HomeMy WebLinkAbout113109 WATERFORD CORPORATION - CONTRACT - BID - 5793 INSTALLATION OF BUICK AND RAIL FENCESERVICES 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 Waterford Corporation, 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 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 upon signing of this Agreement. Services shall be
completed no later than July 30, 2003. 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.
[Early Termination clause here as an option.
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
is required, the material to be swept must be wetted down prior to sweeping to minimize
dust.
Good personal hygiene should be practiced, e.g. hand washing before eating, smoking,
using restroom, etc. Showering as soon as possible at the end of the fencing shift is
encouraged.
Disposable seat covers will be used in the vehicles, and changed on a weekly basis, at
minimum. They should be removed from the vehicle and folded inside out when the
vehicle is being used for other maintenance activities.
As stated in the MSDS, lumber treated with CCA, and any material that may have CCA
residue on it must not be burned. If there is any fire involving treated lumber, leave area
immediately, do not attempt to extinguish it. Report it to PFA immediately by calling
911.
Any concerns, questions, inquiry by citizens or the media should be referred to Margit @
224-6179 or the Project Manager.
As you work with this lumber, remember to take all reasonable steps to minimize
exposure by the routes of entry during handling and at the end of the shift. These routes
are:
Eye and skin contact with the material or anything that may have the chemical
residue on it from contact with the material e.g. gloves, clothing, etc.
Inhalation of sawdust, or, in case of fire, smoke and ash.
Ingestion of sawdust or residues.
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10
5-'ri t e 'r
Hy ^ /--Minimum 5" Top Diameter
Minimum 3" Top Diam.
Brace Shall be
5' 6" in Length
e cm SIOr•
Buck and Rail
Joints on Both Posts
•
i and Bolted with
Carriage Bolts
END VIEW
SIDE VIEW
inimum 4" Top Diameter
CITY OF FORT COLLINS
Natural Resou
Fence rce
Standard
Drawing
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EXHIBIT B
INSURANCE REQUIREMENTS
1. 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 afterten (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.
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EXHIBIT C
CITY OF FORT COLLINS
BID PROPOSAL
BID #5793
INSTALLATION OF BUCK AND RAIL FENCE
BID OPENING: JUNE 2 2003 3.00 p.m. (our clock)
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS
FOR INSTALLATION OF BUCK AND RAIL FENCE PER THE BID INVITATION AND ANY
REFERENCED SPECIFICATIONS:
The City of Fort Collins is requesting bids for assembly and installation only of 2 miles of buck
and rail fence at Cathy Fromme Prairie Natural Area located on the east side of Taft Hill Rd,
north of Trilby Rd to old Harmony Rd. per the attached map and specifications. Work must be
completed by July 30, 2003 or as directed by the Project Manager. Awarded contractor must
sign the attached Service Agreement and provide insurance per Exhibit "B".
Contractor must follow Attachment'W', Procedures for Safe Handling of CCA Treated Lumber
During Buck and Rail Fence Construction.
A pre -bid meeting is scheduled for May 21, 2003 at 10:00 am starting at Nix Farm, 1745
Hoffman Mill Road, and then proceeding to the installation site.
Any technical questions regarding this bid should be directed to Jim Miller, Project Manager at
970-416-2206
Any purchasing questions or inquiries regarding this bid should be directed to: John Stephen,
CPPB, Senior Buyer (970) 221-6777.
BID SCHEDULE
Cost per foot
$l per foot X 10560 feet = $ �7 , %i �f �Total
FIRM NAME
Are u a C_o Partnership, DBA, LLC, or PC
SIGNATUR L�-
ADDRESS LLbcf /Vv"Ov C.JN/--
PHONE/FAX # ��O 1 7`jSZ - G'j %� �C7q yZ— 093'Sz
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06/13/2003 15:26 FLOOD AND PETERSON EATON 4 919702216707
NO.550 D001
DATE -��. CERTIFICATE OF LIABILITY INSURANCE 061131D03�Y)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
211 First Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Eaton, CO 80615
970 454-3381 INSURERS AFFORDING COVERAGE
INSURED INSURER A; CNA_ Insurance Company
WATERFORD CORPORATION INSURERS:
% TOM NESSITT — — -`
INSURER a
P O BOX 1513
INSURER D:
FT COLLINS , CO 90522 INSURER E:
AVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWFrHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE POLICY EXPIRATION .S
LTR OATE�TE MlDWY LIMIT$
A
GENERAL LIABILITY
B1036418119
06123/02
06123/03
EACH OCCURRENCE $1 000,000
X COMM ERCWLGENERAL LIABILITY
CLAIMS MADE x l OCCUR
FIREDAMAGE(Anyo Am) 5100,0DD _
I NED EXP (Any one person)
PERSONAL & ADV INJURY
$1 0D0,000
_
GENERALAGGREGATE
$Z 00O 0D0 —
$1 000,000
_
GEN'LAGGREGATELIMrrAPPLIESPER:
PRODUCTS-COMWOPAGG
PRO- LOG
POLICY F1
A
AUTOMOBILE
LIABILITY
ANY AUTO
B1036418122
06129/02
06/23103
COMBINED SINGLE LIMIT
(Ea xeeanD
$1,000,D00
X
BODILY INJURY . $
(Perpemw)
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per aaidwD
$
HIRED AUTOS
NONAWNED AUTOS
X
PROPERTY DAMAGE
(Pere Nerd)
$
-
GARAGE LIABILITY
AUTOONLY- EAACCIDENT $ ..
ANY AUTO
.OTHER THAN EAACC $
AUTO ONLY: AGc $
A
EXCESS LIABILITY
02054184862
06/23/02
06/23/03
EACH OCCURRENCE
s1 OD0.000
J OCCUR n CLAIMS MADE
AGGREGATE
$1 000,000
5 .
DEDUCTIBLE
$
X RETENTION $10000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
wC STATU- OTH•
-
E.L.EACH ACCIDENT $
E.L DISEASE-EAEMPLOYEE $
E.L. DISEASE - POLICY LIMB 8
OTHER
DESCRIPTION OF OPERAMON34AM71ONSIVEWCLE3/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Fort Collins
Attn: John Stephen
Purchasing Division
Fort Collins, CO 80521
SHOULD ANYOFTH EABOVE DESCRIEED POLICIES BE CAN CEUME) B EFORE THE EXPIRATION
DATE THEREOF, THE ISSUING PJSUAER WILL ENDEAVOR TO MAILI0._ DAYS WRITTEN
NOTICE TOTH E CERTIFICATE HOLDERNAMED TOTME LEFT, BUTFAILURE TO DO$OSHALL
I M POSE NO OBLIGATION OR LIABILITY OF ANY I)NO UPON THE INSURER,ITS AGENTS DR
AUTHORIZED
ACORD 25S (7ffn1 of 2 #S250310/M223888 TXC 0 ACORD CORPORATION 1935
City:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
Service Provider:
Waterford Corporation
404 North Link Lane
Fort Collins, CO 80524-4700
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5 Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, the sum of Fifteen Thousand Seven
Hundred Thirty Four Dollars and Forty Cents ($ 15,734.40) 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 neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
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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
of the default.
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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.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Jame B. 'Neill II, CPPO, FNIGP
Directo Purchasing and Risk Management
Date: C / t ( I
Wa
•. •.."
PORATE PRESIDENT OR VICE PRESIDENT
Date:
(Corporate Seal)
SA 10/01
EXHIBIT A
SPECIFICATIONS FOR BUCK AND RAIL FENCE INSTALLATION
City will:
Supply all lumber including:
200 assembled bucks
Lumber for 900 unassembled bucks
3,300 — 12' rails
Mark site for fence location and limits of construction
Contractor will:
1. Assemble bucks at the Nix Farm maintenance office, located at 1745
Hoffman Mill Road
2. Provide hardware including, but not limited to, carriage bolts, washers,
nuts, nails and or screws
3. Arrange transport of all materials and supplies to the site from Nix Farm
4. Install fencing according to specification
5. Minimize any impacts of the work, to soil and vegetation on the site per
Project Manager direction
6. Clean-up work site daily
Specifications:
1. Bucks will be spaced at 10' on center
2. Each fence section will have three rails;
One diagonal on the side facing the street, with the low end facing south
Two horizontal on the side away from the street
3. Horizontal rails will be attached to bucks so as to have an even overhang
at each end
4. Rails will be attached to the lateral vertices of the top intersection of the
buck (see diagram)
5. Both horizontal rails on each section will occupy the same position
relative to the horizontal rails on adjacent sections (see diagram)
6. All bucks will face the same direction
SA 10/01
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PROCEDURES FOR SAFE HANDLING OF CCA TREATED LUMBER DURING BUCK
AND RAIL FENCE CONSTRUCTION
The lumber that we will be using to build buck and rail fencing on the perimeters of some
natural areas has been treated with a chemical, chromated copper arsenate, or CCA.
The purpose of this treatment is to preserve the wood from insects and fungus. The
reason that CCA protects wood from these life forms is because it is poisonous to them.
The chemical components of CCA, in sufficient quantities, are also poisonous to other,
non -target species, including humans. The likelihood of anyone being exposed to
hazardous levels of the chemicals while building fence is remote. However, we will take
every reasonable precaution to reduce that likelihood even further.
The routes of entry while fence building are:
Eye or skin contact with treated wood
Inhalation of sawdust
Ingestion of sawdust or residues
In order to minimize the possibility of exposure, the following Personal Protective
Equipment (PPE) and procedures will be used by all persons while working with this
material:
ALWAYS WEAR
1. Leather gloves, which will be dedicated to this activity
a. These will be clearly marked "fencing", and kept in plastic bags or other
containers when not in use
2. Coveralls, Tyvek suits, or long pants and long sleeved shirts, dedicated to
this
activity
a. These items will be washed separately from other clothing or
disposed of on a weekly basis, at minimum
3. Approved eye protection
4. Approved foot protection
a. Footwear must be cleaned daily
LOADING/UNLOADING AND DRILLING*
1. Same as above
2. Dust mask as appropriate (dispose of daily)
SAWING*, SANDING* OR OTHERWISE MACHINING*
1. Same as above
2. Respirator
3. Goggles
*These actions must be performed on a tarp or other surface that will allow proper
collection and disposal of sawdust and small pieces of treated lumber. When sweeping