 2.02 Posts A. Wood shall be of sound, seasoned wood, peeled and with ends cut as shown on the drawings. The posts and rails shall be straight and all knots trimmed flush with the surface. B. All dimensional timber and lumber required for fences and gates shall be sound, straight, and reasonably free from knots, splits, and shakes. C. All wood members are to be cedar; or treated wood mill ACQ, or with a product approved by the City. CCA treated wood is no longer allowed by the City of Fort Collins. D. The requirements for peeling and treating may be omitted for red cedar posts and rails 2.03 Concrete A. Minimum depth for posts as indicated on drawings. Cylindrical holes. Excavate for the full depth of post, diameter as indicated. Concrete shall have a minimum 28-day compressive strength of 3,000 psi. B. Aggregate shall conform to Standard Specification for Concrete Aggregate, ASTM C33-85. Any admixture, except air entraining agent, accelerators and retardants must be approved by the Engineer. C. Cement used shall conform to Standard Specifications for Portland Cement, ASTM C 150-85, AASHTO M 85, Type I, II or Type I/II. D. Air -entraining agents shall conform to ASTM C 260-77 2.04 Fences near Electric Lines A. At each location where an electric line crosses a fence containing metal, grounding of the fencing shall be accomplished in accordance with the following: A galvanized or copper -coated steel grounding rod eight feet long with a minimum diameter of inch shall be installed directly below City of Fort Collins Section 02830 — Fences and Gates