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HomeMy WebLinkAbout273227 YENTER COMPANIES - CONTRACT - CONTRACT - 19757SERVICES 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 sr v "City" and Yenter Companies, 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 five (5) 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 April 30, 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 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: SA 10/01 Rock Slope Stability, SH 14 —Approximate Mile Marker I&S Page 3 of 3 4. The slope angle can be reduced and an adequate catchment area can be created with additional excavation. Also recommended in addition to the mitigation alternatives listed above is the installation of a buttress to help support a large boulder, which has the potential to be come significantly undermined with the continued erosion of the soil matrix. The large boulder is outlined in Figure 2. Cc: CK Su/Robert Florez Materials and Geotechnical Branch 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: 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 MAR-15-2004 15:35 FROM:YENTER COMPANIES 3032790908 TO:970 221 6586 EXHIBIT C r TIME AND MATERIAL RATES Yenter Companies, Inc. respectfully submits the following time and material rates to perform work at your direction: U or Foreman/Blaster $60.00/hr 'High Scaler $50.00/hr Basket Driller $54.00/hr Driller $48.00/hr Equipment Operator $48.00/hr Truck Driver $45.00/hr Laborer/Assistants $38.00/hr .Lodging -Per Diem $75.00 per man -per day - Job Specific Standby will be charged at 65% hourly rate. Time greater than 40 hours per week will add 30% to hourly rate Equipment Operated/No Labor Furukawa 9 Rock Drill $90.00/hr + drill string @ $0.25 per lineal foot Vurukawa 12 Cab Rock Drill $119.00/hr + drill string @ $0.30 per lineal foot Butte Large Diameter Casing Drill $148.00/hr + drill string @ $2.10 per lineal foot Klemm/Soil Mech Casing Drill $128.00/hr+ drill string @ $1.85 per lineal foot 65 Pound Hand Drill $ 8.00/hr includes drill string Hydraulic Rock Splitter Air Compressor 185 to 260 cfm Air Compressor 600 to 800 cfin Shoterete/Concrete Pump Grout Pump Excavator G80 Hydraulic Hammer Loader (IT 28, L70) Skidsteer Loader One Ton Support Truck Support/Scaling Trailer Semi Tractor/Low Boy Water Truck Bolt Basket Drill Crane $15.00/hr $15.00/hr $46.00/hr $38.00/hr $18.00/hr $98.00/hr $33.00/hr $63.00/hr $35.00/hr $10.00/hr $ 8.00/hr $55.00/hr $43.00/hr $38.00/hr + Crane + Compressor Invoice + 15% Sub -contracted Trucking/Ilauling Invoice + 15% Standby will be charged at 65% hourly rate. Materials & Other Egaenses #10 Grade 75 -Rock Bolts $2.95/per If #10 Grade 75 -Nuts $6.33/each 8" x 8" x'/," Plates $6.80/each Type lli Grout Mix $12.00/94# sack Epoxy Resign Cartridge $5.00/each Maccafferri Mesh Galvanized $0.40/Square Foot Welded Wire Fabric 4.Ox4.0 $0.52/Square foot P.4/6 MAR-15-2004 15:35 FROM:YENTER COMPANIES 3032790908 TO:970 221 6586 P.5�6 :Materials (cunt) Shotcrete/Concrete Invoice Cost + 15% Imported Fill Invoice Cost +15% Dump Fees Invoice Cost + 15% Explosive Costs Cap Sensitive Explosives ANFO (Nitron Carbon Nitrate) Detonating Cord (25 grain) EZ Detonator w/8' EL Detonator w/12' EZ Detonator w/16' EZ Detonator w/24' Surface Delays Noiseless Lead -In Tnu►kline $3.25/lb $0.50/lb $0.50/ft $4.20/ea $4.45/e8 $4.65/ea $6.85/ea $3.75/ca $0.20/ft City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Attn: John Stephen Service Provider: Yenter Companies,i re- - 20300 West Highway 72 Arvada, CO 80007 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 Twenty-four Thousand Eight Hundred Sixty-five Dollars ($24.865.00) [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 underthis 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. SA 10/01 2 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. SA 10/01 3 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. SA 10/01 4 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: Yenter Companies,<'rc. By: C f+/bc,- f C Rv` K», o PRINT NAME Pr �e s Ci 'f CORPORATE PRESIDENT OR VICE PRESIDENT Date: 4-/ 7/0 •r ATTES (Corporate Seal) PORATE SECRETARY SA 10/01 5 MAR-15-2004 15:35 FROM:YENTER COMPANIES 3032790908 r EXHIBIT A TO:970 221 6586 P.2�6 20300 West Highway 72 .Arvada, Ca. 80007 (303) 279-4458 (303) 279-0908fat March 12, 2004 City of Fort Collins — Park Planning ATTN.- Jason Stutzman Fort Collins, Co_ RE: Gateway Mountain Park Scaling Dear Jason, Yenter Companies, Inc has made a site visit to the Gateway Mountain Park and assessed scaling concerns you have at the location. Yenter offers the attached rates to perronn work at your direction. The estimated costs are as follows: Mobilization Estimated duration of 12 hours Truck Driver $45.00/hr Foreman/Blaster $60.00/hr High Scaler $50.00/hr High Scaler $50.00/hr $2,460.00 Semi Tractor/Low Boy $55.00/hr Onc Ton Support'fruck $10.00/hr One Ton Support Truck $10.00/hr $900.00 Mechanical Scaling— Hitachi 270 Excavator Evtlmated duration of 20 hours Foreman/Blaster $60.00/hr Equipment Operator $48.00/hr Excavator $98.00/hr G801Iydraulic iIammer $33.00/hr One Ton Support Truck $10.00/hr One Ton Support Truck $10.00/hr $5,180.00 Class 6 Roadbase for road protection 30 tons a, $20.00 per ton delivered $600.00 MAR-15-2004 15:35 FROM:YENTER COMPANIES 3032790908 TO:970 221 65% P.3�6 Haul off Scaled Material Estimated duration of 111 hours Foreman/Blaster $60.00/hr Equipment Operator $48.00/hr Excavator $98.00/hr One Ton Support Truck $10.00/hr One Ton Support Truck $1.0.00/hr Tandem Dump Truck $68.00/hr Rockfall Mesh —1000 square feet Estimated duration of 20 hours Foreman/Blaster $60.00/hr High Scaler $50.00/hr High Scaler $50.00/hr Air Comp 185 to 260 efin $15.00/hr 65 Pound Hand Drill $ 8.00/hr One Ton Support Truck $10.00/hr One Ton Support Truck $10.00/hr Maccafferri Mesh Galvanized $0.40/Square Foot 410 Grade 75 — Rock Bolts $2.95/per if #10 Grade 75 —Nuts $6.33/each 8" x 8" x ''/s" Plates $6.80/each Type IJJ Grout Mix $12.00/94# sack '/z" Galvanized Cable $3.00/lf Traffic Control— 5 days Total Estimated cost — see attached subcontractor bid 15% markup for Overhead on sub contractor item Total Estimated Cost: $249865.00 $2,940.00 $42060.00 $600.00 $165.00 $70.00 S75.00 $120.00 $180.00 $7,515.00 The price above is given as an estimated budget and is based upon the attached unit rates. Yenter will perform work at your direction and will document all time and cost to help maintain the desired budget. Thank you for the opportunity to provide you with pricing on this project. IVA Long Yenter Co panes. Inc. Memorandum MATERIALS AND GEOTECHNICAL BRANCH OT SOILS AND ROCKFALL PROGRAM 4201 EAST ARKANSAS, DeNvER, CoLoRADo 80222-3400 (303) 757-9424 DATE: February 27, 2004 TO: Wendy Turner, Region 4 Engineering FROM: Ty Ortiz, Rockfall Program Manager SUBJECT: Rock Slope Stability, SH 14 — Approximate Mile Marker 16.5 Regarding the road cut on SH 14 at mile marker (MM) 116.5, the most recent site visit was on January 13, 2004, with Ms. Wendy Turner of Region 4 and Mr. Jason Stutzman of the Ft. Collins Park Planning and Development Department, and Mr. Robert Florez and Ty Ortiz of the Rockfall Program. Our understanding of this road cut is that the project was funded and managed by the City of Fort Collins with input from the CDOT. At this point, construction is complete, however, there are concerns regarding the slope stability of the road cut at this location. This report summarizes our evaluation of the rock fall potential and rock slope stability of the road cut and provides recommendations for rckfall and rock slope mitigation. Our evaluation is only for the area of slope disturbed during the construction of the road widening needed to accommodate improvements made to the Gateway Park entrance. A comparison or evaluation of any adjacent rock cut is not considered. Figure 1 outlines the area of slope evaluated. Site Description and Observations The slope is located on the eastbound lane of SH 14 near the Gateway Park entrance. The cut is around 20 ft in height and located within highly weathered metamorphic and igneous rock. Large boulders, up to about 10 ft in diameter, which appear to be partially supported by a soil matrix, are exposed in the cut. Several small, loose boulders were also Figure 1: View of slope looking eastbound Rock Slope Stability, SM 14—Approximate Mlle Marker 16.5 Page 2 of 3 observed. The ditch at this location does not seem to be acting as an adequate rockfall catchment area. Conversations with Region 4 Maintenance personnel indicate the same. Figure 2 shows a panoramic view of the slope face. Figure 2: Panoramic view of slope face being considered for mitigation Conclusion and Recommendation The slope, in its current state, does not appear to be stable. Conversations with maintenance indicate that rock is often found in the roadway in this area. Rockfall at this location is most likely the result of cobbles and boulders raveling from the slope. The sandy, soil matrix helping to support these cobbles and boulders is easily eroded during heavy rain and snowmelt. Erosion of this material causes undermining of larger boulders, which eventually ravel from the slope. Since the ditch does not serve as an adequate rockfall catchment area, the boulders roll onto the highway. Based on our observations of the slope, the following mitigation alternatives or combination of alternatives are offered: 1. Since the underlying cause of rockfall at this slope appears to be erosion of the soil matrix, erosion control by applying shotcrete to specific locations throughout the slope can be utilized. 2. A rockfall barrier can be installed at the base of the slope, which would reduce the amount of rock rolling onto the highway. Rockfall barriers can range form Type 7 barriers to rockfall fences. The amount of shoulder available at this location should be considered when evaluating the constructability of this option. 3. Draped netting can be installed to help control the rockfall and reduce the amount of rock reaching the travel lanes. When evaluating the effectiveness of this option, wire rope or Tecco netting should be considered.