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HomeMy WebLinkAbout254063 W L CONTRACTORS - CONTRACT - CONTRACT - B02 10 419A ANNUAL 3169THE CITY OF GREELEY SERVICES AGREEMENT B02-10-419A TRAFFIC SIGNAL MATERIALS AND INSTALLATION THIS AGREEMENT made and entered into the day and year set forth below is by and between THE CITY OF GREELEY, COLORADO, a Municipal Corporation, hereinafter referred to as the "City' and W L CONTRACTORS, 6435 West 55°i Avenue, Arvada, Colorado 80002, hereinafter referred to as the "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 twenty-nine (29) page[s], and incorporated herein by this reference. a. This Agreement shall constitute the basic agreement between the parties for services for TRAFFIC EQUIPMENT INSTALLATION. The conditions set forth herein shall apply to all services performed bythe Provideron behalf of the City and particularlydescribed in Work Orders. issued by the City and agreed upon in writing by the parties. Such Work Orders shall include 1) a description of the services to be performed, 2) the location and time frame for performance, 3) the amount for the service, via a pre -submitted estimate for the labor cost and material/s list accepted and signed by authorized City employee 4) any materials supplied by the City, and 5) any special 1 0 circumstances relating to the performance of services. Under this Agreement, no individual work order shall exceed $50 000.00. The only services authorized under this Agreement are those which are performed after the completion and signing of such Work Order, except in emergency circumstances where oral requests may be issued. Work Orders will be converted to Purchase Orders. Oral requests for emergency actions will be confirmed by the issuance of a written Purchase Order within two (2) working days. b. The City may; at any time during the term of a particular work, and without invalidating the Agreement, make changes within the scope of the particular services assigned and the Provider agrees to perform such changed services. 2. Changes in the Work: The City reserves the right to independently bid any services that are estimated to exceed the amounts herein recorded or referred, or under special circumstances identified by the City, rather than issuing work to the Provider pursuant to this Agreement. 3. Time of Commencement and Completion of Services: The services to be performed pursuant to this Agreement shall be initiated as specified by each w ritten W ork O rder o r o ral emergency service request. Oral emergency service requests will be acted on without waling for a written Work Order since time is of the essence. 4. Contract Period: This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until December 31, 2003. This Agreement shall be annually renewable through December 31, 2004. Within thirty days of December 31 of each succeeding year for the duration of this Agreement, either party may call for a meeting to discuss, review or amend the Agreement for the ensuing year. Pricing changes or amendments shall be negotiated by and agreed to by both parties over both parties' signatures. Such changes as agreed to shall become a part of this Agreement. 2- 5. The Work Schedule: The services to be performed pursuant to this Agreement shall be Performed in accordance with the Work Order as issued. The Work Order shall include all applicable information as specified in this Agreement.. 6. Delav: 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 Provider must provide written notice to the City of such condition within twenty-four (24) hours from the onset of such condition. 7. Early Termination by Notice: Notwithstanding the time periods contained herein, the City may terminate this Agreement, as may the Provider, at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least thirty (30) 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: City: Traffic Division 1300 A Street Greeley, Colorado 80631 Service Provider. W L Contractors 6435 West 55"' Avenue Arvada, Colorado 80002 In the event of early termination by the City, the Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Provider's obligations under this Agreement. Such payment shall be the Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service providerfor the performance of this Contract, subject to additions and deletions provided herein. The actual amount of work to be performed will 3 _qj f Q 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 the services which will in fact be ordered. 9. Invoicing: Work shall be performed as recorded as listed in Exhibit A. No payment will be made on invoices from Provider that do not reference this agreement and/or Purchase Order and Work Order. 10. Payments: a) The City agrees to pay and the Provider agrees to accept as full payment for all work done and all materials fumished and for all costs and expenses incurred in the performance of the work the sums set forth and stated within the Work Order/Pre-submitted Estimate Form submitted for this service and incorporated herein by this reference and recorded under Exhibit "A". b) Payment shall be made by the City only after acceptance of the work by the City and upon the Provider furnishing satisfactoryevidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 11. 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. 12. Independent Service Provider. The services to be performed by Provider are those of an independent service provider and not of an employee of the City of Greeley. The City shall not be responsible f or w ithholding a ny p ortion o f S ervice P rovider's c ompensation h ereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 13. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Provider and that this Agreement shall be considered as an agreement for 0 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. 14. Acceptance Not Waiver. The Citys 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. 15. Warran . (a) 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) Provider warrants' all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and non -conformances in design, materials and workmanship for a p eriod b eginning w ith t he s tart of t he work a nd a riding twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or non -conformances, the affected item or part thereof shall be redesigned, repaired or replaced by Provider in a m anner and at a time acceptable to City. 16. 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 terns of this agreement, such party may be declared in default thereof. 17. Remedies. In the event a parry 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 parry 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 5 against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non - defaulting partys reasonable attorney fees and costs incurred because of the default. 18. Binding Effect: This writing, together with the exhibits hereto and the Terms and Conditions of the City of Greeley General Conditions of the Agreement for Services, 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. 19, Indemnity/Insurance a) The 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 Provider shall take all necessary precautions in performing the work hereunder to Prevent injury to persons and property. c) Without limiting any of the Providers obligations hereunder, the Provider shall provide and maintain evidence of insurance and workman's compensation coverage.to be attached hereto and incorporated herein by this reference. The Provider before commencing services hereunder, shall deliver to the Citys Purchasing Manager, 1000 Tenth St, Greeley, Colorado 80631 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 20. 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. R 21. Law/Severability. The laws of the State of Colorado shall govem 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 competentjurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF GREELEY, COLORADO a municipal corporation p Senior Buyer By: Purchasing Manager Date: / a�a/a -D— W L CONTRACTORS. PRINT NAME CORPORATE OFFICER Date: 7 W.L Contractors Inc. pate. 2003 Greeley Price Schedule #1282 item 9 nAamin4rnn nla u_l. n,__ 1 TrenchlBackfill As aft Restore vuN L.F. Vlln rii4 I $33.00 EaL Quern Amount 2 Trendt/BacktiH Concret Restore L.F. 1 $37.80 3 TrerxiUBacMl1 Dirt Restore L.F. $8.00 4 TrerrdVBacldll Sod Restore L.F. $11.00 5 TrendbBack(II.As haft No Restore L.F. 14.70 6 TrerrdVBackRl Concret No Restore L.F. $15.00 7 Ffl 2"Bored Conduit L.F. $14.50 8 F/13" Bored Conduit L.F. $20.00 9 Ffl 2" GRC L.F. $20.00 10 F/I 2" PVC L.F. $225 11 F/I 3" PVC L.F. $3.00 12 Po in Dirt Ea, $190.00 13 Pothd In Asphalt up to 7.75" Ea. $250.00 14 Pothd in AsDhaft 8" to 11.75" Ea. $290.00 15 Pothd in AsDhalt 12" to 15" Ea. $350,00 16 Pull Box UO Ea. $110.00 17 Pull Box Remove Ea. $52.50 18 Valve Pull Box Ea. $126.00 19 FAller Foundation Ea. $850.00 20 Foundation Remove Ea. $368.00 21 MFOundation ller Pad Ea. $100.00 22 Instal Ea. $42500 23 Remove Ea. $20000 24 erReset Ea. $850,00 25 Mast Ann Pole Install Ea. $i 375.00 26 Mast Arm Pole Remove Ea. $660100 27 Pedestal Pole Install Ea. $325.00 28 Pedestal Pole Remove Ea. 5.00 29 Ffl Strain Pole Ea. $1470.00 30 In Pole Remove Ea. $341.25 31 F/I Span Wire L.F. $5.00 32 Mast Arm Install 15°to 29' Ea. $250.00 33 Mast Ann Install 30'to 39, Ea. $300.00 34 Mast Ann Install 40' to 49' Ea. $325.00 35 Mast Arm Install 50' to 55' Ea. $350.00 36 Mast Arm Remove 15' to 29' Ea. $200.00 37 Mast Arm Remove 30' to 39' Ea. $225.00 38 Mast Ann Remove 40' to 55' Ea. $250.00 39 Mast Ann Reset Ea. $425.00 40 12 x 5 Si nal Head Install Ea. $235.00 41 12 x 1 to 4 Slgnal Head Install Ea. $180.00 42 Pedestrian Signal Head Install Ea. $105.00 43 Si nai Head Remove Ea. $131.25 strian Push Button Install Ea. $50.00 strian Push Button Remove Ea. $10.50 strian Instructional V Install Ea.o Detector WF/IMu'rd L.F. $6.50 rface L.F. $1.36 L UO Ea. $90.n le Pr. L Lead-in L.F. $0.95 ulti Pr. Loop Lead-in L.F. $1.45 52 R/11 Pedestrian Push Button Lead-in L.F. $1.25 53 Ffl Telephone Interconnect Wire L.F. $1.50 54 F/I Multiconductor 19 Cond. L.F. $3.75 55 F/I #8 Solid Bare Cu. Grd. Wire L.F. $0.78 56 FA ODUCOM Lead-in Wire L.F. $1.50 Sensor install Ea. $15000 Video DetectorAerial Mount Ea. $285.00 CF/I TrafficS LED Indtr�tion Install Ea. $25.00 Video Detection Cable L.F. $1.50 62 Force Account I L.S.