HomeMy WebLinkAbout102598 KIEFER CONCRETE - CONTRACT - CONTRACT - 20354SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year setforth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and Kiefer Concrete, Inc., 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:
Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of one (1) 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 Notice to Proceed by City Representative.
Services shall be completed no later than Fifteen Days (15) 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 06/2004
City:
City of Fort Collins, Purchasing
P.O. Box 580
Ft. Collins, CO 80522
Attn: John Stephen
Service Provider:
Kiefer Concrete, Inc.
360 Linden Street
Ft. Collins, CO 80524
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-seven Thousand
Three Hundred Eighty-five Dolls ($27,385.00) $26,725.00 Base Bid + $660.00 Sealant.
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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
SA 0612004
2
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.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
SA 06/2004
3
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. 0. 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/Severabiiity. 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.
sn 06/2004
4
I1
RATE SECRETARY
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Jam B. 'Neill ll, CPPO, FNIGP
Direct f Purchasing and Risk Management
Date: /Zy 4 O F
Kiefer Concrete qz�:
Inc
By:
PRINT NAME
\\J. P
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 641
(Corporate Seal)
sn 06/2004
5
EXHIBIT A
Scope of Work
Mobilization three (3) time, Structural concrete footings and walls. Housekeeping pads,
Interior floor, Trench drains with covers, Concrete sidewalk, Bollards Tx 8" filled with
concrete, Drive 8" concrete paving @ $5.00/SF and Curb & Gutter $20.00/SF, fine
grading and clean up. Drive 8" concrete and Curb & Gutter SF or LF/costs will be
adjusted with a Change Order.
Includes drawings titled:
TRANSFORT ALTERNATIVE FUELING STATION
CITY OF FORT COLLINS
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 $500,000
combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible for
any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
SA os/2004
SENT BX: KTEFER CONCRETE TNC; 9704828858; JLIN•16-04 i:03PM; PAGE 1/1
6
f Co"ClE'TE. iNtC.
(870)482-8542
FAX (970) 482-W58
E-MAIL kietercnnC�rol.com
PROPOSAL
EXHIBIT C
CONCRETF FINI$WINO
CONCRETE CONTRACTIONG
WO LINDEN STREFT
FORT COLLINS, CO 80524-2495
OR: City of Fart Collins: Attu: Steve White PATE; .lung 16, zOd4
a.,:_QO.
FOOTINGS, WALLS, INTERIOR FLOORS I PADS, EXTERIOR SLAB
ZONAL 8" EXTERIOR SLAB FIGURED AT 1015 3F -.- - ........_
AND GUTTER REPLACEMENT .._.__--------- _�
EXCLUSIONS: Excavation I Backfill, Utility Work, Embeds,
$26,725.00
$5,075.00
$20-001 LF
60 39Vd S3I1IlI3d3 P699TZZOLS 99:0T b00Z/ZO/LO
CNG TRANSFORT CONCRETE QUOTES
6/24/2004
ITEMS
HOFF
COMMERCIAL
KIEFER
FOOTINGS & WALLS
$ 16,670.00
$ 18,235.00
INCLUDED
INCLUDES MOBIL.
HOUSEKEEPING PADS
$ 6,075.00
$ 4,941.00
INCLUDED
AND SLAB
8" PIPE BOLLARDS
$ 928.00
NONE
INCLUDED
CONCRETE PUMPING
INCLUDED
$ 2,300.00
INCLUDED
TRENCH DRAINS
$ 4,836.00
NONE
INCLUDED
$ 28,509.00
$ 25,476.00
$ 26,725.00
SEALANT
$ 660.00
INCLUDED
$ 660.00
$ 29,169.00
$ 25,476.00
$ 27,385.00
DRIVE REPLACE
4.401SF 7"
4.60/SF 8"
5.00/SF 8"
CURB/GUTTER 60LF ±
12.75/LF
13.34/LF
20.00/1-F
$ 765.00
$ 800.00
$ 1,200.00
$ 29,934.00
ammm$
28,585.00