HomeMy WebLinkAbout134046 STORMY PEAKS CONSTRUCTION - CONTRACT - BID - 5721 FENCING AT UNION PACIFIC TRAIL (2)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 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
1
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 SHOWN 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
Park Planning & Development Division Page 2 of 2
Location Map
Drake
0
0
�
m
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.
EXHIBIT C
BID PROPOSAL
BID #5721
FENCING AT UNION PACIFIC TRAIL
BID OPENING: JULY 15 2002 3.00p m (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS'
REQUIREMENTS FOR FENCING AT UNION PACIFIC TRAIL PER THE BID INVITATION
AND ANY REFERENCED SPECIFICATIONS AND DRAWINGS:
The City of Fort Collins' requesting bids for a contractor to furnish and install 5300 L.F of
open space fence with attached field fabric for a complete project. Fencing must be
completed within 30 days or as approved by the Project Manager. Contractor must enter
into the attached Service Agreement and name the City of Fort Collins as an additional
insured per Exhibit "B".
Technical questions should be referred to Craig Foreman, Project Manager at 970-221-
6618.
Purchasing questions should be referred to John Stephen, CPPB, Senior Buyer at 970-
221-6775.
BID SCHEDULE (BASE BID)
BID Drake - Horsetooth
ITEM # DESCRIPTION
1 Open Space Fence with Fabric
2 Fence Bracing Segment
TOTAL OF BASE BID
ESTIMATED UNIT ITEM
QUANTITY UNIT PRICE TOTAL
5300 LF $ �%� $ � —
7 LS $ _�r-00 P' $ ` C;) O ,
FIRM NAME:51-nlvo Il �Pu%s e/, /,
(Are you a corporation, DBPartnership, LLC, or PC)
TELEPHONE FAX
pk
ignature Printed
W. CERTIFICATE OF INSURANCE
Name & Address To Whom Issued:
CITY OF FT COLLINS
281 N. COLLEGE AVE
FT. COLLINS, CO 80524
SHELTER MUTUAL INSURANCE COMPANY
A MUTUAL COMPANY
SHELTER GENERAL INSURANCE COMPANY
A STOCK COMPANY
Name & Address of the Insured:
STORMY PEAKS CONSTRUCTION
246 STORMYPEAKS DR
BELL VUE, CO 80512
...y .O. u.aurmrcc Pultcics as mutcateu below by
policy number have been Issued.
Policy
Expiration
Company
Type of Insurance
Number
Date
Limits of Liability
General Liability:
5-31-3629194-1
12-5-02
$1,000,000 Per Occurrence
® Premises & Operations
$1,000,000 Aggregate *
Products/Completed Operations For: (Describe)
Shelter
❑ Products/Completed
Mutual
Operations Provided?
❑ Yes ®No
* The Limits of Liability for any indicated General Liability
policy are the limits at the time the policy is issued. The
aggregate limit is, and other limits may be, reduced by the
amount of claim payments.
Shelter
Single Limit
General
Garage Liability
BI Per Person
BI Per Accident PD Per Accident
Shelter
Automobile
S-I-C 3619194-2
12-15-02
$1,000,000 Single Limit
Mutual
® All Owned or Leased
BI Per Person
® Shelter
Autos
❑ Scheduled Autos
BI Per Accident PD Per Accident
General
❑ Hired Autos
❑ Non Owned Autos
Shelter
Apartment Owner's/
Per Occurrence
Mutual
Rental Dwelling
Shelter
Business
Per Occurrence
Mutual
Shelter
Cargo - Scheduled
Per Vehicle
Mutual
Autofrrailers
❑ Shelter
Mutual
❑ Shelter
General
Year Model
01
84
VEHICLE(S)
Trade Name
FORD fF450)
INTERNATIONAL
This Certificate of Insurance neither affrmratively nor negatively amends, alters
Date
Vt002
M-51.24-M
1817 WEST BROADWAY • COLUMBIA, MISSOURI
Motor Serial No (Last 5 Digits)
19903
40608
• (573)445-8441
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
I
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. Warran .
(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 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
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
4
ATTEST:
CORPORATE SECRETARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Jame B. O'Neill II, CPPO, FNIGP
Directbr,6f Purchasing and Risk Management
Date:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
(Corporate Seal)
SA 10/01
EXHIBIT A
floudre River Power
Authority, Power Line
New Fence
Tracks—�
25' minim
LookjinQ North
Fence lay -out to be staked by the City.
Contractor responsible for utility
locates and verification,
CITY OF FORT COLLINS
Fence Line Location Detail Park Planning and Development
Standard
Drawing
4' to 5' Dia./Scivare
FENCE TYPICAL
Norse Fabric: Uneven field fabric, high tensile,
4V high, galvanized, twisted joints (not welded) Min.
Staples: 1 1/2' long, No. e Ga.
Posts to be set In concrate
3' Min around poste
All lumber to be ceder or treated wood with product
approved by the City i.e. AGQ.
4' to 5' Dia./ISquare Rail
V i,.---
2 strands •e Ga. Ga Iv. Wire,
Twisted tight. All wire ends
shall goaround post, be
stapled to the post, and
wrap around Itself a min.
of 2 times.
4 1/2' Min. Dia,
Mortise
I" w/2-20d Spikes
(� BRACE TYPICAL
es
1
_
3' Min. concrete around posts J
END SECTION (2), BRACE SECTION (5)
'1 i n.
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 Development
Standard
Drawing
y q ',., s',� t� , r
E�,. .
. .. -.i;
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 famish 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 & Development Division Page 1 of 1
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 maybe 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/z inch shall be installed directly below
City of Fort Collins Section 02830 — Fences and Gates
Park Planning & Development Division Page 1 of 2