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HomeMy WebLinkAbout109252 ARMADILLO CONSTRUCTION - CONTRACT - BID - 5863 BUCK 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 Armadillo Construction Company, Inc., 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 two (2) 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 December 1, 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 s.a 10/01 i CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt./Dist.) Insured's Name and Address: Larry D Peterson (119/309) Armadillo Construction Company 149 W Harvard, Suite102 229 N Hwy 287 Fort Collins, CO 80525 Fort Collins, CO 80524 970-229-9393 This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend. extend or alter the coveraoe afforded by the policies listed below. 0, 1/ A ,. This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding 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. POLICY TYPE TYPE OF INSURANCE POLICY NUMBER Effective Expiration LIMITS OF LIABILITY Mo,Da ,Yr Mo,Da ,Yr Homeowners/ Bodily Injury and Property Damage Mobilehomeowners Liability Each Occurrence Boatowners Liability Bodily Injury and Property Damage Each Occurrence Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence Farm/Ranch Liability Farm & Personal Liability Each Occurrence Farm Employees Liability Each Occurrence Statutory Workers Compensation and Each Accident Employers Liability + Disease - Each Employee Disease - Policy Limit General Liability 05-XF9633 5/21/2004 5/21/2005 General Aggregate $ 2,000,000 ® Commercial General Products - Completed Operations Aggregate $ 2,000,000 Liability (occurrence) Personal and Advertising Injury $ 1,000,000 ❑ Each Occurrence $ 1,000,000 ❑ Fire Damage (Any One Fire) $ 100,000 Medical Expense (Any One Person $ 5,000 Businessowners Liability Each Occurrence + + Aggregate + + Automobile Liability 05-XF9633 5/21/20N 5/21/2005 Bodily Injury - Each Person 1,000,000 x Owned Autos (Basic form) Bodily Injury - Each Accident 1,000,000 ❑ Owned Autos (Comp form) Property Damage 250,000 ❑ Hired Autos Bodily Injury & Property Damage Combined ❑ Non -owned Autos ❑ Garage liability Excess Liability ❑ Commercial Blanket Excess 05-XF9633 5/21/2004 r5/21/2005 Each Occurrence/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS +The individual or partners shown as Insured ••• elected to be covered as employees under this policy. ++ Products -Completed Operations aggregate is equal to each occurrence limit and is included in policy aggregate. City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80522 111,15141 ® Should any of the above described policies be canceled before the expiration date thereof, the company will endeavor to mail '( 10 days) written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. *10 days unless different number of days shown. ❑ This certifies coverage on the date of issue only. The above described policies are subject to cancellation in conformity with their terms and by the t0 6-8-04 I 1_�__ C JUL 01 2004 14:46 FR TO 2216707 P.01i01 ACQkD-. CERTIFICATE OF LIABI PRODUCER Brown & Brown Inc - Ft Collins 125 S Howes, 5th Floor P O Box 2226 Fort Collins CO 80522-2226 Phoue:970-482-7747 Fax:970-484-4163 NMSUREn Armadillo Fence & Security Dallas Collet 229 N EliQhway 287 rart Collins CO 80524 I LITY INSURANCF. olj P GA07/01 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURER A: Pinnacol Assuranco INSURER B: INSURER C: _ INSURBRD: INSURER E: COVERAGES THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW REGUIREMENT. TERM OR CONDITION OF PERTAIN, THE INSURANCE AFFORDED BY AGGREGATE LIMITS SHOWN MAY TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED NAMED ANY CONTRACT OR OTHER DOCUMENT WTH THE POLICIES DESCRIBED HEREIN IS SUBJECT HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER ABOVE FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, pgTE M PERIOD INDICATED. THIS CERTIFICATE MAY EXCLUSIONS AND CONDITIONS OA MMIOOIY ( NOTWITHSTANDING BE ISSUED OR OF SUCH LIMITS GENERAL LIABILITY EACH GCCURRENCE $ -_ FlRE DAMAGE (Any one tire) COMMERCIAL GENERAL LIABILITY MEO EXP (Any one Perim) 9 CLAIMS MADE OCCUR PERSONALSADVINJURY $ .1 ^— GENERAL AGGREGATE S PRODUCTS-COMPIOP AGG S GENL AGGREGATE LIMT APPLIES PER: 71 POLICY 71 PRO' LOG JECT AUTOMOBILE LLABIIYY ANY AUTO COMBINED SINGLE LIMIY (go 8 CCIdaPI) S - - BODILY INJURY (Par Perim) S ALL OWNED AUTOS -1 SCHEDULED AUTOS ... _., HIRED AUTOS NON•OWNED AUTOS BODILY INJURY Mot xeWenU $ PROPERTY DAMAGE (Per awdern) $ —... -... GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY A= $ ANY AUTO S E%CESS LIABILITY EACH OCCURRENCE AGGREGATE OCCUR CLAIMS MADE S DEOUCTIBLE 6 RETENTION S WORKERS COMPENSATION AND X TORT L1M178 ER E.L EACH ACCIDENT S1UO1000 A EMPLOYERS'LIABILITY 4081334 05/20/04 06/01/05 E. LDISEASE - EA EMPLOYEE $ 100,000 E.L DISEASE. POLICY LIMIT i 50O 000 OTHER DESCRIPTION OF OPERATIONBILGCATIONSNEHICLESIEXCLU81ONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Pax: 221-6707 CERTIFICATE HOLDER N ADomoNAL INSURED; INSURER LETTER _ CANOELLATION ciTy . w SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR YO MAIL .111_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT PAILURE TO 00 SO SHALL City of Fort Coling IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P O Box 580 Fort Collins CO 80522 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-3 (7197) ACORD CORPORATION 19EB the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins, Purchasing P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Armadillo Construction Company, Inc. 229 N. Hwy. 287 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-two Thousand Sixty-six Dollars and Eighty cents ($22,066.80) the Cost Breakdown is attached as 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 SA 10/01 2 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 3 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 ail 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 4 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 By: �. Ja s . O'Neill II, CPPO, FNIGP Dire to of Purchasing and Risk Management Date: 7 Armadillo y aydillotioyCc _� 0-a,-��c�-71 WK coN 1 PRINT AME n t C�9� CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: UL44 1 / f , (Corporate Seal) C " PORATE SECRETARY SA 10/01 5 EXHIBIT A SPECIFICATIONS FOR BUCK AND RAIL FENCE INSTALLATION City will: 1. Mark sites for fence location and limits of construction Sites and lengths of installation are as follows: Arapaho Bend, west of County Rd 7, 1,130 ft Running Deer, east side, 2,700 ft Contractor will: 1. Supply all materials including lumber and fasteners for buck and rail fence as per specification 2. Assemble and install buck and rail fence to designated sites according to specification 4. Minimize any impacts of the work, to soil and vegetation on the site per Project Manager direction 5. Clean-up work site daily Specifications: A) Materials - all lumber shall be untreated. 1. 400 assembled bucks: buck posts shall be 5 feet in length and have a minimum 4 inch top diameter. buck posts shall be mortised for an intersection to be centered at a distance of 3 feet and 6 inches from the larger end of the post and to a depth no greater than 2 inches. bracing rails shall have a minimum 3 inch top diameter and a length of 4 feet 6 inches. Fasteners used for buck assembly shall be 3/8" zinc plated carriage bolt, flat washer and nut. 2. 1,20Q rails: rails shall be 12 feet in length and have a minimum 3 inch top diameter fasteners for rails shall be ring shank spikes of sufficient length to penetrate a minimum of 2" into the buck post. 3. In addition to the materials in 1 and 2 above, the following shall be delivered to the City no later than one month after award of bid: 400 mortised buck posts 200 bracing rails B) Installation on site 1. Bucks will be spaced at 10' on center. 2. Each fence section will have three rails; One diagonal rail on the side facing the road (where applicable), with the low end toward on -coming traffic. Two horizontal rails on the side away from the road. 3. Horizontal rails will be attached to bucks so as to have an even overhang at each end. 4. The top horizontal rails will be attached to the lateral vertices of the top intersection of the buck (see photograph). 5. All bucks will face the same direction. 4 No Text 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 Exhibit �. CITY OF FORT COLLINS BID PROPOSAL BID #5863 BUCK AND RAIL FENCE BID OPENING: JUNE 22, 3:00 p.m. four clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR BUCK AND RAIL FENCE PER THE BID INVITATION AND ANY REFERENCED SPECIFICATIONS: The City of Fort Collins is requesting bids for purchase, assembly and installation of 3830 linear feet of untreated buck and rail fence located at Arapaho Bend, west of County Rd 7, (1,130 ft) and Running Deer, east side, (2,700 ft) per the attached specifications. Work must be completed by December 1, 2004 or as directed by the Project Manager. Awarded contractor must sign the attached Service Agreement and provide insurance per Exhibit "B". 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, CPPO, CPPB, Senior Buyer (970) 221-6777. BID SCHEDULE 1. Cost per foot for purchase, assembly and installation $ I 90 _per foot X 3830 feet = $ jZ • Total 2. 400 buck posts t,� 0 $ 1 > each X 400 = $ g • Total 3. 200 bracing rails p 0 $ �� �3 each X 200 = $_ 3 L{ b Total GRAND TOTAL $ °2: © o ga FIRM NAME -A s vuk R I Cow s v cA- i,00 C� • Ll.) C , Are you a Corporation ParWership, DBA, LLC, or PC SIGNATURE - ADDRESS --a __ l�✓__ �?� _ PHONE/FAX # t -r 1"oi 3