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HomeMy WebLinkAbout120048 BLAZER WATERPROOFING - CONTRACT - BID - 5822 CONCRETE REPAIR AT OLD TOWN PARKING STRUCTURESERVICES 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 Blazer Waterproofing Systems, Inc. DBA Blazer Structures, 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 four (4) 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 May 15, 2004. 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 0 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Service Provider: City of Fort Collins, Purchasing Blazer Structures P.O. Box 580 14102 East Smith Drive Ft. Collins, CO 80522 Aurora, CO 80011 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 Fourteen Thousand Eight Hundred Seventy-five Dollars ($14,875.00). 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 9 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 10 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 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 t JameP 61 O'Neill II, CPPO, FNIGP Dire or of Purchasing and Risk Management Date: / 2-1 11 D Oj 11 Blazer Waterproofing Systems, Inc. Doing business as Blazer Structures PRIN NAPE �" X1� ici. "4w41 CORPORATE PRESIDENT OR VICE PRESOENT , Date: lrl2414P3 TAEST. (Corp rate Seal) C O CRETARY SA 10/01 12 repair which is located in the drive aisle on the NW side of level four. II) Patching compound should be a poly -modified concrete compound and be an anti -corrosive bonding agent. 111) Prior to concrete replacement the surface should be brushed to profile the deck surface. IV) A vehicular -grade protective membrane should be applied over approximately 600 square feet of the newly repaired concrete. b) STAIRWELL REPAIRS Northwest Stairwell I) Remove de -bonded concrete and metal at failed threshold. Use a poly - modified concrete patching compound and anti -corrosive bonding agent for repair. (Metal to be provide by the City of Fort Collins and repair to be performed by Contractor). 11) Install new sealants in approximately 20 linear feet of cracks and 6 linear feet of joint in front of the elevator door at level one. Southwest Stairwell Restoration (Top of stairwell steps and landings). 1) Route all cracks and grind all joint surfaces then install sealants to all joints and cracks. 11) City of Fort Collins will provide pressure washing of the concrete surfaces and top and bottom of stairwell. III) Contractor will install sealants to the concrete and apply a pedestrian grade protective waterproof system with aggregate interlace for non-skid on the stairs. IV) Metal stair pans and risers on level 3 and 4 will be sand blasted to remove all rust then re -coated with a rust inhibitor. 1.5 REFERENCE STANDARDS a) Comply with the following reference Standards; except where more stringent requirements are indicated on the drawings or specified herein: 1) American Concrete Institute (ACI) • ACI 117-90 "Standard Tolerances for Concrete Construction and Materials" • ACI 201.2R-92 "Guide to Durable Concrete" • AC1222R-89 "Corrosion of Metals in Concrete' • ACI-301-96 "Specifications for Structural concrete for Buildings" • ACI-302.1 R-89 "Guide for Concrete Floor and Slab Construction" • ACI-304R-89 "Guide for Measuring, Mixing, Transporting and Placing Concrete' • ACI 305R-91 "Hot Weather Concreting" • ACI 306R-88 "Cold Weather Concreting" • ACI 306.1-90 "Standard Specification for Cold Weather Concreting" • ACI 318-95 'Building Code Requirements for Structural Concrete and Commentary" • ACI 347-94 "Guide to Formwork for Concrete' 1.6 WARRANTY a) Provide to the City of Fort Collins a Joint and Several Warranty by the Contractor and Manufacturers for the concrete patching and sealant systems applied. The warranty will be for a minimum of three years and provide that materials are free of defects, water penetration, and chemical damage related to workmanship, or material deficiency, consisting of, but not limited to: 1) Surface crazing of other weather deficiency. 2) Abrasion or tear failure resulting from normal traffic use. 3) Tear failure resulting from anticipated movement. 4) Debonding from the substrate or delaminating between layers. 5) Defective installation. b) If the materials used show any of the defects indicated above, supply labor and materials to repair all defective areas c) Perform any repair under this Warranty at no cost to the City for three years after completion and acceptance of the entire project.