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HomeMy WebLinkAbout124503 D E A CONSTRUCTION - CONTRACT - BID - 5738 LEMAY AVENUE POTHOLINGSERVICES 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 D.E.A. Construction Company, 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of nine (9) 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 upon execution of this Agreement. Services shall be completed no later than November 8, 2002. 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 SA 10/01 14 Flow fill and temporary 4" asphalt patch — The holes used to locate the utilities within asphalt sections shall be flow filled and then capped with a 4" temporary asphalt plug. All other holes shall be flow filled to existing grade. Subsection 403.05 is revised to include the following: Payment will be made under: Pavement Flow fill and 4" asphalt patch on this project is the responsibility of the Contractor and included in the lump sum potholing cost. REVISION OF SECTION 630 TRAFFIC CONTROL DEVICES Section 630 of the Standard Specifications is hereby revised as follows: Subsection 630.01 shall be revised as follows: This work shall consist of furnishing, installing, moving, maintaining and removing temporary traffic signs, advance warning arrows panels, barricades, channeling devices, and delineators as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD), the City of Fort Collins' "Work Area Traffic Control Handbook", June 1989 with Revisions dated May 29, 1991, and the City of Fort Collins' "Design Criteria and Standards for Streets, Subsection 1.4, "Barricades, Warning Signs, Signal Lights", July, 1986. This work includes use of the above devices to channelize or direct traffic away from the work zone, but does not include work zone protection. It is the Contractor's responsibility to protect his work zone and to protect Pedestrians and Bicyclists from potential hazards arising from his work until such time as the work has been completed and can be opened to traffic. Traffic Control Devices shall be measured and paid for under this section based upon a lump sum pay item. In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. Traffic control devices shall be placed and/or stored in the City right-of-way in such a manner that minimizes the hazards to pedestrians, bicyclists and vehicles. Proper placement and storage of traffic control devices will be subject to the Engineer's discretion. Traffic control devices shall be removed from the site immediately upon completion of the Work, but not before the concrete has cured sufficiently to allow vehicular traffic to use it. Subsection 630.02 shall include the following: All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall be maintained in that manner on a daily basis. All traffic control devices shall be clearly marked and free of crossed out information or any other form of defacement that detracts from the purpose for which they are intended (i.e. crossed out information, information written in long -hand style, etc.) Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use to avoid confusion to motorists traveling in the opposite direction and other potentially affected parties, such as residents affected by any information the sign may present. Subsection 630.05, the second paragraph shall include the following: The reflective material shall be AP1000 Polyester (Reflexite Corporation), 3M Type III or Transparent (Reflexite Corporation). Vinyl material is not acceptable unless its brightness is equivalent to or greater than the types named as approved by the Engineer. Subsection 630.08 shall be revised as follows: Traffic control on this project is the responsibility of the Contractor and included in the lump sum potholing cost. For this project, a Traffic Control Plan shall be prepared. The Traffic Control Plan shall be submitted for approval to the Traffic Division by 12:00 noon, two working days prior to the commencement of work. (Note: Traffic Control Plans for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall not be allowed. No phase of the construction shall start until the Traffic Control Plan has been approved. The Traffic Control Plan shall include, as a minimum, the following: (1) A detailed diagram which shows the location of all sign placements, including advance construction signs (if not previously approved), fines doubled for speeding signs and speed limit signs; method, length and time duration for lane closures, and location of flag persons. (2) A tabulation of all traffic control devices shown on the detailed diagram including, but not limited to: construction signs; vertical panel; vertical panel with light; Type I, Type II, and Type III barricades; cones; drum channeling devices; advance warning flashing or sequencing arrow panel. Certain traffic control devices may be used for more than one operation or phase. However, all devices required for any particular phase must be detailed and tabulated for each phase. (3) Number of flaggers to be used. (4) Parking Restrictions to be in affect. M Approval of the proposed method of handling traffic is intended to indicate minimum devices needed to control traffic. Such approval does not relieve the Contractor of liability specifically assigned to him under this contract. Failure to have an approved Traffic Control Plan, including the Parking Restriction information listed above shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Subsection 630.09 shall be revised as follows: Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS). The TCS(s) shall possess a valid Driver's License, a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor. (Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City representative, for each TCS utilized on this project.) One TCS shall be designated as the Lead TCS. The Lead TCS shall have a minimum of one-year experience as a certified TCS. The Lead TCS shall be on site at all times during the construction. Qualifications shall be submitted to the Engineer for approval a minimum of one week prior to commencement of the work. The Lead TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the work. The Lead TCS cellular phone number will be made available to the Engineer, Inspector, and the General Contractor It is the intent of the specifications that the Lead TCS be the same person throughout the project. If the Lead TCS is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and qualifications shall be submitted for approval of the Lead TCS replacement. TCS shall be included in the lump sum pay The TCS's duties shall include, but not be limited to: (1) Preparing, revising and submitting Traffic Control Plans as required. (2) Direct supervision of project flaggers. (3) Coordinating all traffic control related operations, including those of the Subcontractors, City Streets Department, and suppliers. (4) Coordinating project activities with appropriate police and fire control agencies, Transfort, school districts and other affected agencies and parties prior to construction. (5) Maintaining a project traffic control diary which shall become part of the City's project records. (6) Inspecting traffic control devices on every calendar day for the duration of the project. (7) Insuring that traffic control devices are functioning as required. (8) Overseeing all requirements covered by the plans and specifications, which contribute to the convenience, safety and orderly movement of traffic. (9) Flagging. (10) Setting up and maintaining traffic control devices (11) Attending weekly progress meetings as requested by the Engineer and/or Contractor. All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor. The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway construction, available at all times. Subsection 630.13 shall be revised as follows: Traffic control on this project is the responsibility of the Contractor and included in the lump sum potholing cost. The Contractor shall supply and pay all costs associated with the traffic control for this project. Flaggers and all incidental equipment will not be measured and paid for separately, but shall be included in the Work. The flaggers shall be provided with electronic communication devices when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices shall not be paid for separately but shall be considered subsidiary to the item and shall be included in the Work. Sandbags will not be measured and paid for separately, but shall be included in the Work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD, if approved; however, no additional payment will be made for the larger signs. The City shall not be responsible for any losses or damage due to theft or vandalism SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS NOTE: Cross street traffic shall be maintained at all times unless authorized by the Engineer in writing. NOTE: Full closures on arterials and collectors, including those listed above, will be allowed under extreme circumstances and only upon approval by the Engineer and City Traffic Division. Plans shall be approved a minimum of one week prior to the commencement of work and/or the time required to adequately notify the public through the media. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: Full closures on all residential streets shall be allowed as shown on the traffic control plans oniv if approved by the City Traffic Division. NOTE: Full closures on arterials and collectors, including those listed above, will be allowed under extreme circumstances and only upon approval by the Engineer and City Traffic Division. Plans shall be approved a minimum of one week prior to the commencement of work and/or the time required to adequately notify the public through the media. SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS NOTE: Full closures on all residential streets shall be allowed as shown on the traffic control plans only if approved by the City Traffic Division. 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: 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. SA 10/01 1.9 EXHIBIT C BID SCHEDULE Spec/Item Number Description Contract Quantity Unit Lemay Avenue Utility Survey Project 203-01 utility Survey 1 LUMP sum 12,400. Additional unit prices for potential extra work 203-01a Pothole in asphalt roadway (including traffic control, flow fill and asphaltpatch) 1 EA 347.50 203-01b Pothole in asphalt sidewalk (including pedestrian control, flow fill and asphaltpatch) 1 EA 97.50 203-01c(including Open ground pothole flow fill 1 EA 89.50 Lump Sum In Words Firm Name D.E.A. CONSTRUCTION COMPANY (Are you a corporation, DBA, Partnership, LLC, PC) Signature J PRINTED NAME ,`) % X e.cjl e Title VPOSP-ISP Address 1611 Lincoln Avenue Fort Collins Phone/Fax PH: 416-9220 CO 80624 FX: 416-9142 C:566-5151 n FROM : DER CONSTRUCTION FAX NO. 9704169142 FRCH, .,.E.p. - T,:n o UTn'. rr. Nov. 04 2002 11:06AM P2 AGiQB4_ CERTIFICATE OF LIABILITY INSURANCE lrozaR T CERTIFICATEI JEO AS Lynne milllasuMCa AgeOCy. Iec. ON;Y AND CONFERS NO RRGITTa irmactanmi 11 ayua.re HOLDER. 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Rs APYRq Etl the parties. 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: D.E.A. Construction Company 1611 Lincoln Ave. Ft. Collins, CO 80524 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 Twelve Thousand Four Hundred Dollars ($12,400.00) [Option Cost Breakdown is attached 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 SA 10/01 15 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written 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 SA 10/01 16 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. 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. SA 10/01 17 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. CITY OF FORT COLLINS, COLORADO a municipal corporation B . (NL._. Ja es . O'Neill II, CPPO, FNIGP Dire of Purchasing and Risk Management Date: D. E. A. Construction Company W CORPORATE PRESIDENT OR VICE PRESIDENT Date: Z2, �CT7C3Li� 7GG2 ATT : (Corporate Seal) - CORP� TESECRETARY SA 10/01 iF3 EXHIBIT A NOTICES TO PRIVATE OWNERS AND AUTHORITIES The following items shall be coordinated between the Contractor and the Owners Field Representative. A. Notify private owners of adjacent properties, utilities, irrigation canals, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior to excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items, which would affect their daily operation. E. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. UTILITIES One Call 1-800-922-1987 Traffic Control Syl Mireles 970-221-6815 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations and procurement after review of tentative schedule by parties attending the pre - construction conference. This schedule will show how the contractor intends to meet the milestones set forth. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual progress. B. Submit two copies of each schedule to Owner for review. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. 1 1.3 CONTENT A. Construction Progress Schedule. 1. Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. B. Equipment, Materials and Submittals schedule. Show delivery status of critical and major items of equipment and materials. 1.5 OWNER'S RESPONSIBILITY Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting the Contractor in coordinating the Work with the needs of the Project. B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods, techniques, sequences and procedures of construction as provided in the General Conditions. SECTION 01510 TEMPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. B. Owner will furnish water in reasonable amounts for execution of the work at existing fire hydrants without charge to Contractor. The Contractor shall coordinate and schedule with the Owners' Field Representative for the Water Department to select the appropriate fire hydrant and set the hydrant meter. C. Make arrangements with Owner as to the amount of water required and time when water will be needed. 1. Owner will fix the place, time, rate and duration of each withdrawal from the distribution system. 2. Unnecessary waste of water will not be tolerated. D. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1. Only Owner shall operate existing valves and hydrants. 1.2 SANITARY FACILITIES A. Contractor shall furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. rA B. Contractor shall properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Contractor to enforce the use of such sanitary facilities by all personnel at the site. D. Place facilities out of public view using the greatest practical extent. SECTION 01580 TRAFFIC REGULATION 1.1 TRAFFIC CONTROL A. The traffic control for this project shall be the responsibility of the Contractor. Traffic control is defined as those devices necessary to channelize vehicular and pedestrian traffic through the project. B. The Contractor and/or Traffic Control Contractor must submit traffic control plans and coordinate all traffic control with the City's Traffic Control Coordinator. The traffic control plans must be submitted and approved 72 hours prior to starting construction and before making each modification. C. Conformance: City of Fort Collins Work Area Traffic Control Handbook, Manual of Uniform Traffic Control Devices (U.S. Dept. of Transportation), or applicable statutory requirements of authority having jurisdiction. D. The traffic access/control plan limitations for handling traffic for this project are described below. Work hours under traffic — (9:00 AM to 2:30 PM, Traffic opened by 3:00 PM) Lemay Avenue: Minimum of one lane in the North and South bound direction. Lemay Avenue and Trilby Road: Restricted turn movements from either road. Local Business Access: Local Access must be maintaimed at all times — can be closed for short periods of time Local Street Access: Local street access must be maintained at all times - can be closed for short periods of time. E. Vehicle, bike and pedestrian access to all side streets and private drives shall be maintained at all times. The Contractor will develop an access control plan in coordination with adjacent property owners, and submit it in conjunction with the traffic control plan to the Engineer for approval prior to the start of any Work. Pedestrian traffic shall be maintained at all times, utilizing temporary sidewalks when necessary. F. The Contractor must work with the adjacent residents to provide and maintain sufficient access for them during the duration of the project. It will be the Contractors responsibility to coordinate and communicate with the residents during construction. G. The Contractor must maintain, at their cost, access to all businesses during their business hours. It will be the Contractors responsibility to coordinate and communicate with the businesses during construction. H. The Contractor shall keep traffic areas free of excavated material, construction equipment, pipe, and other materials and equipment. I. The Contractor shall keep fire hydrants and utility control valves free from obstruction and available for use at all times. J. The Contractor shall provide and maintain, at their cost, temporary driveway approaches on driveways open to traffic at all times to insure that the approaches are smooth, compacted, and will not prohibit or inhibit the use of the driveway. The driveway approaches must be maintained seven days a week. In the case of bad weather the Contractor must repair the driveways immediately following the storm and must work to maintain access during the storm. 1.2 WORK AREA SAFETY A. The Contractor shall maintain a safe work area and protect area residents, motorists, bicyclists, pedestrians, and children from work area hazards. B. The Contractor shall provide all work area safety control devices, such as barricades and safety fence around all excavations and drop-offs. C. Work area safety control devices will not be paid for separately. Cost for this equipment should be included in the lump sum cost for the work items which will require work area safety control devices. SECTION 01720 PROJECT RECORD DOCUMENTS 1.1 GENERAL A. Maintain at the site one record copy of: Recorded field measurements. REVISION OF SECTION 403 HOT BITUMINOUS PAVEMENT Section 403 of the Standard Specifications is hereby revised as follows: Subsection 403.01 is revised to include the following: