Loading...
HomeMy WebLinkAbout272067 WLH CONSTRUCTION - CONTRACT - BID - 5715 MINOR BRIDGE REPAIRSERVICES 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 WLH Construction Company, 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 attached hereto as Exhibit "A", consisting of three (3) page, 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 receipt of Notice to Proceed. Services shall be completed no later than thirty (30) calendar days after Notice to Proceed is issued. 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. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: SA 10/01 1 EXHIBIT C Construction Company 6686 S Lafayette St, Centennial, Co. 80121 PHONE 303-347-8655 Fax 720-489-3900 QUOTATION To. Mark -Anderson City of Fort Collins 215 North Mason Street, 2°d floor P 0 liox $80 Fort Collins, Co W522-0580 Phone-970-221-6605 fax: 970-221-6707 PROJECT: Minor Bridge Repair BID DATE: 6/24/02 Items: Revised bid item list Item descri tion Unit Unit cost Est Item cost 202 Pavement removal SY 11.00 120 1320 206 Struct excavation CY 18.00 145 2610 304 base course Cy 32.00 130 4160 509 Anchor Plates EA 135.00 50 6750 - 601 Core drill concrete LF 110.00 50 5500 602 Reber dowells EA 60.00 100 6_000 619 Past tensioned bars EA 596.00 _ 2$ _ 14900 626 Mobilization EA 5000.00 1 5000 TOE 46,240 �.ui W wuuuuum WurK. 1Fwe must wart for pavmg then We will charge an additional mobilization. Also, all three bridges may be worked on at the same time. This price is based on using plates made with 6x3. tubing. If solid plates must be used add S 6,520.50 to the plate price. Exclusions: Bond Terms net 30 days, Bond if required at 1.4% Permits not included. Quotation is valid for 30 days. Warren Harrison WLH Construction Company Accepted date City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Service Provider: WLH Construction Company 6686 S. Lafayette St. Centennial, CO 80121 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 Forty-six Thousand Two Hundred Forty Dollars ($46,240.00), the Cost Breakdown is 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 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 SA 10/01 2 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 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 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, SA 10/01 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 17. Special Provisions. Drawings relating to the services to be performed pursuant to this Agreement are deemed Contract Documents and are incorporated herein by this reference and identified as the following: Minor Bridge Repair General Notes, Overland Trail Bridge Repair Details, Prospect Road Bridge Repair Details, Drake Road Bridge Repair Details. CITY OF FORT COLLINS, COLORADO a municipal corporation i" JoIWF. Fischbach ty Manager By: 9 Jame B O'Neill 11, CPPO, FNIGP Direc o of Purchasing and Risk Management Date: -7AD Z_ A TEST: Z City Clerk APPROAD A�A FORM: Assistant City Attorney ATTEST: gYv---- CORPORATE SECRETARY WLH Construction Company By PRINT NAME l�lor-s CORPORATE PRESIDENT OR VICE PRESIDENT Date: 7- t-e-oz (Corporate Seal) SA 10101 EXHIBIT A Project Special Provisions The following specifications from the 1999 CDOT Standard Specifications for Road and Bridge Construction apply to the City of Fort Collins Minor Bridge Repair project. • Section 202 - Removal of Structures and Obstructions (Pavement Removal) • Section 206 — Excavation and Backfill for Structures (Structure Excavation), including the scarifying of the excavation bottom to a depth of 6 inches and compacting with moisture and density control. The excavation bottom shall be compacted to a density of not less than 95% of maximum density determined in accordance with AASHTO T 180. • Section 304 — Aggregate Base Course (Class 6). ABC Class 6 will not be measured, but will be the quantities designated in the contract. • Section 509 — Steel Structures (Anchorage Plates) • Section 601 — Structural Concrete (Core Drill Concrete, 3" dia) • Section 602 — Reinforcing Steel, includes drilling holes for and epoxy grouting of the reinforcing steel. • Section 618 — Prestressed Concrete (Post -Tensioned Bars), including the installation of grout in the concrete core holes after post -tensioned bars have been installed. This also includes all hardware and equipment necessary for a completed installation except for the anchorage plates paid for in Section 509. • Section 626 - Mobilization NOTES: Pavement removal limits are estimated on the plans and will be determined in the field. The City of Fort Collins will provide the following work items for the project. • Traffic control • Asphalt pavement patching • Pavement striping • Quality control testing Please refer to the attached drawings, pages 1 — 4. SA 10/01 7 Minor Bridge Repair — work scope changes 1. Trench width on each side of the structure will be 3 feet. 2. Contractor can work on multiple structures at the same time. 3. Anchor plate modifications proposed by the contractor and approved by the City will replace the 2" steel plates shown on the plans. 4. Revised bid item list provided by the contractor will be the basis for project quantities. JUN-24-02 MON 02:51 PM CITY/FT COLLINS, PURCHAS FAX N0, 970 2216707 Jun- 24-OZ 06:23A wlh const-Truction 72 489 3900 "� ttyda �7"A"4 I LUft W06k A o � 5G�r4 �L.q➢"� P. 03/03 _b ;' x= Co"x� �� y b K -PRO P05 /5 TJ 7 /0 �,�L� l3/ik r2�.✓�, j�LArr; "rl/r�/c. �LJ07� 6n.4c r,vU I GoQ v & Y3Y 3/e TIC J3*F- a B �GArC 7-6 Alf 8.4e Tkiev -rH a SCor P.03 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. 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. SA 10/01